Borough of Duncannon, PA Chapter 205 TREES

[HISTORY: Adopted by the Borough Council of the Borough of Duncannon 11-12-1970 by Ord. No. 161 (Ch. XXVI, Part 2, of the 1970 Code). Amendments noted where applicable.]

GENERAL REFERENCES

Shade Tree Commission — See Ch. 60.

Grass, weeds and other vegetation — See Ch. 130.

Subdivision and land development — See Ch. 185.

§ 205-1 Adoption of Shade Tree Commission regulations.

The following regulations of the Shade Tree Commission of the Borough of Duncannon are hereby adopted and approved with the understanding that the Shade Tree Commission shall not be precluded in the future from adopting and submitting to the Borough Council for approval additional and more extensive rules and regulations pertaining to the shade trees in the Borough.

§ 205-2 Definitions; word usage.

A. As used in this chapter, the following terms shall have the meanings indicated:

PERSON

Includes any natural person, partnership, association, firm or corporation.

SHADE TREE

Includes any tree growing upon or along any street or sidewalk in the Borough, or of which any portion shall extend over or into any street or sidewalk in the Borough.

STREET

Includes any street, road, lane, alley, or public square in the Borough, open to the public and used primarily for vehicular traffic.

B. In this chapter, the singular shall include the plural, the plural shall include the singular, and the masculine shall include the feminine and the neuter.

§ 205-3 Responsibility of property owners.

All persons owning real estate located in the Borough of Duncannon shall be responsible for conforming to the provisions of this chapter applicable to shade trees growing upon real estate owned by such persons or growing upon the street or sidewalk, or grassplot pertinent thereto, abutting upon such real estate.

§ 205-4 Removal of shade trees.

[Added 1-7-1986 by Ord. No. 240]

It shall be unlawful for any person to remove any shade tree, as hereinbefore defined, without first having obtained a permit therefor from the Shade Tree Commission. Said permit may provide that a suitable replacement tree shall be planted in place thereof in the sole discretion of the Shade Tree Commission. Any such planting shall be in accordance with the other provisions of this chapter as hereinafter set forth.

§ 205-5 Planting on sidewalk grassplot.

It shall be unlawful for any person to plant any shade tree upon the grassplot between street or curb and paved sidewalk without first having obtained a permit therefor from the Shade Tree Commission. No such tree shall be planted closer than one foot from the curbline or closer than 15 feet from any other tree planted upon such grassplot.

§ 205-6 Planting on dedicated portion of street.

It shall be unlawful for any person to plant any shade tree upon the dedicated portion of any street in the Borough, except for a tree lawfully planted upon the grassplot between street or curb and paved sidewalk, as permitted by § 205-5 of this chapter. Any tree planted or maintained in violation of this section shall be removed by the owner of the abutting property at his expense, following notice to such property owner so to do.

§ 205-7 Clearance over street or sidewalk.

It shall be unlawful for any person to plant or maintain any shade tree, the branches, boughs and/or foliage of which shall have a clearance of less than 13 feet six inches above the roadway of any street or less than eight feet above the surface of any sidewalk, or any portion of the trunk of which shall extend horizontally over the line of any paved sidewalk or beyond the curbline of any street. Following notice from the Shade Tree Commission, the property owner responsible for any tree growing as prohibited by this section shall trim, prune, cut or remove such tree as necessary so as to remedy the conditions so as to eliminate such violation.

§ 205-8 Maintenance requirements.

Any tree planted, maintained or growing in violation of any provision of this chapter and not trimmed, pruned, cut or removed by the owner of the property, as necessary to eliminate such violation, within the time limit stated upon the notice by the Shade Tree Commission to such property owner, shall constitute an obstruction to the streets and highways of the Borough and may be trimmed, cut, pruned or removed, as necessary, by order of the Borough Council, and the cost of such work, with an additional amount of 10%, shall then be collected by the Borough from such defaulting property owner.

§ 205-9 Violations and penalties.

Any person who shall violate any provision of this chapter shall, for each and every such violation, be liable to the penalty assessable by the Shade Tree Commission under the terms of § 60-2, Assessment of penalties, of Chapter 60, Shade Tree Commission, of the Code of the Borough of Duncannon, provided that each day's violation of any such provision shall constitute a separate violation.