[Ord. 307, 3/21/1972, § 1; as amended by Ord. 93-03,
3/16/1993, § 1]
(a)
A Shade Tree Commission is hereby created in and for the Borough
of Mifflinburg. The said commission shall be constituted as provided
by law and shall perform all the duties and may exercise all the powers
conferred by law upon borough shade tree commissions.
(b)
Composition of Commission. The Commission shall be appointed by the
Council, and shall serve without compensation. The Council shall appoint
one member for a term of three years, one for a term of four years
and one for a term of five years. On the expiration of the term of
any commissioner, a successor shall be appointed by the Council to
serve for a term of five years. Vacancies in the office of commissioner
shall be filled by the Council for the unexpired term.
[Ord. 307, 3/21/1972, § 2; as amended by Ord. 87-1,
2/24/1987, § 1; and by Ord. 93-03, 3/16/1993, § 2]
The Commission shall have exclusive custody, and control of
the shade trees in the Borough, and shall be authorized to plant,
remove, maintain and protect shade trees on the streets and highways
in the Borough.
(a)
The Commission may employ and pay such superintendents, engineers,
foresters, tree-wardens or other assistants as the proper performance
of the duties devolving upon it shall require, and may make and enforce
regulations for the care and protection of the shade trees of the
Borough. No such regulations shall be enforced until it has been approved
by the Council and enacted as an ordinance.
(b)
The Commission may remove, or cause or order to be removed, any tree
or part of a tree which is in an unsafe condition or which, by reason
of its nature, is injurious to sewers, electric power lines, water
lines or other public improvements, or is affected with any injurious
fungus, insect, pest or other disease.
[Ord. 307, 3/21/1972, § 3; as amended by Ord. 87-1,
2/24/1987, § 2; and by Ord. 93-03, 3/16/1993, § 3]
The Shade Tree Commission may assess penalties for the violation
of its regulations and of this Part so far as it relates to shade
trees of not less than $50 and not more than $300 for each and every
violation. Any penalty so assessed shall be a lien upon the real estate
of the offender, and may be collected as municipal claims are collected.
[Ord. 307, 3/21/1972; as added by Ord. 93-03, 3/16/1993,
§ 5]
The Shade Tree Commission shall annually report in full to the
Council its transactions and expenses for the last fiscal year of
the Borough.
[Ord. 307, 3/21/1972; as added by Ord. 93-03, 3/16/1993,
§ 5]
(a)
Whenever the Commission proposes to plant, transplant or remove shade
trees on any street, notice of the time and place of the meeting at
which such work is to be considered shall be given in one newspaper
of general circulation in the Borough once a week for two weeks immediately
preceding the time of the meeting. The notice shall specify in detail
the streets or portions upon which trees are proposed to be planted,
replanted or removed.
(b)
Cost of Planning. The cost of planting, transplanting or removing
any shade tree in and along the public streets and highways, of the
necessary and suitable guards, curbing or grading for the protection
thereof, and of the replacing of any pavement or sidewalk necessarily
disturbed in the execution of such work shall be paid by the owner
of the real estate abutting the area in which the work was performed.
The amount each owner is to pay shall be ascertained and certified
by the Commission to the Borough Council and to the Borough Secretary.
(c)
Notice of Assessment. Upon the filing of the certificate with the
Council, the Borough Secretary shall cause 30 days written notice
to be given to every person against whose property an assessment has
been made. The notice shall state the amount of the assessment, and
the time and place of payment, and shall be accompanied with a copy
of the certificate. The amount assessed against the real estate shall
be a lien from the time of the filing of the certificate with the
Council, and if not paid within the time designated in the notice,
a claim may be filed and collected by the Borough Solicitor in the
same manner as municipal claims are filed and collected.
[Ord. 307, 3/21/1972; as added by Ord. 93-03, 3/16/1993,
§ 5]
(a)
The Borough shall have the right to notify private owners to prune
any tree or shrub on private property when it interferes with the
proper spread of light along the street from a street light or interferes
with the visibility of any portion of any road or of any traffic control
device or sign or is a potential hazard to persons or property.
(b)
Removal of Diseased Plants, Shrubs and Trees. The Commission may,
upon such notice as may be provided by ordinance, require owners of
property to cut and remove plants, plants, shrubs and trees afflicted
with the Dutch Elm or other disease which threatens to injure or destroy
plants, shrubs and shade trees, in the Borough under regulations prescribed
by ordinance. Upon failure of any such owner to comply with such notice,
the Borough may cause the work to be done by the Borough, and levy
and collect the cost thereof from the owner of the property. The cost
of such work shall be a lien upon the premises from the time of the
commencement of the work, which date shall be fixed by the Borough
Engineer and shall be filed with the Borough Secretary. Any such lien
may be collected by action in assumpsit or by lien filed in the manner
provided by law for the filing and collection of municipal claims.
(c)
Tree Topping. It shall be unlawful for any person, corporation, partnership,
association, firm or governmental body to top any street tree or other
tree on public property unless otherwise authorized by the Shade Tree
Commission or by the Borough Council. Topping is defined as the severe
cutting back of limbs to stubs larger than three inches in diameter
within the tree's crown to such degree as to remove the normal
canopy and disfigure the tree. Trees severely damaged by storms and
other causes, or certain trees under utility lines or other obstruction
where other trimming practices are impractical, may be exempted from
this Part; provided, that special exception is duly authorized in
writing by the Shade Tree Commission.
[Ord. 307, 3/21/1972; as added by Ord. 93-03, 3/16/1993,
§ 5]
Unless specifically authorized by the Shade Tree Commission,
no person shall intentionally damage, cut, carve, transport or remove
any tree; attach any wire, nails, sproutings, advertising posters
or other contrivance to any tree, allow any substance which is harmful
to come into contact with a tree; set fire or permit any fire to burn
which may cause injury to a tree; cut or interfere with the roots
of any shade tree; or remove any device placed to protect a tree except
in case of immediate necessity for the protection of life or property.
[Ord. 307, 3/21/1972; as added by Ord. 93-03, 3/16/1993,
§ 5]
Application for permits shall be completed at the Borough office
and will be considered at each month's meeting of the Shade Tree
Commission.
(a)
No person shall plant, spray, fertilize, trim, remove or cut or otherwise
disturb any tree on any land located within the street, highway or
right-of-way, or upon municipal-owned property without first procuring
a permit from the Shade Tree Commission. The person receiving the
permit shall be abide by any specifications or requirements reasonably
imposed by the Commission. There will be no charge to obtain permits.
(b)
Commission may issue permits to property owners to trim, plant or
remove shade trees, plants and shrubs. Upon failure of any such property
owner to comply with such notice within 30 days, the Commission may
cause the work to be done by the Borough and may, in such case, levy
and collect the cost of the work from the owner of the property.
(c)
Any permit granted shall contain a definite date of expiration, and
the work shall be completed in the time allowed on the permit and
in the manner therein described. Permits shall be void if the terms
of the permit are violated.
(1)
Failure to obtain the necessary permit before beginning any
work shall constitute a violation of this Part.
(2)
The Commission may refuse a permit to plant any species of tree,
shrub or plant which is not in compliance with this Part or any of
the rules and regulations established by the Shade Tree Commission.
(d)
Notice of completion of work for which permit was issued shall be
given within five days by the property owner to the Commission for
its inspection.
[Ord. 307, 3/21/1972; as added by Ord. 93-03, 3/16/1993,
§ 5]
The terms of this Part shall be enforced by the Shade Tree Commission
in conjunction with the Mayor and the Police Department of the Borough
of Mifflinburg.
