[HISTORY: Adopted by the Borough Council of the Borough of Waterford 12-13-1993 by Ord. No. 4-1993. Amendments noted where applicable.]
For the purpose of this chapter the following terms, phrases, words, and their derivations shall have the meaning given herein.
- LARGE TREES
- Designated as those attaining a height of 45 feet or more.
- MEDIUM TREES
- Designated as those attaining a height of 30 feet to 45 feet.
- The Borough of Waterford, Erie County, Pennsylvania.
- Includes all public parks.
- Any person, firm, partnership, association, corporation, company or organization of any kind.
- PRINCIPAL THOROUGHFARE
- Any street upon which trucks are not prohibited.
- PROPERTY LINE
- The other edge of right-of-way.
- PROPERTY OWNER
- The person owning such property, as shown by the County Assessor's Plot of Erie County, abutting the tree lawn.
- PUBLIC PLACES
- Includes all other grounds owned by the Municipality of Waterford Borough, County of Erie.
- PUBLIC TREES
- Includes all shade and ornamental trees now or hereafter growing on any street or any public areas otherwise indicated.
- SHADE TREE COMMISSION
- The body under whose jurisdiction all street trees in the tree lawn fall.
- SMALL TREES
- Designated as those attaining a height of 20 feet to 30 feet.
- STREET or HIGHWAY
- The entire width of every public way or right-of-way when any part thereof is open to the use of the public, as a matter of right, for purposes of vehicular and pedestrian traffic.
- SUITABLE TREE
- The proper productive species for that particular site. "Productive species" means type and size that will flourish at that site.
- TREE LAWN
- That part of a street or highway not covered by sidewalk or other paving lying between the property line and that portion of the street or highway usually used for vehicular traffic.
When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular and words in the singular include the plural. The word shall is mandatory and not merely directory.
The Commission shall have custody and control of the shade trees in the municipality and is authorized to:
Plant, remove, maintain, and protect shade trees in the tree lawn and on public property within the municipality upon Borough Council approval.
Recommend to the proper authority the type and kinds of trees to be planted upon such municipal streets or parts of municipal streets or in parks as is designated.
Assist the properly constituted officials of the municipality, as well as the municipal governing body and citizens of the municipality, in the dissemination of news and information regarding the selection, planting and maintenance of trees within the corporate limits, whether the same be on private or public property, and to make such recommendations from time to time to the municipal governing body as to the desirable legislation concerning the tree program and activities for the municipality.
Provide regular quarterly and special meetings at which the subject of trees, insofar as it relates to the municipality, may be discussed by the members of the Commission, officers and personnel of the municipality and all others interested in the tree program. Meetings will be held only when tree business is necessary to be conducted. The Commission may solicit and accept grants and contributions. Funds obtained by the Commission in the form of grants and contributions shall be placed in a Memorial Tree Fund or special funds established by the municipality. Such funds will be deposited and administered as fund accounts of the municipality under the supervision of the Borough Treasurer.
Planting, maintenance or removal permits.
No person shall plant, remove, cut, or otherwise disturb any tree on any street or municipally owned property without first procuring a permit from the Shade Tree Commission. The person receiving the permit shall abide by the regulations therein adopted by the Shade Tree Commission and approved by Council.
Oral or written request for permits must be made at the office of the Borough Secretary or Shade Tree Commission not less than 48 hours in advance of the time the work is to be done except in case of emergency.
The Shade Tree Commission shall issue the permit provided for herein if, in its judgment, the proposed work is desirable and the proposed method and workmanship thereof are of satisfactory nature. Any permit granted shall contain a definite date of expiration and work shall be completed in the time allowed on the permit and in the manner as therein described.
There are three types of tree permits to be granted:
Planting permit granted orally after discussion with any Shade Tree Commissioner. The Commissioner will record personally the date, time, place and name of the requesting person and suitable tree.
Tree removal permit. This permit shall be issued by the Borough Secretary on recommendation of a Shade Tree Commissioner and shall contain the following: date issued; thirty-day limit on tree removal; after removal, thirty-day limit on cleanup of all debris, plus removal of the stump within 90 days of issue date. A suitable tree must then be planted to replace the one removed. This tree shall be 1 3/4 inches caliper and at least six feet tall and planted within one year of issued date of the permit.
Tree removal notice permit. This permit notice is issued by the Borough Secretary on recommendation of the Shade Tree Commission and shall contain the following: date issued; the location of the tree by address, size, type, and condition (such as hazardous, dead, dying, diseased); that the property owner of this tree shall remove same within 90 days, clean up in 30 days and remove the stump with six months. A suitable tree will be planted to replace the one removed. This tree shall be 1 3/4 inches caliper and at least six feet tall and be planted within one year of issued date of the permit.
A suitable tree shall be determined as such by the Shade Tree Commission according to site where it is to be planted. The type of tree may be small, medium, or large variety and may be selected by the property owner or the Shade Tree Committee from the accepted list (Section A).
Editor's Note: Said list is on file in the Borough offices.
Removal. Property owner has the responsibility to hire a trained and insured worker to remove or trim the tree in the tree lawn.
[Added 6-12-1995 by Ord. No. 3-1994]
Enforcement. The Borough Council shall, upon notification by the Tree Commission, have the power to promulgate and enforce rules, regulations and specifications concerning the trimming, spraying, removal, planting, and protection of trees, shrubs, vines, hedges, and other plants upon the right-of-way of any street, alley, sidewalk or other public place in the Borough.
Violations. Any person who violates any provision of this chapter or who fails to comply with any notice issued pursuant to provisions of this chapter, upon being found guilty of violation, shall be subject to a fine a fine for each separate offense of not more than $600, plus costs of prosecution, and, in default of payment of such fine and costs, to undergo imprisonment for not more than 30 days. Each day during which any violation of the provisions of this chapter occur or continue shall be a separate offense.
Penalties. Upon failure of any owner to comply with the terms of notices or permits received from the Tree Commission, 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 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.