[HISTORY: Adopted by the Shade Tree Commission of the Borough of Hanover 1-28-1966 and approved by the Borough 2-2-1966;[1] amended 10-31-1968 by Ord. No. 1411. Additional amendments noted where applicable.]
GENERAL REFERENCES
Shade Tree Commission — See Ch. 92.
Parks and other public areas — See Ch. 259.
[1]
Editor's Note: On 3-16-1966, the Borough of Hanover adopted the following resolution: "Whereas, the Borough of Hanover has established a Shade Tree Commission for the Borough of Hanover by Ordinance No. 1293, enacted November 17, 1965, and Whereas, the Shade Tree Commission has adopted regulations, approved by the Borough of Hanover January 28, 1966, which provide for the issuance of permits by said Commission; Now, therefore be it resolved, that the permit fee of the Shade Tree Commission is hereby established at $1, which fee shall be paid by applicants at the time of submitting their application for a said permit."
The following words and phrases, when used in this chapter, shall have the meanings hereby ascribed to them, except in those instances where the context clearly indicates a different meaning:
PERMIT
Any permit in writing as issued by the Shade Tree Commission.
PERSON
Any natural person, firm, association, partnership or corporation.
SHADE TREE
Any tree, shrub or other woody plant within the right-of-way lines of the public streets and highways in the Borough of Hanover.
The application for any permit required hereunder shall be made, in writing, to the office of the Borough Secretary upon forms furnished by him and shall specify the particular kind of work or operation the applicant desires to perform thereunder and shall state the exact location and species of any tree or trees affected. It shall be the duty of the Tree Warden to promptly approve or disapprove all routine trimming and pruning of shade trees. All other matters shall be submitted to the Shade Tree Commission for approval or disapproval. The permit shall be effective for such length of time as the Shade Tree Commission shall in each case determine, which shall be indicated on the permit, and such permit may be revoked at any time at the direction of the Shade Tree Commission upon proof satisfactory to the Shade Tree Commission that the terms and conditions upon which the permit has been issued are or have been violated.
[Amended 12-6-1989 by Ord. No. 1862]
A. 
All shade trees shall be kept trimmed so that the minimum height where they overhang any public walk shall be seven feet, and over streets, 14 feet. However, the Shade Tree Commission reserves the right to designate higher or lower clearances in instances where conditions make it appropriate and expedient. All trees standing on private property and having branches extending over sidewalks and thoroughfares shall be kept trimmed by the owner of such property within the above limits, unless otherwise specified by the Shade Tree Commission. The owner of the aforementioned trees may trim or remove said trees himself or herself without a permit, but if a contractor is used, the contractor shall obtain a permit and provide a certificate of insurance concerning public liability. In case the owner of such property shall refuse or neglect to trim such trees upon being notified in writing by the Shade Tree Commission to do so and within the time specified by such notice, the Shade Tree Commission may, after the expiration of the date specified in such notice, cause such trimming to be done at the expense of the owner, and the entire cost thereof, if unpaid, shall be filed and collected by the Borough in the same manner as municipal claims are filed and collected.
B. 
The intent of all tree trimming shall be to maintain the most natural shape and promote the optimum health of the shade trees. Trimming shall be permitted by the Shade Tree Commission for the following purposes:
(1) 
To obtain clearance around utility wires.
(2) 
To obtain or maintain clearance from buildings.
(3) 
To remove dead wood.
(4) 
To maintain a manageable height.
C. 
Trimming shall not be permitted only for topping or decorative shaping of trees.
No person shall, without first obtaining a permit, place or hereafter maintain any stone, cement or other substance which shall impede the passage of water and air to the roots of any shade tree, unless such person shall leave an open space of ground surrounding the trunk of the tree, such space to be not less than four feet square; exception to the foregoing may be granted by the Shade Tree Commission where appropriate or expedient.
No person shall plant any shade tree within the right-of-way lines of the public streets and highways of the Borough of Hanover until a permit is granted by the Shade Tree Commission, and such permit shall designate where such tree is to be planted. The Shade Tree Commission may refuse a permit to plant any species of tree which, in its opinion, is not suited to the location.
[Amended 5-17-1995 by Ord. No. 1976]
In connection with any building operation or street work anywhere in the vicinity of any shade trees, before such work shall be commenced, guards may be approved for placement in all shade trees which may be subject to the hazards of such work so as to effectively prevent injury to the tree and to the worker in the tree. However, tree guards are not to be placed in shade trees as a substitute for proper trimming or removal of shade trees which the Shade Tree Commission may order from time to time. The long-term use of tree guards or utility lines through shade trees as a substitute for trimming or tree removal is prohibited.
A. 
Every person having any wire or wires running through a public highway shall securely fasten such wire or wires so they shall not come in contact with any tree so as to injure the same due to slack or loose condition. When public utility lines and tree branches are in conflict with each other, threatening damage to either or both, the utility company shall cause such judicious pruning or trimming as to relieve or prevent such conditions. The methods, nature and extent of such work shall be in keeping with directives issued by the Shade Tree Commission governing such work and shall be intended to preserve the health, natural beauty and symmetry of trees so involved. Due regard shall be given to the protection of utility wires, and especially the safety of the men doing such work. Written directives of the Shade Tree Commission shall be interpreted by the Tree Warden, who may inspect or supervise such work as described above.
B. 
All conifers and evergreen trees shall be pruned below and aside of electrical conductors, whereby the tip or terminal leader or lenders are within 10 feet of an electrical conductor, to a pyramidal shape, provided that no drop crotch cutting is required to do so. On older trees where center growth trimming is required, side branches shall be trimmed so as to give trees a more natural shape. All pruning cuts shall be made to lateral branches. These natural or lateral cuts shall be made on an angle beyond the raised bark ridge so that a slight angular stub remains. No drop crotch cuts will be allowed.
[Added 12-6-1989 by Ord. No. 1862]
Whenever, in order to take down or prune any shade tree in the custody of the Shade Tree Commission, it shall be deemed necessary to remove any wire or wires, every person having such wire or wires running through the work area shall temporarily remove the same or cut off the flow of current therefrom within 24 hours after service of written notice from the Shade Tree Commission to do so.
[Amended 3-28-2007 by Ord. No. 2119]
Any person who inflicts damage upon a shade tree under the custody of the Shade Tree Commission, either willfully, carelessly or accidentally, shall be liable for costs of professional care in treatment of tree wounds. If the tree shall die within one growing season, in the opinion of a professional expert, as a direct result of such damage, or if the damaged tree shall be rendered unsuitable as Borough property and condemned by the Shade Tree Commission, then the person responsible shall pay all costs of removal of said tree and its stump and the costs of replacing it with a young tree of approved specifications. Such work shall be performed by or contracted for by the Borough, and the costs assessed to the responsible person. If the damage described above shall be legally judged as deliberate, then the responsible person shall be also liable to a fine not to exceed $1,000, if found guilty as a result of information properly filed.
Any person wishing to appeal a decision of the Tree Warden or of the Shade Tree Commission may appeal in writing to the Shade Tree Commission Board of Appeals. The Board of Appeals of the Shade Tree Commission shall be appointed by the Borough Council and shall consist of one member of the Council, who shall act as Chairman, one member of the Planning Commission and one member of the Shade Tree Commission. If the decision of the Board of Appeals is not unanimous, the question shall be referred to Borough Council, whose decision shall be final.
[Amended 5-18-1988 by Ord. No. 1844]
Any person who shall violate or fail to comply with any of the regulations of the Shade Tree Commission shall be liable, on conviction thereof, to a fine or penalty as provided for in Chapter 1, Article I, General Penalty, as amended, for each and every offense, plus costs of damage to or replacement of shade trees, where appropriate; and whenever such person shall have been notified by the Shade Tree Commission or service of summons in prosecution, or in any other way, that he is committing such violation, each day in which he shall continue in such violation after any such notification shall constitute a separate offense, punishable by like fine or penalty. Such fines or penalty shall be collected as prescribed by law.
The foregoing regulations of the Shade Tree Commission of Hanover Borough shall become effective 10 days after publication hereof as prescribed by law.