[HISTORY: Adopted by the City Council of the City of Warren
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 410.
[Adopted 8-12-1996 by Ord. No. 1606 (Ch. 25, Part 1A, of
the 1997 Code of Ordinances); amended 12-19-2022 by Ord. No. 1971]
This article may be referred to as the "Street Landscape Ordinance
of the City of Warren."
As used in this article, the following terms shall have the
meanings indicated:
A tree in a public park in the City or on City-owned property.
An arborist/horticulturist of the City of Warren to be appointed
by Council.
Contiguous land under one ownership.
Any individual, partnership, company, association, corporation
or other group or entity which engages in the cutting, topping, trimming,
pruning or any other activity which cuts into trees or roots of trees
on real property on which the person is neither owner nor acting on
behalf of the owner.
A tree on private land not within City streets.
Trees within City streets (an area, all or a portion of which
is within the right-of-way of a street officially platted as a City
street).
Such injury and damage which endangers the continued life
of any tree.
The ordinances, resolutions, rules and regulations adopted
by the City Council and relating to trees within City streets.
The cutting back of limbs to stubs larger than three inches
in diameter within the tree's crown to such a degree as to substantially
remove the natural canopy.
A woody plant with one or more main trunks which generally
reach 20 feet or more in height at maturity.
The area of tree planting within City streets.
Any area within the right-of-way of a street officially accepted
and opened as a City street.
It shall be unlawful for any person to conduct any of the following
activities in the City's right-of-way or within City streets, without
a permit issued by the City pursuant to and in accordance with the
Street Tree Management Plan:
A.
To cut down, top, prune, or cause to be cut down, topped or pruned,
any tree within City streets, except trimming of low branches that
interfere with the use of the street or sidewalk.
B.
To plant or cause to be planted any tree within City streets.
C.
To trim any tree within City streets when the trimming activity is
performed by or on behalf of a utility company on two or more parcels
of land as one work project.
D.
To fasten externally ropes, wires, cables, electric attachments,
signs or other devices to a tree within City streets.
E.
To cut or disturb roots, to obstruct free access of air and water
to roots, excluding sidewalk replacement, or to undertake demolition
or construction work without protecting or guarding nearby trees,
where such activity is likely to cause substantial injury or destruction
of a tree within City streets, as determined by the Community Forester.
A.
To obtain any permit to conduct any activities governed by this article,
a written application, together with such fee as may be established
from time to time by resolution of City Council, shall be submitted
to the City. The application shall contain the following information:
(1)
Name, address and phone number of the applicant.
(2)
Location and description of property on which the activity requiring
a permit is to occur.
(3)
A description of activity to be undertaken and requiring a permit,
including a description of trees affected; their location with respect
to streets, property lines, sidewalks and structures; persons doing
the work; and any other information requested by the City and reasonably
necessary to determine whether a permit should be issued. Time frame,
duration of work, traffic control plan and season of year must be
included.
(4)
For all persons engaged in tree topping, cutting, pruning and removal
activities for a fee or as a business, the applicant shall be required
to demonstrate possession of liability insurance covering the activities
involved in minimum amounts of $500,000 per occurrence and $1,000,000
aggregate for bodily injury, death and property damage.
(5)
Applications for permits for multiple tree trimming by utilities
must describe the area of the work project.
(6)
Applicant must certify that he has notified all utilities which may
be affected by the activity.
B.
A permit shall be issued only after the Community Forester determines
that the planting, pruning or cutting down of a tree, or other matter
or activity involving a tree or trees within a City street, will be
performed in accordance with the street tree management plan.
C.
No permit shall be issued by the City except upon the direction of
the Community Forester.
D.
A permit shall not be required for an activity conducted because
of an emergency threatening individuals or property. Within 30 days
following such activity, the person conducting the activity shall
file with the City a report identifying the location and description
of trees topped, cut, pruned or removed.
A.
It shall be the obligation of the owner of property on which there
is a tree within a City street to:
(1)
Trim and prune such trees within City streets so that no part of
its limbs, branches or foliage shall have a clearance of less than
eight feet above the surface of the sidewalk or of less than 14 feet
above the surface of the roadway, street or alley. Tree trimmings
shall be properly removed and disposed.
(2)
Trim and remove dead, diseased, broken and decayed limbs and branches
from trees within City streets which constitute a risk to sidewalk
pedestrians, street traffic or to the public generally.
(3)
Remove from within City streets all dead, diseased or other such
trees, including stumps, which constitute a risk to the public by
reason of disease or other dangerous condition.
B.
All activities required by this section shall be conducted in accordance
with the requirements of this article and pursuant to a permit, if
applicable.
A.
Tree care within City streets and within City rights-of-way.
(1)
The City shall have the right, but not the duty, to plant trees within
City streets to preserve and to enhance the symmetry of the City streets.
(2)
The City shall have the right, but not the duty, to trim, maintain
and remove trees within City streets which may be dead, diseased or
in an unsafe condition or which may interfere with or cause harm to
sewers, waterlines and other public utilities, or to public improvements;
which may pose a high risk to traffic or pedestrians; which may interfere
with traffic control devices or streetlights; which have been damaged
by storm or other occurrence; or which in any other manner may pose
a threat to the public health or safety.
(3)
The City shall have the right, but not the duty, to treat or arrange
for treatment of trees within City streets by spray, injection or
other appropriate means to protect them from imminent infestation.
(4)
The City shall make reasonable efforts to provide the owner of adjacent
property with notice of its planned action with respect to trees within
City streets and to obtain consents to proposed actions by such owner.
(5)
In the event the City engages in maintenance activities under this section with respect to trees within City streets the property owner shall not be liable for the costs incurred with respect to any tree not planted by the City unless enforcement proceedings have previously been instituted by the City under § 431-9 of this article with respect to a violation hereof.
(6)
The City has the right to obtain permission from property owners
to plant trees on private land along streets with nonexistent or too
narrow a space for tree-zone planting. Such trees shall be under the
same regulations as other trees planted within City streets.
B.
The City shall, with the cooperation of the Parks, Recreation, and
Landscape Commission, manage a continuous inventory of trees within
City streets or City rights-of-way, develop and establish regulations
for the various classifications of trees, including the goal of specifying
mature tree size in keeping with the architecture of an area and the
planting, maintenance, protection, and removal of trees within City
streets.
[Amended 12-19-2022 by Ord. No. 1971]
[1]
Editor's Note: Former §§ 431-7 and 431-8 were
repealed 12-19-2022 by Ord. No. 1971.
A.
When used within this section, the word "person" shall include the
owner of subject land and those acting on behalf of the owner.
B.
Any person who shall violate or fail to comply with the provisions of this article and regulations established hereunder (Article II of this chapter) shall be served with a written order issued by the City requiring such action as appropriate to correct the violation.
C.
The orders shall require correction of the violation within a period
of not more than 30 days, except that, in the case of emergency involving
imminent risk to public health or safety, the orders will require
appropriate and immediate correction.
D.
Any person who is aggrieved by any order issued pursuant to this
section may appeal the order to a board consisting of the Director
of Public Works, the Community Forester and the Chairperson of the
Parks, Recreation, and Landscape Commission by filing a written notice
of appeal with the Office of the City Manager within 10 days of the
date of the subject order or notice, and said Board shall then conduct
a hearing in accordance with the Pennsylvania Local Agency Law to
determine whether the order was properly issued and whether the appellant
is entitled to relief from the order. The Board shall respond within
45 days.
[Amended 12-19-2022 by Ord. No. 1971]
E.
In the event a person fails or refuses to comply with any order of
the City which is not subject to continuing appeal as provided by
this article or by general law or otherwise fails to correct any prohibited
condition or to cease any continuing violation, then the City may
take one or more of the following actions:
(1)
Revoke any permit issued pursuant to the provisions of this article.
(2)
Correct or remedy the subject condition or violation at the cost of the property owner or other person responsible for the violation or subject condition. This cost, together with an administrative fee, shall be paid by the property owner or other person responsible for the violation or for failing to take any action required. Property owners and other persons responsible for the violation shall be jointly and severally liable for compliance with the provisions of this article and regulations (Article II) issued hereunder and for the payment of any and all sums which may be due to the City.
(3)
Should any property owner or other person responsible for the violation
fail to pay the cost of any corrective action together with the administrative
fee authorized herein, such costs may be assessed against the subject
premises and the owners thereof and collected as a municipal lien
or collected otherwise as permitted by law.
(4)
Institute a summary proceeding before the Magisterial District Judge for imposition of a penalty as provided for under Subsection F below.
(5)
Proceed with an action as permitted by law for any other appropriate
relief at law or in equity.
F.
Penalty. Any person, firm or corporation who shall violate any provision
of this article shall, upon conviction thereof, be sentenced to pay
a fine not to exceed $600 plus costs and, in default of payment of
said fine and costs, to imprisonment for a term not to exceed 30 days.
Each day that a violation of this article continues shall constitute
a separate offense.
[Adopted 8-12-1996 by Res. No. 2399 (Ch. 25, Part 1B, of
the 1997 Code of Ordinances)]
[Amended 12-8-1997 by Ord. No. 1622]
A.
All persons performing activities under this chapter and relating
to the planting, cutting down, pruning or trimming of trees within
City streets and applying chemicals or devices to trees within City
streets and affecting the health of trees within City streets shall
comply with these standards and specifications where applicable.
B.
All persons receiving permits shall conduct the work in accordance
with known and accepted arboricultural methods as are generally followed
to protect the vitality of such trees, and they shall act in accordance
with all relevant ordinances and resolutions of the City of Warren.
C.
Fees shall be paid to the City for issuance of permits in amounts
as established from time to time by resolution of City Council.
A.
Specific requirements pertaining to pruning trees.
(1)
Authority to prune or trim trees within City streets shall not include
the cutting back of sound, healthy tree branches outside the stated
purpose of the permit issued.
(2)
Tree branches shall be removed and controlled in such a manner as
not to cause damage to other parts of the tree or to other plants,
people or property.
B.
Standards of workmanship for pruning and removal.
(1)
The use of climbing spurs or spikes shall be permitted only in the
process of removing a tree.
(2)
Right-of-way trees or poles in the right-of-way shall not be used
as an anchor for any mechanical device.
(3)
Under no circumstances, when removing a tree or any part of a tree,
shall the work site be left unattended unless the tree and its branches
are in a safe condition.
(4)
Unless tree work is totally barricaded or otherwise kept safe while
pruning or removing trees, at least one responsible worker shall remain
upon the ground to coordinate safe operating procedures at all times
during operations.
(5)
No severed or partially cut branches shall remain in the upper portion
of any tree being worked on after the workers leave the site.
(6)
Whenever large tree sections are being cut which may endanger persons
or property, such materials shall be secured by ropes and lowered
safely in a controlled manner.
(7)
Cleanup of branches, logs or any other debris resulting from tree
pruning or removal shall be prompt and thorough. The work area shall
be kept safe at all times during cleanup. Under no condition shall
the accumulation of brush, branches, logs or other debris be allowed
upon areas used by the public in such a manner as to result in a public
risk.
(8)
Upon removal of right-of-way trees, the remaining stumps shall be
removed or ground to a minimum of six inches below surrounding ground
level.
(9)
Excavations resulting from tree or shrub removal must be properly
filled to conform to the surrounding ground level with a clean earth
fill lightly compacted and/or stump grindings.
The following specifications pertain to the spray application,
soil application or injection of fertilizers, pesticides or growth
inhibitors to the aboveground portions of trees or roots:
A.
General specifications.
(1)
Applicators applying chemical pesticides to right-of-way trees shall
adhere to all federal and state laws pertaining to pesticides and
their application.
(2)
Application of restricted use material shall be made by a person
with a current pesticide license.
(3)
The pesticide applicator shall know and understand the capacities
and safety precautions of those materials used by either himself or
his employees and be aware of those recommendations stipulated by
the manufacturer.
(4)
Ineffectual control, damage, injury or death to plants or adverse
effects on animals or persons resulting from the use of materials
beyond the limitations of the manufacturer's guarantee shall be considered
the responsibility of the licensed operator and his employer.
(5)
Operators shall properly dispose of excess chemicals, including rinse
water, in accordance with federal and state laws. Washing out or draining
tanks and equipment into public sewers and gutters is prohibited.
(6)
No spray application shall be carried out when there is sufficient
wind to make pesticide control ineffectual or create an over-spray
risk to persons, plants or property.
(7)
No spraying of pesticides shall be done when air temperature is less
than 40° F.
(8)
Adequate precautions shall be taken in all phases of chemical preparation
and application in order to minimize the chances of toxicity or phytotoxicity
to nontarget species.
B.
Specific requirements pertaining to tree injection.
(1)
Authorization by the Community Forester or a designee must be given
prior to any injection of chemicals into right-of-way trees.
(2)
A record of trees injected shall be kept and turned into the Community
Forester upon completion of work. The record shall include date, time
of day, location, operator, chemicals used, size, species of tree,
amount of chemical used and any other pertinent information.
[Amended 6-24-2019 by Ord. No. 1921]
A.
Plant material.
(1)
(Reserved)
(2)
The Community Forester or a designee shall be notified and have the
right to inspect any trees before or after they are planted.
(3)
A tree list shall be maintained by the City categorizing small, medium
and large appropriate varieties as selected and approved by the Community
Forester in consultation with the Department of Public Works.
B.
Planting methods and techniques.
(2)
Trees may not be planted in violation of current City standards for
distances from street intersections, fire hydrants, driveways or utility
poles. Actual tree locations shall be approved by the Community Forester
or his designee.
(3)
It is prohibited to plant or cause to be planted any tree less than
the following distances from curbs, sidewalks, underground water,
sewer or other utility facility, and overhead utility wire, cable
or similar utility facility, except that, in some cases, the Community
Forester may approve the planting of smaller tree species in treelawns
less than four feet wide.
|
Curbs and sidewalks
|
Small trees — 2 feet
Medium trees — 3 feet
Large trees — 4 feet
| |
|---|---|---|
|
Underground water, sewer or other utility facility
|
Medium trees — 8 feet
Large trees — 10 feet
| |
|
Overhead utility cable, cable, wire or similar utility facility
|
Medium trees — 10 feet
Large trees — 10 feet
|
(4)
The spacing of right-of-way trees shall be as follows: small trees,
25 feet; medium trees, 30 feet; large trees, 40 feet; except in special
plantings designed by a landscape architect and approved by the Community
Forester.
The following specifications are intended to prevent unnecessary
damage and destruction to trees:
A.
General specifications.
(1)
Authorization must be given by the Community Forester or a designee
before any of the following is performed:
(2)
All site or landscape plans involving public property shall show
all existing trees. Trees proposed to be saved and removed shall be
indicated. Every possible effort shall be made to preserve desirable
trees.
(3)
During new construction, existing trees to be saved shall be marked
with prominent identification. Protective devices shall be placed
around all "save" trees as soon as possible. Acceptable protective
devices include, but are not limited to, standard snow fencing attached
to metal posts, wire or string with flagging attached to wooden or
metal post set securely in the ground or board fencing.
(4)
Heavy equipment shall not be allowed to travel over the root zone
of existing trees unless landscape fabric and wood chips or boards
in small areas are used to avoid compaction of the soil and damage
to the tree's roots.
(5)
Curb cuts shall not be closer than five feet from the trunk of a
tree. No paving or asphalt, other than replacement, shall be installed
closer than two feet from a tree trunk.
(6)
New sidewalks, paving or asphalt, other than street cartway, must
allow space for tree roots that is permeable to air and water. The
following should be used as a guideline. For trees up to four inches
in trunk caliper, 25 square feet of porous area is needed. For each
additional two inches of tree caliper, 10 more square feet are needed.
(7)
Changes to finished grade elevations within the dripline of a tree
to be saved shall be avoided whenever possible. If proposed final
grade changes from existing grade are absolutely necessary within
the dripline of "save" trees, tree wells or walls shall be used.
(8)
If trees are in full leaf during the construction phase, it may be
necessary to supply supplemental irrigation. The Community Forester
shall notify the permittee when irrigation is required.
B.
Specific requirements pertaining to protection of trees.
(1)
Permits granted for street openings and curb cuts include notice of the requirements of the Street Landscape Ordinance (Article I of this chapter).
(2)
When an underground project encounters the roots of a tree within
City streets, modification of the project under or around the tree
roots may be required as reasonably necessary to protect the health
and survivability of the tree.
(3)
When in the process of excavating within the dripline of a tree within
City streets roots larger than two inches are encountered, the Community
Forester or his designee shall be contacted. All roots shall be cleanly
pruned on the tree side of the excavation. Backfilling shall be done
as soon as possible to prevent the drying of exposed roots.
(4)
Installation of curbs and sidewalks shall be completed in a manner
as may reasonably protect the health and survivability of trees and
tree roots. Clean cuts shall be made in every case.
(a)
Sidewalks. Roots less than two inches in diameter of trees within
City streets may be cleanly pruned on the tree side of the excavation
without notifying the Community Forester. Notification of the Community
Forester is required to prune roots larger than two inches in diameter.
Sidewalk cutouts are permitted to clear trees or large roots while
maintaining a minimum four- or five-foot-wide sidewalk, as the case
may be.
