Planting or removing a public shade tree shall require permission of the Commission as follows:
A. 
Planting of a new public shade tree requires consultation with the Commission, which will assist in matters of species selection and location in the field.
B. 
Removal of a public shade tree requires a permit, preceded by a duly advertised public meeting following which the Commission shall grant or deny the request for tree removal by a majority vote of the Commission. Unless otherwise approved by the Commission, each tree removed must be replaced within one year of the date of its removal.
C. 
The cost of planting and removing public shade trees located along public rights-of-way shall be paid by the owner of the real estate abutting the public shade tree, as required by the Pennsylvania Borough Code.[1]
[1]
Editor's Note: See 8 Pa.C.S.A. § 101 et seq.
The notice for a public meeting to consider planting or removing public shade trees shall be published in a newspaper of general circulation once a week for two weeks immediately preceding the time of the meeting. The meeting notice shall specify the action proposed to be taken and shall specify the location of the trees proposed to be removed. The hearing shall be held no later than 60 days following receipt of the written request for removal of trees.
A permit shall be required to remove or prune any shade tree. However, no permit shall be required for pruning branches of two inch diameter or less to gain clearance for sidewalks or streets. Requests for permits should be directed to the Shade Tree Commission, with no fee therefor.
A public shade tree may be removed without a public hearing under an emergency. An emergency exists when a tree poses an immediate and specific threat or hazard to public safety, pedestrian or vehicular traffic, or property. An emergency removal must be agreed to by two members of the Commission, or if that number of the Commission is unavailable, one member of the Commission with the consent of the Chief of Police. When such a removal is authorized by the Commission, the Commission shall prepare a written report documenting the circumstances of and reasons for the emergency tree removal. That report shall be filed in the Borough office.
A. 
Location of shade trees. Public shade trees will be planted in the strip between the sidewalk and curb where these structures are present, but only in those locations where the strip is wide enough for the mature size of a tree. The location within the strip between the sidewalk and curb at which the shade tree may be planted shall be determined by the Commission. In the event that there is no sidewalk, public shade trees will be planted within the street right-of-way.
B. 
Spacing. Public shade trees shall be spaced at a distance appropriate for the mature size of the species. As a general guideline, small species will be spaced at an average distance of 20 feet apart, medium species at 30 feet, and large species at 40 feet. Spacing will be decided by tree species, site conditions, and public safety. No trees are to be planted within 20 feet of a street intersection. The exact locations for new trees will be decided by the Commission in the field and not solely by examining maps.
C. 
Species. An official list of approved trees shall be established by the Commission and shall be maintained in the Borough Office. Species selection is to be determined by the Commission. Species that attain a large size and form a canopy are always to be planted where there is sufficient space. Amendments to this list shall be made by the Commission as required at a duly advertised public meeting of the Commission. The Commission, from time to time, will determine the species to be planted on each new street as opened and upon existing streets not yet planted.
D. 
Planting size. All trees, planted as new or replacement trees, shall be not less than 2 1/2 inches in diameter, shall have a straight trunk, suitable branching, and shall be properly staked or supported, where necessary.
E. 
Utility notification. Prior to planting any tree, notification must be given to Pennsylvania One Call or its successor organization to avoid disturbing underground utilities. Similarly, the Borough's underground structures must be avoided by first confirming that no problems will be created by planting the tree in the proposed location.