[Ord. 582, 6/13/2016
When used in this Chapter 25, the following terms shall have the following meanings:
- HAZARD TREE
- Any tree on public or private property that poses an immediate danger to life or property, or any tree afflicted by a disease which threatens injury or destruction of other trees.
- HERITAGE TREE
- Any of the following:
- The legal and beneficial owner of land or the person or persons in possession of land. Where the legal and beneficial ownership of land is severed, the term shall include all persons holding legal and beneficial interests.
- A written permit or authorization issued by the representative of the East Lansdowne Borough Council.
- Any natural person, firm, association, partnership or corporation.
- PUBLIC AREA
- That area, including unpaved areas, cartway and sidewalk, within public right-of-way lines for streets, highways, alleys and public ways within the Borough of East Lansdowne, and also all property owned by the Borough of East Lansdowne.
- SHADE TREE
- Any tree, shrub or other woody plant in or upon any public area in the Borough of East Lansdowne or that part of any tree, shrub or other woody plant which extends within the lines of any public area in the Borough of East Lansdowne.
[Ord. 582, 6/13/2016]
The Borough shall have the right to plant, prune, maintain and remove shade trees, plants and shrubs in public areas, including, without limitation, within the rights-of-way lines of all streets, alleys, avenues, roads, lanes, squares and public property as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public grounds. Whenever the Borough 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. In addition, the owner of the property abutting the public right-of-way in which such work shall be done shall be provided with written notice by hand delivery or first-class U.S. Mail. The notice shall specify in detail the streets or portions upon which trees are proposed to be so planted, replanted, or removed.
Among other powers, the Borough shall have the power, as provided in Chapter 27 of the Pennsylvania Borough Code, to require a property owner to cut and remove from his or her property trees and shrubs afflicted with any disease or infestation which threatens to injure or destroy plants, shrubs and shade trees anywhere in the Borough.
The Borough may also require property owners to prune or remove any trees or shrubs which encroach upon or interfere with the safe use of a street or sidewalk or any dead or decaying tree or limb(s) which constitute a danger to the public or to private property in the vicinity.
Whenever the Borough shall exercise its right under this § 25-201 to affect shade trees located within rights-of-way lines but on privately owned property, the owner of said property shall be responsible for the costs of said activity, and, if the owner refuses to pay the costs, the Borough may cause the work to be done and may levy and collect such costs plus an administrative charge of 10% of such costs from such owner by the filing of a municipal lien or by an action in assumpsit as provided by law.
Notwithstanding anything contained herein to the contrary, the Borough may elect to bear the costs of the planting shade trees within rights-of-way lines but on privately owned property.
[Ord. 582, 6/13/2016]
Except in case of necessity for protection of life or property, it shall be a violation of this chapter for any person to do any of the following acts within a public area (including, without limitation, within rights-of-way lines) without first obtaining a permit from the Code Enforcement Department as herein provided and doing the same in conformance with said permit:
To cut down or otherwise remove any viable healthy shade tree.
To interfere with the root system of any shade tree.
To cut into, drive nails or spikes into, break, climb with spurs, or injure in any manner a shade tree.
To place any rope, guy wire, cable, sign, poster or other hardware or fixture on a shade tree.
To injure or misuse a shade street tree or to discharge or pour salt, saltwater, oil or other noxious liquids or materials on a shade tree or around its base.
To attach any electrical wire, insulator or any device for the holding of an electrical wire to any street tree.
It shall not be unlawful to do any of the following acts without a permit or approval of the Code Enforcement Department:
To prune shade trees to conform to the clearance requirements of this chapter, to prune shrubs within the public area and to cut or remove low-hanging or broken branches of trees which create or may create a public nuisance or danger.
To carry out normal repair, upkeep and minor pruning.
To prune or cut for the maintenance of public utility facilities.
Pruning methods will adhere to International Society of Arborists/American National Standards Institute A300 pruning standards. Copies of said regulations are available at Borough Hall.
It shall not be necessary for the Borough of East Lansdowne to obtain a permit to do any work on public areas owned in fee simple or rented by the Borough.
An application for a permit shall be made in writing to the Borough Code Enforcement Department on a form provided by the Borough. It shall specify:
The Code Enforcement Department shall review such application for a permit and shall grant or deny said application, and if granted it shall state in the permit the type or species of shade tree to be planted or removed, cut, trimmed or pruned and may set forth specifications for doing the same. It shall then be unlawful to plant, remove, cut, trim or prune any shade tree contrary to specifications set forth in the permit.
All work to be done under any permit shall be completed within a period of 60 days from the date of issuance of the permit, unless such completion date is extended by the Code Enforcement Department.
[Ord. 582, 6/13/2016]
No tree shall hereafter be planted in or upon the public streets, highways or avenues within five feet of any driveway, nor shall any tree on private property adjacent to the sidewalk be planted within three feet thereof. To maintain an adequate sight triangle for public safety, no tree shall be planted nearer to the intersection of any two or more streets than 25 feet from the point of intersection of any two public right-of-way lines, and a distance of 30 feet shall be maintained on streets which are state highways.
[Ord. 582, 6/13/2016]
The power of the Commission to enforce this chapter is delegated to the Code Enforcement Department of the Borough of East Lansdowne. The Code Enforcement Department may assess penalties of not more than $600 plus costs of prosecution and, in default of payment of such fine and costs, of imprisonment for a period not exceeding 30 days, for each and every violation of this chapter or any of the provisions of the Borough Code of the Commonwealth of Pennsylvania so far as it relates to shade trees. Each day that a violation continues shall be deemed a separate offense.