[Ord. 429, 7/5/1988]
The purpose of this Part is to establish a Shade Tree Commission,
set up rules and regulations for the control of the shade trees in
the Borough, define permit fees, procedures and establish the penalties
thereof.
[Ord. 429, 7/5/1988]
The following words and phrases shall have the meaning hereby
ascribed to them except in those instances where the context already
indicates a different meaning.
The legal right-of-way as defined by Borough Ordinance which
consists of a cartway and two sidewalk areas.
The Shade Tree Commission of the Borough of Fountain Hill.
Any natural person, firms, associations, partnerships or
corporations.
The grass area which exists between the curb and sidewalk
on any Borough Street where applicable.
The act of cutting back, topping or removal of any part of
a shade tree which is two inches or greater in diameter.
Any tree, shrub or other woody plant within the right-of-way
of any public street in the Borough of Fountain Hill, or that part
of any tree, shrub or other woody plant which extends within the lines
of any public street.
[Ord. 429, 7/5/1988]
1.Â
The Commission shall be composed of three residents of the Borough
of Fountain Hill appointed by the Mayor with the consent of Borough
Council shall serve without compensation. Of the initial Commission
appointed by the Mayor, one member shall be appointed for a term of
three years; one for a term of four years; and one for a term of five
years. Vacancies in the office of Commissioner before the expiration
of a designated term may be filled by the Mayor for the unexpired
term. Ex-officio members of the Shade Tree Commission shall be the
Mayor, the Executive Secretary and one member of Borough Council to
be designated by the President of Council.
2.Â
Organization of the Board — The Commission shall elect from
its own membership a chairman who shall serve an annual term and who
may succeed himself. For the conduct of any meeting and the taking
of any action, a quorum shall not be less than a majority of the voting
members of the Commission. The ex-officio members shall not have a
vote in Shade Tree Commission issues. The Commission shall keep full
records of its business.
[Ord. 429, 7/5/1988]
The Commission shall have exclusive custody and control of the
shade trees in the Borough, and is authorized to plant, remove and
protect shade trees on the public highways of the Borough. It may
employ and pay such superintendents, engineers, foresters, tree surgeons,
or other assistants as the proper performance of the duties developing
upon it shall require, and may make, publish and enforce regulations
for the care and protection of the shade trees of the Borough. It
may also make, publish and enforce regulations for the prohibition,
trimming or removal of any shade tree which may constitute an obstruction
or nuisance upon the highways of the Borough. No such regulations
shall be in force until they have been approved by the Council and
until they have been published at least once in not more than two
newspapers of the general circulation published in the Borough, and
if no newspapers are published in the Borough then in such newspapers
circulating the Borough.
[Ord. 429, 7/5/1988]
The Commission shall annually report to the Mayor its transactions
for the last fiscal year of the Borough.
[Ord. 429, 7/5/1988]
Any person who wishes to prune or remove any shade tree in the
planting strip shall make application to the Borough Secretary of
the Borough of Fountain Hill, who shall refer the request to the Shade
Tree Commission. The Commission or its subordinate shall make a final
determination within a reasonable time whether such a request is appropriate
and notify the owner accordingly of their findings.
[Ord. 429, 7/5/1988]
After receiving approval from the Shade Tree Commission, the
persons shall secure a permit from the Borough Secretary. This permit
shall describe the work to be done, the location of the property and
the type and size of the tree involved. The permit fee shall be $5
per tree pruned and/or removed.
[Ord. 429, 7/5/1988]
No person shall plant, cut down or remove any shade trees under
the jurisdiction of the Shade Tree Commission, or fasten any sign,
wire, rope or other materials to, around or through any such shade
tree, or deposit, place, store or maintain any stone, brick, sand,
concrete or other material which may imped the free passage of water,
air or fertilizer to the roots of any such shade tree, unless he shall
first obtain permission from the Shade Tree Commission to do so. Exception:
newly planted trees may be guyed to provide stability during the first
growing season.
[Ord. 429, 7/5/1988]
In the event of a shade tree being damaged, the Shade Tree Commission
may make a charge for repairs to the tree, plus the devaluation of
the tree against the person causing the damage to the said tree. In
the event of a shade tree being destroyed by any person, the Shade
Tree Commission may make a charge for the appraised value of the tree,
plus the cost of removal and replacement thereof, against the person
causing the destruction of said tree.
[Ord. 429, 7/5/1988]
Any shade tree which is proposed to be planted in the planting
strip shall be chosen from the official planting tree list, which
is kept on file at Borough Hall.
[Ord. 429, 7/5/1988]
The owner of the property shall trim branches from any shade
trees overhanging the streets and highways of the Borough so that
they will not obstruct the light from any street light, and so that
there shall be a clear height of 14 feet above the surface of the
street and 10 feet over the sidewalk. If any property owner shall
neglect or refuse to trim any shade tree as required by this Section,
upon notice in writing by the Commission within the time limits specified
in such notice, the Commission may cause such trimming to be done
at the expense of the owner.
[Ord. 429, 7/5/1988]
When any tree along the streets or highways of the Borough or
growing on private property but overhanging any street or highway,
in the opinion of the Commission, endeavors the life, health, safety
or property of the public, or is affected by any contagious disease
or insect infestation, it shall be within the discretion of the Commission
to determine what remedy is necessary and whether or not such tree
must be removed. The owner of the property shall be notified in writing
of the existence of the danger, disease or insert infestation and
shall be given resonable time for removal of the same. If a dangerous,
diseased or infested tree is not removed or corrected within the allotted
time by the property owner, the Commission shall cause the matter
to be corrected or the tree removed, and the costs thereof shall be
assessed to the owner of the property.
[Ord. 429, 7/5/1988]
No shade tree shall be planted on any street or highway of the
Borough where curbs have not be constructed. Where no curb exists,
footage should be specified stating footage behind proposed curbline
where trees may be planted. In no case shall this distance be less
than 12 feet. The location of the proposed curbline shall be determined
solely by the Borough's designated Engineer. Further, no trees
shall be planted, either new or by replacement of an existing tree,
in the grass area between the curb and sidewalk.
[Ord. 429, 7/5/1988]
Any person violating any provisions of this Part shall, upon
conviction thereof in a summary proceeding, be sentenced to pay a
fine of not more than $300 for each and every offense, to be collected
as other fines and costs are by law collectible or shall be imprisoned
for not more than one day for each $10 of unpaid balance of the fine
and costs. Each day during which any person violates any provisions
of this Part shall constitute a separate offense.
[Ord. 429, 7/5/1988]
List of trees approved and recommended by the Fountain Hill
Shade Commission: List is kept on file in the Office of the Borough
Secretary.
