[HISTORY: Adopted by the Borough Council of the Borough of
Dormont 12-27-1977 by Ord. No. 1244 (Ch. 190, §§ 190-9
to 190-35, of the 1994 Code). Amendments noted where applicable.]
Whenever the Shade Tree Commission proposes to plant, transplant
or remove shade trees on any street or highway, 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.
The notice shall specify in detail the streets or highways of portions
upon which trees are proposed to be so planted, transplanted or removed.
A.
The cost of planting, transplanting or removing any shade trees in
and along the streets and highways in the Borough, of the necessary
and suitable guards, curbing or grading for the protection thereof
and of the replacing of any pavement or sidewalk necessarily disturbed
in the execution of such work shall be paid by the owner of the real
estate abutting the work which is done.
B.
The amount each owner is to pay shall be ascertained and certified
by the Shade Tree Commission to the Council and to the Borough Treasurer.
A.
Upon the filing of the certificate with the Council, the Borough
Manager shall cause 30 days' written notice to be given to every person
against whose property an assessment has been made. The notice shall
state the amount of the assessment and the time and place of payment
and shall be accompanied with a copy of the certificate.
B.
The amount assessed against the real estate shall be a lien from
the time of the filing of the certificate with the Council, and if
not paid within the time designated in the notice, a claim may be
filed and collected by the Borough Solicitor in the same manner as
municipal claims are filed and collected.
A.
The costs and expenses of caring for such trees after having been
planted and the expense of publishing the notice hereinbefore provided
for shall be paid by the Borough.
B.
The needed amount shall each year be certified by the Shade Tree
Commission to the Council and shall be drawn against, as required
by the Shade Tree Commission, in the same manner as money appropriated
for Borough purposes.
[Amended 7-5-2011 by Ord. No. 1586]
It shall be unlawful for any person to hinder, obstruct or otherwise
interfere with the planting, removing, protecting, pruning and otherwise
maintaining of shade trees on any street or highway or in the Public
Park District. Such hindering, obstructing or otherwise interfering
with the planting, removing, protecting, pruning and otherwise maintaining
of such shade trees as aforesaid shall be and is hereby declared detrimental
to the general welfare and good order of the community and shall constitute
disorderly conduct.
As used in this chapter, the following terms shall have the
meanings indicated:
Includes a public utility, firm, partnership, association
of persons, corporation or any other group acting as a unit. Words
importing the masculine gender shall include the feminine and neuter.
It shall be the policy of the Shade Tree Commission to cooperate
with the public and property owners insofar as possible at all times,
and no planting or removal of any trees of a public nature shall be
undertaken without notifying the property owner or owners in advance.
This shall not include such minor items of work as pruning, bracing,
bolting or spraying, which may be of a seasonal nature or which may
be done by reason of immediate danger to the safety of the public
or for proper protection of the trees.
[Amended 7-5-2011 by Ord. No. 1586]
No person shall, without a permit duly issued by the Manager
of the Borough, plant, prune, bolt, spray, brace or paint or remove
any tree from any street or highway or in the Public Park District.
No person shall interfere with the main roots of any tree in any way,
place or affix any poster or any other fixture on any tree or tree
guard, remove any device placed to protect the same, or park an automobile
or pile harsh or heavy materials against or hang anything from any
tree on any street or highway or in the Public Park District.
No person (unless otherwise directed by the Shade Tree Commission)
shall place or hereafter maintain upon the ground on any street or
highway any stone, concrete, brick, bituminous paving, gravel or any
other substance which might impede the free passage of air and water
to the roots of any tree without leaving a clear space surrounding
the trunk of the tree as noted in the regulations of the Shade Tree
Commission as adopted by the Borough.
Any person or his or her agent in charge of the erection, repair
or demolition of any structure or the excavation for the same where
trees on any street or highway might be affected shall not proceed
with said work until he or she has placed adequate guards around all
trees that may be so affected. He or she also shall proceed with caution
during any excavation so as to not destroy or remove any of the large
root system and minimally disturb the smaller and feeder roots.
[Amended 7-5-2011 by Ord. No. 1586]
Any person or his or her agent who shall injure in any manner any living tree on any street or highway or in the Public Park District shall be liable for damages and penalties as set forth in § 190-27 of this chapter.
No person or his or her agent shall maintain any trees overhanging
the traveled or used portion of any street or highway unless the same
shall have an adequate clearance, wet or dry, to permit pedestrian
and/or vehicular traffic. The Shade Tree Commission shall have the
right to designate from time to time what shall constitute an adequate
clearance for public safety or convenience.
[Amended 8-1-1994 by Ord. No. 1433]
The Mayor or the Borough Manager, when authorized by the Council, may, upon receipt of complaint from the Shade Tree Commission, require of any owner or occupier of property having any shade trees within or overhanging the limits of any street or highway to prune the same so as to abate the actual or threatened nuisance or dangerous condition, and on failure of the property owner or owners or occupiers to do so after five days' written notice, the Mayor or Borough Manager may cause the same to be done, the cost thereof to be collected as set forth in § 190-27 of this chapter.
[Amended 7-5-2011 by Ord. No. 1586]
Only such trees shall be removed from a street or highway or
in the Public Park District as shall be considered by the Shade Tree
Commission to constitute a definite hazard to life or property, a
public nuisance or a definite threat to the uninterrupted service
of the public utilities within the Borough or because of a change
or revision in the planting plans for the Borough trees.
[Amended 7-5-2011 by Ord. No. 1586]
Only such trees shall be planted on any street or highway or
in the Public Park District as shall meet with the approval of the
Shade Tree Commission from the standpoints of good appearance, longevity,
freedom from insect and other diseases or trees of exceptional value
in particular locations within the Borough. Where entire street blocks
are to be planted, only one species shall be planted in any one given
block, unless the Shade Tree Commission shall have reason to grant
a variance from this rule. No Carolina poplars, willows or catalpas
shall be planted on any street or highway.
[Amended 7-5-2011 by Ord. No. 1586]
A.
All trees to be planted on any street or highway or in the Public
Park District shall not be less than two inches in diameter, six inches
above the ground, and at least 10 feet in height, unless specifically
specified otherwise by the Shade Tree Commission for use in some particular
location where a smaller tree may be advisable.
B.
All such trees shall have straight trunks, well-developed leaders
and top and roots characteristic of the species or variety to be planted,
and all stock shall have been grown north of Washington, D.C., free
from all diseases and insect pests or mechanical injuries and any
other objectionable features. Bottom branches shall be seven feet
above the ground, unless otherwise specified by the Shade Tree Commission.
Placement and spacing of trees shall be in accordance with the
regulations of the Shade Tree Commission adopted by the Borough.
Planting and bracing of trees shall be in accordance with the
regulations of the Shade Tree Commission adopted by the Borough.
All work in connection with planting, pruning, spraying, bolting
or painting shall be done and performed in accordance with the best
accepted arboricultural or horticultural practice.
When trees are removed, they shall be cut as close to the ground
as conditions will permit with a power saw, and all stumps shall be
treated immediately with a root and stump destroyer or removed to
a depth of eight inches below ground surface with a power-driven stump
grinder approved by the Shade Tree Commission.
A.
The Shade Tree Commission shall be consulted prior to and during
any construction, reconstruction, maintenance or repair of streets
and highways within the Borough for the purpose of ensuring that these
projects contain provisions for proper care and/or planting of shade
trees on streets and highways.
B.
If the Borough Engineer should determine that the application of
any of the provisions of this chapter materially interfere with the
foregoing improvements, those provisions shall not apply to the extent
of such interference.
No person or his or her agent shall be employed by the Borough
in connection with any of the work covered or contemplated under the
provisions of the chapter unless and until he has furnished to the
Borough Manager proof of carriage of satisfactory workmen's compensation
insurance so as to afford proper protection to the Borough.
[Amended 7-5-2011 by Ord. No. 1586]
Any person or his or her agent granted a permit to remove, spray,
bolt, brace or prune any tree on any street or highway or in the Public
Park District shall post a bond or furnish evidence of the same to
the Borough Manager in an amount and form to be approved by him or
her and shall have taken out or take out and maintain satisfactory
public liability and property damage insurance naming the Borough
as coinsured as follows:
A.
Public liability insurance in the amount of $100,000 for injuries,
including accidental death, to any one person and subject to the same
limit for each person in the amount of one accident.
B.
Property damage insurance in an amount of not less than $50,000 to
any one property and subject to the same limit for each property in
an amount of not less than $100,000 aggregate for one accident.
The Mayor or the Borough Manager, when so authorized by the
Council, may, upon receipt of complaint from the Shade Tree Commission,
require, upon five days' written notice, owners of property to
cut and remove plants, shrubs and trees afflicted with Dutch elm or
other disease which threatens to injure or destroy plants, shrubs
and shade trees in the Borough. Upon failure of any such owner to
comply with such notice, the Borough may cause the work to be done
by the Borough and levy and collect the cost thereof from the owner
of the property. The cost of such work shall be a lien upon the premises
from the time of the commencement of the work, which date shall be
fixed by the Borough Engineer and shall be filed with the Borough
Manager. Any such lien may be collected by action in assumpsit or
by lien filed in the manner provided by law for the filing and collection
of municipal claims.
The Mayor or the Borough Manager, when so authorized by the
Council, may, upon receipt of complaint from the Shade Tree Commission,
have the right under the police power to prune or remove any tree
on either public or private property when such tree, because of its
location or condition, is endangering persons or property or endangering
and inconveniencing the traveling public or when such tree is extending
its roots into the public sewers of the Borough or its seriously interfering
with the safe, proper and useful exercise of any public utility, either
above or underground.
Any tree standing on either public or private property extending
its roots into any public sewer or into the conduits of any public
utility is hereby declared a public nuisance under the police power,
and, upon action of the Council ordering its abatement, such tree
shall be removed. If such tree is standing on private property, it
shall be removed in the manner provided by law for the abatement and
removal of nuisances generally, and the costs of such removal shall
be collected from the property owner as provided by law.
A.
Any person who violates or permits a violation of this chapter shall,
upon conviction in a summary proceeding under the Pennsylvania Rules
of Criminal Procedure, be guilty of a summary offense and shall be
punishable by a fine of not less than $50 nor more than $1,000, plus
court costs and reasonable attorneys' fees incurred by the Borough
in the enforcement proceedings. Upon judgment against any person by
summary conviction, or by proceedings by summons on default of the
payment of the fine or penalty imposed and the costs, the defendant
may be sentenced and committed to the Borough correctional facility
for a period not exceeding 10 days or to the county correctional facility
for a period not exceeding 30 days. Each day that such violation exists
shall constitute a separate offense, and each section of this chapter
that is violated shall also constitute a separate offense. In addition
to or in lieu of enforcement under this section, the Borough may enforce
this chapter in equity in the Court of Common Pleas of Allegheny County.
[Amended 8-1-1994 by Ord. No. 1433[1]]
B.
In lieu of or in addition to the penalty hereinabove provided, the
Borough, at its option, may require the person or his or her agent
injuring any trees in violation of this chapter to correct the damage
caused thereby; removing any trees in violation of this chapter to
cause the same to be replaced; or failing to remove or prune trees
as required by this chapter to cause the removal or pruning to be
done. In default thereof, the Borough may cause the injury to be repaired,
the replacement to be made or the removal or pruning done, and all
costs thereof shall be a lien upon the real estate of the offender
and may be collected as municipal claims are collected.
C.
All penalties or assessments imposed under this chapter shall be
paid to the Borough Treasurer to be placed to the credit of the Shade
Tree Commission, subject to be drawn upon by the Shade Tree Commission
for the purposes of the preceding sections of this chapter.
