[Ord. No. 2022-1, 4/21/2022[1]]
1.Â
This Part shall be known as the "Shade Tree Ordinance" of the Borough.
2.Â
All ordinances or parts of ordinances which are inconsistent herewith
are hereby repealed.
[1]
Editor's Note: This ordinance also repealed former Part 1,
Regulations of Shade Tree Commission, adopted 11-21-1972 by Ord. No.
1972-6, §  2 through 11.
[Ord. No. 2022-1, 4/21/2022]
The following words or phrases when used in these regulations
shall have the meanings ascribed to them, except in those instances
where the context clearly indicates a different meaning.
The request of a person made upon forms furnished by the
Shade Tree Commission for authority to perform specific functions
to existing or planned shade trees.
The Borough.
The duly appointed members of the Borough Council of the
Borough.
The duly appointed members of the Shade Tree Commission of
the Borough.
A written form issued by the Secretary of the Shade Tree
Commission granting authority to perform specific work on the shade
trees.
Any individual, partnership, firm, association, or corporation.
Any street, sidewalk, or alley open to the public.
The area of any public street, road, highway or other publicly
held thoroughfare (owned) within the corporate limits of the Borough
that has been designated by law as a public right-of-way. A strip
of land occupied or intended to be occupied by a street, crosswalk,
road, electric transmission line, oil or gas pipeline, water main,
sanitary or storm sewer main, shade trees, or for another special
use. Sidewalks and street trees are the responsibility of the property
owner.
|
Public Right-of-Way Diagram
 Please note this is a general representation of rights-of-way,
and residents should defer to deed for accurate property line location.
|
Any tree which is planted in any right-of-way, or has at
least one-half of trunk, branches or roots extending into any right-of-way
in the Borough of Hummelstown.
[Ord. No. 2022-1, 4/21/2022]
The Borough recognizes that properly planted, maintained, and
protected shade trees add to the esthetics and health and welfare
of the citizens of the Borough. Therefore, it shall be the intent
of this Part to establish a Shade Tree Commission for the Borough,
define the mission of that Commission and establish rules and regulations
to encourage the planting of appropriate shade trees, provide for
the proper maintenance of the trees, protect shade trees, and provide
guidelines for the removal and replacement of shade trees.
[Ord. No. 2022-1, 4/21/2022]
1.Â
The Shade Tree Commission shall consist of five members who are citizens
of the Borough, appointed to serve four-year terms.
2.Â
The Shade Tree Commission shall have the power to issue permits required
by this Part, and to enforce the provisions of this Part as provided
by law.
3.Â
The Shade Tree Commission shall, when called upon, act as an advisory
panel to the Borough Council on all Borough matters having an environmental
impact on the Borough, including, but not limited to, land development,
park development or improvements, and downtown revitalization projects.
4.Â
The Shade Tree Commission shall report to the Borough Council through
the Borough Manager, or as the President of Council may otherwise
direct.
[Ord. No. 2022-1, 4/21/2022]
1.Â
The maintenance, care, or removal of any shade tree as defined herein,
and required compliance with any provision of this Part shall be the
responsibility of the property owner on whose property the tree is
located or whose property within the right-of-way in which the shade
tree is located. If any property owner shall neglect or refuse to
trim any shade tree as required by this section, upon such notice,
the Commission may cause such trimming to be done by Borough employees
and the entire cost thereof shall be chargeable and collectible from
the aforesaid owner of the property.
2.Â
No person shall be required to obtain a permit to maintain and prune
a tree within any public right-of-way.
3.Â
No person, without first obtaining a permit (at no cost), shall plant
a shade tree within any public right-of-way.
5.Â
All mature shade trees shall be kept trimmed to a minimum branching
height of 14 feet over the public street and a minimum height of eight
feet overhanging a public sidewalk except that the Commission may
require greater height clearances to eliminate traffic and other hazards.
6.Â
Whenever, in the opinion of the Commission, a health or safety hazard
is caused by a shade tree, the Commission may issue a written order
to the responsible property owner to take action to correct the condition
within 60 days of the date of the order. If, after written notification,
the responsible property owner fails to take corrective action, the
Borough shall have the required work accomplished within 30 days to
correct the health or safety condition and shall bill the responsible
property owner. Failure to remit by the responsible property owner
may result in a lien placed against the property by the Borough.
7.Â
Needed right-of-way for sidewalk is four feet in order to install
a tree. The Shade Tree Commission reserves the right to review setback
requirements and rights-of-way for sidewalks and trees.
[Ord. No. 2022-1, 4/21/2022]
1.Â
The Commission shall have authority to revoke any permit issued to
any person in violation any of the provisions or the regulations or
orders of the Commission and require any damage to be repaired or
replaced by the property owner or person responsible therefor and
to use the same to be done at the expense of the property owner or
person responsible therefor.
2.Â
The Commission may assess a fine for the violation of its regulation
up to a maximum of $1,000. If such violation persists, each violation
will be considered a separate offence and the Commission may assess
a penalty per separate violation up to a minimum of $1,000.
[Ord. No. 2022-1, 4/21/2022]
In addition to the foregoing general provisions, the following
special provisions shall apply to shade trees located in the retail
commercial districts of the Borough.
1.Â
We encourage a minimum sidewalk opening of four feet square for each
shade tree. The opening shall be flush with a hard surface, such as
but not limited to, brick, concrete, or pavers.
3.Â
Whenever a shade tree is removed in a retail commercial district,
the shade tree shall be replaced in accordance with this Part. All
removed shade trees shall be replaced except when a change in street
construction or land development makes it impossible or would cause
the replacement to be a safety or health hazard. A decision not to
replace a removed shade tree must be approved by the Commission.
4.Â
The Commission shall annually inspect all shade trees within the
retail commercial district and shall file a report with the Borough
Council on the condition of the trees and needed maintenance. The
inspection shall be done in early summer and the report filed by the
first day of August.
[Ord. No. 2022-1, 4/21/2022]
Fees for permits shall be set from time to time by resolution
of the Borough Council.
[Ord. No. 2022-1, 4/21/2022]
1.Â
No person shall plant, transplant, or remove any shade tree or trees
on or overhanging the right-of-way in the Borough of Hummelstown without
first making an application for a permit to do so upon forms furnished
by the Commission and after receiving an approved permit.
2.Â
Any such planting, transplanting or removal by any person, and in
a manner as the Commission shall indicate, shall be subject to inspection
by the Commission and/or its designee.
3.Â
The cost of the planting, transplanting, or removing any shade trees
in or along the streets and 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 or owners
of the real estate which abut the area where the work is done. The
amount each owner is to pay shall be set by resolution.
[Ord. No. 2022-1, 4/21/2022]
Any person, firm or corporation who shall violate any provision
of this Part shall, upon conviction thereof, be guilty of a summary
offense, and may be sentenced to pay a fine of not more than $1,000
and legal and administrative costs. Every day that a violation of
this Part continues shall constitute a separate offense of a maximum
of $1,000.
[Ord. No. 2022-1, 4/21/2022]
If any sentence, clause, section, or part of this Part is for
any reason found to be unconstitutional, illegal, or invalid, such
unconstitutionality, illegality, or invalidity shall not affect or
impair any of the remaining provisions, sentences, clauses, section
or parts of this Part. It is hereby declared as the intent of the
Borough that this Part would have been adopted had such unconstitutional,
illegal or invalid sentence, clause, section or part thereof not been
included herein.
[Ord. No. 2022-1, 4/21/2022]
This Part shall become effective 30 days after the date of approval
by Borough Council.
