[Ord. 861, 7/5/2006]
This chapter shall be known and may be cited as the "Municipal
Tree Ordinance" of the Borough of Stroudsburg, County of Monroe, Commonwealth
of Pennsylvania.
[Ord. 861, 7/5/2006]
It is the purpose of this chapter to promote and protect the
public health, safety and general welfare by providing for the regulation
of the planting, maintenance, pruning, trimming and removal of trees
in the streets, highways, sidewalks and public places and otherwise
providing for an organized municipal tree program in the Borough of
Stroudsburg.
[Ord. 861, 7/5/2006]
As used in this chapter, the following terms shall have the
meanings indicated:
A person or company employed by the Borough (under the authority
of the Commission) to perform the duties outlined by the Commission.
The Borough of Stroudsburg.
A certified arborist, appointed and/or employed by the Shade
Tree Commission and approved by the Council, who specializes in the
care and maintenance of trees in the Borough right-of-way and/or on
Borough property.
The Shade Tree Commission of the Borough of Stroudsburg.
The Council of the Borough of Stroudsburg.
The Stroudsburg Street Department or any other designated
department of the Borough under whose jurisdiction street and park
trees fall.
Any dead, diseased, broken or mutilated branches or parts
of trees which are in a state of decomposition and pose a threat to
public safety.
Those attaining a height of 45 feet or more at maturity.
The Manager of the Borough of Stroudsburg.
Those attaining a height of 35 feet to 45 feet at maturity.
The Borough of Stroudsburg, Monroe County, Pennsylvania.
Approval, in writing, by the Borough Manager or his/her designee.
Any individual, firm, partnership, association, corporation,
company or organization of any kind, and includes the plural of each.
Any person, firm, partnership, association, corporation,
company or organization of any kind engaged in the business of tree
pruning, trimming, maintenance, planting or removal for a fee.
The person owning such property as shown on the Monroe County
Assessor's list.
All parks and other grounds owned by the Borough of Stroudsburg,
including public rights-of-way or other areas under the control of
the Borough.
Shall include all trees, shrubs, bushes and all other vegetation
on any street or highway or in the public parks or public places or
in any other area owned by the Borough or to which the public has
free access.
Any tree planted by the Borough as a public tree to replace
another public tree that was removed. For every public tree removed,
one replacement tree will be planted. The replacement tree does not
necessarily have to be immediately planted in the vicinity of the
removed tree if the Commission decides it can be used at another location.
However, within two years of removal, a replacement tree will be planted
in the vicinity of a removed tree.
Any tree, shrub or other woody plant on any street, highway,
avenue or other public place in the Borough of Stroudsburg.
Those trees attaining a height of 20 feet to 30 feet at maturity.
The entire width of every municipal way or right-of-way when
any part thereof is open to the use of the public, as a matter of
right, for the purpose of vehicular and pedestrian traffic.
The removal of the top and upright branches with many internodal
cuts, also known as "heading," "tipping" or "round over."
A large perennial plant with one main trunk and many branches.
That part of the street right-of-way adjacent to developed
property, not covered by the sidewalk or other paving, lying between
the sidewalk and that portion of the street used for vehicular traffic.
[Ord. 861, 7/5/2006]
There is hereby created a Commission to be known and designated
as the "Shade Tree Commission of the Borough of Stroudsburg, Pennsylvania."
[Ord. 861, 7/5/2006]
Said Commission shall consist of five residents of the Borough
of Stroudsburg who shall be appointed by the Borough Council and shall
serve without compensation for their terms of office and with all
the rights, powers and duties and obligations provided for by law
(Act of February 1, 1966 (P.L. 1656, No. 581). Each term shall be
five years. Upon expiration of any term, a successor shall be appointed,
or the member whose term has expired shall be reappointed, to serve
for a term of five years. In the event of a vacancy occurring during
any term, such vacancy shall be filled by the Borough Council for
the then-remaining portion of the unexpired term. Three members of
the Commission shall constitute a quorum. The Commission may organize,
selecting a Chair or other officers deemed necessary.
[Ord. 861, 7/5/2006]
The Shade Tree Commission of the Borough of Stroudsburg shall
have custody and control of the shade trees on the public streets
and highways of the Borough of Stroudsburg (hereinafter referred to
as "shade trees") and shall have authority to plant, remove, maintain
and protect such trees.
[Ord. 861, 7/5/2006]
The Commission may employ and pay such necessary assistants
as the proper performance of the duties devolving upon it shall require,
and to enforce regulations for the care and protection of the shade
trees of the Borough, provided that such expenditures are within the
budget of the Commission approved by the Borough Council. No such
regulation shall be enforced until it has been approved by the Borough
Council and enacted as an ordinance.
[Ord. 861, 7/5/2006]
The Shade Tree Commission shall annually report its actions
of trees removed and planted, but not limited to this information,
and expenses in furtherance of the purposes of this chapter for the
last fiscal year and shall present to the Borough Council a written
plan and a proposed budget for the coming fiscal year for the proposed
care, preservation, maintenance, removal or disposition and planting
of trees and/or shrubs in the Borough.
[Ord. 861, 7/5/2006]
Whenever said Commission proposes to plant, transplant or remove
shade trees on any street, sidewalk or highway in the Borough, 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
of Stroudsburg once a week for two weeks immediately preceding the
time of the meeting. The notice shall specify, in detail, the streets
or portions upon which trees are proposed to be so planted, replanted
or removed.
[Ord. 861, 7/5/2006]
1.
The duties and responsibilities of the Shade Tree Commission shall
include the following:
A.
To study the problems and determine the needs of the Borough in regard
to trees.
B.
To appoint a Borough Arborist to serve at the pleasure of the Shade
Tree Commission.
C.
To investigate, provide assistance and make recommendations to the
Borough Manager regarding supplemental funding from sources such as
but not limited to grants, loans and donations.
D.
To develop, update and administer an annual written plan for tree
care and maintenance. The plan will address care, preservation, pruning,
planting, removal and disposition of trees and shrubs in parks, along
streets and on other public lands. The plan will also address watering,
fertilizing, dead and hazardous tree removal, safety, and insect and
disease control. The plan will establish a program for the planting
of donated trees and the care and maintenance of historic trees.
E.
To maintain, with the assistance of the Borough Arborist, an updated
inventory of public trees by species, member, condition and location.
F.
To plan, implement and coordinate programs to celebrate Arbor Day
in the community.
H.
To review the planting plan of street trees within the planting strips
of any new subdivision for conformity with the Borough's specifications
and standards of practice. A landscape plan for the subdivision shall
be submitted by the developer to the Shade Tree Commission, which
shall review and provide recommendations regarding the new subdivision
landscape plan and forward those recommendations to the Stroudsburg
Borough Planning Commission, working within the time frame of the
Pennsylvania Municipalities Planning Code for approving subdivision
and land development plans.
I.
To review any proposed change in width in a public street right-of-way
or any proposed street improvement, where feasible, to include allowances
for planting strips. Plans and specifications for planting such areas
shall be integrated into the general plan of improvements, and it
shall be the duty of the Borough Engineer to coordinate the design
of such improvements with the Shade Tree Commission prior to completion
of the final overall plans.
[Ord. 861, 7/5/2006]
1.
The Shade Tree Commission shall, by resolution, approve arboricultural
specifications, which shall include but are not limited to the following:
A.
Authorized species of trees.
B.
Authorized planting locations and spacing of trees.
C.
Size specifications for tree planting or replacement.
D.
Tree trimming and maintenance standards.
E.
Root zone controls.
F.
Tree removal.
G.
Distance from curb and sidewalk.
H.
Sight easement, sidewalk and street branch height and streetlight/traffic
control or sign visibility.
I.
Utilities.
[Ord. 861, 7/5/2006]
It shall be a violation of this chapter for any person or private
property owner(s) to plant, prune, trim or remove any public tree(s)
or tree(s) in a public place(s).
[Ord. 861, 7/5/2006]
1.
It shall be the duty of any person or persons owning or occupying
real property bordering on any street upon which property there may
be trees to maintain such trees on private property in such a manner
that they will not obstruct or shade the streetlights, obstruct the
passage of pedestrians on sidewalks, obstruct vision of traffic signs,
or obstruct the view of any street or alley intersection. Based on
tree species, the recommended minimum clearance of any overhanging
portion thereof shall be eight feet over the sidewalk and 14 feet
over all streets, except truck thoroughfares, which shall have a clearance
of 16 feet. Low-growing or low-limbed species shall be trimmed to
allow for the safe passage of pedestrians and motor vehicles. A minimum
height of eight feet shall be provided over the required open area
of three feet of sidewalk for pedestrians and a minimum of 14 feet
at one foot from the face of the curb for vehicle passage or parking.
2.
Owner(s) shall remove all dead, diseased, or dangerous trees or broken
or decayed limbs on private property which constitute a menace to
the safety of the public. The Borough shall have the right to prune/trim
any tree or shrub on private property when it interferes with the
proper spread of light along the street from the streetlight or interferes
with visibility of any traffic control device or street sign or sight
triangle at intersections. Tree limbs that grow near voltage electrical
conductors shall be maintained and cleared of such conductors by the
electric utility company in compliance with any applicable franchise
agreements. A utility tree trimming policy must be reviewed by the
utility company and Commission prior to any trimming by the utility
company.
[Ord. 861, 7/5/2006]
Tree pruning shall conform to ANSI A300-2001 Pruning Standards,
Tree, Shrub and Other Woody Plant Maintenance - Standard Practices.
All work must also conform to the latest revision of the American
National Standards Institute ANSI Z133.1 (Safety Requirements for
Pruning, Trimming, Repairing, Maintaining, Removing Trees and for
Cutting Brush). Copies of both standards (ANSI A300-2001 and ANSI
Z133.1) are on file in the Municipal Building. Any person or entity
violating the provisions of this chapter by performing tree maintenance
activities in violation of tree maintenance or safety standards (ANSI
A300-1002 and ANSI Z133.1) shall, upon conviction, be sentenced to
a fine of not more than $600 for each tree affected or, in default
of payment, shall be subject to imprisonment for a period not to exceed
30 days. Any tree damage caused by any person or entity is to be repaired
immediately at no expense to and to the satisfaction of the Shade
Tree Commission. Tree damage as judged by the Shade Tree Commission
will be appraised to determine the value of the damage. If the Shade
Tree Commission determines that the damage warrants removal, the cost
of tree and stump removal and the planting of replacement trees will
be paid by the person or entity that caused such damage. Failure to
comply shall cause such repair work to be completed by the Borough
and billed to the person or entity that caused such damage. If damage
resulted in removal or death of the tree, the Borough may accept replacement
trees whose combined diameter is equal to that of the tree removed.
All replacement trees shall be at least two-inch caliper, balled and
burlapped, and of a species approved by the Shade Tree Commission.
Replacement trees shall be delivered to the Borough between April
1 and May 15 of the year following the damage.
[Ord. 861, 7/5/2006]
1.
The Commission shall have the right to cause the removal of any dead
or diseased trees on private property within the Borough when such
trees constitute a hazard to life and property or harbor insects or
disease which constitutes a potential threat to other trees within
the Borough. The Commission shall have the right to cause the trimming
of any shade trees with branches which overhang a street or sidewalk
or obstruct light from streetlights in accordance with the current
Shade Tree Arboricultural Specifications and Standards of Practice.
2.
The Borough Manager or his/her designee shall notify the affected
property owner(s), in writing, by certified mail, of such trees on
private property that must be removed or trimmed.
3.
Removal or trimming of tree(s) on private property shall be done
by the affected property owner(s), at their own expense, within 30
days after receipt of the notice.
[Amended by Ord. No. 1091, 7/7/2020]
[Ord. 861, 7/5/2006]
All stumps of street and public trees shall be removed to a
depth of six inches below the surface of the ground or six inches
below the top of the curb.
[Ord. 861, 7/5/2006]
1.
Any person who is employed or engaged by the Borough or the owner
of any public or privately owned tree to remove, plant or maintain
any public or privately owned tree must be a private arborist or employ
a registered arborist and must comply with the arboricultural specifications
and standards adopted by the Shade Tree Commission. Private arborists
shall register annually with the Borough Manager or his/her designee.
2.
All utility companies shall notify the Shade Tree Commission of the
identity of their staff arborist or consulting arborist. Such notification
shall constitute registration of said arborist hereunder.
3.
All private arborists are required to present proof of all required
insurances and credentials at the time of registration with the Borough
Manager.
[Ord. 861, 7/5/2006]
1.
No person shall plant, spray, fertilize, preserve, prune, remove,
root, trim or otherwise disturb any tree or vegetation on any street,
right-of-way or public place.
2.
No person shall attach any guide rope, cable or electric wire to
any such tree or tree guard support without first seeking approval
in the Borough Manager's office and receiving written permission
from the Borough Manager or his/her designee.
3.
No person shall lay any pavement within a minimum area of 12 square
feet around the base of the trunk of any tree in a public right-of-way
or deposit any stone, gravel, cement, lumber or other material in
such a way as to obstruct the free access of air and water to the
roots of any tree in such right-of-way without first seeking approval
from the Borough Manager or his/her designee and obtaining written
permission.
4.
Approval for Subsection three above must be made at the Borough Office
or otherwise specified municipal office. Requests must be made at
least 72 hours prior to the start of work.
5.
Utilities may be issued blanket permission; however, the utility
is still responsible for notifying the Borough Manager of work at
least three working days prior to the start of work.
6.
Before any permission is granted for work on private property, each
applicant shall first show evidence of being a private arborist and
in possession of liability insurance, workers' compensation insurance,
bodily injury insurance and property damage insurance as specified
in the Arboricultural Specifications and Standards of Practice.
7.
The person receiving permission for work on private property is responsible
for notifying Pennsylvania One-Call prior to planting or removing
a tree.
8.
Standards of issuance. The Borough Manager or his/her designee shall
inspect the proposed work on private property and give permission
if, in the Borough Manager's or designee's opinion, the
proposed work is desirable and the proposed method and workmanship
thereof are of a satisfactory nature. Written permission shall contain
a definite expiration date, and all work must be completed by this
date.
9.
The person receiving permission for work on private property shall
abide by the Arboricultural Specifications and Standards of Practice
adopted by the Shade Tree Commission.
[Ord. 861, 7/5/2006]
1.
The following are prohibited activities:
A.
Fasten a carriage, animal, motor vehicle of any kind or bicycle to
any shade tree, tree guard or support thereof.
B.
Authorize or procure any gas, hot water, brine, oil, dye or other
substance deleterious to tree life to lay, pour, flow, leak or drip
on or into the soil about the base of a tree in any public highway,
street, avenue, alley or public place.
C.
Allow a tree on public right-of-way to be injured or removed during
the erection, repair, removal or alteration of any building or structure.
D.
Build or kindle a fire near any tree on any public right-of-way or
public place as to endanger the trunk, limbs or foliage of such shade
tree(s).
E.
Attach any advertisements to any tree or shrub in any street, highway,
avenue or public right-of-way.
[Ord. 861, 7/5/2006]
Any person who inflicts damage to a tree in a public right-of-way,
either willfully or negligently, shall be liable to the Borough for
costs of professional care in the treatment of the tree wounds. If
the tree shall die within one growing season as a direct result of
such damage, or if the damaged tree shall be rendered unsuitable and
condemned by the Borough, then the person responsible shall pay all
costs of the removal of said tree and its stump and costs of replacing
it with a tree of approved specifications. Such work shall be performed
by the Borough or contracted by the Borough and costs assessed to
the responsible person.
[Ord. 861, 7/5/2006]
1.
Any person violating any of the provisions of this chapter shall,
upon conviction thereof, or a plea of guilty, pay a fine not to exceed
$600 for each tree affected plus replacement costs of any shade tree
damaged as a result of the violation.
2.
Any costs incurred by the Borough for violations of this chapter
may be assessed to the property owner(s). Any penalty so assessed
shall be a lien upon the real estate of the offender and may be collected
as municipal claims are collected.
[Ord. 861, 7/5/2006]
By enactment of this chapter, Ordinance No. 124, adopted December
7, 1921, as amended and reenacted by Ordinance No 599, adopted December
19, 1983; as amended by Ordinance No. 835, adopted November 19, 2003;
and Ordinance No. 762, adopted March 18, 1998, are hereby repealed.
