[Ord. 1013, 10/9/2003, § 1]
For the purpose of this Part, the following terms shall have
the following meanings:
The Borough of Shillington.
The person designated by the Council.
The Tree Committee of the Borough of Shillington.
The Council of the Borough of Shillington.
Clipping, trimming, fertilizing, spraying, treating for disease
or injury, and similar acts to promote health, growth, or beauty of
trees.
Any person, firm, association, partnership, or corporation,
or their servants, agents or employees.
Written permission issued by the Borough.
Any public right-of-way, park easement or other area under
the control of the Borough.
Any tree, shrub, or other woody plant.
The severe cutting back of limbs to stubs larger than three
inches in diameter within the tree's crown to such a degree so
as to remove the normal canopy and disfigure the tree.
[Ord. 1013, 10/9/2003, § 2]
Authority to administer the provisions of this Part shall be
the responsibility of Council. Council, at its discretion, may seek
the advice and expertise of the committee formed by resolution and/or
the designated Borough Forester or Tree Care Manager.
[Ord. 1013, 10/9/2003, § 3]
For the purpose of beautifying and encouraging the planting
of shade trees within the public areas, and in some cases on private
property of the Borough of Shillington, Council is hereby authorized
to provide some shade trees annually, as provided for in the annual
budget, for free distribution to property owners upon the written
request of the owner to the Borough.
[Ord. 1013, 10/9/2003, § 4]
All shade trees permitted by this Part shall be at least eight
feet in height and have a trunk with a minimum diameter of at least
1 1/4 inches measured at a height of three feet above ground
level before planting. Trees shall be of standard quality or better,
true to name and type of their species or variety. Trees shall have
normal, well-developed branches and root systems. They shall be healthy,
vigorous trees free from defects, decay, abrasions of the bark, insect
pests, and all forms of infestations. Balled trees shall have adequate
size solid balls securely wrapped with burlap, and tightly bound with
rope or twine. Plastic twine or wrapping material is not permitted.
[Ord. 1013, 10/9/2003, § 5; as amended by Ord.
1025, 10/14/2004]
1.
No tree shall be planted, pruned, treated, or removed from any public
area of the Borough without a written permit from the Borough. A certificate
of insurance for any third party performing tree maintenance must
be provided at the time of application for a permit. The type and
limits of said insurance shall be as follows:
|
Property $50,000
|
1 Claim
|
$100,000 Total
| |
|
Liability $100,000
|
1 Claim
|
$300,000 Total
|
2.
Application for permits must be made at the Shillington Town Hall
during regular business hours prior to the time the work is to be
done. The permit fee shall be in an amount as established from time
to time by resolution of Borough Council. Issued permits shall be
valid for a period of three months from the issue date unless otherwise
extended by the Borough.
3.
Notice of completion of the work referenced on the permit shall be
given to the Borough within five working days after completion of
the same to allow for the inspection of said work.
[Ord. 1013, 10/9/2003, § 6]
1.
All shade trees, including those purchased by the Borough for distribution,
as defined in this Part shall be planted as follows:
A.
At the expense of the owner in the center of the grass plot lying
between the curb and paved pedestrian walk; provided, that said tree
shall not be planted closer than 25 feet from a curb intersection
of any alley or street and not closer than 40 feet apart and shall
in no case be planted within five feet of a sewer line or lateral,
water, gas, electric or other line or conduit, except as otherwise
permitted by Council. All locations for the planting of trees in the
above-mentioned grass plot shall be approved by the Tree Care Manager
or his designee.
B.
At the expense of the owner in the front or side yard area of the
owners property as long as said front or side yard areas are adjacent
to Borough streets or state roads. Owners are reminded that trees
should not be planted in proximity to sewer laterals, water, gas,
electric or other line or conduit as damage from roots or limbs may
occur. Further, the Borough reserves the right to approve any planting
site on the owner's property.
[Ord. 1013, 10/9/2003, § 7]
The ownership of shade trees shall be vested in the owner of
the property abutting the sidewalk in which the shade trees are planted.
It shall be the sole responsibility of the owner to care for, maintain,
and remove shade trees at their expense; and to periodically inspect,
trim, and remove dead portions of shade trees to remove the hazards
of falling limbs and the possible resulting damage to persons and
property.
[Ord. 1013, 10/9/2003, § 8]
1.
All trees covered by this Part may be removed at the expense of the owner only after securing a permit as described in § 25-105 of this Part. All dead or completely damaged trees shall be neatly cut to the grade of sidewalk and removed by and at the expense of the owner. Further, the owner shall remove or have removed at their expense, all shade tree stumps from the sidewalk area fronting, abutting, or on their property (for trees purchased by the Borough), within 1 year of the cutting and removal of the trunk and branches of such tree or trees, to a depth of four inches to six inches below the grade of the sidewalk.
2.
The Borough, however, providing that after any or all interested
owners execute an agreement or agreements with said Borough, saving
it harmless from any damage that may be caused to the curb or sidewalk
of said owners, may remove said stump or stumps at the entire expense
of the Borough, eliminating the expense to the owner.
3.
Upon the neglect or refusal of any owners to comply with either of the alternatives in Subsection 1 or 2 of this section, the Borough may, after 10 days' written notice, cause the stump or stumps to be removed at the cost of such owner and collect the cost thereof plus 25% additional together with all charges and expenses, from said owner, and collect the same according to law.
[Ord. 1013, 10/9/2003, § 9]
Council or its authorized agent or agents shall make periodic
inspection, at least once every year, of all shade trees covered by
this Part. After each inspection, a notice shall be sent to each owner,
whose tree or trees were found not to conform to the provisions of
this Part or any other ordinance or resolution of Council regulating
shade trees, informing him of the manner in which his tree or trees
are to be cut, trimmed, or removed in conformity with the tree regulations
within the time allowed and stated in the notice. Upon failure of
the owner to comply within the stated time, such tree or trees will
be cut, trimmed, or removed, as the case may be, by Borough employees
or persons contracted by the Borough and the cost of such work of
cutting, trimming, or removing, together with an additional penalty
of 25% on said costs, shall be charged to and shall be paid by said
owner.
[Ord. 1013, 10/9/2003, § 10]
1.
The Borough reserves the right to permit the trimming of shade trees
at the expense of the owner for the purpose of clearance for street
lights, fire department access, and other utility wires, poles or
other structures and appurtenant equipment.
2.
Owners of shade trees covered by this Part and likewise the owner
of any tree or trees including all shrubs or woody plants lying near
a street or alley; the branches of which extend into the cartway of
any street or alley, shall at his own expense trim said tree or trees
in such a manner that there shall be maintained at all times a clearance
of no less than nine feet over the grade of the sidewalk and 12 feet
from the grade of the street measured at the curb line, except as
otherwise permitted by Council.
3.
Tree topping shall be unlawful as a normal practice for any owner
of a shade tree covered by this Part.
4.
Trees severely damaged by storms or other causes, or certain trees
under utility wires or other obstructions where other pruning practices
are impractical may be exempted from the requirements of this Part
at the determination of Council.
5.
Emergencies.
Trees that are severely damaged by storms or winds may be declared
an emergency by the Emergency Management Coordinator and, as such,
may be moved or removed from their location for purposes of traffic
flow, pedestrian walkway usage or other forms of public use which,
in the sole opinion of the Emergency Management Coordinator, are deemed
forms of public obstructions or hazards, as an exemption from the
requirements of this Part.
[Added by Ord. 1122, 8/11/2011]
[Ord. 1013, 10/9/2003, § 11]
1.
All trees covered by this Part located near any excavation or construction
of any building, structure or street work shall be protected with
a good substantial fence, frame or box not less than four feet high
and eight feet square or at a distance in feet from the tree equal
to the diameter of the trunk in inches (at breast high), whichever
is greater, and all building material, dirt or other debris shall
be kept outside the barrier.
2.
No person shall excavate any ditches tunnels, trenches, or lay any
drive within a radius of 10 feet from any tree covered by this Part
without first obtaining a written permit from the Borough. No person
shall excavate or damage the major root structure of any tree covered
by this Part. Where sidewalks are being repaired or replaced due to
conflict with trees, the owner shall attempt alternate means to resolve
the conflict prior to cutting the root structure of the tree.
3.
No person shall deposit, place, store or maintain upon the public
place or street of the Borough, any stone, brick, sand, concrete or
other materials within a radius of 10 feet from any tree covered by
this Part or at a distance in feet from the tree equal to the diameter
of the trunk in inches (at breast height) or within a distance which
may impede the free passage of water, air and fertilizer to the roots
of any tree growing therein, whichever distance may be greater.
[Ord. 1013, 10/9/2003, § 12]
No person shall intentionally damage, cut, carve, transplant
or remove any tree covered by this Part; attach any rope, wire, nails,
advertising posters or other such contrivance to any such tree, allow
any gaseous liquid or solid substance which is harmful to such trees
to come in contact with them, or set fire or permit any fire to burn
when such fire or the heat thereof will injure any portion of any
such tree.
[Ord. 1013, 10/9/2003, § 13]
Any person using or traveling upon any public street who damages
any shade tree meeting the minimum clearance requirement stipulated
in this Part shall be liable to the owner for damage to the tree resulting
from such person's use or traveling upon the street.
[Ord. 1013, 10/9/2003, § 14; as amended by Ord.
1025, 10/14/2004]
1.
Any person violating the provisions of this Part shall, upon conviction
before a District Justice of appropriate jurisdiction, be liable to
pay costs of prosecution and a fine as follows:
A.
For willfully injuring or killing a living shade tree by cutting,
debarking, breaking, by the use of herbicides, use of a vehicle or
in any other manner wherein it is determined by the District Justice
that such damage or destruction was intentionally inflicted, a fine
of not less than $100 nor more than $1,000 plus the cost of repairing
or replacing each damaged tree shall be levied.
B.
For failure of a property owner to remove, partially remove or treat
a tree as ordered in accordance with this Part, the guilty person
shall be fined not more than $100 per day. Each day the property owner
remains in violation shall constitute a separate offense.
