[Ord. 1994-5, 6/6/1994, § 301; as amended by Ord.
2009-8, 12/7/2009]
1.
No person shall commit any of the following acts in relation to trees
on the streets of the Borough of Forty Fort:
A.
Remove any living trees without permit. The only exception being
that the Borough may remove trees, which in the opinion of the appropriate
Borough official, pose a threat of immediate harm to the safety and
general welfare.
B.
Cut, scrape, paint or in any way deface or injure bark, branches
or trunk of any tree.
C.
Tie any animal to any tree, guard or permit any animal to damage
any tree.
D.
Throw or allow to be thrown any salt, acid, oil, wood killer or any
injurious substance, where such material may enter the ground and
injure roots of any public trees.
E.
Erect any structures, fences, or cause to be placed ornamental borders
of any kind on the tree lawns of the Borough.
2.
Any person, firm or corporation who shall violate any provision of
this Part, upon conviction thereof, shall be sentenced to a fine of
not more than $1,000 plus costs and, in default of payment of said
fine and costs, to a term of imprisonment not to exceed 30 days. Each
day that a violation of this Part continues or each section of this
Part which shall be found to have been violated shall constitute a
separate offense.
[Ord. 1994-5, 6/6/1994, § 302; as amended by Ord.
2002-7, 8/26/2002; by Ord. 2009-8, 12/7/2009; and by Ord. 2014-3, 9/2/2014]
1.
No person shall commit any of the following acts in relation to trees
on the tree lawns or property of the Borough of Forty Fort without
a previously obtained permit from the authorized officers of the Shade
Tree Commission or obtained permission from the Borough Council:
A.
Plant any tree.
B.
Plant any tree of a different species or variety or of a different
size or contrary to specifications as given on a permit.
C.
Spray or have sprayed any tree, or give any treatment whatsoever,
except that water or appropriate fertilizer or nutritional supplement
may be applied and usual garden cultivation given to soil.
D.
Attach any advertisement to any tree or tree guard.
E.
Attach anything to any tree or make use of it for any purpose contrary
to, and inconsistent with, the intent of a tree planted for shade
and ornament.
F.
Dig at a depth greater than one foot nearer than 12 times the diameter
of the trunk of any tree at base.
G.
Lay gas pipe within five feet of any tree.
2.
Any person, firm or corporation who shall violate any provision of
this Part, upon conviction thereof, shall be sentenced to a fine of
not more than $25 nor more than $1,000, plus costs, and, in default
of payment of said fine and costs, to a term of imprisonment not to
exceed 30 days. Each day that a violation of this Part continues or
each section of this Part which shall be found to have been violated
shall constitute a separate offense.
[Ord. 1994-5, 6/6/1994; as added by Ord. 2002-4, 7/1/2002;
as amended by Ord. 2008-1, 3/3/2008; by Ord. 2009-1, 2/2/2009; by
Ord. 2009-8, 12/7/2009; by Ord. 2012-6, 4/26/2012; and by Ord. 2014-3, 9/2/2014]
1.
No person may remove, prune, trim, or alter a tree in a tree lawn
or on Borough property without first applying for and obtaining a
permit. Upon receipt of an application fee in an amount set by resolution
of the Council, a pruning permit shall be issued. Before a permit
is issued to remove a tree, a deposit in an amount set by resolution
of the Council must be paid. The deposit, less administrative costs,
shall be refunded provided the tree is removed, the stump removed
or ground out, and a replacement tree planted. If the applicant cites
damaged sidewalks and/or sewer lines as a reason for removal, such
sidewalks and/or sewer lines must be repaired before the deposit is
refunded. All work must be completed within one year of approval of
a permit. Relief from the replacement requirement may be granted by
the Borough Council in cases involving the safety, health and welfare
of residents and/or the public.
[Amended by Ord. 2017-3, 6/5/2017]
2.
All pruning of trees in tree lawns and on Borough property shall
conform to the latest revision of the ANSI A300 Pruning Standards
— "Tree, Shrub, and Other Woody Plant Maintenance-Standard Practices."
All work must also conform to the latest revision of ANSI Z 133-1,
"Arboricultural Operations-Safety Requirements." A copy of this standard
[both standards (ANSI A300 and ANSI Z133.1)] is on file in the Borough
building.
3.
Final decisions made by the Shade Tree Commission can be overturned
by a majority vote of the Borough Council. A formal, written appeal
must be filed with the Borough Council within 30 days of the Shade
Tree Commission's decision.
A.
If the Council overturns the decision of the Shade Tree Commission
and gives permission to remove a tree, the resident, business or entity
must submit a deposit in an amount as established from time to time
by resolution of the Borough Council within 15 days of motion of the
Council. The deposit is returnable upon planting a new approved tree
in its place. The deposit will be returned upon review and approval
of the Shade Tree Commission or Code Enforcement Department.
B.
Failure to submit the deposit within the 15 days will result in automatic
revocation of permission to remove the tree.
C.
If the person, business or entity requesting to remove a shade tree
cites heaving or damaged sidewalks, cracked or damaged sewer lines,
and/or other property damage, they must also complete those repairs,
with the proper permits, within one year of the Council's overturning
of the Shade Tree Commission's decision. Failure to make the
repairs will result in citations (which may be daily if permissible
by ordinance) immediately following the lapsing of one calendar year.
D.
Grinding out or removal of the stump is also required as part of
the permission to remove a shade tree. Failure to do this will result
in the enforcement of the penalty portion of this Part.
E.
If a tree is not planted within one year of the Council's permission,
the deposit shall remain the property of the Borough. The Borough
will then select a suitable tree and use some or all of the deposit
to purchase and plant an approved tree.
F.
Failure to follow deposit requirements will result in enforcement
of the penalty portion of this Part.
G.
Any person, business or entity receiving permission from the Shade
Tree Commission to remove a tree is required to remove and/or grind
out the stump (within 30 days of removing a tree). Failure to do so
will result in a citation and fine as established by Ord. 2008-1.
Upon failure of the applicant to do so, the Borough shall remove or
grind out the stump, and all associated costs will be billed to the
applicant. In default of payment of these costs, a lien shall be placed
against the property bordering the tree lawn from which the tree was
removed.
H.
Any person, business or entity that is having a tree removed by a
utility company is responsible for the removal and/or grinding out
of the stump. Failure to do so will result in a citation and fine
as established by Ord. 2008-1 and removal of the stump by the Borough.
All costs of removing and/or grinding out the stump will be billed
to the owner of the property bordering the tree lawn from which the
tree was removed. In default of payment of these costs, a lien shall
be placed against the property.
I.
The Borough may cost-share the removal of a tree in a tree lawn,
if approved by the Shade Tree Commission, up to $100, if Borough funds
are available. Reimbursement will be made upon submission of an actual
bill prior to the next regularly scheduled meeting of the Council.
The Borough reserves the right to reject any and all requests for
cost-sharing.
[Amended by Ord. 2017-3, 6/5/2017]
5.
Enforcement. This Part shall be enforced by the Police Department
and/or the Code Enforcement Department in conjunction with the Shade
Tree Commission.
6.
Violation and Penalty. Any person, firm or corporation who shall
violate any provision of this Part, upon conviction thereof, shall
be sentenced to a fine of not more than $1,000, plus costs, and, in
default of payment of said fine and costs, to a term of imprisonment
not to exceed 30 days. Each day that a violation of this Part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense. All penalties or assessments
imposed under this section shall be paid to the Borough Treasurer,
to be placed to the credit of the Commission, subject to being drawn
upon by the Commission for the purposes of the preceding sections
of this Part.
