[HISTORY: Adopted by the Borough Council of the Borough of
New Britain 4-12-2017 by Ord. No.
379. Amendments noted where applicable.]
This chapter shall be known as the "Shade Tree Ordinance of
the Borough of New Britain."
The following definitions shall apply to this chapter:
The Borough of New Britain, Bucks County, Pennsylvania.
The Borough Council of the Borough of New Britain, Bucks
County, Pennsylvania.
The Shade Tree Commission of the Borough of New Britain,
Bucks County, Pennsylvania.
The area of any public street, road, highway, sidewalk, or
other publicly held thoroughfare within the corporate limits of the
Borough that has been designated by law as a public right-of-way.
Any, tree, shrub, or other woody plant, which is planted
in any right-of-way or has at least 1/2 of trunk, branches or roots
extending into any right-of-way.
The Borough recognizes that properly planted, maintained and
protected shade trees add to the aesthetics and health and welfare
of the citizens of the Borough. Therefore, it shall be the intent
of this chapter to establish a Shade Tree Commission for the Borough,
define the mission and enumerate the powers and duties 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.
A.
A Shade
Tree Commission is hereby established. The Commission shall consist
of five members who are citizens of the Borough, appointed to serve
five-year terms by Borough Council. Borough Council may also appoint
a liaison to the Commission, who shall have no voting power. No Borough
Council member may serve as a member of the Commission.
B.
The Shade
Tree Commission shall serve as an advisory panel to Borough Council
when called upon by Borough Council on all Borough matters having
an impact on the Borough's shade trees.
C.
The Shade
Tree Commission shall have the power to establish shade tree regulations,
including standards for the pruning and planting of shade trees in
the Borough, subject to the approval of Borough Council.
D.
The Shade
Tree Commission shall have the power to create a list of shade trees
to be planted within the Borough. Every shade tree planted, or replanted,
in the Borough shall be chosen from the shade tree list, unless a
waiver is obtained from Borough Council with the recommendation of
the Shade Tree Commission.
E.
The Shade
Tree Commission shall have the power to compile an inventory of existing
shade trees in the Borough.
F.
The Shade
Tree Commission shall have the power to create a community tree plan
and community tree education program.
G.
The Shade
Tree Commission shall coordinate with the Borough's Park and Recreation
Committee on the Borough's Arbor Day celebration, if any.
H.
The Shade
Tree Commission shall report directly to Borough Council on a monthly
basis at Borough Council's monthly general meeting, or more often
as the President of Borough Council shall direct. The Shade Tree Commission
shall provide a written report to the Borough Manager at least one
week prior to the regular Borough Council meeting.
I.
The Shade
Tree Commission may recommend to Borough Council the employment of
persons to make and enforce regulations for the care and protection
of shade trees in the Borough. The Shade Tree Commission itself has
no powers of employment and no expenditure power.
J.
The Shade
Tree Commission shall review all applications for subdivision and
land development, and shall make a recommendation to Borough Council
for approval or denial of the application on the basis of compliance
with the Borough's shade tree regulations.
K.
The Shade
Tree Commission shall have no power to regulate shade trees on Borough
property, within Borough parks, or within the Wilma Quinlan Nature
Preserve.
A.
The maintenance,
care or removal of any shade tree as defined herein, and required
compliance with any provision of this chapter shall be the responsibility
of the property owner on whose property the shade tree is located
or whose property abuts the right-of-way in which the shade tree is
located.
B.
Maintenance of shade trees within the public right-of-way shall occur in compliance with the Borough's shade tree regulations. Any person cutting, pruning, breaking, affixing a foreign object to, or in any way injuring a shade tree within the public right-of-way or violating the Borough's shade tree regulations, shall be subject to the penalties enumerated in § 350-7 hereof. The Shade Tree Commission upon notice of the violation shall notify Borough Council.
C.
No person
without first obtaining a permit from the Shade Tree Commission shall
plant a shade tree within any public right-of-way within the Borough.
D.
No person
without first obtaining a permit from the Shade Tree Commission shall
remove a shade tree within any public right-of-way within the Borough.
Shade trees shall be removed in their entirety, including the stump.
All shade trees removed from a public right-of-way shall be replaced.
Replacement of removed shade trees shall be a condition of the permit
for removal of a shade tree. In cases where the planting of a new
shade tree in place of the one removed would, in the judgment of the
Shade Tree Commission, prevent the necessary and reasonable use of
a street, sidewalk, abutting property, or the conduct of business,
the Shade Tree Commission may waive the replacement shade tree requirement,
provided that the responsible property owner agrees to pay the Borough
a fee-in-lieu in the amount of $300, or such other fee as may be set
by resolution of Borough Council, which sum shall be set aside by
the Borough and deposited into the Borough's Tree Fund.
E.
No persons,
without first obtaining a permit from the Shade Tree Commission, shall
prune or cut a shade tree within the public right-of-way. This section
shall not apply to public utilities operating pursuant to the provisions
of the Public Utility Code.[1]
[1]
Editor's Note: See 66 Pa.C.S.A. § 101 et seq.
F.
All shade
trees shall be kept trimmed to a minimum branching height of 10 feet,
except that the Shade Tree Commission may require greater height clearances
to avoid interference with traffic, traffic lights, street lights,
and other hazards.
G.
Whenever,
in the opinion of the Shade Tree Commission, a health or safety hazard
is caused by a shade tree, including shade trees affected by disease
or insect infestation, the Commission may issue a notice or order
to the responsible property owner directing the responsible property
owner to take action to correct the condition within 10 days of the
date of the notice or order. A copy of the notice or order shall be
provided to Borough Council. If after written notification, the responsible
property owner fails to take corrective action, the Shade Tree Commission
may recommend to Borough Council to have the required work accomplished
to remedy the health or safety hazard. Borough Council, should it
determine that the work shall be performed, shall perform the required
work to correct the health or safety condition and the Borough 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.
Fees for permits shall be set from time to time by resolution
of Borough Council.
Any person, firm or corporation who shall violate any provision
of this chapter shall upon conviction thereof be guilty of a summary
offense, and may be sentenced to pay a fine of not more than $600
and costs, and/or undergo imprisonment not to exceed 90 days. Every
day that a violation of this chapter continues shall constitute a
separate offense.