[Ord. 3/12/1990, Art. I]
The owner or owners of any lot or lots of land located in the
Borough of Wyoming and fronting or abutting upon any street or public
alley along and through wherein there is or hereafter shall be constructed
any public sewer, in front or upon which lot there is now or shall
hereafter be growing any tree or trees, shall within 10 days after
written or printed notice from the Borough Council so to do, caused
to be cut down and removed any and all such trees and the further
growth thereof prevented.
[Ord. 3/12/1990, Art. I]
If any owner or owners of any lot or lots of land in the Borough shall fail, neglect or refuse, within the time limit specified in the notice served upon such owner or owners, as specified in § 25-101, to cut down and remove any tree or trees, the Borough Council may cause such tree or trees to be removed and may collect the cost of such removal, with then 10% added from such owner or owners in default.
[Ord. 3/12/1990, Art. I]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a magisterial district judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not less than $50 nor more than
$1,000 plus costs together with reasonable attorney fees and, in default
of payment of said fine and costs, to a term of imprisonment not to
exceed 90 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. 3/12/1990, Art. II]
A Shade Tree Commission is hereby established in accordance
with the and pursuant to the Borough Code, 53 P.S. § 45101
et seq.
[Ord. 3/12/1990, Art. II]
1.
COMMISSION
PERMIT
PERSON
PUBLIC HIGHWAY
SECRETARY
SHADE TREE
The following words and phrases, when used in this Part, shall have
the meanings hereby ascribed to them, except in those instances where
the context clearly indicates a different meaning.
The Shade Tree Commission of the Borough of Wyoming.
Any permit, in writing, as issued by the Secretary of the
Shade Tree Commission.
Any natural person, firm, association, partnership or corporation.
Any street, sidewalk or alley open to the public and shall
include the area between the curb and the sidewalk known as the "tree
lawn."
The Secretary of the Shade Tree Commission.
Any tree, shrub or other woody plant on any public highway
in the Borough of Wyoming or that part of any tree, shrub or other
wood plant which extends within the lines of any public highway.
2.
Word Usage. In this Part, the singular shall include the plural and
the masculine shall include the feminine.
[Ord. 3/12/1990, Art. II]
The Commission shall have exclusive custody and control of the
shade trees in the Borough of Wyoming and is authorized to plant,
maintain and protect shade trees on the public highways in the Borough.
[Ord. 3/12/1990, Art. II]
The application for any permit required hereunder shall be made
in writing to the Secretary of the Shade Tree Commission. It shall
specify the particular kind of work or operation the applicant desires
to perform thereunder and shall state the exact location, size and
species of any tree affected. It shall be the duty of the Secretary
to submit every such application promptly to the Commission for approval
or disapproval. The Shade Tree Commission shall hold a public hearing
for each application for a permit within a reasonable time after the
application is submitted to the Commission. The Commission shall in
each case determine, and such time shall be indicated on the permit.
Any such permit may be revoked at any time upon proof satisfactory
to the Commission that any of the terms or conditions upon which such
permit was issued are or have been violated. The Commission, in its
discretion, may, as condition precedent to the issuance of the permit,
require the applicant to file a bond satisfactory to the Commission
or to deposit security satisfactory to it to guarantee the compliance
by the applicant with the terms and conditions upon which such permit
is issued. Permits may be issued to public utilities on an annual
basis with the approval of the Commission required as to specific
trees or specific streets.
[Ord. 3/12/1990, Art. II]
No persons shall plant any shade tree in the Borough of Wyoming
until such a permit therefor is granted, such permit to designate
where such tree is to be planted as well as its species and size.
The Commission may refuse a permit to plant any species or size of
tree which, in its opinion, is not suited to the location.
[Ord. 3/12/1990, Art. II]
All shade trees planted in and among any of the public highways
in the Borough of Wyoming shall be set so as to from, as nearly as
possible, a straight and uniform line with the other shade trees growing
upon the same highway. Said trees shall be planted or set from 25
to 30 feet apart where practicable, and shall be sound, straight and
symmetrical. Every such tree shall be planted in a pin at least three
feet square filled with good topsoil otherwise enriched and shall
have an open space of ground outside the trunk of said tree with an
area where practicable, or not less than four feet square for the
free entrance of water and air to the roots thereof. In order to secure
uniformity and best results, all shade trees hereafter planted in
or along any of the public highways in the Borough shall be trees
authorized by the Commission.
[Ord. 3/12/1990, Art. II]
1.
In addition to trimming performed by public utilities, all shade
trees shall be kept trimmed by the owner of the property on or in
front of which they are located:
A.
So as not to interfere with the proper lighting or public highways
by the streetlights.
B.
So that the minimum clearance of any public highway of any overhanging
portion thereof shall be 12 feet. The Commission shall have the authority
to designate a higher clearance on any public highway where heavy
traffic or other condition makes it expedient.
2.
If any property owner shall neglect or refuse to trim any shade tree
as required upon notice in writing by the Commission, within the time
limit specified in such notice the Commission may cause such trimming
to be done at the expense of such owner, and the entire costs thereof
shall be a lien upon said premises, and a claim therefor shall be
filed and collected by the Borough Solicitor in the same manner as
municipal claims are filed and collected.
[Ord. 3/12/1990, Art. II]
No person shall, without first obtaining a permit therefor,
cut, break, climb with spurs, injure in any manner or remove any shade
tree; or cut down or interfere in any way with the main roots of any
shade tree; or spray any shade tree with any chemical or insecticide;
or place any rope, guy wire, cable, sign, poser or any other fixture
on any shade tree or guard for any shade tree; or injure, misuse or
remove any device placed to protect any shade tree, except in case
of immediate necessity for the protection of life and property.
[Ord. 3/12/1990, Art. II]
No person shall, without first obtaining a permit, place or
hereafter maintain any stone, cement or any other substance which
shall impede the passage of water and air to the roots of any shade
tree unless such persons shall have an open space of ground surrounding
the trunk of such tree, such space to be not less than four feet square.
[Ord. 3/12/1990, Art. II]
In connection with any building operation or the performance
of any work whatsoever in the Borough in the vicinity of any shade
tree, before any work shall be commenced, guards shall be placed at
all shade trees which might be affected by such work so as effectually
to prevent injury to them.
[Ord. 3/12/1990, Art. II]
No person shall pour salt water, oil or any other material at
any place in such a manner that injury might result to any shade tree.
[Ord. 3/12/1990, Art. II]
No person shall, without first having obtained a permit therefor,
attach any electric wire, insulator or any device for the holding
of any electric wire to any shade tree.
[Ord. 3/12/1990, Art. II]
Every person having any wire charged with electricity running
along or through a public highway shall securely fasten such wire
or place an adequate shield thereon, so that such wire shall not come
into contact with any shade tree, so as not to injure the same.
[Ord. 3/12/1990, Art. II]
Whenever, in order to take down or prune any shade tree in any
public highway or having branches extending over any public highway,
it shall be deemed necessary to remove any wire running through or
along such public highway, the public utility involved shall be notified
and shall promptly do the necessary work to take down or prune the
tree.
[Ord. 3/12/1990, Art. II]
The Commission may, upon 30 days' notice require owners
of property to cut and remove dead trees and trees afflicted with
the Dutch Elm or other disease which threatens to injure or destroy
shade trees in the Borough or such trees that constitute a hazard
to life, property or harbor insects or disease which constitute a
potential threat to other-trees in the Borough. Upon failure of any
owner to comply with such notice, the Borough may cause the work to
be done by the Borough and levy and collect all or any portion of
the cost thereof from the owner of the property. The costs of such
work shall be a lien upon the premises from the time of the commencement
of the work, which date shall be fixed by the Borough Engineer and
shall be filed with the Borough Secretary. Any such lien may be collected
by action in assumpsit or by lien filed in the manner provided by
law for the filing and collection of municipal claims.
[Ord. 3/12/1990, Art. II]
It shall be unlawful as a normal practice for any person, firm
or Borough department to top any street tree, park tree or other tree
on public property or any shade tree. "Topping" is defined as the
severe cutting back of limbs within the tree's crown to such
a degree so as to remove the normal canopy and disfigure the tree.
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 this chapter only at the determination
of the Borough Shade Tree Commission.
[Ord. 3/12/1990, Art. II]
All stumps of shade trees shall be removed below the surface
of the ground so that the top of the stump shall not project above
the surface of the ground.
[Ord. 3/12/1990, Art. II]
It shall be unlawful for any person to prevent, delay or interfere
with the Borough Shade Tree Committee, or any of its agents while
engaging in and about the planting, cultivation, mulching, pruning,
spraying or removing of any shade tree as authorized by this Part.
[Ord. 3/12/1990, Art. II; as amended by A.O.]
It shall be unlawful for any person or firm to engage in the
business or occupation of pruning, treating or removing shade trees
within the Borough without first applying for and procuring a license.
The license fee shall be in an amount as established, from time to
time, by resolution of the Borough Council annually in advance; provided,
however, that no license shall be required of public service endeavors.
Before any license shall be issued, each applicant shall first file
evidence of possession of liability insurance in the minimum amounts
of $500,000 for bodily injury and $250,000 for property damage indemnifying
the Borough or any person or persons injured or property damaged resulting
from the pursuit of such endeavors as herein described.
[Ord. 3/12/1990, Art. II]
This Part shall be enforced by the Commission in conjunction
with the Mayor and Borough Police.
[Ord. 3/12/1990, Art. II]
1.
The Commission shall have the authority in its sole discretion to
require any owner or person who receives a permit to remove or cut
down a tree to replace said tree with the planting of a suitable tree
in a species and of a size as approved by the Commission within a
reasonable period of time as mandated by the Commission. The Commission,
in its sole discretion, may make the granting of a permit to remove
or cut down a tree contingent upon the replacement of said tree as
mandated by the Commission, and may make the requirement of replacing
said tree a part of and provision of the granting of any permit to
remove or cut down a tree. The Commission, in its sole discretion,
further has the authority to direct and order any owner or person
to replace a tree that has been direct and order any owner or person
to replace a tree that has been removed or cut down by any owner or
person whether or not pursuant to a permit, and the Commission further
has the authority in its sole discretion to direct and order any owner
or person to replace a tree that has been removed or cut down pursuant
to any directives or orders of the Commission or the Wyoming Borough
Council, and the Commission further has the authority in its sole
discretion to direct and order any owner or person to replace a tree
that has by virtue of an accident, Act of God, weather or other unforeseen
reasons, died, become diseased or been knocked down or destroyed.
2.
If the owner or owners of any lot or lots of land in the Borough
shall fail, neglect or refuse within the time limit specified in any
notice of permit served upon such owner or owners, to replace any
tree with a suitable tree as approved by the Commission, the Borough
Council, in addition to any remedies or penalties, available for violation
of provisions of this Part, may cause such tree or trees to be replaced
and shall levy and collect any portion of the cost thereof from the
owner or owners of the property. The costs of such replacement tree
and the work to replace said tree shall be a lien upon the premises
from the time of the commencement of the work, which date shall be
fixed by the Commission and shall be filed with the Borough Secretary.
Any such lien may be collected by a legal action or by a lien filed
in the manner provided by law for the filing and collection of the
municipal liens.
[Ord. 3/12/1990, Art. II; as amended by A.O.]
Any person who shall violate or fail to comply with any provisions
of this Part or this chapter or with any regulations or directives
of the Shade Tree Commission of Wyoming Borough shall be liable upon
conviction thereof, to a fine or penalty not less than $50 nor more
than $1,000 and cost of such proceeding, for each and every offense,
or upon default of payment of such fine and costs shall be imprisoned
in the county jail for not more than 30 days and whenever such person
shall have been notified by the Shade Tree Commission or by Service
of Summons in prosecution or in any other way that he is committing
such violations, each day in which he shall continue such violation
after any such notification shall constitute a separate offense punishable
by like fine or penalty. Such fines or penalties shall be collected
as prescribed by law.
[Ord. 3/12/1990, Art. II]
In case any one or more of the provisions of this Part shall
for any reason be held to be invalid, illegal or unenforceable in
any respect, such invalidity, illegality or unenforceability shall
not affect any other provisions thereof, and this Part shall be construed
as if such invalid, illegal or unenforceable provision had never been
contained herein.
