[HISTORY: Adopted by the Borough Council of the Borough of
Bath as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-1-2013 by Ord.
No. 2013-630]
The following words and phrases, when used in this article,
shall have the meaning hereby ascribed to them, except in those instances
where the context already indicates a different meaning:
A park or play area owned or leased by the Borough of Bath
and dedicated to public use as a recreational area.
Any natural person, firm, association, partnership or corporation.
Any area, whether attached to a park or not, which is owned
or leased or maintained by the Borough of Bath for recreational purposes,
such as public parks, parkways and playgrounds, playfields, swimming
pools, public baths, bathing places indoor recreation centers, gymnasiums
or other areas intended for recreational public use.
Any tree, shrub or other woody plant within the right-of-way
of any public highway in the Borough of Bath, in any park or recreational
area owned or leased by the Borough of Bath, or that part of any tree,
shrub or other woody plant which extends within the right-of-way lines
of any public highway, walkway, or thoroughfare.
A.Â
Borough Council shall have the power to provide, maintain, and regulate
recreation places within the Borough limits or in any adjacent municipal
corporation if the other municipal corporation shall, by ordinance,
signify its consent thereto, pursuant to Section 2701 of Article XXVII
of the Borough Code (reenacted May 17, 2012, P.L. 262, No. 43).[2]
[2]
Editor's Note: See 8 Pa.C.S.A. § 2701.
B.Â
Borough Council, or its designated appointee, shall have the exclusive
authority concerning the equipping, management, maintenance and scheduling
of use of all recreation places within the Borough of Bath. Expansion
of recreation places shall be determined at the discretion of only
Borough Council via resolution or ordinance where required by law.
C.Â
Borough Council shall hold all powers pertaining to recreation places
as described in Sections 2701, 2702, 2703, 2708, 2709, 2710 and 2713
in Article XXVII of the Borough Code (reenacted May 17, 2012 P.L.
262, No. 43).[3]
[3]
Editor's Note: See 8 Pa.C.S.A. §§ 2701, 2702,
2703, 2708, 2709, 2710, and 2713, respectively.
A.Â
Borough Council shall have the exclusive authority of the care, custody
and control of shade trees within the Borough of Bath. Council may
from time to time and at its sole discretion, plant, transplant, remove,
maintain and protect shade trees on any public highway, walkway, or
thoroughfare. Trees whose branches and roots extend into the public
right-of-way of such highways, walkways or thoroughfares or whose
existence is determined to be a menace or nuisance to the usage of
such are subject to the same. Council reserves the right to employ
and pay persons as it sees necessary for the care and protection of
shade trees within the Borough of Bath.
B.Â
Trees, roots, or branches located a distance of at least 12 feet
behind the curbline or behind the sidewalk shall be deemed to be on
private property.
C.Â
Borough Council shall enact all regulations as they determine necessary
in order to allow for the proper care and protection of shade trees
located on public property owned or leased by the Borough and trees
extending into the right-of-way of a public highway, walkway or thoroughfare,
above and below the surface of the earth. Borough Council, or its
designated appointee, shall enforce the regulations as pertaining
to shade trees within the Borough of Bath.
A.Â
Borough Council may acquire, by purchase, gift, or lease, and hold
tracts of land covered with forest tree growth or suitable for the
growth of trees, and administer the same in accordance with the practices
and principles of scientific forestry, for the benefit of the Borough
of Bath. Such tracts may be of any size suitable for the purpose and
may be located within or without the Borough of Bath limits, pursuant
to Section 2751 of Article XXVII of the Borough Code (reenacted May
17, 2012, P.L.262, No. 43).[1]
[1]
Editor's Note: See 8 Pa.C.S.A. § 2751.
B.Â
Borough Council shall hold all powers pertaining to forests as described
in Sections 2751, 2753, 2754, 2755, 2756, 2757, 2758 and 2759 in Article
XXVII of the Borough Code (reenacted May 17, 2012 P.L.262, No. 43).[2]
[2]
Editor's Note: See 8 Pa.C.S.A. §§ 2751, 2753,
2754, 2755, 2756, 2757, 2758 and 2759, respectively.
A.Â
Council will, during its biennial reorganization, designate three
Council members to serve as members of the Parks and Recreation Committee
of Borough Council. The term of the appointment, subject to change
by an act of Borough Council or by formal written resignation of the
Committee member at any time, shall commence from the biennial reorganization
meeting through to the duration of the next biennial reorganization
meeting. One member of the Council shall be designated as Chairperson,
as determined by Borough Council.
B.Â
The Parks and Recreation Committee of Borough Council shall make recommendations to the Borough Council for the equipping, maintenance, scheduling of use and expansion of all recreation places under the control of the Borough of Bath. Borough Council will take these recommendations under consideration and then take action in accordance with §§ 604-3, 604-4 and 604-5, as deemed necessary.
C.Â
The Committee shall recommend Park Rules to the Borough Council for adoption and posting at recreation places under control of the Borough of Bath. Borough Council will take these recommendations under consideration and then take action in accordance with §§ 604-3, 604-4 and 604-5, as deemed necessary.
D.Â
The Chairperson shall be responsible to report to the Borough Manager
any information which may require discussion at a monthly Borough
Council Meeting for the purpose of placing the item(s) on the agenda.
The item(s) must be submitted to the Borough Manager at least one
week prior to the scheduled Borough Council Meeting.
A.Â
No person shall plant, cut down or remove any shade tree under the
jurisdiction of the Borough Council, or fasten any sign, wire, rope
or other materials to, around or through any such shade tree, or deposit,
place, store or maintain any stone, brick, sand, concrete or other
material which may impede the free passage of water, air or fertilizer
to the roots of any such shade tree, unless he or she shall first
obtain permission from the Borough Council to do so.
B.Â
Exception: newly planted trees may be guyed to provide stability
during the first growing season.
In the event of a shade tree being damaged, Borough Council
may make a charge for repairs to the tree, plus the devaluation of
the tree, against the person causing the damage to said tree. In the
event of a shade tree being destroyed by any person, the Borough Council
may make a charge for the appraised value of the tree, plus the cost
of removal and replacement thereof, against the person causing the
destruction of said tree. Such payments must be made to the Borough
of Bath Treasurer.
A.Â
The owner of any property or parcel within the Borough of Bath shall
be responsible for the maintenance of all trees on the property, and
shall cause branches from any shade trees overhanging public highways,
walkways or thoroughfares within the Borough of Bath to be trimmed
so that they will not obstruct the light from any streetlight or obstruct
any traffic sign, traffic signal or traffic device, and so that there
shall be a clear height of 14 feet above the surface of the street
and 10 feet over the sidewalk. If any property owner shall neglect
or refuse to cause shade trees to be trimmed as required, the Borough
may cause such trimming to be done at the expense of the owner either
by Borough employees or a by a subcontractor.
A.Â
When any tree along public highways, walkways or thoroughfares within
the Borough of Bath or growing on private property but overhanging
any public highway, walkway or thoroughfare within the Borough of
Bath, in the opinion of the Borough Council or its designated appointee,
endangers the life, health, safety or property of the public, or is
affected by any contagious disease or insect infestation, it shall
be within the discretion of the Borough Council or its designated
appointee to determine what remedy is necessary and whether or not
such tree must be removed. The owner of the property shall be notified
in writing of the existence of the danger, disease or insect infestation
and shall be given reasonable time for removal of the same.
B.Â
If a dangerous, diseased or infested tree is not removed or corrected within the allotted time by the property owner, the Borough Council shall cause to be corrected or the tree removed, and the costs thereof shall be assessed to the property owner. Where this amount is not voluntarily paid to the Borough Treasurer by the property owner, the Borough Council or its designated appointee shall initiate a civil enforcement proceeding as set forth in § 604-11.
No shade tree shall be planted on any public highway, walkway
or thoroughfare in the Borough of Bath within 12 feet of the cartway
where curbs have not been constructed. Where no curb exists, setback
footage should be specified stating footage behind proposed curbline
where trees may be planted. In no case shall this distance be less
than 12 feet. The location of the proposed curbline shall be determined
solely by the Borough Engineer designated by Borough Council. Further,
no trees shall be planted, either new or by replacement of an existing,
in the grass area between the curb and sidewalk.
A.Â
Any person, firm or corporation who shall violate any provision of
this chapter is subject to the penalties pursuant to the procedures
described in Section 3321 of the Borough Code (reenacted May 17, 2012
P.L. 262, No. 43).[1] The Borough shall initiate a civil enforcement proceeding
before a Magisterial District Judge. The civil enforcement proceeding
shall be initiated by complaint or by such other means as may be provided
by the Pennsylvania Rules of Civil Procedure. Penalties are not to
exceed $600 per violation.
[1]
Editor's Note: See 8 Pa.C.S.A. § 3321.
B.Â
Any person, firm or corporation found guilty of violating an ordinance
may be assessed court costs and reasonable attorney fees incurred
by the Borough of Bath during in the enforcement proceedings.
C.Â
Borough Council reserves the right to delegate the initial determination
of ordinance violation and the service of notice of violation to such
officers or agents as the Borough shall deem qualified for that purpose.
A.Â
Large trees. Recommended for shade trees within the right-of-way
of public highways in the Borough of Bath and Borough recreation places.
(Note: Not suitable to be planted under overhead utility lines.)
Name
|
Size
|
Growth Rate
|
Light
|
Soil
|
Fall Color
|
Wildlife Benefit
|
---|---|---|---|---|---|---|
Red Maple (Acer rubrum)
• Red Sunset
• October Glory
|
40 to 60H x 40 to 60W
|
Medium to fast
10 to 12 feet in 5 to 7 years
|
Sun/part shade
|
Moist
|
Yes
|
Food source: fruits and young shoots
|
Sugar Maple (Acer saccharum)
|
60 to 75H x 40 to 50W
|
Slow
|
Sun/part shade
|
Well drained
|
Yes
|
Food source: seeds and twigs
|
Armstrong Freeman Maple
|
50 to 70H x 50 to 20W
|
Fast
|
Sun/part shade
|
Well drained
|
Yes
|
Food source: seeds and twigs
|
Burr Oak (Quercus macrocarpa)
|
70 to 80H x 70 to 80W
|
Slow
15 to 20 feet over 20 years
|
Full sun
|
Wet/dry
|
Food source: acorns and twigs
| |
Chestnut Oak (Quercus prinus)
|
60 to 70H x 60 to 70W
|
Medium to fast
12 to 15 feet over 7 to 10 years
|
Sun/partial shade
|
Well drained drought tolerant
|
Yes
|
Food source: acorns and twigs
|
Saw Tooth Oak (Quercus acutissima)
|
35 to 45H x 35 to 45W
|
Medium
16 feet in 32 years
|
Sun
|
Well drained
|
Food source: acorns and twigs
| |
Swamp White Oak (Quercus bicolor)
|
50 to 60H x 50 to 60W
|
Slow to medium
12 to 15 feet over 10 to 12 years
|
Sun/partial shade
|
Drought tolerant
|
Yes
|
Food source: acorns and twigs
|
Willow Oak (Quercus phellos)
|
40 to 60H x 30 to 40W
|
Medium
1 to 2 feet per year
|
Full sun
|
Wet-dry
|
Food source: acorns and twigs
| |
American Linden (Tilia americana)
|
60 to 80H x 40 to 60W
|
Medium
20 to 30 feet over 30 years
|
Sun/partial shade
|
Moist, well drained
|
Food source: twigs, seeds and nectar
| |
Silver Linden (Tilia tomentosa)
|
50 to 70H x 30 to 50W
|
Medium
10 to 15 feet over 5 to 10 years
|
Full sun
|
Moist, well drained
|
Food source: twigs, seeds and nectar
| |
Sweetgum (Liquidambar styraciflua - Rotundiloba)
|
60 to 75H x 40 to 59W
|
Medium to fast
20 feet over 20 years
|
Full sun
|
Moist, well drained
|
Yes
|
Food source: seeds
|
Cucumber Magnolia (Magnolia acuminate)
|
50 to 80H x 50 to 80W
|
Medium to fast
10 to 15 feet over 6 years
|
Full sun/partial shade
|
Moist, well drained
|
Food source: seeds
| |
American Elm Hybrids (Ulmus americana)
|
60 to 80H x 30 to 50W
|
Medium to fast
10 to 12 feet over 5 years
|
Sun
|
Moist-dry
|
Yes
|
Food source: seeds and twigs
|
Sycamore (Platanus occidentalis, Platanus x acerifolia)
|
75 to 100H x 75 to 100W
|
Medium to fast
2 feet per year
|
Full sun/light shade
|
Moist
| ||
Bald Cypress (Taxodium distichum)
|
50 to 70H x 20 to 30W
|
Medium
50 to 70 feet over 30 to 50 years
|
Full sun
|
Wet-dry
|
Yes
| |
Dawn Redwood (Metasequoia glyptostroboides)
|
70 to 100H x 25W
|
Fast
50 feet over 15 to 20 years
|
Full sun
|
Wet-dry
|
Yes
| |
Hackberry (Celtis occidentalis)
|
40 to 60H x 40 to 60W
|
Medium to fast
20 to 30 feet over 10 to 15 years
|
Sun
|
Wet-dry
|
Food source: fruits and twigs; shelter and nesting
sites
|
B.Â
Medium-small trees. Recommended for shade trees within the right-of-way
of public highways in the Borough of Bath and Borough recreation places.
(Note: Not suitable to be planted under overhead utility lines without
prior approval by Borough Council of the Borough of Bath.)
Name
|
Size
|
Growth Rate
|
Light
|
Soil
|
Fall Color
|
Wildlife Benefit
|
---|---|---|---|---|---|---|
Chanticleer Pear (Pyrus calleryana)
|
35 to 40H x 16 to 25W
|
Slow
|
Sun
|
Wet-dry
|
Food source: fruit, buds
| |
Sassafras (Sassafras albidum)
|
30 to 60H x 25 to 40W
|
Medium to fast
10 to 12 feet over 5 to 8 years
|
Full sun/light shade
|
Moist, well drained
|
Yes
|
Food source: twigs and fruit
|
River Birch (Betula nigra)
|
40 to 70H x 40 to 46W
|
Medium to fast
30 to 40 feet over 20 years
|
Sun
|
Moist
|
Food source: buds, seeds, leaves and twigs
| |
American Hornbeam (Carpinus caroliniana)
|
20 to 30H x 20 to 30W
|
Slow
8 to 10 feet over 10 years
|
Sun/shade
|
Wet-dry
|
Yes
|
Food source: buds, seeds, leaves and twigs
|
European Hornbeam (Carpinus betula)
|
40 to 60H x 30 to 40W
|
Slow to medium
10 feet over 10 years
|
Sun/light shade
|
Well drained
|
Food source: catkins, buds, seeds, leaves and twigs
| |
American Hophornbeam, Ironwood (Ostrya virginiana)
|
25 to 40H x 20 to 30W
|
Slow
10 feet to 15 feet over 15 years
|
Full sun/shade
|
Well drained dry
|
Food source: buds, catkins and seeds
| |
Tartarian Maple (Acer tataricum)
|
15 to 20H x 15 to 20W
|
Slow to medium
|
Full sun/light shade
|
Drought tolerant
|
Variable
| |
Amur Maple (Acer ginnala)
|
15 to 18H x 15 to 18W
|
Slow
12 to 20 feet over 10 to 20 years
|
Full sun/light shade
|
Moist, well drained
|
Variable
| |
Hedge Maple (Acer campestre)
|
25 to 45H x 25 to 45W
|
Slow
10 to 14 feet over 10 to 15 years
|
Full sun/light shade
|
Wet-dry
|
Variable
| |
Trident Maple (Acer buergeranum)
|
20 to 25H x 20 to 25W
|
Slow to medium
|
Full sun
|
Drought tolerant
|
Yes
| |
Paperbark Maple (Acer griseum)
|
20 to 30H x 10 to 15W
|
Slow
6 to 12 inches over 10 to 15 years
|
Full sun
|
Moist, well drained
|
Variable
|
C.Â
Flowering trees. Recommended for shade trees within the right-of-way
of public highways in the Borough of Bath with prior approval of Borough
Council; recommended within Borough recreation places. (Note: Suitable
to be planted under overhead utility lines.)
Name
|
Size
|
Growth Rate
|
Light
|
Soil
|
Fall Color
|
Wildlife Benefit
|
---|---|---|---|---|---|---|
Serviceberry, Shadbush (Amelanchier canadensis/ laevis,
arborea)
|
15 to 25H
|
Medium
9 to 10 over 5 to 8 years
|
Sun/partial shade
|
Moist, well drained
|
Yes
|
Food source: fruits, twigs and leaves
|
Sweetbay Magnolia (Magnolia virginiana)
|
10 to 20H x 10 to 20W
|
Medium to fast
|
Sun/partial shade
|
Moist
| ||
Cockspur Hawthorn (Craetagus crusgalli)
|
20 to 30H x 20 to 35W
|
Slow to medium
10 to 14 feet over 6 to 10 years
|
Sun
|
Well drained
|
Yes
| |
Eastern Redbud (Cercis canadensis)
|
20 to 30H x 25 to 35W
|
Medium
7 to 10 over 5 to 6 years
|
Full sun/light shade
|
Moist, well drained - adaptable
|
Food source: seeds, foliage and flower pollen for honeybees
| |
Pagoda Dogwood (Cornus alternifolia)
|
15 to 25H x 20 to 30W
|
Slow after planting, medium when established
|
Partial shade
|
Moist, well drained
|
Food source: fruit
| |
Cornelian Cherry Dogwood (Cornus mas)
|
20 to 25H x 15 to 20W
|
Medium
|
Sun/partial shade
|
Moist, well drained/dry
|
Food source: fruit
| |
Japanese Dogwood (Cornus kousa)
|
20 to 30H x 20 to 30W
|
Slow
|
Sun
|
Moist, well drained/dry
|
Yes
|
Food source: fruit
|
White Dogwood (Cornus florida)
|
25 to 30H x 20 to 30W
|
Slow
|
Sun
|
Most, well drained/dry
|
Yes
|
Food source: fruit
|
Flowering Crabapple (Malus Numerous Cultivars)
|
15 to 25H x 25 to 30W
|
Slow
|
Sun
|
Moist, well drained
|
Yes
|
Food source: fruit
|
Japanese Stewartia (Stewartia pseudocamila)
|
20 to 40H x 10 to 15W
|
Slow
|
Sun
|
Moist
|
Yes
| |
Japanese Snowbell (Styrax japonica)
|
20 to 30H x 20 to 30W
|
Medium
9 to 10 feet over 7 to 10 years
|
Full sun/partial shade
|
Moist, well drained
| ||
Tree Lilac (Syringa reticulata)
|
20 to 30H x 15 to 25W
|
Medium
9 to 12 feet over 6 to 8 years
|
Full sun
|
Well drained
| ||
Sargent Cherry (Prunus sargentii)
|
20 to 30H x 20 to 30W
|
Medium
|
Full sun
|
Well drained
|
Yes
|
Food source: fruit
|
Native Eastern Redbud
|
20 to 30H 20 to 30W
|
Slow
|
Full sun
|
Well drained
|
Yes
|
Food source: fruit and Twigs
|
D.Â
Evergreen trees. Recommended for shade trees within Borough recreation
places. (Note: Not suitable to be planted under overhead utility lines.)
Name
|
Size
|
Growth Rate
|
Light
|
Soil
|
Fall Color
|
Wildlife Benefit
|
---|---|---|---|---|---|---|
Eastern Redcedar (Juniperus virginiana)
|
40 to 50H x 8 to 20W
|
Medium
|
Sun
|
Well drained - tolerant of adverse conditions
| ||
Fraser Fir (Abies fraseri)
|
30 to 40H x 20 to 25W
|
Slow
|
Sun/partial shade
|
Moist, well drained
| ||
Japanese Cryptomeria (Cryptomeria japonica)
|
50 to 60H x 20 to 30W
|
Medium
50 to 60 feet over 30 to 40 years
|
Full sun
|
Moist, well drained
| ||
American Holly (Ilex opaca)
|
40 to 50H x 18 to 40W
|
Slow
|
Full sun/partial shade
|
Well drained
|
Food source: fruit
| |
Foster's Hybrid Hollies (Ilex x attenuta 'Fosteri')
|
20 to 30H x 10 to 15W
|
Slow - medium
|
Full sun/partial shade
|
Moist, well drained
|
Food source: fruit
| |
Swiss Stone Pine (Pinus cembra)
|
30 to 40H x 15 to 25W
|
Medium
|
Full sun
|
Well drained
|
Food source: seeds
| |
Lacebark Pine (Pinus bungeana)
|
30 to 50H x 20 to 35W
|
Slow
|
Sun
|
Well drained
|
Food source: seeds
|
E.Â
Unacceptable trees. (Note: Due to weak wood, soil incompatibility,
excessive fruit, noxious odor.)
Name
|
---|
Ash (American or White)
(Fraxinus americana, Fraxinus mandshurica)
|
Beech
(Fagus hayatae, Fagus longipetiolata, Fagus grandifolia, Mexican
Beech, Fagus sylvatica)
|
Black Locust
(Robinia pseudoacacia)
|
Black Walnut
(Juglans nigra)
|
Boxelder (Acer negundo)
|
Catalpa
(Catalpa spp.)
|
Bradford pear
(Pyrus calleryana "Bradford')
|
Fruit trees (apple, pear, plum, etc.)
|
Ginkgo, female and male
(Ginkgo biloba)
|
Goldenrain Tree
(Koelreuteria paniculata)
|
Honeylocust, thorned (Gleditsia tricanthos)
|
Norway maple
(Acer platanoides)
|
Mulberry (Morus spp.)
|
Pin Oak
(Quercus palustisi)
|
Poplars
(Populus spp.)
|
Siberian elm
(Ulmus pumila)
|
Silver maple
(Acer saccharinum)
|
Tree of Heaven
(Ailanthus altissima)
|
Willow
(Salix spp.)
|
F.Â
Other species. Planting of other species may be acceptable pending
approval of the Borough Council of the Borough of Bath.