Borough of Narberth, PA Chapter 462 Trees

[HISTORY: Adopted by the Borough Council of the Borough of Narberth 11-18-1946 by Ord. No. 380 (Ch. 37, Art. II, of the 1986 Code). Amendments noted where applicable.]

§ 462-1 Custody and control of trees.

[Amended 9-8-1986 by Ord. No. 761]

The Shade Tree Commission of the Borough of Narberth shall have custody and control of the shade trees in and upon the public streets of the Borough and shall have authority to plant, transplant, remove, maintain and protect such trees.[1]

[1] Editor's Note: See also Ch. 134, Shade Tree Commission.

§ 462-2 Definitions.

[Amended 5-10-1948 by Ord. No. 387; 9-8-1986 by Ord. No. 761]

As used in this chapter, the following terms shall have the meanings indicated:

SHADE TREES

Any tree on any public street in said Borough or any tree or portion of a tree on private property which extends within the lines of any public street in the Borough.

§ 462-3 Cutting; spraying; attaching objects; protective devices.

It shall be unlawful for any person, without first obtaining a permit from the Shade Tree Commission, to cut, prune, break, climb with spurs, injure in any manner or remove any shade tree; to cut down or interfere in any way with the main roots of any shade tree; to spray any shade tree with any chemicals or insecticides; to place any rope, guy wire, cable, signs, posters or any fixtures on any shade tree or shade tree guard; or to damage, misuse or remove any device placed to protect shade trees, except in case of immediate necessity for protection of life or property.

§ 462-4 Planting, removal or transplanting.

[Amended 9-8-1986 by Ord. No. 761]

No tree shall be planted, transplanted or removed within the limits of any public street in the Borough except with approval of the Shade Tree Commission as evidenced by a permit granted therefor. Such permit shall designate the place where such tree is to be planted, transplanted or removed. The Shade Tree Commission may refuse a permit to plant or transplant any species of tree which, in its opinion, is not suited to the location.

§ 462-5 Trimming; clearance over walks and streets.

[Amended 9-8-1986 by Ord. No. 761[1]

All trees within the lines of any public street in the Borough shall be kept trimmed so that the minimum height over any public walk shall be nine feet and the minimum height over any public road or street shall be 14 feet; provided, however, that the Shade Tree Commission may designate a higher clearance on certain streets where heavy traffic or other conditions make it expedient. All trees standing on private property and not within the lines of the public street, but having branches projecting over a public street or walk, shall be trimmed so that the lowest clearance shall be nine feet and 14 feet for the walk and roadway, respectively, or such other height as may be specified by the Shade Tree Commission.

[1] Editor's Note: This ordinance also repealed original § 6, which immediately followed this section and pertained to payment of costs of trimming and pruning trees.

§ 462-6 Costs of planting, trimming, pruning, installing protection and replacing pavement.

[Amended 9-8-1986 by Ord. No. 761]

The cost of planting, transplanting, trimming, pruning and removing any shade trees as defined in § 462-2 hereof, of installing or removing the necessary and suitable guards, curbing or grading for the protection thereof and of the replacing of any pavement or sidewalk disturbed in the execution of such work shall be paid by the owner of the property in front of which any of said work is done.[1]

[1] Editor's Note: Original §§ 8, 9 and 10, which immediately followed this section and related to assessment of costs against property owners, were repealed 9-8-1986 by Ord. No. 761.

§ 462-7 Violations and penalties.

[Amended 9-8-1986 by Ord. No. 761; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Any person who violates or permits a violation of this chapter shall, upon being found liable therefor, pay a fine of not more than $600, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. If the penalty is not paid, the Borough shall initiate a civil action for collection in accordance with the Pennsylvania Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this chapter in equity in the Court of Common Pleas of Montgomery County.