[HISTORY: Adopted by the Borough Council of the Borough of Lemoyne 6-5-1980 by Ord. No. 527 (Ch. 25, Part 1, of the 1984 Code of Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Shade Tree Commission — See Ch. 101.
A. 
The following words and phrases, when used in these regulations, shall have the meanings herein ascribed to them, except in those instances where the context clearly indicates a different meaning;
COMMISSION
The Shade Tree Commission of the Borough of Lemoyne.
PERMIT
Any permit, in writing, as issued by the Secretary of the Shade Tree Commission.
PERSON
Any natural person, firm, association, partnership or corporation but shall not include the Borough of Lemoyne.
PUBLIC HIGHWAY
Any street, sidewalk or alley open to the public and shall include the entire width of the right-of-way.
SECRETARY
The Secretary of the Shade Tree Commission.
SHADE TREE
Any tree, shrub or other woody plant on any public highway in the Borough of Lemoyne, or that part of any tree, shrub or other woody plant which extends within the lines of any public highway.
B. 
In these regulations, the singular shall include the plural and the masculine shall include the feminine.
The application for any permit required hereunder shall be made in writing to the Secretary. It shall specify that which the applicant desires to do thereunder and shall state the exact location and species of trees to be affected. It shall be the duty of the Secretary to submit every such application to the Commission for approval or disapproval. The permit shall be effective for such length of time as 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 being or have been violated. The Commission, in its discretion, may, as a condition precedent to the issuance of a 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.
A. 
No person shall plant, cut, trim, break, injure in any manner, or remove any shade tree; or cut, interfere, or injure in any way the main roots of any shade tree; 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 shall first obtain a permit from the Commission to do so.
B. 
No person shall move any building or other object on or over any highway in such a manner as to damage or injure any shade tree unless he first obtains a permit from the Commission to do so.
As a condition to any permit to remove any shade tree, the Commission may require that the applicant plant at his expense, another tree to replace the one removed. The Commission in such case shall direct the type, the size, and location of the tree to be planted and the time within which the work shall be done.
In the event of a shade tree being damaged, the Commission may make a charge for repairs to the tree and for the evaluation of the tree against the person causing the damage to the tree. In the event of a shade tree being destroyed by any person, the Commission 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.
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.
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 owner of such wire shall temporarily remove the same or cut off the flow of current therefrom within 24 hours after service of written notice from the Commission to do so.
A. 
All shade trees planted in and along any of the highways shall be set so as to form as nearly as possible a straight and uniform line with other shade trees growing upon the same highway. Said trees shall be planted or set from 20 to 30 feet apart where practicable and shall be sound, straight and symmetrical. Every tree shall be planted a sufficient depth for the particular tree to ensure growth and in a pit measuring approximately three feet by three feet, filled with good topsoil and shall have an open space of ground around the trunk of said tree measuring four feet by three feet, where practical in order to allow for the entrance of water and air to the roots thereof.
B. 
Trees to be planted shall not be less than 1 1/2 inches caliper, 18 inches above the ground, symmetrical in shape with a clean trunk, and straight without branches for a distance of four feet from the ground.
C. 
Attached hereto and incorporated herein by this reference is a list of trees that may be planted in the Borough. Planting of any species not set forth in the attached list may be done only after having first received written approval of the Commission.
D. 
No shade tree shall be planted less than 30 feet from a curb intersection, or less than 10 feet from a fire hydrant, sewer inlet, light standard or utility pole.
Removal of trees shall also include the removal of any stump with respect to which the Commission has notified the owner to remove said stump. After the removal, the resulting hole is to be filled with ground, the top 12 inches of which shall consist of topsoil.
When a tree has outgrown the space required by § 499-11 hereof, or when a sidewalk has been laid without allowing for such space, upon notice from the Commission to the abutting property owner, said owner must repair or relay the sidewalk and curbs to provide for at least an area of 12 inches between the base of tree and the edge of the sidewalk.
All shade trees shall be kept trimmed, by the Borough:
A. 
So that said trees do not interfere with proper lighting or public lighting of public highways by the streetlights, or to interfere with any signs installed by the Commonwealth of Pennsylvania or the Borough of Lemoyne.
B. 
So that the minimum clearance of the cartway of any public highway of any overhanging portion thereof shall be 12 feet and so that the minimum clearance of any sidewalk or footwalk shall be eight feet; provided that the Commission shall have the authority to designate a higher clearance on any public highway, where because of highway traffic or other conditions such higher clearance will make it safer.
Whenever the Commission proposes to plant, transplant or remove any shade tree on any street, notice of the time and place of the meeting at which such work is to be considered shall be given in one newspaper of general circulation in the Borough once a week for two weeks immediately preceding the time of the meeting. The notice shall specify in detail the streets or portions upon which trees are proposed to be so planted, replanted or removed.
A. 
The cost of planting, transplanting or removing any shade trees, of the necessary and suitable guards, curbing or grading for the protection thereof, and of the replacing of any pavement or sidewalk necessarily disturb in the execution of such work, shall be paid by the owner of the real estate abutting which the work is done.
B. 
The amount each owner is to pay shall be ascertained and certified by the Commission to the Borough Council and to the Borough Treasurer.
A. 
Upon the filing of the aforementioned certificate with the Council, the Borough Secretary shall cause 30 days' written notice to be given to every person against whose property an assessment has been made. The notice shall state the amount of the assessment, and the time and place of the payment, and shall be accompanied with a copy of the certificate.
B. 
The amount assessed against the real estate shall be a lien from the time of the filing of the certificate with the Council, and if not paid within the time designated in the notice, a claim may be filed and collected by the Borough Solicitor in the same manner as municipal claims are filed and collected.
The provisions of this chapter shall be enforced by the Commission's Secretary, the Borough Manager (who may be a member of the Commission and serve as Secretary) or the Borough Police. Further, the Secretary of the Commission is hereby authorized to function as the administrative officer of the Commission.
A. 
For any and every violation of any of the provisions of these regulations, the owner, general agent or contractor of a building or premises where such violation has been committed or shall exist, and the owner, general agent, contractor, lessee or tenants of any part of a building or premises in which part such violation has been committed or shall exist, and the owner, general agent, architect, builder, contractor or any other person who commits, takes part or assists in any such violation or who maintains any building or premises in which any such violation shall exist, shall be liable on conviction thereof to a fine or penalty not to exceed $300, which shall inure to the benefit and use of the Borough, and in default of such payment of fine and costs, suffer imprisonment in the county jail for not less than one nor more than 10 days.
B. 
Whenever a person has been notified of a violation, by the initiation of a summary proceeding to impose the aforesaid penalty, or in any other way, each day the said person shall continue such violation after such notification shall constitute a separate offense punishable by like fine or penalty. Such fines or penalties shall be collected as the fines or penalties are now collected by law.
Upon request to the Commission, the Commission may (not must) grant a variance from the requirements herein when it finds that due to existing conditions of soil, street and utility installations, or some or physical characteristics, literal enforcement of the applicable regulation is not practical. Such written variance shall state that literal enforcement is not deemed practical and shall set forth the facts and reasons in support thereof.
In the event that any provision, section, sentence, clause or part of this chapter shall be held to be invalid, such invalidity shall not affect or impair any remaining provision, section, sentence, clause or part of this chapter, it being the intent of the Borough that said remainder shall be and shall remain in full force and effect.