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Borough of Pine Grove, PA
Schuylkill County
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Table of Contents
Table of Contents
A. 
All provisions of Article III (§§ 159-14 through 159-18.3), and the other provisions related thereto, of Chapter 159, Streets and Sidewalks, are incorporated herein by reference and made parts hereof.
B. 
No amendment, nor any repeal, or provision of the Pine Grove Curb and Sidewalk Ordinance[1] shall effect any provisions related to trees and shrubbery unless such, by specific reference, shall also amend or repeal the provision of this section of this chapter.
[1]
Editor's Note: See Ch. 159, Streets and Sidewalks, Part 1.
A. 
Notwithstanding that no permit is required under the Pine Grove Curb and Sidewalk Ordinance,[1] all such provisions shall apply to the Borough; and Subsection B of this section shall apply.
[1]
Editor's Note: See Ch. 159, Streets and Sidewalks, Part 1.
B. 
Before any person, including officers, officials and employees of the Borough, shall plant, remove, trim, or maintain any trees, evergreens, hedges, plants, or shrubbery on any lands owned by the Borough or over which the Borough exercises control, such person shall obtain the written approval of the Tree Commission which written approval shall be treated in the same manner as a permit.
C. 
Any individual who violates the requirements of written approval of the Tree Commission in lieu of a permit as provided by Subsection A and B of this section shall be personally liable for the penalties provided even though they are acting in their official capacity, except such action is with the authority and at the specific direction of the elected Borough Council given at a regular or special public meeting of the Council and is recorded in the minutes of that meeting.
A. 
Any property owner in the Borough shall, within the time set forth in a notice which time shall not be less than 30 days, cut and remove plants, shrubs, and trees affected with Dutch elm or other diseases, which threatens to injure or destroy plants, shrubs and shade trees.
B. 
The notice referred to above in this section may be given by the Commission and such notice shall comply generally, as applicable, with the requirements of § 159-31 of Chapter 159, Streets and Sidewalks.
C. 
Upon failure of any property owner in the Borough to comply with a notice as provided for in this section, the provision of § 2743 of the Borough Code (53 P.S. § 47743[1]) shall apply.
[1]
Editor's Note: See now 53 P.S. § 47720.
A. 
No person shall spray, fertilize, preserve, or otherwise disturb any tree, plant, or shrubbery within the Borough without first obtaining a permit. Except as provided for in § 55-35G, tree maintenance shall be conducted only by specific persons as are authorized by the Tree Commission and named in the permit.
B. 
Spraying.
(1) 
Suitable precautions must be taken to protect and warn the public that spraying is being done.
(2) 
Spraying shall be done only for the control of specific diseases or insects with the approved materials in the necessary strength and applied at the proper time to obtain the desired control.
(3) 
General spraying "for insect and disease control" is not permitted.
C. 
The permit procedure to be followed, under this section, shall be the same as that provided for the planting, removing, trimming, or maintaining of trees, evergreen, hedges, plants, or shrubbery in or near any sidewalk area in the Pine Grove Curb and Sidewalk Ordinance[1] and all provisions related to notice, hearing, appeals and violations of the aforementioned ordinance shall apply as clarified and expanded in § 55-27 of this chapter.
[1]
Editor's Note: See Ch. 159, Streets and Sidewalks, Part 1.
Wherever it is necessary, for any reason, to remove a tree or trees within the Borough, the property owner shall replant such trees or replace them; except when such can not be accomplished consistent with law or where the conditions prevent planting in the sidewalk area of the property, or in the case of Borough owned or controlled land or other parts of the property, and such condition is confirmed by the Tree Commission.
Unless specifically authorized by the Tree Commission, no person shall intentionally damage, cut, carve, transplant, or remove any tree; attach any rope, wire, nails, advertising posters, or other contrivance to any tree; allow any gaseous, liquid, or solid substance which is harmful to such trees to come into contact with them; or set fire or permit any fire to burn when such fire or the heat thereof will injure any portion of any tree.
All trees within the Borough on any street or other publicly owned property or property over which the Borough exercises control, including specifically in or near sidewalk areas, near any excavation or construction shall be guarded with a good substantial fence, frame, or box not less than four feet high and eight feet square, or at a distance in feet from the tree equal to the diameter of the trunk in inches D.B.H., whichever is greater, and all building material, dirt, or other debris shall be kept outside the barrier.
Public trees shall be planted whenever a proposed subdivision may average three or more lots per gross acre; where a proposed subdivision is adjacent to any existing or recorded development having trees; or whenever a subdivision is proposed consisting of five or more lots.
A. 
Tree pits shall be at least 10 inches wider in diameter than the diameter of the root ball. Unless building debris is encountered, the hole shall be excavated to a depth no greater than to permit the top of the ball to be level with the rim of the hole. All encountered debris should be removed to a minimum depth of 30 inches.
B. 
Except where waived by the Tree Commission, trees within the same block shall be planted at the same time. Balled and burlapped material may be planted during any period of the year when the soil is frost-free and friable.
C. 
The burlap and twine covering the upper half of the ball shall be rolled back or cut away after the plant has been set.
D. 
Trees shall be staked with no less than two-inch by two-inch stakes driven 2 1/2 feet to three feet into the ground. Two stakes shall be required for trees less than two inches in caliper and three for trees greater than two inches in caliper. The trunk shall be protected by placing a short piece of 3/4 inch diameter, two ply, reinforced hose around the guy wire where it comes in contact with the tree. (See Figure A.) All stakes shall be of the same height for uniform appearance and support.
055 Figure A Staking Trees.tif
Figure A
E. 
The planting hole shall be backfilled to 3/4 full with soil, followed by 10 gallons of water. When the water has been absorbed, the hole shall be filled with topsoil and tamped lightly to finished grade.
F. 
Upon completion of the transplanting operation, a wood chip or bark mulch, two inches deep, shall be placed over the planting area.
G. 
All unused soil or other debris resulting from the planting or plant material shall be removed from the project area.
H. 
As different trees require different soil conditions, it may be necessary to add materials such as fertilizers, sand, etc. to the existing soil prior to planting. The Tree Commission should consult with experts such as those from the cooperative extension service. The appropriate soil mixtures for the various trees should become part of the regulations.
A. 
Plant maintenance shall begin immediately after each plant is satisfactorily installed; and shall include, but need not be limited to, replacing mulch that has been displaced by erosion or other means, maintaining stakes and guys as originally installed, watering when needed or directed, and performing any other work required to keep the plants in a healthy condition. An adequate moisture supply is estimated to be the equivalent of one inch of water per week, delivered at weekly intervals in the form of rain, or augmented as required by periodic watering. The owner shall remove and replace all dead, defective, and rejected plants as occur during the first six months after planting. Replacement in kind, or with a substitute acceptable to the Tree Commission, of all plant material which is not in a healthy growing condition, which has died back, or is beyond normal pruning limits.
B. 
All large established trees shall be trimmed to sufficient height to allow free passage of pedestrians and vehicular traffic. Mature trees shall be trimmed to 10 feet above street or sidewalk.
C. 
All cuts shall be made with a properly sharpened saw or pruner and no stubs shall be left. No spurs or climbing irons shall be used in the trees. All dead or rubbing limbs shall be removed.
D. 
All tools being used on a tree suspected to be infected with a contagious disease shall be thoroughly disinfected before being used on another tree.
E. 
In the pruning of shade trees it must constantly be kept in mind to preserve, as much as possible, the character and natural shape of each tree to avoid artificial shaping.
F. 
In the case of trimming for power line clearing the work must be limited strictly to those branches interfering with the power lines. A general "topping" of the tree is not permitted. The trees shall be shaped so as to enclose the wires (directional, pruning).
G. 
Trees in front of property.
(1) 
Property owners may trim trees growing in front of his property provided:
(a) 
He has obtained a permit, and
(b) 
The tree be six inches or less in caliper and 15 feet or less in height.
(2) 
Mature trees, regardless of caliper may be pruned by the property owner up to heights of 15 feet provided that the cut measures no more than two inches in diameter.
H. 
After removal of any tree located between pavement and the curbline, the stump must be leveled four inches below the ground surface and the stump hole filled in.
A. 
All plant materials shall be selected from those listed on the attachment, marked Exhibit B and made part hereof, and also those listed on Exhibit D[1] attached to Chapter 159, Streets and Sidewalks (included by reference in § 159-16A of said ordinance). To the extent there are additions on Exhibit B attached over those on the list attached as Exhibit D to the aforementioned ordinance, such latter list is expanded under authority of § 159-16B of Chapter 159, Streets and Sidewalks, Part 1.
[1]
Editor's Note: Said Exhibit D of Chapter 159 is on file in the Borough offices.
B. 
"Trees face a bleak existence along the roadways. . . ." They are subject to restricted volumes of soil, which generally have poor structure and drainage; bathed with spray ladened with de-icing salts; subject to rapidly fluctuating temperatures and intense reflected sunlight; attacked by insects and diseases; and the subject of public insensitivity to the needs of a living organism. No tree is perfect for every location or situation. Not all trees on the list included by reference in Subsection A of this section are suitable for all situations. Therefore, suitability shall be determined by the Tree Commission prior to planting by any person.
C. 
The Shade Tree Commission recognizes the desirability of limiting the number of different species of trees growing on one area. To this end no more than four different species of trees should appear in a single block.
D. 
Only plant material grown in nurseries shall be procured for shade tree planting. Trees should be true to form and typical of the species.
E. 
Tree specifications:
(1) 
Each tree shall be at least eight feet in height and have a diameter of at least 1 1/2 inches measured at a height of six inches above the finished ground level.
(2) 
Plant material shall be balled and burlapped with native soil in which the material had been growing (no manufactured balls).
(3) 
Dimensions.
(a) 
The relationship between the tree caliper, tree height, and diameter of the root ball shall be as follows:
Caliper
(inches)
Height Range
(feet)
Minimum Ball Diameter
(inches)
1 1/2 to 1 3/4
8 to 10
20
1 3/4 to 2
10 to 12
22
2 to 2 1/2
12 to 14
24
(b) 
Trees with larger caliper trunks shall have ball diameters in proportion to their size and in accordance with accepted nursery practices.
F. 
All trees shall have comparatively straight characteristic trunks, well-developed leaders and tops and roots characteristic of the species. All trees must be free of insects, diseases and mechanical injuries. The property owner can assure himself of obtaining trees meeting the above specifications by making his purchase from a state-licensed nursery.
G. 
Location:
(1) 
The tree shall be planted in the middle of the tree lawn.
(2) 
Tree species that produce large mature trees should be planted where existing overhead wires will not interfere when the trees are mature.
(3) 
Trees shall be planted at least 20 feet from street intersections and light standards and at least 10 feet from driveways, fire hydrants, and utility poles.
(4) 
Spacing between trees shall be determined by the Tree Commission according to local conditions, species to be used, their mature height, spread and form. In no case shall the spacing be less than 12.5 feet for small trees, 17.5 feet for medium trees, and 22.5 feet for large trees, spacing to be measured from center of tree to center of next tree.
H. 
Variation from the provision of this section shall be permitted only where a variance has been granted after hearing before the Tree Commission.