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.
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.
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.
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.
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.
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.
