[HISTORY: Adopted by the Borough Council of the Borough of Elverson 10-6-2009 by Ord. No. 2009-03. Amendments noted where applicable.]
There is hereby established a commission, to be known as the "Shade Tree Commission," hereinafter referred to as "the Commission."
The Shade Tree Commission shall consist of five members, who must be residents of the Borough of Elverson and who shall be appointed by Borough Council. For the initial appointment, one member shall serve for one year, one members for two years, one member for three years, one member for four years, and one member for five years. Thereafter, the term of each member shall be five years. A vacancy on the Commission shall be filled by Borough Council for the unexpired term of a member. The Commission shall have the right to make recommendations to the Borough Council for candidates to fill the unexpired terms, as well as full terms.
The members of the Commission shall serve without compensation, but they may be reimbursed for expenses necessary to carry out the objectives of the Commission when those expenses are deemed necessary and appropriate and approved by Borough Council.
The Borough Council of the Borough of Elverson may, after a duly advertised public hearing, remove any member of the Commission from office for neglect of duty, malfeasance in office, or conflict of interest.
The Commission shall elect its own Chairperson and shall create and fill such other offices as deemed proper. The Commission shall make and alter its rules of procedure consistent with the ordinances of the Borough and the laws of the Commonwealth of Pennsylvania. It shall keep records of its resolutions, transactions, findings and determinations, and such records shall be considered "public records," except when contrary to the public interest as determined by Borough Council pursuant to applicable statutes, ordinances or other rules and regulations. A majority of the Commission shall constitute a quorum, and action taken at any meeting shall require the affirmative vote of that majority.
The following words as used in this chapter shall, in addition to their general meaning, have those ascribed as follows:
PERSON
Any or all individuals, firms, associations, corporations or organizations of any kind or nature, and the singular shall include the plural.
PROPERTY OWNER
Any person having any interest whatsoever in real estate or real property within the Borough of Elverson, whether as owner, beneficiary, administrator or person for the time being in possession.
STREET TREE
Trees along the Borough's public streets which are uniform in space and species. The meaning shall include the stump, roots or any part of a tree.
A. 
As a condition precedent to ordering general street tree plantings in any given area of the Borough, the Commission shall first prepare and submit to Borough Council for its approval an overall master plan or program covering all phases for street tree planting, care, removal, replacement and control of street trees. Such master plan may be sectionally developed, prepared and submitted for approval, one defined section of the Borough at a time, and when so approved general plantings may be ordered within such section. The master plan so developed shall include all street trees along public streets in the Borough of Elverson and shall set forth:
(1) 
The location of existing trees and, where found to be unsuitable, indications for removal and replanting.
(2) 
A chart of new plantings showing the distance between all plantings, setback lines from streets for planting, overhead wires, location of streetlights, atmospheric and soil conditions where obtainable, and an official recommended or acceptable street tree list designating types of trees recommended or to be planted. A list of acceptable trees shall be established from time to time by resolution of Borough Council.
B. 
The Commission shall submit an annual report to Borough Council summarizing and covering all of its activities and specifying its accomplishments in its implementation, administration and effectiveness of the master plan, and shall include any recommended modification, additions or changes in the overall plan and statement of financial operations.
C. 
When Borough Council approves the master plan, no changes shall be made in the master plan without Council approval by resolution.
A. 
It shall be the function of the Commission to control and protect street trees within the Borough, which shall include the control of planting, removing, replacing, maintaining, regulating and caring for street trees.
B. 
No person shall plant, cut, trim, remove, damage, or destroy any street tree under the jurisdiction of the Commission or fasten any sign, wire, rope or other material to, around or through any such tree, or deposit, place, store or maintain any stone, brick, sand, concrete or other material which will impede the free passage of air, water or fertilizer to the roots of any such street tree, unless he/she shall first obtain a permit from the Commission to do so. The permit must be signed by no less than two members of the Commission.
(1) 
The Commission may collect from any person causing damage or destruction to a tree the cost of repairs of damage, including devaluation of the tree, or in the event of the tree's destruction may collect the appraised value of the tree plus the cost of removal and replacement thereof.
(2) 
The Commission, at its discretion, may require inch-for-inch replacement of the diameter of the damaged or destroyed tree, so that a tree of 12 inches in diameter shall be replaced by four trees of three inches in diameter, to be planted in locations to be determined by the Commission.
C. 
As a condition to any permit to plant or remove any street tree, the Commission may require that the permittee plant, at his or her own expense, another tree in place of the one removed. The Commission in such case shall direct the type, size and location of the tree to be planted and the time within which the work shall be done.
D. 
The Commission shall provide 30 days' written notice, to be given by certified mail, return receipt requested, to the owner(s) of the property, that removal of a dead, dying, dangerous or prohibited species of tree will be carried out by the Commission. Removal and replacement expenses will be incurred by the Commission.
E. 
The Commission shall provide 30 days' written notice, to be given by mail, to the property owner of a street tree in which branches from any trees overhanging the streets, sidewalks or highways need to be trimmed so as not to obstruct the light from the streetlights and so that there shall be a clear height of at least 12 feet above the sidewalk and 16 feet above the street wherever practical. Expenses for trimming will be incurred by the Commission.
F. 
The Commission shall provide 30 days' written notice to be given by certified mail, return receipt requested, to the property owner before planting a street tree on the property. Trees which are planted will be at least 2 1/2 to three inches in caliper measured six inches above the ground, symmetrical in shape, and with a trunk that is clean and straight and without branches for a distance of eight feet. Expenses for material and labor will be incurred by the Commission.
G. 
The recommended minimum for planting a street tree from a street intersection shall be 20 feet; from a fire hydrant, 10 feet; and, from a light standard, telephone pole or driveway, five feet. The above spacing requirements may, however, be waived by the Commission and shall be such as determined by the Commission according to the type of tree and the established neighborhood in which it is planted. No tree, at any time, shall be planted directly in line with a doorway which enters upon the sidewalk. No tree shall be planted within a clear sight triangle for intersecting streets and/or driveways.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
H. 
Whenever possible, tree wells should measure a minimum of four feet by five feet. Trees shall be no less than five feet from all in-ground utility installations. When a tree has outgrown this space or when a sidewalk has been laid without allowing such space, the sidewalk may be, at the discretion of the Commission, relaid or repaired at the expense of the property owner so that at least six inches must be left between the base of the tree and the pavement.
I. 
The Commission shall be notified before any excavation work is performed adjacent to trees within the public right-of-way. Installation of curbs and sidewalks shall be completed in a manner least damaging to trees and tree roots. Sidewalk cutouts should be used to clear trees or large roots. Replacement of concrete curbing with metal curbing to clear trees or large roots may be performed, if permission is granted by the Borough Engineer.
J. 
Topping of trees is prohibited.
K. 
The Commission may develop a policy to address situations where a sidewalk has been damaged by adjacent trees. This policy shall take into account the goals of: 1) maintaining safe sidewalks for pedestrians; and 2) protecting trees within the Borough. Any policy developed by the Commission shall be referred to and considered when developing a course of action in situations involving damaged sidewalks and adjacent trees.
A. 
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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
In addition, Borough Council, through its Solicitor, may institute injunctive, mandamus or any other appropriate action or proceeding at law or in equity for the enforcement of this chapter. Any court of competent jurisdiction shall have the right to issue restraining orders, temporary or permanent injunctions, mandamus or other appropriate forms of remedy or relief.
The provisions of this chapter are severable and if any section, sentence, clause or part hereof shall be held to be illegal, invalid or unconstitutional by any court of competent jurisdiction, such decision of the court shall not affect the remaining sections, clauses, parts or provisions of this chapter. It is hereby declared to be the intent of the Borough that such ordinance would have been enacted if such illegal, invalid or unconstitutional sections, sentence, clause, part or provision had not been included herein.