[HISTORY: Adopted by the Borough Council of the Borough of
Tarentum 5-4-2021 by Ord. No. 21-05. Amendments noted where applicable.]
A.
An Environmental Advisory Council is hereby established. The Council
shall consist of five members who are citizens of the Borough, appointed
to serve three-year terms, except that initial appointments shall
be so staggered that the terms of approximately 1/3 of the membership
shall expire each year.
B.
All Council members shall be appointed by the Tarentum Borough Council.
C.
Council members' terms of office shall expire on the first Monday
in January following the last year of their term of office.
D.
Council members shall receive no compensation for their services
but may be reimbursed for the expenses actually and necessarily incurred
by them in the performance of their duties.
E.
Tarentum Borough Council shall designate the Chairman of the Environmental
Advisory Council.
F.
The Environmental Advisory Council is to be advisory to and shall
coordinate its activities with the elected officials, Planning Commission
and other such local governmental agencies.
G.
The Environmental Advisory Council shall keep records of its meetings
and activities and shall make an annual report, which shall be made
available to Borough Council and the general public. Minutes of each
meeting shall be forwarded to the governing body.
H.
The governing body of Tarentum Borough may, at its discretion, from
time to time, appropriate funds for the expenses incurred by the Council.
In interpreting this chapter, the present tense includes the
future; the singular number includes the plural, and the plural includes
the singular; and the word "person" includes natural person, partnership,
firm, association and corporation.
The Borough of Tarentum.
The duly elected members of the Tarentum Borough Council.
The duly appointed members of the Environmental Advisory
Council, formerly known as the "Shade Tree Commission" of the Borough.
The duly appointed members of the Environmental Advisory
Council.
The area of any public street, road, highway or other publicly
held thoroughfare within the corporate limits of the Borough that
has been designated by law as a public right-of-way.
Any tree, shrub or other woody plant which is planted in
any right-of-way, or has at least 1/2 of its trunk, branches or roots
extending into any right-of-way.
A.
The purpose of the said Environmental Advisory Council shall be to
advise other governmental agencies, including, but not limited to,
the elected officials of the Tarentum Borough, on matters dealing
with protection, conservation, management, promotion and use of natural
resources, including air, land and water resources, located within
the territorial limits of the Borough and to establish a liaison for
cooperation with Environmental Advisory Councils of other municipalities
or like agencies at the municipal, county, state or federal level
and also with nongovernmental organizations that have an interest
in improving natural resources and the environment.
B.
In furtherance of the aforementioned purpose, one aspect of protecting
and managing natural resources includes regulation of shade trees
located within the Borough. To that end, the Borough recognizes that
properly planted, maintained and protected shade trees add to the
aesthetics and health and welfare of the citizens of the Borough.
Therefore, it shall further be the intent of this chapter to vest
within the Environmental Advisory Council a joint role of the Shade
Tree Commission for the Borough, define the mission of that Council
and establish rules and regulations to encourage the planting of appropriate
shade trees, provide for the proper maintenance of the trees, protect
shade trees and provide guidelines for the removal and replacement
of shade trees.
A.
The Environmental Advisory Council shall be merged with the Shade
Tree Commission and shall carry out all of the roles and responsibilities
described in the Borough Code at 8 Pa.C.S.A. § 2721, entitled
"Shade tree commission."
B.
The Environmental Advisory Council shall jointly operate as the Shade
Tree Commission of Tarentum Borough. As such, the Environmental Advisory
Council shall have the exclusive care, custody and control of shade
trees and authorization to plant, transplant, remove, maintain and
protect shade trees on the streets and highways in the Borough.
C.
The Environmental Advisory Council may make and enforce regulations
for the care and protection of shade trees as necessary for the proper
management, care and control of the Borough, and the maintenance of
the health and welfare of the Borough and its citizens.
The Environmental Advisory Council shall have the following
powers:
A.
Identify environmental problems.
B.
Recommend plans and programs to the appropriate agencies for the
promotion and conservation of the natural resources and for the protection
and improvement of the quality of the environment within the area
of this municipality.
C.
Make recommendations as to the possible use of open land areas of
this municipality.
D.
Promote a community environmental program.
E.
Keep an index of all open areas, publicly or privately owned, including,
but not limited to, flood-prone areas, swamps, and other unique natural
areas.
F.
Advise the appropriate local governmental agencies in the acquisition
of property, both real and personal.
G.
To undertake such environmental tasks as requested by the governing
body of this municipality.
H.
Assume responsibility for the custody, care and protection of shade
trees within the municipality.
I.
To issue permits required by this chapter, and to enforce the provisions
of this chapter as provided by law.
J.
To act as an advisory panel to Borough Council on all Borough matters
having an environmental impact on the Borough, including, but not
limited to, land development, park development or improvements, and
downtown revitalization projects.
K.
To report to Borough Council through the Borough Manager, or as the
President of Borough Council may otherwise direct.
A.
The maintenance, care or removal of any shade tree, as defined herein,
and required compliance with any provision of this chapter shall be
the responsibility of the property owner on whose property the tree
is located or whose property abuts the right-of-way in which the shade
tree is located.
B.
No person, without first obtaining a permit, shall cut, prune, break,
affix any foreign object to, or in any way cause injury to any shade
tree within any public right-of-way or municipal park within the Borough.
C.
No person, without first obtaining a permit, shall plant a shade
tree within any public right-of-way or municipal park within the Borough.
D.
No person, without first obtaining a permit, shall remove a shade
tree within any public right-of-way or municipal park within the Borough.
E.
All mature shade trees shall be kept trimmed to a minimum branching
height of 10 feet, except that the Council may require greater height
clearances to eliminate traffic and other hazards.
F.
Whenever, in the opinion of the Council, a health or safety hazard
is caused by a shade tree, the Council may issue a written order to
the responsible property owner to take action to correct the condition
within 10 days of the date of the order. If, after written notification,
the responsible property owner fails to take corrective action, the
Borough shall have the required work accomplished to correct the health
or safety condition and shall bill the responsible property owner.
Failure to remit by the responsible property owner may result in a
lien placed against the property by the Borough.
G.
Whenever a new shade tree is planted within 10 feet of a curb or
public sidewalk, a root barrier of a type approved by the Council
shall be required.
In addition to the foregoing general provisions, the following
special provisions shall apply to shade trees located in the commercial
districts of the Borough.
A.
A minimum sidewalk opening of four feet square shall be required
for each shade tree. The opening shall be paved with a flush, smooth,
hard surface such as brick or concrete pavers laid on sand.
B.
Only the following types of trees may be planted in the right-of-way:
hybrid red maples, lindens, thornless honey locusts, pears and elms.
The planting of any other type of tree shall require permission from
the Council.
C.
Whenever a shade tree is removed in a commercial district, the shade
tree shall be replaced in accordance with this chapter. All removed
shade trees shall be replaced except when a change in street construction
or land development makes it impossible, or would cause the replacement
to be a safety or health hazard. A decision not to replace a removed
shade tree must be approved by the Council.
D.
The Council shall annually inspect all shade trees within the Commercial
District and shall file a report with Borough Council on the condition
of the trees and needed maintenance. The inspection shall be done
in late summer and the report filed by the first day of October.
A.
The Council shall annually inspect all shade trees in the parks of
the Borough and all open space and recreational areas owned by the
Borough, and shall file a report with Borough Council on the condition
of the trees and needed maintenance. The inspection shall be done
in late summer and the report filed by the first day of October.
B.
Any new planting proposals shall be reviewed by the Council, and
the Council shall make recommendations on the type of tree that should
be planted.
Fees for permits shall be set from time to time by resolution
of Borough Council.
Any person, firm or corporation who shall violate any provision
of this chapter shall, upon conviction thereof, be guilty of a summary
offense, and may be sentenced to pay a fine of not more than $600
and costs; and/or undergo imprisonment not to exceed 90 days. Every
day that a violation of this chapter continues shall constitute a
separate offense.
If any sentence, clause, section, or part of this chapter is
for any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality, or invalidity shall not affect or
impair any of the remaining provisions, sentences, clauses, section
or parts of this chapter. It is hereby declared as the intent of the
Borough that this chapter would have been adopted had such unconstitutional,
illegal or invalid sentence, clause, section or part thereof not been
included herein.
