Borough of Wilkinsburg, PA Chapter 241 Trees

[HISTORY: Adopted by the Borough Council of the Borough of Wilkinsburg 6-28-1993 as Ord. No. 2431. Amendments noted where applicable.]

§ 241-1 Definitions and word usage.

The following terms shall have the meanings assigned them below for purposes of this chapter. The present tense shall be taken to include the future tense; the word "shall" shall be taken as mandatory; words in the singular shall be taken to include the plural, and vice versa.

BOROUGH

The Borough of Wilkinsburg.

COMMITTEE

The Citizens Advisory Committee on Shade Trees.

COUNCIL

The Borough Council of the Borough of Wilkinsburg.

DEPARTMENT

The Department of Public Service of the Borough of Wilkinsburg.

DIRECTOR

The Director of the Department of Public Service of the Borough of Wilkinsburg, or his/her designee.

MANAGER

The Borough Manager of the Borough of Wilkinsburg, or his/her designee.

PERSON

Any individual, firm, partnership, association, corporation, company or organization of any kind.

PUBLIC AREA

Any public right-of-way, park, easement or other area under the control of the Borough of Wilkinsburg.

TREE

Any tree, shrub, bush or woody vegetation of any kind.

WRITTEN NOTICE

Written notification sent to property owners by first class mail and postmarked at least seven (7) days before any action is to be taken, or at least fifteen (15) days in the case of notification of a public hearing.

§ 241-2 Citizens Advisory Committee on Shade Trees.

A. Membership.

(1) In accordance with Borough Resolution Nos. 9226 and 9447,[1] the Committee shall be composed of seven (7) members, who shall be residents of the borough and appointed by Council. Each member shall be appointed annually for a term of three (3) years. A vacancy for reason other than term expiration shall be filled for the unexpired term.

[Amended 9-28-1994 by Ord. No. 2467]

[1] Editor's Note: Said resolutions are on file in the borough offices.

(2) The Committee members shall serve without pay, but may be reimbursed for expenses previously authorized by Council from the funds budgeted annually for such purposes.

B. Organization, records and meetings.

(1) The Committee may elect a Chairperson and such other officers as they deem necessary. The Committee will meet with whatever frequency they consider necessary to accomplish the work at hand, but no less frequently than every other month. A written record shall be kept of all meetings and made available to Council for its reference. The Committee shall submit annually a full report of its activities and a summary of approved expenses for the last fiscal year of the borough.

(2) The meetings of the Committee shall be public, and interested citizens of the borough shall be encouraged to attend and create a volunteer group to assist the Committee members in their work. Such volunteers, however, shall not have voting rights on the Committee.

C. Responsibilities. In consideration of Council's desire, as expressed in Council Resolution No. 9226, the Committee shall develop a selected planting list, a tree planting program and schedule and a tree pruning and removal program and schedule, the latter to include a consideration of effective streetlighting and that the Committee open communications with both Duquesne Light Company about its pruning activities and with the citizens of the borough. The Committee shall have the following responsibilities:

(1) The Committee shall develop, with the approval of Council, a comprehensive program for trees in public areas of the borough. The program should be developed in consultation with the Department, to which will fall much of the role of carrying it out. The program shall include, but not be restricted to, the following elements:

(a) A complete inventory of trees in public areas of the borough, showing the condition of the trees and other factors to be determined by the Committee in collaboration with the Director; the inventory shall include likely planting sites.

(b) A plan for planting new street trees, to include means for communicating with residents about the availability of new plantings, so as to place the new trees where they are most wanted.

(c) A list of desirable and undesirable species for planting in various locations, said list to be based on the best information available and to be kept up-to-date as new information becomes available; the list shall include categories of small, medium and large trees and recommendations about spacing.

(d) Recommendations for practical and economical strategies for tree maintenance.

(e) Recommendations for a public education/information program concerning the importance and care of trees.

(2) With the approval of Council, the Committee may solicit and accept grants and contributions on behalf of the borough, provided that such grants and contributions be made to underwrite the legitimate activities outlined in this chapter. Funds so obtained will be expended for the specific purpose(s) and/or stipulations set by the grantor or the Committee with the specific approval of Council.

(3) The Committee shall take steps to coordinate communications between the Duquesne Light Company and the Director, with the end that §§ 241-3C and 241-6 of this chapter may be enforced and observed.

(4) The Committee may work with the Planning Commission of the borough whenever new developments are under consideration to ensure that appropriate plantings are included in the final plans.

(5) The Committee is advisory in nature and is established to provide information to the borough government, borough citizens and utility companies on tree planting and care.

§ 241-3 Authorized activities.

The Department is hereby authorized to perform the following activities with regard to trees:

A. Adopt policies, rules and regulations. In consultation with the Committee, the Department shall adopt policies to control tree trimming, cabling, spraying, root cutting and other work on trees in public areas by contractors, abutting property owners and/or others. With such policies in place, it may issue permits as described in § 241-6.

B. Maintain existing trees. By using the inventory referred to in § 241-2C(1) and through reports made by residents of the borough, and its own observations of the need for maintenance, the Department shall maintain the existing trees in public places. In carrying out maintenance work, the Department shall adhere as closely as possible to the Rules and Regulations for Arbor Work. In cases where such maintenance of public trees is to be carried out by a private contractor, it shall be the responsibility of the Director to see that the Rules and Regulations for Arbor Work are adhered to.

C. Supervise contractors employed by utility companies and others for arbor work. The Director shall accompany the crews of such contractors and direct the pruning on a tree by tree basis, working to minimize the topping of trees and encouraging the dropcrotch pruning illustrated in the Rules and Regulations for Arbor Work. If the contractor has failed to give the Director adequate notice that such work is to be done, and the Director's schedule cannot accommodate such a use of his/her time, the Director shall require the contractor to postpone the work until a more suitable time.

D. Plant new trees in public areas. Working in collaboration with the Committee, the Department may plant new trees in accordance with the Comprehensive Plan for the borough referred to in § 241-C(1).

E. Deal with potentially hazardous trees on private property. The Director may order the removal, partial removal or treatment of any tree on private property which in his/her opinion is sufficiently diseased, damaged or in such condition as to constitute a potential hazard to the public or to trees on public property. Property owners so ordered shall have ten (10) days after receipt of the order to appeal the decision to Council. The decision of Council shall be appealable as provided by law. Appeals to Council shall be recorded in the minutes of Council and shall include a determination of the facts of the case. Following a determination by Council that a certain action shall be taken with respect to such a tree, the property owner shall have ten (10) days to comply. Failure to comply shall render the property owner subject to the penalty specified in § 241-8B. In such a case of failure to comply, the Director is authorized to carry out the work, assessing such work to the property owner.

F. Deal with immediate hazards on private property. When, in the opinion of the Director, a tree on private property constitutes an immediate hazard to the public or to trees in public areas, the Director will immediately notify the property owner of the hazard and request its elimination. If the hazard is not eliminated within five (5) days, the matter shall be considered by the Borough Manager. Upon the Manager's determination that an immediate hazard exists, the Director may act to eliminate the hazard, no sooner than five (5) days after providing the property owner with written notice of the intended action. The cost for such work shall be assessed against the property owner.

G. Deal with potentially hazardous trees in public areas. After identifying for removal, through the inventory referred to in § 241-2C(1) or through other means, trees in public areas sufficiently diseased or damaged as to constitute a hazard to the public, the Director shall notify the Manager and the adjacent property owner(s) of the intent to remove the tree(s). The property owner(s) shall have five (5) days from the receipt of such notice to appeal the decision to the Manager, who shall make a determination.

H. Deal with immediate hazards in public areas. When, in the opinion of the Director, a tree or portion of a tree in a public area constitutes an immediate hazard to the public, the Director may remove the hazard without notice.

§ 241-4 Payment for trees.

A. The cost of planting, transplanting or removing any shade trees in and along the streets and highways in the borough shall be paid for by the owner of the real estate abutting the area where the work is done. The amount each owner is to pay shall be ascertained and certified by the Director to the Manager and to the Borough Treasurer.

B. At the discretion of Council, however, such work may be paid for through other funds, such as those budgeted annually for shade trees, or those awarded for such projects through proposals submitted, or donations made by public or private persons or agencies.

§ 241-5 Easements.

The borough is authorized to accept easements from property owners to plant and maintain trees on private property within twelve (12) feet of the boundary of a public area. Such easements shall be in writing, executed and acknowledged by such property owners, and shall be recorded in the office of the Allegheny County Recorder of Deeds.

§ 241-6 Permits.

A. The Department is authorized to issue permits for certain work on borough trees by persons not borough employees, and to charge a nominal fee for issuance of such permits, such fees to be accounted for and added to the total budget for shade trees in the borough. Permits shall be required for the following acts:

(1) Planting, treating, pruning, removing, applying fertilizer or any chemical substance to or otherwise disturbing any tree located in public areas.

(2) Trimming, pruning or removing any tree on private property, or portions of such a tree, if the tree or parts of it may reasonably be expected to fall in public areas and cause damage to persons or property or interfere with pedestrian or vehicular traffic using the public right-of-way or public easements.

(3) Placing in a public area, either above or below ground level, a container for trees, shrubs or other plants.

(4) Transplanting any tree located in a public area.

(5) Attaching any rope, wire, nail, sign, poster or other object to any tree located in a public area.

(6) Damaging or cutting roots by tunneling, trenching or digging in public areas for the purpose of installation or repair of sidewalk, curb, gas or plumbing pipes or conduits, electric lines, etc.

B. Permits shall be in writing and shall specify which of these activities is to be permitted and the time period in which it may be carried out, which shall not exceed ninety (90) days. All work shall be performed in accordance with the Rules and Regulations for Arbor Work, which the Department shall make available to the applicant. Wherever possible, the Director will ascertain that the applicant is following the Rules and Regulations for Arbor Work and, in the case of observed or reported violations, may revoke the permit. Revocations may be appealed to the Manager within five (5) days of the notice of revocation, at which time the Manager may, at his/her discretion, present the matter to Council for fact-finding.

C. Nothing in this section shall be construed as exempting abutting property owners or public utility companies, or any other person or agency from any of the requirements of this chapter.

§ 241-7 Prohibited acts.

It shall be unlawful for any person to:

A. Cut, break, climb with spikes, disturb the roots of or otherwise injure or destroy trees in any public area, or to authorize such actions. It shall not be considered a violation to trim trees or perform other activities with a valid permit from the Department specific to the tree(s) involved in accordance with § 241-6 of this chapter.

B. Cause or allow any wire or other electrical conduit to come into contact with any tree in a public area without a written permit from the Department specific to the exact tree or trees.

C. Cause or allow any oil, gasoline, herbicide, paint, brine, hot water, steam or other gas, liquid or solid substance harmful to trees to come into contact with any tree in a public area, or to enter the soil near the base or root system of a tree in any manner that might harm or kill the tree.

D. Interfere with the agents or employees of the borough while they are planting, inspecting, maintaining or removing trees.

E. Supervise or authorize construction, alternations, repairs or demolition activities in the vicinity of any tree in any public area without first placing sufficient guards or protectors as shall prevent injury or destruction of said tree arising out of the activities. The placement of guards or protectors shall be in accordance with Department rules and regulations or with written authorization of the Director.

F. Place or maintain upon the ground any asphalt, cement, stone or other material or substances in such a way as they may obstruct or further obstruct free access of air and water to the roots of any tree in any public area.

G. Fasten any rope, wire, electric attachment, sign or other device to any tree in any public area, or to any guard about such tree without a written permit from the Department, specific to the tree(s) involved.

H. Plant, prune, fertilize or apply fungicides, insecticides or other chemical substances to any tree in any public area without a written permit from the Department, specific to the tree(s) involved.

I. Remove or tamper with any object or device set for the protection or treatment of any tree in any public area without a written permit from the Department, specific to the tree(s) involved.

J. Pile any building material or make any mortar or cement within six (6) feet of any tree in any public area.

K. Hitch or fasten any animal, bicycle or vehicle to any tree in any public area.

§ 241-8 Violations and penalties.

A. Any person violating the provisions of this chapter shall, upon conviction before a District Justice of appropriate jurisdiction, be liable to pay costs of prosecution and a fine as follows:

(1) For willfully injuring or killing a living tree in any public area by any means wherein it is determined by the District Justice that the damage or destruction was intentionally caused, a fine of not less than $200 nor more than $1,000, plus the cost of treating or replacing the injured tree, shall be levied.

(2) For the failure of a property owner to remove, partly remove or treat a tree as ordered in accordance with this chapter, the guilty party shall be fined not more than $100 per day. Each day the property owner remains in violation shall constitute a separate offense.

(3) For all other violations, where it is determined by the District Justice that damage or destruction to a tree in a public area was not intentionally inflicted, a fine of not less than $25 nor more than $100, plus the cost of treating or replacing the damaged tree, shall be levied.

B. In default of the payment of such fine and costs, the guilty party shall be sentenced to a form of community service, preferably in aid of some phase of the comprehensive program for trees referred to in § 241-2C(1), or committed to the county jail for a period not to exceed 10 days for each violation or a maximum of 30 days.

C. The Borough may institute proceedings under this section by the issuance of a "notice of violation letter," assessing a civil penalty ranging from $10 to $1,000 for each offense, and provide the parties in violation of said Code section the opportunity to abate the violation and pay said civil penalty in lieu of the institution of proceedings and the imposition of the other stated penalties set forth herein.

[Added 5-9-2012 by Ord. No. 2892]