[HISTORY: Adopted by the Borough Council of the Borough of Sayre 6-26-2006 by Ord. No. 842.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 134A.
[1]
Editor's Note: This ordinance superseded former Ch. 153, Trees, adopted 1-9-1967 by Ord. No. 429 as Ch. 42 of the 1967 Code, as amended.
The purpose of this chapter is to establish a desirable amount of tree cover on public lands within the Borough; maintain Borough trees in a healthy and nonhazardous condition through good arboricultural practices; establish and maintain appropriate diversity in tree species and age classes to provide a stable and sustainable urban forest; promote conservation of tree resources; and select, situate and maintain street trees appropriately to minimize hazard, nuisance, hardscape damage and maintenance costs.
As used in this chapter, the following terms shall have the meanings indicated:
BOROUGH
Borough of Sayre.
CARTWAY
The paved portion of the roadway utilized for vehicular traffic.
CODE OFFICER
The Building, Property Maintenance, and Zoning Enforcement Official for Sayre Borough.
[Added 12-21-2016 by Ord. No. 931]
HAZARDOUS TREES/BRANCHES
Any dead, diseased, broken or mutilated trees, branches or parts of trees which are in a state of decomposition and pose a threat to public safety.
PERMIT
A written license granted by the Borough to a person to plant or remove any shade tree in the Borough.
PERMIT FEE
The initial cost of said permit shall be $10, subject to the permit fee amount periodically changing by Borough resolution.
PERSON
Any individual, firm, partnership, association, corporation, company or organization of any kind.
SHADE TREE
Any planted tree located within the right-of-way of the public streets and highways of the Borough. "Shade tree" does not include trees growing naturally within the Borough rights-of-way.
SHADE TREE COMMISSION
The body that has jurisdiction over all street trees.
STREET or HIGHWAY
The entire width of every municipal way or right-of-way when any part thereof is open to the use of the public, as a matter of right, for purposes of vehicular and pedestrian traffic.
TREE
A large perennial plant with one main trunk and many branches.
TREE LAWN
That part of the street or highway right-of-way adjacent to developed property, not covered by sidewalk or other paving, lying between the sidewalk and that portion of the street or highway used for vehicular traffic.
[Amended 9-18-2008 by Ord. No. 860]
A. 
There is hereby created a commission to be known and designated as the “Shade Tree Commission.” The Commission shall consist of five members, all of whom shall be residents of the Borough. All will serve without compensation.
B. 
Two members shall serve for three years, two for four years and one for five years. On the expiration of the term of any Commissioner, a successor shall be appointed by the Council to serve for a term of five years. Vacancies in the office of Commissioner shall be filled by the Council for the expired term.
A. 
The Shade Tree Commission and/or Code Officer shall have exclusive custody and control of the shade trees in the Borough and is authorized to plant, remove, maintain and protect shade trees on the public streets within the municipality.
[Amended 12-21-2016 by Ord. No. 931]
B. 
The duties of the Commission shall be as follows:
(1) 
To study the problems and determine the needs of the Borough regarding shade trees on the public streets.
(2) 
To recommend to the Council the type and size of trees to be planted upon the Borough streets or parts thereof as designated, and to develop a tree replacement program along the treeless parkway areas.
(3) 
To assist the Council and Borough officials in the dissemination of news and information regarding the selection, planting and maintenance of trees upon the streets and to make such recommendations from time to time to the Council as to desirable legislation concerning the shade tree program and activities for the Borough.
(4) 
To conduct regular and special meetings at which the subject of shade trees may be discussed by the members of the Commission, officers and personnel of the Borough and all others interested in the shade tree program.
(5) 
To annually report in full to the Council the transactions and expenses of the Commission for the previous fiscal year.
C. 
Within a reasonable time after the appointment of said Commission and the approval of the members thereof, upon call of the Council, said Commission shall meet and organize by the election of a Chairman. The Commission shall then provide for the adoption of rules and procedures and for the holding of regular and special meetings as said Commission shall deem advisable and necessary in order to perform the duties set forth.
No person shall plant or remove any shade tree under the jurisdiction of the Borough. Furthermore, no person shall remove any healthy tree without permission from the Shade Tree Commission.
A. 
It is the duty and responsibility of the property owner or occupier of property abutting streets and highways in the Borough to properly maintain any tree lawns adjoining the property. This includes maintenance of trees and other vegetation in a manner so as not to create a safety or liability problem for motorists, pedestrian traffic or other activities within the right-of-way. The Borough may require that the cost of tree planting, transplanting, trimming and removal of street trees in the tree lawns be paid by the owner of the real estate abutting the street where the work is to be done. In areas where tree lawns exist, the setback for tree planting shall be at a point halfway between the curb and sidewalk. However, no tree shall be planted in a tree lawn within 15 feet of the near edge of the curb of an intersecting street.
B. 
In rural or undeveloped areas where sidewalks and curb are not present, the right-of-way may vary in width, but does exist. The abutting property owner shall be responsible for trees and other vegetation growing in the area between the edge of the cartway and the right-of-way line in such rural or undeveloped areas. Trees in these areas shall be pruned to conform with §§ 153-8 and 153-9. Where no curbing exists, the setback for tree planting shall be eight feet from the center of the drainage swale which parallels the cartway. In the absence of a drainage swale the setback shall be eight feet from the edge of the cartway. However, no tree shall be planted within 15 feet of the near edge of the cartway of an intersecting street.
C. 
All trees and other vegetation within the Borough rights-of-way must be pruned or trimmed in a manner to allow for full visibility of street signage and the minimum required sight distance.
[Amended 12-21-2016 by Ord. No. 931]
A. 
The Shade Tree Commission and/or Code Officer may, upon 30 days’ written notice, require a property owner to cut and remove trees afflicted with any disease or infested with any insect that threatens to injure or destroy shade trees in the Borough. Upon failure of any such owner to comply with such notice, the Borough may undertake the work to be done and collect the costs thereof and a 10% surcharge from the owner of the property.
B. 
The property owner shall, if he does not agree with the Shade Tree Commission and/or Code Officer to cut or remove a diseased or infested tree, request a hearing before the Borough Council. The Borough Council will conduct a hearing under the Local Agency Law.[1] The property owner, if he does not agree with the decision of the Borough Council, may appeal the decision to the Bradford County Court of Common Pleas.
[1]
Editor’s Note: See 2 Pa.C.S.A. §§ 551 and 751.
C. 
The Shade Tree Commission and/or Code Officer will consult a tree expert from the Penn State Cooperative Extension or such other recognized tree expert to determine the diseased condition of the tree and the need to remove said tree.
A. 
Removal by the property owner of nondiseased trees or those not infested by insects shall not be permitted unless, in the judgment of the Shade Tree Commission and/or Code Officer, one or more of the following criteria exist:
[Amended 12-21-2016 by Ord. No. 931]
(1) 
A tree will sustain substantial damage due to the installation or repair of underground utilities where no other alternative, such as tunneling, sleeving or relocation, exists.
(2) 
A tree is causing traffic safety problems and pruning or other less invasive techniques would not eliminate the problems.
(3) 
A tree has caused substantial sidewalk damage and repair or replacement of the sidewalk would inflict serious root damage to the tree.
B. 
In the event that the property owner neglects or refuses to maintain trees at the prescribed level within the time specified, as notified, in writing, the Borough may perform such work at the owner's expense in the same manner as otherwise specified in this chapter.
Prior to a utility company trimming or pruning a shade tree it shall present a report from a certified tree expert indicating the proper pruning plan for said tree. In the event, because of trimming or pruning, a tree has to be removed, the utility company causing said damage to the tree shall be responsible for the removal and replacement with an approved shade tree. The utility company shall comply with the proper manner of trimming or pruning shade trees as set forth in this chapter.
A. 
All trimming and pruning of shade trees shall be done in a manner to ensure natural growth of such tree and a natural appearance. Poling or topping trees (removal of 2/3 or more of the crown) is specifically prohibited.
B. 
All pruning of shade trees within the Borough of Sayre shall conform to an ANSI A300-1995 pruning standards, "Tree, Shrub and other Woody Plant Maintenance Standard Practices." All work must also conform to the latest revision of the American National Standards Institute ANSI Z133.1 (Safety Requirements for Pruning, Trimming, Repairing, Maintenance, Removing Trees and for Cutting Brush). Copies of both standards, ANSI A300-1995 and ANSI Z133.1, are on file in the Borough Hall.
All branches of shade trees shall be kept trimmed in a manner to maintain a minimum height of 18 feet where they overhang a street and eight feet where they overhang a sidewalk. All shade trees standing on private property and having branches overhanging sidewalks or streets shall also be kept pruned by the owner so the lowest branches are in compliance with this section. In the event that the property owner neglects or refuses to maintain trees at the prescribed level within the time specified, as notified, in writing, the Borough may perform such work at the owner's expense in the same manner as otherwise specified in this chapter.
In the event that a shade tree or its parts are felled by a storm or other accident, the tree shall be removed from the cartway of the street by the Borough without charge. Property owners shall be responsible for any other removal or cleanup.
In the event that a shade tree is damaged, the Borough may charge for repairs or replacement or make a charge for the appraised value of the tree against the person responsible for the damage of said tree.
After removal of a tree, the remaining stump shall be removed to a point not less than six inches below the grade of the surrounding area. If a replacement tree is to be planted at the same location, the stump will be removed to accommodate the replacement tree.
The property owner shall trim or cause to be trimmed any tree branches so that they do not obstruct light from streetlights. In the event that the Borough performs said work, the abutting property owner may be responsible for the expense as otherwise specified in this chapter.
[Amended 12-21-2016 by Ord. No. 931]
Where hazardous shade trees or branches overhang the cartway of a street or otherwise exist within the right-of-way, the Borough may cause them to be removed at its expense so as to maintain public safety within the right-of-way. In the event of an emergency or hazardous situation, the Shade Tree Commission and/or Code Officer may require them to be removed within 24 hours.
A. 
As a condition to any permit to remove any shade tree, the Borough may:
(1) 
Require that the permittee plant, at its own expense, another tree in place of the one removed; and
(2) 
In such case, direct the type, size and location of the tree to be planted and the season within which the work shall be done.
B. 
A replacement tree shall be planted within six months of removal of the previous tree.
Spacing between newly planted shade trees shall not be less than 25 feet nor more than 40 feet and may vary with the species of tree(s) being planted. In addition to the restrictions established under § 153-6 of this chapter, no shade tree shall be planted less than 12 feet from a fire hydrant, light standard or utility pole.
[Amended 9-18-2008 by Ord. No. 860]
Tree replacement size shall be measured at a point six inches above planting level. All trees shall be 1 1/2 inches in diameter at this point and shall have no branches below a height of five feet measured from ground level.
[Amended 12-21-2016 by Ord. No. 931]
All trees planted under overhead utilities shall be a species which does not obstruct the wires. They shall be small trees or medium trees, according to utility height, and shall be specified by the Shade Tree Commission and/or Code Officer.
[Amended 12-21-2016 by Ord. No. 931]
The Shade Tree Commission and/or Code Officer may, in some cases, require root control devices or material to minimize the effect of root growth on sidewalks, curbs or underground utilities. The need and type of control shall be prescribed by the Shade Tree Commission and/or Code Officer, where necessary.
No person shall break, injure, mutilate, kill or destroy any shade tree or set fire to or permit fire to burn any shade tree. No person shall allow any toxic chemical, liquid or solid, to empty, drain or seep onto shade trees or their root systems. No person shall permit any gas pipe or main to leak into the root zone of said tree.
All tree maintenance contractors who trim or remove or otherwise maintain trees located within the Borough rights-of-way shall possess general liability insurance coverage with a policy limit of not less than $500,000 for each occurrence.
[Amended 12-21-2016 by Ord. No. 931]
The Shade Tree Commission and/or Code Officer shall have the power, in appropriate cases, to permit deviations from strict compliance with this chapter whenever, due to special circumstances, literal enforcement of this chapter would be impossible, impractical or not in the best interest of the Borough.
Payment of costs for work done by the Borough shall be due and payable 30 days after proper invoice by the Borough to the property owner. If the property owner does not make payment within 30 days, said costs shall be considered as an assessment to the property and the Borough Solicitor shall file a lien against the property to ensure payment as may be provided by law.
[Amended 12-21-2016 by Ord. No. 931]
The planting of any species of tree within the Borough right-of-way other than those approved by the Shade Tree Commission and/or Code Officer is prohibited. A list of approved trees shall be maintained by the Shade Tree Commission and/or Code Officer and made available to the public through the Code Office or the Borough Hall. Any person desiring to plant a tree which does not appear on the list within the Borough right-of-way shall make application to the Shade Tree Commission and/or Code Officer for approval of the desired species.
The Borough, in its sole discretion, shall have the authority to plant, trim, remove or otherwise maintain any shade trees at its expense or the expense of the affected property owner.
Any person or persons, firm or corporation who or which violate any of the provisions of this chapter shall, upon conviction, be sentenced to pay a fine of not less than $50 nor more than $600, plus the costs of prosecution. Each day during which the violation occurs or persists shall constitute a separate offense.