[HISTORY: Adopted by the Borough Council of the Borough of Coudersport
as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-7-1922 by Ord. No. 214]
Carolina Poplar trees (Populus deltoides) are hereby declared to be
a nuisance in the Borough of Coudersport.
No person shall plant, set out or permit to grow any Carolina Poplar
along or upon any street, alley or highway in the said Borough of Coudersport.
[Amended 7-8-1987 by Ord. No. 474]
Any person, firm or corporation who shall violate any provision of this
article shall, upon conviction thereof, be sentenced to pay a fine of not
more than $300; and/or to imprisonment for a term not to exceed 90 days.
[Adopted 5-15-1996 by Ord. No. 537]
As used in this chapter, the following terms shall have the meanings
indicated:
A landowner whose property is adjacent to the property upon which
the proposed tree maintenance is to occur.
The Borough Council of the Borough of Coudersport.
The Shade Tree Commission of the Borough of Coudersport.
A member of the Coudersport Borough Shade Tree Commission.
Trees, shrubs, bushes and all other woody vegetation in public parks
located within the Borough and all areas owned by the Borough or to which
the public has free access, as that which is commonly known as a park.
An individual, partnership, public or private association or corporation,
firm, trust, estate, public utility or any other legal entity whatsoever which
is recognized by law as the subject of rights and duties.
Trees, shrubs, bushes and all other woody vegetation on land lying
within the public right-of-way or width of any and all streets, avenues or
ways located within the Borough.
Tree maintenance shall include planting, spraying, preserving, pruning,
removing, cutting or otherwise disturbing any tree, including both park trees
and street trees, on any land located within the street, highway or alley
right-of-way or upon municipal owned property by a person, as that term is
defined herein.
A.
There is hereby established a Shade Tree Commission pursuant
to the Borough Code, 53 P.S. § 47721 et seq.
B.
The Commission shall be composed of three residents of
the Borough who shall be appointed by the Council and shall serve without
compensation. Council shall appoint one member for a term of three years,
one member for a term of four years and one member for a term of five years.
On the expiration of the term of any Commissioner, a successor shall be appointed
by the Council to serve for a term to be filled by the Council for the unexpired
term.
A.
The Commission shall, subject to the control and direction
of the Borough Council, 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 streets and highways in the Borough. Unless otherwise expressly
stated herein, shade trees shall include both park trees and street trees.
B.
The Commission may, with the approval of the Borough
Council, employ and pay such superintendents, engineers, foresters, tree wardens
or other assistants to assist in the proper performance of the duties and
responsibilities of the Commission and to carry out the rules and regulations
of the Commission.
C.
The Commission may make and enforce regulations for the
care and protection of the shade trees of the Borough.
D.
It shall be the responsibility of the Shade Tree Commission
to study, investigate, counsel, develop, update annually and administer a
written plan for the care, preservation, pruning, planting, replanting, removal
or disposition of trees and shrubs in parks, along streets and in other public
areas. Such plan shall be presented annually to the Borough Council and, upon
Council's acceptance and approval, shall constitute the official comprehensive
tree plan for the Borough of Coudersport. The Shade Tree Commission, when
requested by the Borough Council, shall consider, investigate, take findings,
report and recommend upon any special matter or question coming within the
scope of its work.
E.
The Shade Tree Commission shall have those further responsibilities
and powers as are vested in it by the Borough Code and it is the intent hereof
that the Shade Tree Commission code vested with all of the powers and responsibilities
which are permitted it under the Borough Code.
The Shade Tree Commission shall choose its own officers and make its
own rules and regulations and keep a journal of its proceedings. A majority
of the members shall be a quorum for the transaction of business and it shall
conduct itself in accordance with the requirements, including the giving of
notices, as are set forth in the Borough Code.
A list of the official street tree species which are permissible for
use within the Borough of Coudersport is available at the Borough Office.
The Borough Council shall be authorized at any time, and from time to time,
to make adjustments, modifications and changes regarding said list. The list
shall designate trees therein listed as small, medium or large trees. No species
other than those included in the shade tree list may be planted as street
trees without prior written permission of the Shade Tree Commission. For the
purposes of this article, the following criteria will be used to determine
the proper tree species:
A.
Small trees. Small trees are those trees which are expected
to grow at maturity to a height which would be under 30 feet.
B.
Medium trees. Medium trees are those trees which are
expected to grow at maturity to a height of not greater than 30 to 45 feet.
C.
Large trees. Large trees are those trees which are expected
to grow to a height of over 45 feet.
The spacing of street trees will be in accordance with the three species size classes listed in § 404-8, above, and no trees may be planted closer together than the following:
A.
Small trees: 25 feet.
B.
Medium trees: 35 feet.
C.
Large trees: 50 feet, except in special plantings which
are expressly approved by the Shade Tree Commission. The Shade Tree Commission
is authorized to promote rules and regulations which set forth criteria under
which such special plantings may be approved.
The distance trees may be planted from the curb or curb lines and sidewalk will be in accordance with the three species size classes listed in § 404-8 of this article and no trees may be planted closer to any curb or sidewalk (unless otherwise specially approved by the Shade Tree Committee) than the following:
No street trees shall be planted closer than 35 feet from any street
corner measured from the point of nearest intersecting curbs or curb lines.
No street tree shall be planted closer than 10 feet from any fire plug, except
as approved by the Shade Tree Commission or the Coudersport Borough Council.
No street tree, other than those species listed as small trees in the official street tree list described in § 404-8 of this article, may be planted under or within 10 lateral feet of any overhead utility wire or over or within five feet of any underground water line, sewer line, transmission line or other utility.
A.
The Shade Tree Commission shall have the right to plant,
prune, maintain and remove street trees and park trees as may be necessary
to ensure public safety or to preserve or enhance the symmetry and beauty
of any such public grounds. No vegetation shall obstruct any sidewalk located
within any public right-of-way.
B.
Except in the case of emergencies, whenever the Shade
Tree Commission proposes to plant, transplant or remove shade trees within
the street, highway or alley, including any right-of-way associated therewith,
notice of the time and place of the meeting at which such work is to be considered
by the Shade Tree Commission shall be given in one newspaper of general circulation
in the Borough once a week for two weeks immediately preceding the time of
the meeting. The notice shall specify in detail the street, highway or alley,
right-of-way or portion thereof upon which trees are proposed to be planted,
replanted or removed.
C.
The cost of planting, transplanting or removing any shade
trees in and along the streets, highways, alleys or rights-of-way associated
therewith in the Borough, of the necessary and suitable guards, curbing or
grading for the protection thereof and of the replacing of any pavement or
sidewalk necessarily disturbed in the execution of such work shall be paid
by the owner(s) of the real estate abutting the location where the work is
done. The amount each owner is to pay shall be ascertained and certified by
the Shade Tree Commission to the Coudersport Borough Council.
D.
Upon the filing of the aforesaid certificate with the
Council, the Borough Secretary shall cause 30 days written notice to be given
to every person against whose property an assessment has been made. The notice
shall state the amount of the assessment, the time and place of payment and
shall be accompanied with a copy of the certificate. The amount assessed against
the real estate shall be a lien from the time of the filing of the certificate
with the Council and if not paid within the time designated in the notice,
a claim may be filed and collected in accordance with applicable law.
E.
The cost and expenses of caring for shade trees after having been planted and the expense of publishing the notice asset forth in this § 404-13 shall be paid by the Borough. The amount required to defray the said cost and expenses and publication costs shall be certified by the Shade Tree Commission each year to the Council. The Council may levy general tax not to exceed the sum of 1/10 of one mill on the dollar on the assessed valuation of the property in the Borough taxable for county purposes for the purpose of defraying the cost and expenses of caring for such shade trees and the expense of publishing the notice as provided for in this § 404-13 or the Council may provide for the expense of caring for trees already planted and of publishing the said notice by appropriation equal to the amount certified to be required by the Commission.
F.
The Shade Tree Commission may remove or cause or order
to be removed any tree or part thereof which is in an unsafe condition or
which, by reason of its nature, is injurious to sewers, electric power lines,
gas lines, water lines or public improvements or as affected with any injurious
fungus, insect, pest or other disease.
G.
This section shall not be interpreted as prohibiting
the planting of street trees by adjacent property owners provided that the
selection and location of said street trees is in accordance with the provisions
of this article.
A.
It shall be unlawful for any person, as that term is
defined herein, to top any street tree or park tree unless otherwise authorized
by the Shade Tree Commission or by the Borough Council of the Borough of Coudersport.
B.
Topping is defined as the severe cutting back of limbs
to stubs larger than three inches in diameter within the tree's crown to such
a degree as to remove the normal canopy and disfigure the tree. Trees severely
damaged by storms or other causes or certain trees under utility wires or
other obstructions where other pruning practices are impractical may be exempted
from this article; provided, however, that such special exception is duly
authorized in writing by the Shade Tree Commission.
A.
It shall be the duty of any person or persons owning
or occupying real property bordering on any street upon which property there
may be trees, to prune such trees in such manner that they will not obstruct
or shade the street lights, obstruct the passage of pedestrians on sidewalks,
obstruct the passage of sidewalk snowplows, obstruct vision of traffic signs
or obstruct view of any street or alley intersection.
B.
Every owner of any tree overhanging any street or right-of-way within the Borough shall prune the branches so that they will not obstruct the light from any street lamp or obstruct the view of any street section or street intersection and so that there shall be a clear space of 15 feet above the cartway of any street, 15 feet above the berm of any street, eight feet above any other area within the street right-of-way and eight feet above any sidewalk. Additionally, every owner of any tree shall prune all dead, diseased, broken or decayed limbs of trees overhanging any street or right-of-way within the Borough. For purposes of tree pruning as required by this § 404-15, the owner of the tree which requires pruning shall be exempt from the application and permit process as set forth in § 404-20 of this article.
C.
In the event the owner of a tree fails to prune branches as specified in this § 404-15, the permit officer, hereinafter designated, shall provide the owner with written notice by regular first class mail of the necessity to prune overhanging tree branches and/or dead, diseased, broken or decayed limbs which constitute a menace to the safety of the public. Said notice shall contain at least the following:
(1)
The location of the affected tree or trees on the owner's
property.
(2)
The species of the affected tree or trees.
(3)
The location of the branch or branches to be pruned.
(4)
The manner in which the branches should be pruned.
(5)
The time period within which to conduct the pruning,
which period shall not be less than 30 days.
(6)
A statement of the penalty to be imposed by the Borough
for noncompliance with the notice.
D.
In the event the owner, after having been served with
the written notice aforesaid, fails to conduct the pruning as specified in
the notice, the Borough may cause the pruning to be conducted by the Borough
and levy and collect the costs thereof from the owner of the property. The
cost of such work shall be a lien upon the premises from the time of the commencement
of the work. Any such lien may be collected by an action in assumpsit or by
lien filed in the manner provided by law.
A.
The Borough shall have the right to cause the removal
or pruning of any dead or diseased tree on private property within the Borough
when such tree constitutes a hazard to life or property or harbors insects
or disease which constitutes a potential threat to other trees within the
Borough. The permit officer shall provide the owner of the tree with written
notice by regular first class mail of the need to remove or prune a dead or
diseased tree. Said notice shall contain at least the following:
(1)
The location of the affected tree or trees on the owner's
property.
(2)
The species of the affected tree or trees.
(3)
The method of tree removal or pruning.
(4)
The time period within which to remove or prune the tree,
which period shall not be less than 30 days from the date of the notice.
(5)
A statement of the penalty to be imposed by the Borough
for noncompliance with the notice.
B.
In the event the owner fails to remove or prune the dead
or diseased tree after having been served with the aforesaid written notice,
the Borough shall cause the tree to be removed, pruned and levy and collect
the costs thereof from the owner of the property. The cost of such work shall
be a lien upon the premises from the time of the commencement of the work.
Any such lien may be collected by an action in assumpsit or by a lien filed
in the manner provided by law for the filing and collection of municipal claims.
All stumps of street trees shall be removed to the surface of the ground.
Unless specifically authorized by the Shade Tree Commission, no person
shall intentionally damage, cut, carve, transport or remove any tree; attach
any wire, nail, advertising poster or other contrivance to any tree; allow
any gaseous, liquid or solid substance which is harmful to such tree to come
into contact with them; or set fire or permit any fire [to] burn when such
fire or heat thereof will injure any portion of the tree.
A.
The Shade Tree Commission shall appoint an individual
to serve as the Coudersport Borough Shade Tree Permit Officer.
B.
The permit officer shall have those duties and responsibilities
delegated to him by the Shade Tree Commission, which duties and responsibilities
shall include, but not be limited to, the following:
(1)
Distributing, accepting, investigating and approving
applications for tree maintenance.
(2)
Providing written and public notice of proposed tree
maintenance in accordance with the provisions of this article and the Borough
Code.
(3)
Issuing and revoking tree maintenance permits.
(4)
Inspecting the site of tree maintenance to determine
compliance with the application, this article and applicable laws and regulations.
(5)
Overseeing the tree maintenance.
(6)
Implementing and enforcing the provisions of this article
and regulations of the Shade Tree Commission now in effect or as may be from
time to time enacted.
C.
The Permit Officer shall immediately notify the Shade
Tree Commission of any conflict of interest relating to an application for
tree maintenance coming before him. In such event, the Shade Tree Commission
shall delegate the duties and responsibilities of the Permit Officer with
respect to that particular application to a member of the Borough Council,
Mayor or Borough Manager.
A.
No person shall conduct tree maintenance as that term
is defined herein without first filing an application and procuring a permit
to perform such activity from the permit officer; provided, however, that
Borough employees performing tree maintenance within the scope of their employment
shall be exempt from application and permit requirements. A permit will not
be required to conduct tree maintenance in emergency situations such as snow
or wind storms where immediate action is necessary to protect property or
to protect the public's safety.
B.
An application for a permit to conduct tree maintenance
shall be made in writing to the permit officer on forms supplied by the Borough
at least 20 days in advance of the contemplated tree maintenance. Such application
shall contain at least the following:
(1)
The name and address of the applicant.
(2)
The location of the affected property.
(3)
The species of the tree(s).
(4)
The number of trees affected.
(5)
The purpose for the tree maintenance.
(6)
The nature of proposed tree maintenance.
(7)
The time period for which the permit is requested.
(8)
The location of existing utility lines and poles.
(9)
Maps or sketches identifying the location of the applicant's
property, the location of the tree(s) upon the applicant's property and the
location of existing utility lines and poles.
(10)
The name(s) and address(es) of adjacent landowners affected
by the tree maintenance.
C.
Applicants shall submit any other pertinent information
as may be reasonably requested by the permit officer to adequately apprise
him of the location, nature, extent and purpose for the contemplated tree
maintenance.
D.
Upon a receipt of the completed application for a permit,
the person making application shall promptly provide written notice by first
class mail of the contemplated tree maintenance together with a copy of the
application to all adjacent landowners identified in the application. The
notice shall advise the adjacent landowner(s) of their right to enter objections
to the proposed tree maintenance within 10 days from the date of mailing of
said notice by mailing same to the permit officer via regular first class
mail. Any resident of the Borough may enter written objections within the
time period set forth above.
E.
In the event the applicant is a utility which desires
to conduct Borough wide tree maintenance or conduct tree maintenance on a
broad scale such as would make individual notification to each affected property
owners impractical, the permit officer, in lieu of written notice, shall cause
a notice of the utility's contemplated community wide or broad scale tree
maintenance to be published for one week in a paper of general circulation
in the Borough so as to afford Borough residents appropriate notice of the
intended tree maintenance.
F.
In determining whether to grant or deny an application
for a tree maintenance permit, the factors to be considered by the permit
officer shall include, but not be limited to:
(1)
Age, condition and species of the tree(s).
(2)
Proximity to utility lines and poles.
(3)
Proximity to municipal service lines such as water and
sewer lines.
(4)
The nature and extent of the tree maintenance.
(5)
The manner in which the tree maintenance will be conducted.
(6)
The needs of the applicant.
(7)
The objections, if any, of adjacent landowners or residents
of the Borough of Coudersport.
G.
In the event objections are received to the application,
the permit officer shall, prior to the grant or denial of the permit, investigate
the position of the adjoining landowners and make a determination as to the
merits of the objections.
H.
In the event no objections are taken by any resident
of the Borough of Coudersport within the specified time period and in the
event the permit officer determines, after investigation, that the proposed
tree maintenance is reasonable and is in compliance with this article and
the rules and regulations of the Shade Tree Commission, the permit shall issue.
I.
No permit shall issue for longer than a period of one-year.
A permit shall not be unreasonably withheld by the permit officer.
J.
In the event that written objections are received to
the application and the permit officer none the less believes that the permit
should issue, the permit officer shall, within 10 days of the receipt of the
written objection, provide written notice to the objecting party of his intention
to issue the permit. The objecting party shall have 10 days from the date
of said notice to appeal the decision of the permit officer to the Shade Tree
Commission. No permit shall issue during this ten-day period.
K.
The person receiving the permit shall abide by specifications
or requirements reasonably imposed by the permit officer with respect to the
tree maintenance and any reasonable changes with respect to the proposed tree
maintenance which may be deemed appropriate by the permit officer.
L.
After the issuance of the tree maintenance permit by
the permit officer, no changes of any kind shall be made to the application,
permit or any of the plans, specifications or other documents submitted with
the application without the written consent or approval of the permit officer.
Request for any such change shall be in writing and shall be submitted by
the applicant to the permit officer for consideration.
M.
During the time the tree maintenance is in progress,
the permit officer may inspect the premises as often is necessary to determine
that the work is progressing in compliance with the information provided on
the permit application, with this article and the rules and regulations the
Commission. A record of all such inspections shall be maintained.
N.
In the event the permit officer discovers that the tree
maintenance is not proceeding in accordance with the permit of this article
or the rules and regulations of the Commission that there has been a false
statement or misrepresentation by an applicant, the permit officer shall revoke
the permit and report such fact to the Shade Tree Commission for whatever
action it considers necessary. A record of all such violations shall be maintained.
O.
This section shall only apply to situations where a person
conducts tree maintenance of five or more trees within any three-month period.
It shall be unlawful for any person to prevent, delay or interfere with
the Shade Tree Commission or any of its agents while engaging in or about
the planting, cultivating, mulching, pruning, spraying or removal of any shade
tree, park tree or tree on private grounds as authorized in this article.
It shall be unlawful for any person, corporation, partnership, unincorporated
association or firm to engage in the business or occupation of pruning, treating
or removing street trees on park trees within the Borough without first applying
for and procuring a license. The license fee shall be $25 annually in advance;
provided, however, that no license shall be required of any public service
company or Borough employee doing such work in the pursuit of their public
service endeavors. Before any license shall be issued, each applicant shall
first file evidence of possession of liability insurance in the minimum amount
of $50,000 for bodily injury and $100,000 property damage indemnifying the
Borough for any person injured or damaged resulting from the pursuit of such
endeavors as herein described.
A.
Any person aggrieved by an action or decision of the
permit officer concerning the administration of the provisions of this article
or the issuance, failure to issue or revocation of a tree maintenance permit
may appeal to the Shade Tree Commission. Any person aggrieved by an action
or decision of the Shade Tree Commission may appeal from such ruling to the
Borough Council.
B.
Except as to appeals of objecting parties as set forth in § 404-20J, all appeals must be made within 30 days after the adverse ruling and must be in writing. Service of said written appeal shall be effectuated by serving the secretary of the Shade Tree Commission or the Borough Council, as the case may be, by any form of mail requiring a receipt signed by the respective Secretary.
C.
All written appeals shall set forth with particularity
all grounds for the appeal and all of the material facts stated in concise
and summary form which give rise to tree appeal. The appellant shall waive
all reasons, bases, arguments and issues not presented in the appeal at the
time of filing. The burden of proof shall be on the applicant.
D.
Upon receipt of such appeal, a time and place not less
than 10 days nor more than 30 days after the filing of said written appeal
shall be selected for the purpose of hearing the appeal. Notice of the time
and place of the hearing of the appeal shall be given to all parties in interest
by the Secretary of the Shade Tree Commission or the Borough Council, as the
case may be.
E.
Any person aggrieved by a decision of the Council of
the Borough of Coudersport may seek relief therefrom by appeal to the Court
of Common Pleas, as may be provided by the laws of this commonwealth.
Any violation or failure to comply with any provision of this article
shall constitute a summary offense and prosecution for every such offense
shall be according to the practice in the case of summary convictions. Upon
conviction, each such summary offense shall result in a fine of not greater
than $300 or imprisonment not to exceed 90 days or both.
