No person shall plant, prune, trim or remove
any shade trees within the Borough without first making application
upon forms furnished by the Commission and receiving an approved permit.
Property owners shall be responsible to maintain
shade trees trimmed to a minimum height over streets and highways
to provide a clearance of 13 feet and to keep shade trees trimmed
overhanging a public sidewalk to provide a minimum clearance of eight
feet. The Commission shall have the authority to designate a higher
clearance where conditions make such clearance desirable. If a property
owner shall neglect or refuse to trim shade trees after receiving
written notification from the Commission to do so within a time specified
by the Commission, the Commission may thereafter cause such trimming
to be done at the expense of the property owner. The cost of such
trimming shall be billed to the property owner and upon failure or
refusal to pay, a municipal claim shall be filed against such premises.
No shade tree shall be planted without receiving
a permit from the Commission. In order to secure uniformity and successful
growth, the species and location of any shade tree shall be reviewed
by the Commission which shall determine whether such proposed tree
is suitable.
Before and during the erection or repair of
any building or structure or during other construction, the builder,
contractor or property owner shall erect or cause to be erected suitable
guards to protect the trunk and roots of any shade tree. Construction
materials shall not be placed or stored so as to impede the passage
of air and water to the roots of any shade tree within the construction
zone.
The Commission may, upon 10 days' written notice,
order the owner of property situated within the Borough to cut down
and remove any diseased shade tree which in the judgment of the Commission
threatens to infect and destroy adjacent healthy shade trees or which
shall endanger public safety or property within the Borough. Upon
failure of the property owner to comply with the order of the Commission
within the specified time, the Commission shall have the work done
and the property owner shall be billed the actual cost of the work.
If the property owner does not pay such bill, the cost shall be filed
as a municipal claim against the property.
A property owner shall have the right to appeal
any order of the Commission to Council. Any such appeal shall be filed
in writing. Council shall hold a hearing upon such appeal in accordance
with the provisions of the Local Agency Law, 2 Pa.C.S.A. § 551
et seq.