[HISTORY: Adopted by the Borough Council
of the Borough of Eagles Mere 8-3-1998 by Ord. No. 119; amended in its entirety 8-4-2017 by Ord. No. 2017-03. Subsequent amendments noted where applicable.]
This chapter shall be known and may be cited as the "Eagles
Mere Borough Shade Tree Ordinance."
As used in this chapter, the following terms shall have the
meanings indicated:
The Borough of Eagles Mere.
The Borough Council of the Borough of Eagles Mere, Sullivan
County, Pennsylvania.
Land owned by one or more persons which is adjacent to a
right-of-way, extending for a distance of up to 15 feet from the street
line or public street or from the edge of any sidewalk.
Any street, avenue, boulevard, road, highway, alley or any
other ways used or intended to be used by vehicular traffic or pedestrians
from curb to curb or, where there are no curbs, from the edge of the
berm to the edge of the berm.
A corridor of land set aside for use, in whole or in part,
for a street.
A tree which may exceed 20 feet in height and situated within
the Shade Tree Commission right-of-way. Smaller trees and associated
shrubs are included in specific instances of concern involving public
health and/or safety.
The right-of-way plus an additional 10 feet on either side
of the right-of-way.
Includes street, avenue, boulevard, road, highway, freeway,
parkway, lane, alleyway, viaduct and any other ways used by vehicular
traffic, including, if applicable, the area commonly referred to as
"the berm" and shown on the official Borough street maps.
A line separating a lot from an adjacent street.
The Borough Council of the Borough of Eagles Mere hereby creates
a Shade Tree Commission, to be composed of three residents of the
Borough who shall be appointed by the Borough Council and shall serve
without compensation for their terms of office and with all the rights,
powers, duties and obligations set forth in this chapter.
The members of the Commission shall be appointed by the Borough
Council for terms of five years, provided that for the first members
of said Commission, one member shall be appointed for a term of three
years, one for a term of four years and one for a term of five years.
On the expiration of the term of any Commissioner, a successor shall
be appointed by the Borough Council to serve for a term of five years.
Vacancies in the office of Commissioner shall be filled by the Borough
Council for the unexpired term.
The Shade Tree Commission shall be empowered to:
A.
Advise the Borough Council and recommend to individual owners of
private property actions that, in its opinion, should be taken within
the Shade Tree Commission's right-of-way consistent with the
purposes of promoting public safety and natural beauty.
B.
Develop or obtain and make available pertinent educational materials
to members of the community.
C.
Develop and actively support an annual Arbor Day tree planting/maintenance
work program, education, guidance and direction upon request of Borough
Council.
The Shade Tree Commission's functions are strictly advisory
and educational and may include monitoring and inventory activities
from time to time.
Neither the Shade Tree Commission collectively nor any of its
members individually shall be held liable for any action taken by
the Borough Council under this chapter.
A.
Selection.
(1)
The Shade Tree Commission shall maintain and distribute, upon request,
a listing and other pertinent information regarding tree varieties
appropriate to the Borough's climate zone.
(2)
Any tree to be planted under electric or other utility lines must
be a variety whose mature height will not interfere with the line(s).
B.
Planting.
(1)
No plant pit shall be dug until the location of all local underground
lines and pipes are checked by the private owner or the Borough through
the Pennsylvania One Call System. Excavated plant pits that will be
left open when work is not in progress or pose hazards to pedestrians
or vehicles shall be adequately barricaded with qualified warning
devices.
(2)
Through direct advice and dissemination of educational materials,
the Shade Tree Commission shall guide private owners on proper planting
techniques. Under most circumstances, private owners shall be responsible
for both site preparation and planting, except when organized volunteer
programs are involved.
C.
Maintenance.
(1)
Private owners shall be ultimately responsible for proper maintenance
of shade trees situated on their property. In this regard, the Shade
Tree Commission shall provide guidance materials and/or recommend
appropriate techniques upon request.
(2)
All shade trees shall be pruned so as to maintain at all times a
clear space of at least eight feet between the lower portion of every
such tree and the surface of the sidewalk or walkway below. Topping
of live trees shall be unlawful and is defined as the severe cutting
back of limbs to stubs within the tree's crown to such a degree
as to remove the normal canopy and disfigure the tree.
(3)
The Borough Council, with or without advice from the Shade Tree Commission,
may require removal, pruning or treatment of shade trees, shrubs or
any combination thereof on private property or within the Shade Tree
Commission right-of-way where public health or safety is determined
to be at risk. In making such determination, the Borough Council may
seek the advice of the Shade Tree Commission, professional foresters,
licensed arborists or other persons experienced in this subject.
D.
Removal and replacement.
(1)
A private owner must inform the Borough prior to removing any shade
tree located in the Shade Tree Commission right-of-way. The private
owner shall replace the removed tree within two years of its removal
with another tree species appropriate to the climate zone and the
specific planting site. The private owner shall bear the cost of removal
and replacement, except in unusual circumstances when any free nursery
stock suitable for the planting site is available from or through
the Commission.
(2)
Pursuant to § 36-4 of this chapter, the Shade Tree Commission has the authority to enter onto private property for the purpose of inventory and/or inspection wherever there is located a tree, shrub or other plant or plant part suspected by being diseased or infested with insects such that such disease or infestation may cause a hazard to other trees or property in the Borough and to advise the private owner of its recommendation to remove, prune and/or treat accordingly. However, any steps or actions to require a private owner to conduct such activity, or to pay for such work, shall be the exclusive responsibility of the Borough Council.
In addition to any other remedies available to the Borough,
a person who shall violate the provisions of this chapter may be contacted
by a representative of the Borough to discuss the violation relative
to the intent of the ordinance regarding tree removal, replacement
or treatment/maintenance. A written notice shall be sent following
the initial contact outlining the work to be done and a time limit
for completion. Noncompliance with the notice may result in Borough
Council authorizing the removal, trimming or treatment at the owner's
expense.
