[HISTORY: Adopted by the Borough Council of the Borough of Glenolden 10-11-1984 by Ord. No. 889, approved 10-11-1984.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 144.
[1]
Editor's Note. This ordinance supersedes former Ch. 151, Trees,
adopted 6-10-1943 by Ord. No. 416, approved 6-15-1943, as amended.
As used in this chapter, the following terms shall have the meanings
indicated:
A permit, in writing, issued by the Secretary of the Shade Tree Commission
of the Borough of Glenolden or the appropriate designated agent or representative
of the Borough of Glenolden.
Includes individuals, corporations, groups of individuals, firms,
associations and the servants, agents or other employees of such individuals,
corporations, groups of individuals, firms and associations.
Area, including cartways and sidewalks, within public right-of-way
lines for streets, highways, alleys and public ways within the Borough of
Glenolden and all property owned by the Borough of Glenolden.
Any tree, shrub or other woody plant or any part thereof which is
in or upon or which extends within the lines of any public street, highway,
avenue, park, parkway or other public area of the Borough.
A.
There shall be created a Commission to be known and designated
as "Shade Tree Commission." The Commission shall consist of three members,
all of whom shall serve without compensation. The initial terms of office
shall be a term of five years for one member, a term of four years for one
member and a term of three years for one member. Upon the expiration of the
initial terms of office, members shall be appointed to serve terms of five
years. If a vacancy occurs or the term of any Commissioner expires, a successor
shall be appointed by Borough Council to serve the balance of the unexpired
term. Ad hoc members shall serve on the Board as Council may desire.
B.
The Commission shall have exclusive custody and control
of all shade trees in the Borough of Glenolden and shall have the authority
to adopt such rules and regulations as may be necessary to carry out the intent
of this chapter. Regulations for the planting, care, trimming and removal
of trees shall be aimed not only at the elimination of economic waste by reason
of damage to the public property and/or the property of others and the public
health, safety and welfare, but also at the beautification of the streets,
highways, avenues, parks, parkways and other public areas of the Borough.
In carrying out the provisions of this chapter, the Commission may be guided
by the standards of the National Shade Tree Conference or any other similar
organization which promulgates standards which would carry out the intent
of this chapter.
C.
The activities of the Commission shall include, but not
be limited to:
(1)
Studying the problems and determining the needs of the
Borough of Glenolden in connection with its tree-planting program;
(2)
Recommending to the Borough Council the type and kind
of trees to be planted within the Borough;
(3)
Assisting the Borough of Glenolden as well as the citizens
of the Borough in disseminating news and information regarding the selection,
planting and maintenance of trees within the Borough limits, on private or
public property:
(4)
Making recommendations from time to time to the Borough
Council regarding desirable legislation regarding the tree program activities
of the Borough; and
(5)
Providing regular and special meetings at which the subject
of trees insofar as it relates to the Borough of Glenolden may be discussed
by members of the Commission, officers and personnel of the Borough and all
others interested in the tree program.
D.
The Commission shall have the authority to prepare and
adopt a street tree plan for all trees in or upon the public streets, highways,
avenues, parks, parkways and other public areas, which street plan shall effectuate,
in the Commission's opinion, the provisions of this chapter. Such plan
shall not became effective until approved by the Borough Council.
A.
It shall be unlawful for any person to care for any shade
tree or to perform or cause to have performed major or total pruning of any
shade tree within a public area without first obtaining a permit and conforming
to the requirements of the permit, except that it shall not be unlawful to
do the following without a permit or approval of the Commission:
(1)
Trim shade trees to conform to the clearance requirements
of this chapter;
(2)
Trim or prune shrubs and bushes within a public area;
(3)
Remove or cut off low-hanging or broken branches of trees
which create or may create a public nuisance or danger;
(4)
Carry out normal repair, upkeep, minor pruning
and trimming; or
(5)
Prune, trim or cut for the maintenance of public utility
facilities.
B.
All work specified in this section shall be done to the
satisfaction of the Commission.
No shade tree shall be planted in or upon or removed from any public
street, highway, avenue, park, parkway or other public area without a written
permit, which permit shall designate the type of tree and location where the
tree is to be planted or removed. The Commission shall have the authority
to designate the suitable type of tree and may refuse a permit to plant any
type of tree which, in the opinion of the Commission, is not suitable to the
location.
A.
No tree in or upon the public streets, highways, avenues,
parks, parkways and other public areas of the Borough shall be planted within
five feet of any driveway, and no tree on private property shall be planted
within three feet of a sidewalk.
B.
No tree shall be planted nearer to the intersection of
any two or more streets than 25 feet from the point of intersection of any
two public right-of-way lines.
A.
All trees shall be kept trimmed so that the minimum clearance
where they overhang a public walk is nine feet, and the minimum clearance
where they overhang a public street or highway is 11 feet. However, the Commission
reserves the right to designate a higher clearance on certain highways where
heavy traffic or other conditions make it expedient.
B.
All trees on private property which have branches projecting
over a public highway shall be kept trimmed by the owner of such private property
so that the lowest branches shall have the minimum clearance specified above
or such other clearance as may be specified by the Commission.
C.
In case the owner of such property shall neglect or refuse
to trim the trees upon being notified to do so in writing by the Commission
or the Borough's designated agent, the Borough may, 30 days after mailing
notification, cause such trimming to be done at the expense of the owner,
and the entire cost thereof shall be a lien upon said premises and shall be
filed and collected by the Borough in the same manner as municipal claims
are filed and collected and/or as hereinafter provided by this chapter.
The Commission, or its designated representative or appropriate Borough
official, may require the removal of diseased trees. Upon the failure of the
owner to do so within 30 days after the notice was mailed, the Commission
may remove such trees and collect the costs thereof as herein provided.
Whenever it is necessary for the Commission or the Borough to trim or
remove trees by reason of the failure of the property owner to do so after
30 days' notice, the Borough may levy and collect the costs thereof from
the owner of the property.
For the purpose of defraying the cost of the planting, trimming, maintenance
and removal of trees and similar expenses of the Borough, the Council may
appropriate necessary funds or designate Borough workers to do the required
services. The Commission may not hire employees or have the work done without
first obtaining the approval of the Council of the Borough of Glenolden. The
cost of such work shall be a lien upon the premises from the time of the commencement
of the work, which date shall be fixed by the Borough Engineer and shall be
filed with the Borough Secretary. Any such lien may be collected by an action
in assumpsit or by lien filed in the manner provided by law for filing and
collection of municipal claims. The Borough Secretary shall cause 30 days'
written notice to be given the persons against whose property an assessment
has been made, which notice shall contain the amount of the assessment, the
time and place of payment and certificates from the Commission and the Engineer
concerning the work performed. If payment is not made within 30 days after
notice of assessment, collection may be made as herein provided.
A.
An application for permit shall be made in writing to
the Borough Secretary on a form provided by him or her. The application shall
specify:
B.
It shall be the duty of the Borough Secretary to submit
every such application promptly to the Commission for approval or disapproval.
The Commission, in its discretion, may, as a condition precedent to the issuance
of the permit, require the applicant to file a bond or deposit security not
more than double the estimated cost of the work, satisfactory to the Commission,
to guarantee the compliance by the applicant with the terms and conditions
upon which such permit is issued.
C.
The applicant for any permit shall, at the time of his
application, pay to the Borough Treasurer for the use of the Borough, a fee
of $1. For major work, the Commission shall require a certification of insurance
against any personal injury or property damage. The permit shall be valid
for a term of 60 days, but may be removed at any time upon proof satisfactory
to the Commission that any of the terms or conditions upon which such permit
was issued have been violated.
A.
The Commission shall review each application for a permit
and shall grant or deny said application. If the application is granted, the
Commission shall specify in the permit the type or species of shade tree to
be planted or removed, cut, trimmed or pruned and may set forth specifications
for doing the same. It shall then be unlawful to plant, remove, cut, trim
or prune any shade tree contrary to specifications set forth in the permit.
B.
The Commission in carrying out its duties hereunder shall
adhere to the standards adopted by the National Shade Tree Conference or any
other similar recognized organization or body which promulgates standards
which carry out the intent of the regulations herein.
It shall be the responsibility of the Shade Tree Commission to order
the removal of any dead tree after it has been determined by the Commission
that the removal is necessary for the safety of the community.
Except in case of immediate necessity for the protection of life or
property, no person without having first obtained a permit shall cut, break,
climb with spurs, injure in any manner or remove any shade tree; cut down
or interfere in any way with the main roots of any shade tree; spray any shade
tree with any chemical or insecticide; place any rope, guy wire, cable, sign,
poster or any other fixture on any shade tree or guard for any shade tree;
or injure, misuse or remove any device placed to protect any shade tree.
Every owner or occupier of property shall maintain an area of open space
not less than four square feet around the base of every shade tree, which
space shall be so maintained as to permit the free passage of air and water
to the roots of such tree.
No person shall pour salt water, oil or any other material at any place
in such manner that injury might result to any shade tree.
Any person who shall violate or fail to comply with the terms and provisions
of this chapter or with any of the regulations and rules promulgated by the
Shade Tree Commission of the Borough of Glenolden shall be liable, on conviction
thereof, to a fine or penalty not exceeding $300 for each and every offense,
and whenever such person shall have been notified by the Shade Tree Commission
or by service or summons in prosecution or in any other way, that he is committing
such violation, each day in which he continues such violation after any such
notification shall constitute a separate offense punishable by like fine or
penalty. Such fines or penalties shall be collected as prescribed by law.
Any person who commits a second or repeated offense shall be liable to conviction,
fine or penalty up to $500 for each and every second or repeated offense,
and whenever such person shall have been notified by the Shade Tree Commission
or by service or summons in prosecution or in any other way that he is committing
such violation, each day in which he continues such violation after any such
notification shall constitute a separate offense punishable by like fine or
penalty. Such fines or penalties shall be collected as prescribed by law.
