[HISTORY: Adopted by the Borough Council
of the Borough of Greencastle as indicated in article histories. Amendments
noted where applicable.]
[Adopted 9-6-2005 by Ord. No. 2005-7]
As used in this article, the following terms
shall have the meanings indicated:
The Borough of Greencastle.[1]
The Borough Council of the Borough of Greencastle.
[Added 9-7-2021 by Ord. No. 2021-05]
All individuals, firms, partnerships, associations, corporations
and companies, or organizations of any kind.
The area located within the right-of-way of the public streets
in the Borough.
The entire width of every public right-of-way when any part
thereof is open to the use of the public for the purposes of vehicular
and pedestrian traffic.
Includes all large perennial plants, usually with one main
trunk and many branches, but may also have multiple trunks.
[1]
Editor's Note: The former definition of "Commission," which
immediately followed, was repealed 9-7-2021 by Ord. No. 2021-05.
A.
The Commission shall have charge and control of all
trees growing now or hereafter in any public area in the Borough,
and shall have the power to plant and maintain such trees in accordance
with this article.
B.
The Commission shall have authority to determine all
questions of a physiological, entomological or pathological nature
relating to the disposition of any tree or group of trees in any public
area in the Borough.
A.
No person shall hereafter plant, move, spray, fertilize,
trim, do surgery work, climb with spikes, remove or damage any guard
or device placed to protect any tree, cut above or below ground, disturb
or alter any tree on any public area of the Borough, nor cause such
acts to be done by others, without first obtaining permission from
the Borough Council which shall issue a permit for such work if, in
its judgment, the work is necessary and the proposed methods of workmanship
are of a satisfactory nature. A permit shall not be required to cultivate
and water. The person receiving the permit shall abide by the arboricultural
specifications and standards or practice adopted by the Borough Council.
[Amended 9-7-2021 by Ord. No. 2021-05]
B.
As a condition to the issuance of a permit to remove
any tree in a public area, the Borough Council may require that the
permittee plant one or more trees in place of the one removed. Whenever
any such tree has been removed or destroyed pursuant to any such conditional
permit, it shall be unlawful for the permittee to fail, refuse or
neglect to plant another tree or other trees of the type, size and
at the location specified in the permit, within the time specified
by the Borough Council, unless the Borough Council determines that
such replacement is unnecessary or undesirable.
[Amended 9-7-2021 by Ord. No. 2021-05]
C.
After removal of any tree located in a public area,
the stump must be leveled to ground level or below and filled in.
D.
Upon failure of any permittee to comply with the terms
of the permit, or the conditions imposed by the Borough Council, the
Borough may undertake the work to be done and collect the cost thereof
from the person who owns the property.
[Amended 9-7-2021 by Ord. No. 2021-05]
[Amended 9-7-2021 by Ord. No. 2021-05]
Every written permit issued by the Borough Council
shall describe the work to be done, specify the species or variety,
size, nursery grade, location, briefly specify the method of planting,
method of support and trimming of all trees concerned, and contain
a definite expiration date. Any permit may be declared void if its
terms are violated.
[Amended 9-7-2021 by Ord. No. 2021-05]
No person shall fasten any sign, wire, rope
or other material to or around or drive any nail or spike through
any tree in a public area in the Borough except by permission of the
Borough Council, except in emergencies such as storms or accidents.
No person shall deposit, place, store or maintain
upon any public area of the Borough any stone, earth fill, brick,
sand, concrete or other materials which may impede the free passage
of water, air and fertilizer to the roots of any tree growing therein.
A.
No person shall break, injure, mutilate, kill or destroy
any tree, or permit any fire to burn where such fire will injure any
portion of any tree, in any public area of the Borough of Greencastle.
B.
No person shall knowingly permit any leak to exist
in any gas pipe within the root zone of any tree in a public area.
C.
No person shall knowingly permit electric wires to
come in contact with trees in any public area unless such wires are
insulated or protected by an approved method.
D.
No person shall attach any electrical insulation to
any tree in a public area or excavate any ditches, tunnels or trenches,
or lay a driveway within a radius of 10 feet from any tree in a public
area without first obtaining permission from the Borough Council.
[Amended 9-7-2021 by Ord. No. 2021-05]
E.
During construction of buildings or other improvements
to real estate, the property owner or builder shall erect suitable
protective barriers, with a radius of 10 feet, around trees in public
areas which, in the judgment of the property owner, builder or Borough
Council, will be endangered by such construction work.
[Amended 9-7-2021 by Ord. No. 2021-05]
F.
Whenever, in the judgment of the Borough Council,
it becomes necessary to move, protect or temporarily cut off electric
current from electric service lines so that any work on behalf of
or at the direction of the Borough Council pursuant to these regulations
can be safely and properly performed, written notice shall be given
to the owners of such electric lines and such owners shall comply
with such notice within 24 hours after receipt thereof.
[Amended 9-7-2021 by Ord. No. 2021-05]
G.
No person shall place salt, brine, oil, or other substances
injurious to plant growth in any place in such a manner as to injure
any tree in a public area.
H.
No person shall build any fire or station any tar
kettle, road roller or other engine in such a manner that the heat
vapors or fumes therefrom may injure any tree growing in any public
area.
I.
No person shall lay any sidewalk along or open, construct,
curb or pave any street or do any like act so as to interfere with
or do injury to any tree in a public area without permission of the
Borough Council.
[Amended 9-7-2021 by Ord. No. 2021-05]
J.
Shovels and all other implements, machines and tools
shall not be used or operated in such a manner as to damage or destroy
any tree in any public area.
K.
Where in authorized excavations it becomes necessary
to expose or cut roots more than one inch in diameter, it shall be
the duty of the contractor to protect such roots in the manner required
by the Borough Council.
[Amended 9-7-2021 by Ord. No. 2021-05]
[Amended 9-7-2021 by Ord. No. 2021-05]
All spraying of trees shall be done only with
materials approved by the Borough Council in accordance with all applicable
state and federal regulations.
[Amended 9-7-2021 by Ord. No. 2021-05]
All pruning, cutting, removal, spraying, fertilizing
and tree surgery shall be done only by a qualified tree surgeon or
tree maintenance contractor approved by the Borough Council. All such
surgeons or contractors shall possess general liability insurance
coverage with a policy limit of not less than $500,000 for each occurrence,
and proof of said coverage shall be submitted to the Borough Council
prior to commencing any work within the Borough.
[Amended 9-7-2021 by Ord. No. 2021-05]
Minor work on trees planted in public areas
may be performed by the abutting property owners of the said public
areas, provided that permission has first been obtained from the Borough
Council. The Borough Council shall have the authority to determine
whether or not the proposed work on such trees is minor.
[Amended 9-7-2021 by Ord. No. 2021-05]
Any tree, or parts thereof, growing in any public
area or upon private property but overhanging or interfering with
the use of any street, park or public area of the Borough and which,
in the judgment of the Borough Council, endangers the life, health,
safety or property of the public, is hereby declared to be a public
nuisance and shall be corrected or removed. The owner shall be notified
in writing of the existence of the nuisance and given 30 days to correct
or remove it. If not corrected or removed within such time, the Borough
Council shall request the nuisance be corrected or removed by the
Borough and the cost thereof shall be assessed to the person who owns
the property.
[Amended 9-7-2021 by Ord. No. 2021-05]
A.
All permits issued for the installation of public
utilities that affect trees in public areas shall be approved by the
Borough Council in accordance with accepted standards.
B.
When a permit is issued to a public utility to trim
trees or perform other operations affecting trees in public areas,
such work shall be done in a neat and workmanlike manner according
to specifications of the Borough Council.
C.
The Borough Council may, if necessary, assign an inspector
to supervise the provisions of the permit, and the cost of such service
shall be charged to the public utility at cost.
[Amended 9-7-2021 by Ord. No. 2021-05]
Borough departments, authorities and agencies,
including the Planning and Zoning Commission, Police Department, Water
Department, Sewer Department and Street Department, shall cooperate
with and consult with the Borough Council when their work or functions
affect trees in public areas.
[Amended 9-7-2021 by Ord. No. 2021-05]
It shall be unlawful for any person to prevent,
delay or interfere with the Borough Council or any agent or employee
of the Borough in the execution or enforcement of these regulations
or any amendments hereto.
Payment of costs for work done by the Borough
shall be due and payable 30 days after proper invoice by the Borough
to the person who owns the property. If such person does not make
payment within 30 days, these costs shall be considered a lien against
the property. Any such lien may be collected by an action at law or
by the filing of a lien in the manner provided by law for the filing
and maintenance of municipal claims.
[Amended 9-7-2021 by Ord. No. 2021-05]
The provisions of this article shall be enforced
by the Borough Council or its designees and the Greencastle Police
Department.
Any person violating any provision of this article
shall be fined not less than $250 nor more than $1,000 for each offense,
and a separate offense shall be deemed committed on each day during
or on which a violation occurs or continues. This section shall not
limit any other remedies and criminal sanctions provided in law or
equity.
A.
In addition to all other immunity existing at law
or in equity, nothing contained in this article shall create an obligation
or duty upon the Borough. No pedestrian, passenger, driver, owner
of property or any person claiming an interest otherwise affected
by provisions of this article shall have any claim against the Borough
for failure to perform any duty or for performance in a negligent
manner.
B.
This article shall not be construed to hold Greencastle
Borough, the Borough Council, the Mayor, or any of their respective
officers, employees or their appointed agents (collectively referred
to as "municipal parties") responsible for any damages, injuries,
loss or death to person, persons or property by reason of any activity,
omission or commission, or act by municipal parties authorized herein
or otherwise arising under this article. The approval of any tree
or type of tree shall not constitute a representation, guaranty or
warranty of any kind or nature by the municipal parties and shall
create no liability upon, or a cause of action against, the municipal
parties for any damage or loss.
[Amended 9-7-2021 by Ord. No. 2021-05]
