Hereafter, it shall be unlawful for any person
or persons, firm or corporation to plant, trim, cut, prune or remove
any tree or trees in and along the streets and highways of the Borough
of Crafton without first procuring a permit from the Park and Shade
Tree Commission, authorizing such person or persons, firm or corporation
to plant, trim, cut, prune or remove such trees. Application for said
permit shall be made to the aforesaid Park and Shade Tree Commission
and, upon approval of said application by the said Park and Shade
Tree Commission, a permit shall be issued to the applicant by the
Park and Shade Tree Commission, free of any charge to the applicant.
Said Park and Shade Tree Commission shall have
the power to approve or reject such application in total or in part
and shall further have the power to grant a permit, the terms of which
are in modification of the terms of such application, including, without
limiting the generality of the foregoing, a requirement to replant.
Said Park and Shade Tree Commission shall have
the power to approve such application subject to such conditions as
said Park and Shade Tree Commission shall deem necessary to the health
and safety of other plants, shrubs, trees, persons, or the passing
or traveling public, or property within the Borough of Crafton.
[Amended 2-25-2004 by Ord. No. 1558]
The Park and Shade Tree Commission shall be
authorized to plant, remove, maintain and protect shade trees along
the streets and highways in the Borough; provided, however, that whenever
the Park and Shade Tree Commission proposes to plant, transplant,
or remove shade trees on any street, notice of the time and place
of the meeting at which such work is to be considered shall be given
as required under the provisions of Section 2726 of the Borough Code.
The cost of planting, transplanting, trimming
or removing any shade tree or planting in and along the streets and
highways in the Borough or the cost of replacing any pavement or sidewalk
necessarily disturbed in the execution of said work, whether done
pursuant to a permit granted to the owner or proposed and determined
by the Park and Shade Tree Commission, shall be paid by the owner
of the abutting real estate. The amount to be paid by each owner shall
be ascertained and certified by the Park and Shade Tree Commission
to Council and shall thereafter be collected as municipal claim as
provided by law.
[Amended 10-8-2018 by Ord. No.
1649]
Any applicant for a permit in accordance with §
208-1 of this chapter to plant, trim, cut, prune or remove any tree or trees in and along the streets and highways of the Borough of Crafton whose permit application was denied in whole or in part by the Park and Shade Tree Commission may, within 15 days of the applicant's receipt of the written notice denying the permit, request a hearing by said Park and Shade Tree Commission by delivery of a written request for a hearing within such fifteen-day period to the Chairman of the Park and Shade Tree Commission or to the office of the Secretary of the Borough of Crafton. After such request, the Park and Shade Tree Commission may designate a date for a hearing to be held no less than 48 hours, nor more than 30 days, following the receipt of such request and said Park and Shade Tree Commission shall notify the person making such request of the date of the hearing by regular mail or messenger. Said hearing shall be a public hearing and shall be for the purpose of determining whether the denial of such permit was reasonable under the circumstances. The Park and Shade Tree Commission shall have the power of determining whether to grant or deny such permit in whole or in part.
[Amended 2-25-2004 by Ord. No.
1558; 10-8-2018 by Ord. No. 1649]
A. Any person, firm or corporation who violates a provision of this
chapter or duly adopted rules and regulations thereunder of the Park
and Shade Tree Commission, or who fails to comply therewith, or with
any of the requirements thereof, shall be, upon conviction thereof,
sentenced to pay a fine of not less than $100 nor more than $1,000
for each violation, plus costs, and, in default of payment of said
fine and costs, to imprisonment to the extent permitted by law for
the punishment of summary offenses.
B. A separate offense shall arise for each day or portion thereof in
which a violation is found to exist or for each section of this chapter
found to have been violated. All fines and penalties for the violation
of this chapter shall be paid to the Borough Treasurer.
C. The Borough may also commence appropriate actions in equity, at law
or other to prevent, restrain, correct, enjoin, or abate violations
of this chapter.