Borough of Phoenixville, PA Chapter 25 Trees

Part 1 GENERAL PROVISIONS

§ 25-101 Purpose.

[Ord. No. 2022-2355, 10/11/2022[1]]

1. Pursuant to the Pennsylvania Borough Code[2], the Phoenixville Borough Council has determined that it is in the best interest of the citizens of Phoenixville to promote and protect their health, safety and welfare to adopt a tree ordinance. The Borough Council recognizes the role that trees play in the Borough's ecosystem. Phoenixville is committed to enhancing the urban forest for the many benefits that trees provide. The tree canopy is a key component to minimize the damaging effects of stormwater runoff to the Borough, the French Creek, Schuylkill River and other streams, and, ultimately, the Delaware Valley River Basin. Trees reduce air temperature; reduce heating and cooling costs resulting in lower greenhouse gas emissions; improve property values; enhance physical and psychological health; and reduce air pollutants. Trees help people connect with nature. To establish a responsible program for planting, maintenance, protection or removal of trees or shrubs in public areas of the Borough of Phoenixville, the Borough Council finds it necessary to establish this Chapter 25.

[2] Editor's Note: See 8 Pa.C.S.A. § 101 et seq.

2. This chapter establishes policies, regulations, and standards necessary to ensure that the Borough will continue to realize the benefits provided by trees. The provisions of this Chapter 25 are enacted for the purpose of:

A. Providing protection, preservation, replacement, and proper maintenance of trees.

B. Promoting and maintaining the aesthetic value of the streets of the Borough.

C. Providing for an orderly and efficient means of maintaining and protecting Public and street trees.

D. Promoting the public health, safety, comfort and general welfare.

E. Saving trees from indiscriminate destruction or unnecessary removal.

F. Diversifying the public and street tree species in the Borough.

G. Establishing standards limiting and regulating the removal of public and street trees.

H. Establishing an education program providing information and guidelines for tree preservation and maintenance.

I. Provide the minimum regulation necessary to ensure these important resources are preserved wherever possible while accommodating the landowner's property rights to make reasonable use of their property through compliance with other standards of this and other applicable Borough ordinances.

J. Promoting the utilization of trees to mitigate storm water runoff.

[1] Editor's Note: This ordinance repealed former Ch. 25, Trees, adopted by Ord. No. 2018-2288, 8/14/2018.

§ 25-102 Definitions.

[Ord. No. 2022-2355, 10/11/2022]

1. For purposes of this Chapter 25, the following words, terms and phrases shall have the meanings indicated in this § 25-102. Terms used in this Chapter 25 that are defined in other chapters of the Code shall have the meanings set forth therein. Terms not defined in the Code shall have their ordinary meanings.

APPLICABLE TREE LAW

The A300 standards adopted by the American National Standards Institute (ANSI) regarding Tree, Shrub and Other Woody Plant Maintenance, and all successor standards adopted by ANSI.

APPROVED LIST OF PUBLIC TREES

Trees designated in the Phoenixville Borough List of Approved Public Trees as recommended by the Tree Advisory Commission and approved by the Borough Manager as may be amended from time to time.

APPROVED LIST OF STREET TREES

Trees designated in the Phoenixville Borough List of Approved Street Trees as recommended by the Tree Advisory Commission and approved by the Borough Manager as may be amended from time to time.

BOROUGH

The Borough of Phoenixville, Chester County, Pennsylvania.

BOROUGH ARBORIST

The Arborist/Horticulturist of the Borough of Phoenixville, as supervised by the Borough Manager or their designee, or any urban tree professional employed or contracted by the Borough and designated with the responsibilities as set forth in this Chapter 25.

BOROUGH CODE

The duly enacted Code of the Borough of Phoenixville.

BOROUGH COUNCIL

The duly elected governing body of the Borough.

BOROUGH MANAGER

The Borough of Phoenixville Borough Manager or their designee.

CALIPER

The diameter of a tree trunk measured at a point six inches from the ground surface at the center of the base of the tree. This dimension is used to measure nursery stock for new plantings.

COMPREHENSIVE TREE PROGRAM

A program that addresses all management and care needs of the Borough urban forest and reflects the goals of the community.

CRITICAL ROOT ZONE (CRZ)

A circle on the ground corresponding to the dripline of the tree or at minimum, the diameter of the tree trunk in inches at breast height (DBH), multiplied by 24.

DAMAGED TREE

Any tree harmed or damaged by disease, insect infestation or abiotic factors like faulty pruning, storms, flooding, lightning, car accidents, improperly developed root systems, premature or late frost, and other unusual climate conditions.

DEPARTMENT

The Department of Public Works of the Borough.

DIAMETER AT BREAST HEIGHT (DBH)

The diameter of a tree trunk measured at a point 4 1/2 feet from the ground surface at the base of the trunk. This dimension is used to measure the size of existing plantings.

DIRECTOR

The Public Works Director or their designee.

DISEASED CONDITION

A pathological condition in a tree causing decline from normal growth patterns.

DRIPLINE

The area defined by the outermost reach of the tree canopy projected to the ground plane.

HAZARDOUS TREE

A tree or part thereof that may fail or fall due to a diseased condition, mortality, a structural defect or other condition that, as a result, may cause property damage or personal injury.

HERITAGE TREE

Any beech, conifer, cypress, elm, hickory, maple, oak, or sycamore tree located within the Borough except for street trees that are located within the public right-of-way which is determined by the Borough Arborist to be of unique and intrinsic value to the general public because of its size, age, historic association or ecological value.

ISA

International Society of Arboriculture.

LARGE TREE

A tree with a DBH of 20 inches or greater.

MEDIUM TREE

A tree with a DBH of 10 inches or more but less than 20 inches.

PERMIT

Any permit, in writing, as issued by the Borough Manager or his or her designee.

PERSON

Any individual, firm, company, partnership, association, corporation, or organization or entity of any kind.

PROPERTY OWNER

The legal owner listed in the tax assessment records of Chester County, Pennsylvania, of a property subject of the requirements of this chapter.

PUBLIC TREE

A tree located in or along any public park, trail, greenway or open space in the Borough, owned, leased or managed by the Borough or another governmental entity.

REMOVAL ORDER

An order issued by the Borough Manager or their designee requiring a property owner to remove a hazardous tree.

SMALL TREE

A tree with a DBH of less than 10 inches.

STREET TREE

Any tree, shrub or other woody plant located adjacent to, along or upon the side of any street and within the public right-of-way. For the purposes of this chapter, a street tree shall also include any tree, shrub or other woody plant located within any properly executed and recorded public easement on private property. A street tree shall not be considered a heritage tree.

SUBDIVISION AND LAND DEVELOPMENT (SALDO) PLAN

An application and plan filed with the Borough under Chapter 22, Subdivision and Land Development.

TREE

A woody perennial plant having one or more main trunks and usually a distinct crown or canopy.

TREE ADVISORY COMMISSION

A commission appointed by Borough Council to provide advice on tree management and to perform functions authorized and required by this Chapter 25 and applicable tree law.

TREE CONTRACTOR

A professional hired to perform tree work in the Borough meeting the requirements of this Chapter 25.

TREE PROTECTION ZONE (TPZ)

An area where construction activities are prohibited or restricted to prevent injury to preserved trees, especially during preconstruction and construction, and includes the critical root zone.

TREE WORK PERMIT

A permit issued pursuant to § 25-111 of this Chapter 25.

§ 25-103 Jurisdiction.

[Ord. No. 2022-2355, 10/11/2022]

1. The Borough of Phoenixville shall have control and regulatory authority of all public trees and street trees.

2. The Borough Council hereby vests the Borough Manager with exclusive and absolute custody and control of and power to plant, set out, remove, replace, maintain, protect and care for public trees and street trees of the Borough of Phoenixville, and no such public trees and street trees may be planted or removed except by order of the Borough Manager or their designee.

3. No person shall cut, trim, mutilate, injure or destroy any public tree or street tree without first having obtained a tree work permit. However, nothing in this Chapter 25 shall be construed to prohibit the trimming or cutting by the Borough of public trees or street trees or parts thereof, when such trimming or cutting is necessary to prevent interference with any Borough-owned utility, or to remove any dangerous condition, or for any other Borough purpose.

§ 25-104 Tree Advisory Commission (TAC).

[Ord. No. 2022-2355, 10/11/2022]

The Tree Advisory Commission, working in conjunction with the Public Works Director, shall work to maximize the ecosystem services derived from public trees or street trees by establishing policies for the planting, removal, maintenance and protections of public trees or street trees in the public area located in the Borough. The policies and procedures within which the Tree Advisory Commission shall function are set forth in Chapter 1 of the Code of the Borough of Phoenixville.

§ 25-105 Responsibility for Removal and Maintenance of Street Trees and Public Trees.

[Ord. No. 2022-2355, 10/11/2022]

1. Potentially Hazardous Trees in Public Areas. Trees in public areas (including public rights-of-way on private property), which, in the opinion of the Borough Arborist, are seriously damaged, diseased, disfigured or constitute a hazard to the public or to trees on private property, may be removed or pruned by the Borough.

2. Immediate Hazards in Public Areas. When, in the opinion of the Borough Arborist, a tree or any portion thereof in a public area constitutes an immediate hazard to persons or property, the Borough Manager shall authorize the removal of the hazard without notice or appeal.

3. Public Trees determined to be Hazardous Trees. The Borough Arborist may determine that a public tree is a hazardous tree and notify the Public Works Director in writing. The Public Works Director may remove, prune or treat the hazardous tree as deemed appropriate.

4. Borough responsibility. Except for trees that are required to be removed in accordance with a removal order in accordance with this Chapter 25 and trees that are required to be planted in accordance with this Chapter 25, the Borough is responsible for planting, transplanting, cutting, pruning and treating street trees and public trees.

5. Property owner responsibility. Property owners who wish to plant, transplant, cut, prune, or treat any street tree or portion thereof, or remove a street tree that has not been condemned by the Borough Arborist, shall apply for and be issued (if approved by the TAC in consultation with the Borough Arborist) a permit in accordance with the permitting procedures of this Chapter 25 prior to performing any work.

§ 25-106 Tree Planting.

[Ord. No. 2022-2355, 10/11/2022]

1. The following activities and projects require tree planting in accordance with current International Society of Arboriculture (ISA) guidelines. Trees shall be selected from the Approved List of street trees or the Approved List of public trees, as applicable.

A. Street Tree removal. Appropriate street trees shall be planted to replace any removed street tree, in accordance with ANSI Part 6 - Planting and Transplanting and ISA's Best Management Tree Planting, as such standards are amended from time to time.

B. Sidewalk installation/repair/replacement abutting a street tree well that is empty, contains a stump, or contains a hazardous tree shall comply with the specifications prescribed in Chapter 22 of the Borough Code of Ordinances.

2. Conflict with utilities. Tree planting near underground utilities shall be governed by the PA One Call System. Where overhead utilities exist, only medium trees are permitted as listed on the Approved List of Public Trees and Approved List of Street Trees, as applicable. The Public Works Director shall specify the species and size of trees to be planted near utilities.

3. Tree wells. During sidewalk repair/reconstruction projects, no existing tree well shall be bricked over, paved over, abandoned, or otherwise removed/eliminated without the approval of the Borough Manager.

§ 25-107 Contractor Minimum Qualifications.

[Ord. No. 2022-2355, 10/11/2022]

1. All individuals performing tree work in the Borough must meet the following qualifications and provide required documentation to the Public Works Director:

A. Be certified by the International Society of Arboriculture (ISA) as a certified arborist. The certified arborist shall be employed by the company and on-site during the entire work operation. This cannot be subcontracted. Proof of licensure and listing of the certified arborist and related company shall be on the Find an Arborist tool on the ISA website.

B. Provide proof of liability insurance in an amount of not less than $1,000,000 per occurrence and workers' compensation in an amount determined by statute. Workers' compensation is required for tree care operation per federal standards. Workers' comp certifications shall be submitted directly from the insurance agent and not furnished by the contractor.

C. Provide a written certification that the contractor will adhere to the ISA Code of Ethics.

D. Comply with public utility and Pennsylvania Department of Transportation requirements and guidelines.

E. Comply with ANSI Z133 Tree Safety Standards and ANSI A300 Tree Care Standards and Regulations as such standards are amended from time to time.

2. Tree contractors shall not subcontract work to any individual or entity that does not meet the foregoing qualifications.

§ 25-108 Heritage Tree Protection.

[Ord. No. 2022-2355, 10/11/2022]

1. To encourage the protection and preservation of heritage trees located in the Borough, prior to cutting, pruning, trimming, felling, or removing a heritage tree on private property, the property owner shall contact the Borough Arborist to discuss the proposed work on the heritage tree. The Borough Arborist shall be given an opportunity to meet with the property owner and provide input and recommendations for best practices for such proposed work.

A. Exception: A heritage tree that is specifically approved for removal as part of a Borough-approved land development plan or conditional use.

§ 25-109 Land Development Plans.

[Ord. No. 2022-2355, 10/11/2022]

1. All SALDO plans shall be reviewed by the Tree Advisory Commission at their next public meeting following receipt of the SALDO plan. The Tree Advisory Commission will provide written comments and recommendations to the Planning Commission prior to the Planning Commission issuing its recommendation to Borough Council. The Tree Advisory Commission's comments shall be included in the Planning Commission recommendation to Borough Council.

2. When trees have been required pursuant to approved SALDO plans, property owners are required to maintain trees in the locations approved on the SALDO plans in perpetuity, unless the property owner has extenuating circumstances as to why such trees may not be perpetually maintained. Trees that are removed must be replanted within 60 days. Owners desiring permanent tree removal must file a formal request with the Public Works Director, which shall be reviewed, and recommendation for approval or denial by the Borough Arborist shall be within 35 days of the filing date of the formal request.

§ 25-110 Protecting Trees During Construction.

[Ord. No. 2022-2355, 10/11/2022]

1. The protections provided herein shall apply to all street trees, public trees and heritage trees, including but not limited to trees required by an approved SALDO plan, and any activity requiring a building, demolition or other permit, including but not limited to construction or reconstruction of parking lots and sidewalks, underground utility repair and construction, and the construction and/or demolition of buildings and structures.

A. Barriers. In the erection or repair of any buildings or structure, the builder, contractor or owner thereof shall place protective barriers around adjacent trees to effectively prevent injury to them.

B. Tree protection requirements.

(1) To the maximum extent possible, all trees within the limits of disturbance of the development site shall be preserved and the loss or damage to trees existing on-site which are to remain shall be minimized. A tree shall be considered preserved if there is no disturbance within the Tree Protection Zone (TPZ) as defined. Disturbance includes earth disturbance, earth compaction, vehicular and foot traffic, material stockpiling, and/or the construction of all proposed improvements and utilities.

(2) A TPZ surrounding both preserved and planted trees shall be established to protect the critical root zone and tree canopy. The TPZ shall apply during the construction phase as well. The TPZ shall be protected by appropriate barriers in accordance with the standards set forth in A Guide to Preserving Trees in Development Projects published by the Penn State College of Agricultural Sciences and Cooperative Extension and in ANSI A300 Part 5 and ISA Best Management Practices (BMP)-Managing Trees During Construction, 2nd Edition, as such standards are amended from time to time. All tree protection will be reviewed and monitored by the Borough Arborist. A tree protection plan shall be required prior to construction. The development site shall be mapped out with a clearly defined TPZ and CRZs.

(a) The TPZ shall extend to the dripline of the tree or one inch of DBH equals one foot of TPZ radius, whichever is greater. The TPZ shall be larger if recommended by A Guide to Preserving Trees in Development Projects, published by Penn State Agricultural Research and Cooperative Extension.

(b) Prior to the start of any clearing, grading, or other earth disturbance, all trees and other vegetation to be preserved shall be protected by a conspicuous six-foot-high tree protection barrier to prevent encroachment into the TPZ by people, material, and vehicles. The tree protection barrier installation must be approved by the Borough Arborist and monitored periodically.

(c) Barriers may be erected around individual trees or groupings of trees, where feasible.

(d) Use of immobile chain-link fence or a similar highly immovable material is recommended. Welded wire fencing or other effective barriers may be used upon approval by the Borough Arborist. Minimal fence shall consist of six-foot welded wire with "T" posts at eight intervals.

(e) Fencing or barriers around trees shall be placed outside the TPZ, unless otherwise approved by the Borough Arborist.

(f) The tree protection barrier shall be maintained by the applicant while in place. It shall be removed only after all earthmoving and construction activities that may impact tree roots or canopy are completed and approved by the Borough Arborist.

(g) A sign shall be placed on the tree protection barrier to explain the purpose of the TPZ. Text for the sign shall be furnished by the Borough Arborist. If encroachment into the TPZ or CRZ is necessary, enhanced measures for tree protection may be necessary. Enhanced measures may include temporary grade changes, root protection trenching or growth regulator applications.

(3) Unless specifically approved by the Borough Arborist in writing, there shall be no disturbance within the TPZ, including but not limited to intrusion into the soil such as digging, trenching and grading, no activities that will compact the soil, and no stockpiling of construction materials.

(a) No grading or installation of impervious cover materials shall be permitted within the TPZ that would impact roots. No grade change shall be permitted more than a two-inch cut or two-inch fill of topsoil, sod or mulch.

(b) The routing of underground utility lines shall be around and away from all TPZs. In the event underground utilities cannot be rerouted, installation shall be through directional drilling rather than cutting open trenches.

(c) No building materials, dirt, debris, oils, paints, or any other materials, equipment, or vehicles shall be placed or deposited within the TPZ, nor shall any trenching or paving be done within the protection area unless specifically approved in writing by the Borough Arborist.

(d) In order to protect tree roots from excessive compaction during construction, special cushioning measures shall be provided in accordance with accepted best practices unless specifically approved in writing by the Borough Arborist.

(4) The entire tree shall be protected from all construction-related activities.

(5) The specifications in A Guide to Preserving Trees in Development Projects, published by Penn State Agricultural Research and Cooperative Extension, shall be regarded as best practices, and contractors/owners shall acknowledge their understanding of and adherence to these criteria, including but not limited to the TPZ required for the protection of trees during construction.

(6) To avoid damage to newly planted trees, trees shall be planted only after all construction activities have been completed. Planting may occur only when approved by the Borough Arborist, and only in planting seasons otherwise permitted and as appropriate to the species.

(7) All proposed tree protection practices, including delineated TPZs, shall be provided on all development and construction permit plans, as applicable, including but not limited to SALDO plans and any plan required by a building or demolition permit, including but not limited to construction or reconstruction of parking lots and sidewalks, underground utility repair and construction, and the construction and/or demolition of buildings.

(8) Should any tree on the development site not scheduled to be removed be irreparably damaged during site development or building construction activities to the extent the tree will not survive, as determined by the Borough Arborist, the tree shall be removed by the developer or the permit holder, who shall be subject to a fine in accordance with § 25-117, Subsection 3. In addition, the developer or permit holder shall plant three replacement trees a minimum of one inch and maximum three inches in caliper listed on the Approved Public Tree List and in accordance with ISA guidelines for tree replanting. Permits need to be reviewed, approved or denied by the Public Works Director.

§ 25-111 Permitting Provisions.

[Ord. No. 2022-2355, 10/11/2022]

1. Permit required. Unless otherwise exempt pursuant to § 25-111, Subsection 6, of this Chapter 25, a tree work permit shall be required for:

A. Planting, transplanting, cutting, pruning, treating or removing any street tree, or portion thereof.

B. Hanging lights and other seasonal or holiday displays on street trees or public trees. When permitted, all such displays shall be removed on a date designated in the permit.

C. Any construction activities within the TPZ of a public tree, street tree, or heritage tree.

D. Any provision of this Chapter 25 that specifies that a permit is required.

2. Permit application. The tree work permit shall be submitted on an application provided by the Borough. All information required by the application shall be submitted. A tree work permit fee, established by the Borough Master Schedule of Fees, shall be submitted with the application.

3. Permitting Conditions.

A. Trees which are subject of any tree work permit shall be listed on the Approved List of Street Trees or the Approved List of Public Trees; provided, however, the Borough may deny a permit to plant any type of tree which, in its opinion, is not suitable to the location.

B. A permit may be revoked at any time upon proof satisfactory to the Borough that any of the terms or conditions upon which such permit was issued are or have been violated.

C. All newly planted trees shall be guaranteed by the tree contractor or, in the case of a SALDO plan, be guaranteed and financially secured by the developer, for a period of 18 months. Any tree that dies within the eighteen-month period shall be replaced. If the Borough Arborist determines during the warranty period that the street tree is defective or was improperly planted or maintained and is unlikely to survive, the tree contractor or developer shall remove and replace the tree and perform any repairs necessary to adjacent sidewalks and curbs. The replaced street tree shall be warranted as provided hereinabove.

4. Denial and Revocation of Permits.

A. Denial. A request for a tree work permit shall be denied if the information submitted is incomplete or erroneous or if the application fee is not remitted in full.

B. Revocation. The Public Works Director may revoke a permit issued under the provisions of this chapter if it is determined that any false statement or misrepresentation of fact exists on the application or on the plans on which the permit was based in addition to:

(1) Violation of any condition of the tree work permit.

(2) Violation of any provision of this Chapter 25 or any other applicable ordinance or law relating to the work.

(3) The existence of any condition or the committing of any act constituting or creating a nuisance or endangering the lives or property of others.

C. Written notice of such revocation shall be served by personal delivery or by certified mail upon the person to whom the tree work permit was issued or his agent or employee engaged in the work and posted on the property subject of the tree work permit. Such notice shall also contain a brief statement of the reasons for revoking such tree work permit.

5. Borough Departments; Public Utilities.

A. Borough departments, agencies and authorities shall be exempt from permitting requirements when the work to be performed is completed by Borough personnel. All contractors performing work under contract for the Borough shall obtain all necessary tree work permits. However, all work performed shall be performed in accordance with all applicable tree law.

B. In the event that street tree work is necessitated by emergencies, tree work permits shall be obtained on the first regular business day on which the Borough is open for business, and such tree work permit shall be retroactive to the date when the work was begun. A person performing street tree work for an emergency must verify the nature of the emergency in writing to the Public Works Director within five days after such emergency.

§ 25-112 Administration and Enforcement.

[Ord. No. 2022-2355, 10/11/2022]

1. Permit required. All tree work permits must be applied for and issued by the Borough in accordance with the permitting provisions of this Chapter 25 before doing any work on trees subject to the requirements of this Chapter 25. All work required to be done under any permit issued by the Borough shall be completed within the period specified on the tree work permit, or if no period is specified on the tree work permit, the time period shall not exceed three months from the date issued unless it has been extended by the Borough. All tree work shall be done directly by the tree contractor listed on the tree work permit and may not be subcontracted.

2. Enforcement. The provisions of this chapter shall be administered and enforced in consultation with the Borough Arborist or other employees and consultants of the Borough. The Borough Arborist or designated officers shall inspect or examine premises, order in writing remedies for any conditions found to violate any provisions of this chapter, and issue permits in accordance with this chapter. This chapter shall be enforced in accordance with § 25-117 of this Chapter 25.

3. Records.

A. The Public Works Department shall keep a record of all applications for tree work permits and a record of all tree work permits issued.

B. The Borough Arborist shall prepare a monthly report for the Public Works Director summarizing for the period all tree work permits issued, and all complaints and enforcement action taken by the designated Borough officers.

§ 25-113 Utilities.

[Ord. No. 2022-2355, 10/11/2022]

Utilities shall notify the Manager prior to pruning any public or street tree located on Borough-owned property for the purpose of maintaining safe line clearance and shall carry out all such work in accordance with accepted arboricultural standards. A tree-trimming plan shall be reviewed by the Borough Arborist and Director with approval from the Borough Manager prior to any trimming by the utility. If accepted arboricultural standards are not followed, the Borough Manager will immediately file a formal complaint with the Pennsylvania Public Utility Commission.

§ 25-114 Appeals.

[Ord. No. 2022-2355, 10/11/2022]

1. Any action of the Director may be appealed to and heard by the Tree Appeal Board. The Appeal Board shall be comprised of the Manager, one or both Councilperson(s) from the ward where the street tree which is the subject of the appeal is located and the Director. Any appeal must be filed within 10 days after the decision of the Director. The appeal shall be in writing and shall be filed with the Borough Manager for placement before the Tree Appeal Board. The appeal shall clearly specify the reasons for which a hearing is requested. Within 30 days after a hearing, the Tree Appeal Board shall render its decision. The decision of the Tree Appeal Board shall be final.

§ 25-115 Emergency Situations.

[Ord. No. 2022-2355, 10/11/2022]

1. If personal injury or property damage is imminent due to the hazardous or dangerous condition of a public tree or street tree, the tree may be removed, pruned or trimmed or other necessary action taken without a tree work permit so long as the action taken is in response to the emergency situation and is reasonable under the circumstances and does not exceed the type of action necessary to address the emergency situation.

2. When any emergency work is performed under these provisions, the property owner or person performing the work shall promptly notify the Director about the work that was done and apply for a tree work permit for any further work to be performed to address the situation.

§ 25-116 Easements.

[Ord. No. 2022-2355, 10/11/2022]

The Borough is authorized to accept easements from property owners to plant and maintain trees on private property where there is insufficient space for mature trees within the public right-of-way. All easements shall be within 12 feet of the boundary of a public right-of-way and visible from said right-of-way, or as determined by the Borough. Such easements shall be in writing, in a form acceptable to the Borough, properly executed, and acknowledged by such property owners, and shall be recorded in the office of the Chester County Recorder of Deeds. The Borough shall have the right to authorize the planting and maintaining of street trees within said easement, which shall be deemed a public area insofar as the trees situated thereon are concerned. The property owner shall have the right to use and occupy the area within the easement in any manner not inconsistent with the grant stipulated in the easement agreement, except that the property owner shall have no right to plant public or street trees or other plantings except ground covers, or to erect any structures within said area, without prior approval of the Borough. The property owner shall be required to maintain any lawn or ground cover within said area, and to notify the Borough Arborist in the event of damage or a dangerous condition caused to or by the public or street trees.

§ 25-117 Financial Security and Enforcement.

[Ord. No. 2022-2355, 10/11/2022]

1. Financial Security. Prior to the issuance of any permit required by this chapter, the permit applicant shall provide to the Borough financial security for the work to be performed, as follows:

A. Small tree: $500 per tree.

B. Medium tree: $1,000 per tree.

C. Large tree: $2,000 per tree.

2. Liability for Damages.

A. Any person damaging or destroying any street tree or public tree shall be liable for the cost of its removal and replacement. Fines will be assessed at $200 per inch of diameter at breast height (DBH).

B. Any person damaging, paving over, or destroying an existing tree well shall be liable for restoration of the tree well and/or the cost of its renovation, which must be done in accordance with the specifications set forth in this Chapter 25 and all applicable Borough codes, ordinances and standards.

C. Any person using or traveling on any public street who damages any public tree meeting the minimum clearance requirement outlined in all applicable Borough codes, ordinances and standards shall be liable to the Borough for any damage to the tree.

3. Fines.

A. It shall be unlawful for any person to carry out any of the activities requiring a tree work permit or an approval in accordance with this Chapter 25 without first obtaining a tree work permit. Violation of any provisions of this Chapter 25 by any person, property owner or tree contractor shall, upon conviction thereof in a summary proceeding brought before a District Justice, be guilty of a summary offense and shall be subject to payment of a fine not less than $100 and not more than $1,000, plus the costs of prosecution. Each section of this Chapter 25 shall constitute a separate offense, and each day or part of a day in which a violation of each section of this Chapter 25 is found to exist shall constitute a separate offense, each of which violations shall be punishable by a separate fine imposed by the District Magistrate of not less than $100 and not more than $1,000, plus the costs of prosecution. In addition to the fines set forth herein, the Borough shall be entitled to reasonable attorneys' fees and costs incurred in enforcing this Chapter 25. The said fees shall be added as restitution to any fines set forth above.

B. Without limiting the scope of any other provision of this Chapter 25, each of the following activities are prohibited and shall result in a summary proceeding wherein a fine of not less than $100 and not more than $1,000, plus the costs of prosecution, shall be assessed:

(1) Breaking, injuring, mutilating, killing, climbing with spurs or in any other way harming any public tree or street tree.

(2) Removing any public tree or street tree without a permit from the Borough.

(3) Interfering in any way with the roots of any public tree or street tree.

(4) Placing any rope, guy wire, cable, guard, sign, poster or any other fixture on any public tree or street tree.

(5) Injuring, misusing or removing any device placed to protect any street tree or public tree, except in case of immediate necessity for the protection of life and property.

(6) Placing any stone, concrete or any other substance which shall impede the passage of water and air to the roots of any public tree or street tree unless an open space of ground surrounding the trunk of such tree is maintained in accordance with the standards set forth in the applicable tree law.

§ 25-118 Repealer.

[Ord. No. 2022-2355, 10/11/2022]

Any and all ordinances, parts of ordinances, resolutions or parts of resolutions in conflict with the terms, conditions and provisions of this Chapter 25, Trees, are hereby repealed to the extent of such conflict. It is the intent of Borough Council that any and all such provisions of any Borough ordinance or resolution are hereby expressly repealed and declared to be of no further force or effect.