[HISTORY: Adopted by the Borough Council
of the Borough of Lewisburg 12-14-1977 by Ord. No. 77-18. Amendments noted where
applicable.]
A.
COMMISSION
PERMIT
PERSON
PUBLIC HIGHWAY
SECRETARY
SHADE TREE
The following words and phrases, when used in this
chapter, shall have the meanings hereby ascribed to them, except in
those instances where the context clearly indicates a different meaning:
The Shade Tree Commission of the Borough Lewisburg.
Any permit in writing as issued by the Secretary of the Shade
Tree Commission.
Any natural person, firm, association, partnership, or corporation.
The highways, streets, sidewalks, and alleys open to the
public within the Borough of Lewisburg.
The Borough Secretary, in her capacity as Secretary of the
Shade Tree Commission.
Any tree, shrub, or other woody plant on any public highway
in the Borough or that part of any tree, shrub, or other woody plant
which extends within the lines of any public highway.
B.
In this chapter, the singular shall include the plural,
and the masculine shall include the feminine.
[Amended 11-16-2004 by Ord. No. 960]
A Shade Tree Commission is hereby established
in and for the Borough of Lewisburg. The Commission shall be composed
of five members who shall be residents of the Borough, shall be appointed
by Borough Council to staggered terms so that one term expires every
year, and shall serve without compensation. Borough Council shall
appoint one member for a term of one year, one member for a term of
two years, one member for a term of three years, one member for a
term of four years and one member for a term of five years. On the
expiration of the term of any commissioner, a successor shall be appointed
by Borough Council to serve for a term of five years. Vacancies in
the office of commissioner shall be filled by Borough Council for
the unexpired term.
The Commission shall have exclusive custody
and control of the shade trees in the Borough and is authorized to
plant, remove, maintain, and protect shade trees in or along the public
highways. In addition, the Commission shall perform all the duties
and may exercise all of the powers conferred by law upon Borough Shade
Tree Commissions as set forth in the Act of 1966, Feb. 1, P.L. (1965)
__, No. 581 (P.S. § 47721 et seq.).
The Commission shall annually report in full
to the Borough Council its transactions and expenses for the last
fiscal year of the Borough.
Whenever the Commission proposes to plant, transplant,
or remove shade trees in or along any public highway, notice of the
time and place of the meeting at which such work is to be considered
shall be given in one newspaper of general circulation in the Borough
once a week for two weeks immediately preceding the time of the meeting.
The notice shall specify in detail the public highways or portions
thereof in or along which shade trees are proposed to be so planted,
replanted, or removed.
[Amended 8-16-1978 by Ord. No. 78-13]
The cost of planting, transplanting, or removing
any shade tree in and along the public highways, of the necessary
and suitable guards, curbing, or grading for the protection thereof,
and of the replacing of any pavement or sidewalk necessarily disturbed
in the execution of such work shall be paid by the owner of the real
estate abutting which the work is done. The amount each owner is to
pay shall be ascertained and certified by the Commission to the Borough
Council and to the Borough Treasurer. The cost and expenses of caring
for such trees after having been planted shall be paid by the Borough.
The needed amount for such care shall each year be certified by the
Commission to the Borough Council and shall be drawn against, as required
by the Commission, in the same manner as money appropriated for Borough
purposes.
[Amended 1-20-1987 by Ord. No. 824]
The Commission may upon notice require the owners
of real estate to cut and remove diseased shade trees located upon
or along their property, which threaten to injure or destroy persons,
property, or other shade trees in the Borough. The notice shall give
the owner at least 20 days in which to comply, and shall include instructions
on how the shade tree is to be cut and removed. The cost of cutting
and removing any dead or diseased shade tree shall be borne by the
owner of the real estate. Upon failure or refusal of any such owner
to comply with such notice, the Commission may cause the work to be
done by the Borough and levy and collect the cost thereof from the
owner.
[Amended 11-21-2000 by Ord. No. 923]
All shade trees planted in and along any of
the public highways shall be set so as to form as nearly as possible
a straight and uniform line with the other shade trees growing upon
the same highway. The said shade trees shall be planted or set from
25 feet to 30 feet apart where practicable and shall be sound, straight
and symmetrical. It is recommended that shade trees of two inches
caliper free of defect, wounds, disease and insect infestation be
planted, that these trees not have limbs lower than five feet and
that they have a straight trunk to at least eight feet at the time
of planting. All shade trees shall be of the species approved for
planting in the Borough by the Commission for that site. Where practicable,
every such tree shall be planted in a pit four feet square filled
with good topsoil otherwise enriched and shall have an adequate open
space of ground outside the trunk of said tree.
[Amended 8-16-1978 by Ord. No. 78-13; 1-20-1987 by Ord. No.
824; 11-21-2000 by Ord. No. 923]
A.
All shade trees shall be kept trimmed by the owner
of the real estate abutting the public highway in or along which the
shade tree is located:
(1)
So as not to interfere with the proper lighting of
public highways by street lights or interfere with traffic control
devices.
(2)
So that the minimum clearance between any overhanging
portion thereof shall be 15 feet above any public highway and nine
feet above all sidewalks; provided, that the Commission shall have
the authority to designate a higher clearance on any public highway
where heavy traffic or other conditions make it expedient.
(3)
So as to eliminate or avoid any real or potential
hazard to persons or property in, upon or along the public highway
from falling dead or diseased branches or portions thereof.
B.
Trimming shall be done according to the American National
Standards Institute ANSI A3000 Pruning Standards 1995, a copy of which
shall be available in the Borough Office. No topping or heading cuts
shall be made and nor more than 1/4 of the foliage on a shade tree
shall be removed each year.
A.
In connection with any construction or the performance
of any work whatsoever in the Borough in the vicinity of any shade
tree, before any work shall be commenced, guards shall be placed at
all shade trees which might be affected by such work so as to effectually
prevent injury to them.
B.
No person shall pour salt, oil, or any other substance
or place any material in the Borough in such a manner that might result
in injury to any shade tree.
C.
Every person having any wire charged with electricity
running in, on, along, or through a public highway shall securely
fasten such wire or place an adequate shield thereon, so that such
wire shall not come into contact with any shade tree injuring it.
Whenever, in order to plant, remove, maintain,
or protect shade trees in or along any public highway or having branches
extending over any public highway, it shall be deemed necessary to
remove or cut off any wire running in, on, along, or through such
public highway, the owner of such wire shall temporarily remove the
same or cut off the flow of current therefrom within 24 hours after
service of written notice from the Commission to do so.
No person shall without first having obtained
a permit therefore:
A.
Plant any shade tree in or along any public highway
or which extends over or within the lines of any public highway, such
permit to designate where such tree is to be planted. The Commission
may refuse a permit to plant any species of tree which in its opinion
is not suited to the location.
B.
Cut down, break, climb with spurs, injure in any manner
or remove any shade tree; or cut or interfere in any way with the
main roots of any shade tree; or 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 except in case of immediate necessity for the
protection of life and property.
C.
Place or maintain any cement or nonporous substance
or material which shall impede the passage of water and air to the
roots of any shade tree.
D.
Attach any electric wire, insulator, or any device
for the holding of an electric wire to any shade tree.
The application for any permit required under
this chapter shall be made in writing to the Secretary. It shall specify
the particular kind of work or operation the applicant desires to
perform thereunder and shall state the exact location and the species
of any tree affected. It shall be the duty of the Secretary to submit
any such application promptly to the Commission for approval or disapproval.
The permit shall be effective for such length of time as the Commission
shall in each case determine, and such time shall be indicated on
the permit. Any such permit may be revoked at any time upon proof
satisfactory to the Commission that any of the terms or conditions
upon which such permit was issued are or have been violated. The Commission,
in its discretion, may, as a condition precedent to the issuance of
the permit, require the applicant to file a bond satisfactory to the
Commission or to deposit security satisfactory to it to guarantee
that the applicant will comply with the terms and conditions upon
which such permit is issued.
[Amended 4-17-2012 by Ord. No. 1014]
This chapter shall be enforced by the Commission
in conjunction with the Mayor and the Buffalo Valley Regional Police
Department of the Borough.
[Amended 10-20-1987 by Ord. No. 833]
Any person, firm or corporation who shall violate
any provision of this chapter shall, upon conviction thereof, be sentenced
to pay a fine of not more than $300; and/or to imprisonment for a
term not to exceed 90 days. Every day that a violation of this chapter
continues shall constitute a separate offense.
