[HISTORY: Adopted by the Borough Council
of the Borough of Old Forge 10-17-2006 as §§ 143-2 and 143-4 through 143-13 of Ord.
No. 2006-10. Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
The Shade Tree Commission of the Borough of Old Forge.
A permit, in writing, as issued by the Code Enforcement Officer
of the Borough or the appropriate designated agent or representative
of the Borough.
Any individual, corporation, group of individuals, firm,
association, partnership and their servants, agents or other employees.
Any street, highway, avenue, alley or sidewalk open to the
public.
Any tree, shrub or other woody plant in or upon any public
street, highway or avenue, park, parkway or other public areas; or
that part of any tree, shrub or other woody plant which extends within
the lines of any public street, highway, avenue, park, parkway or
other public areas in the Borough.
It shall be unlawful for any person to plant,
remove, mutilate or cut down any shade tree or cause to have done
a major or total pruning of any shade tree within a public area without
first obtaining a permit and doing the same in conformance with said
permit, except it shall not be unlawful to do the following without
a permit or approval of the Commission:
A.
Trim shade trees to conform to the clearance requirements
of this chapter, trim or prune shrubs and bushes within the public
area, remove or cut off long-hanging or broken branches of trees which
create or may create a public nuisance or danger;
B.
Carry out normal repair, upkeep, minor pruning and
trimming; or
C.
Prune, trim or cut for the maintenance of public utility
facilities.
No tree shall be planted or removed in or upon
any public street, highway, avenue, park, parkway or other public
areas without a written permit. Such permit will designate the type
of tree and place where such tree is to be planted or removed. The
Commission, with the guidance of the District Forester, shall have
authority to designate the suitable type of tree and may refuse a
permit to plant any type of tree which, in its opinion, is not suitable
to the location. All persons shall first obtain a written permit before
doing or having done any work for the care, pruning, or trimming of
any tree in or upon the public streets, highways, avenues, parks,
parkways and other public areas, and such work will be done to the
satisfaction of the Commission.
A.
An application for a permit shall be made, in writing,
to the Borough Code Enforcement Officer on a form provided. The permit
shall specify the particular kind of work or operation the applicant
desires to perform, the exact location and the species of any shade
tree affected, the owner of the property and the person who will do
the work. It shall be the duty of the Code Enforcement Officer to
submit every such application promptly to the Commission for approval
or disapproval. 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.
B.
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 satisfactory to the Commission to
guarantee compliance by the applicant with the terms and conditions
upon which such permit was issued, and which bond shall not be more
than double the estimated costs of such work. The fee for such permit
will be as set from time to time by resolution of the Borough Council.
For major work, the Commission shall require a certification of insurance
against personal injury or property damage.[1]
C.
Authority to grant or deny a permit and/or impose
conditions in a permit.
(1)
The Commission shall review each application for a
permit and shall grant or deny said application. If granted, it shall
state 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 a permit.
(2)
It shall not be necessary for the Borough to obtain
a permit to do any work on public areas owned in fee simple or rented
by it, but no such work shall be done without consultation with the
Commission.
No person shall break, injure, mutilate, kill
or destroy any shade tree or set fire or permit any fire to burn where
such a fire or the heat thereof will injure any shade tree. No person
shall knowingly permit any leak to exist in any gas or steam pipe
or main within the root zone of any shade tree or permit any toxic
chemical, either solid or liquid, to seep, drain or empty on or about
any such shade tree or permit any wire designed to carry electric
current to come in contact with any shade tree unless protected by
a method to be approved by the Shade Tree Commission. No person shall
excavate any ditches, tunnels or trenches or lay any driveway within
a ten-foot radius of any shade tree without first obtaining a written
permit from the Shade Tree Commission.
The spacing between newly planted shade trees
shall not be less than 40 feet. No shade tree shall be planted less
than 30 feet from a curb intersection or less than 10 feet from a
fire hydrant, sewer inlet, light standard or utility pole. No shade
tree shall be planted on any street or highway of the Borough where
curbs have not been constructed, unless approved by the Commission.
The Commission will then specify the species of tree and plant location.
A.
All trees shall be kept trimmed so that the minimum
clearance where they overhang any public walk shall be nine feet,
and the minimum clearance where the trees overhang any public street
or highway shall be 11 feet.
B.
The Commission reserves the right to designate a higher
clearance on certain highways where heavy traffic or other conditions
make it expedient.
C.
All trees standing on private property and having
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.
(1)
In case the owner of such property shall neglect or
refuse to trim the trees upon being notified, in writing, by the Commission
or the Borough's designated agent to do so, the Borough may, after
the expiration of 30 days of said notification, cause such trimming
to be done at the expense of the owner.
(2)
The entire cost of the above 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.
When any tree along the streets or highways
of the Borough, or growing on private property but overhanging any
street or highway, in the opinion of the Commission, endangers the
life, health, safety or property of the public, or is affected by
any contagious disease or insect infestation, it shall be within the
discretion of the Commission to determine what remedy is necessary
and whether or not such tree must be removed. The owner of the property
shall be notified in writing of the existence of the danger, disease
or insect infestation and shall be given 30 days to remove the same,
except when trees are infected with Dutch Elm disease. In such case,
no notice is necessary, and the Borough shall immediately take steps
to remove such trees. If a dangerous, diseased or infected tree is
not removed or corrected within the 30 days by the property owner,
the Commission shall cause the matter to be corrected or the tree
removed and the costs assessed to the owner of the property.
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.
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
Code Enforcement Officer. The Code Enforcement Officer shall cause
30 days' written notice to be given the person against whose property
an assessment has been made. Said notice shall state the amount of
the assessment, the time and place of payment and certificates from
the Commission and the Code Enforcement Officer as to the work performed.
In the event of nonpayment within 30 days thereafter, the same may
be collected as herein provided.
A.
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, through Borough
Council, shall, upon conviction thereof, be punishable by a fine of
not more than $1,000, plus costs of prosecution, and, in default of
payment of such fine and costs, by imprisonment for not more than
30 days.
B.
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 a violation is being committed, each day in
which the violation shall continue after such notification shall constitute
a separate offense punishable by like fine or penalty.
The provisions of this chapter shall be enforced
by the Code Enforcement Officer of the Borough, who shall have the
duties and powers conferred by this chapter, in addition to those
reasonably implied by its purpose. The Commission may direct the Code
Enforcement Officer as its agent to carry out the provisions of this
chapter as it may determine or may be authorized to carry out on its
own.
