[Ord. 455, 11/6/2013]
1.
The Council of the Borough of Saxonburg shall have exclusive custody
and control of the shade trees and other plant materials (grass excepted)
within the rights-of-way of curbed, public highways and certain parks
of the Borough, or of trees whose branches extend over and above any
such streets and highways or whose continued existence shall be a
menace to the public using such streets and highways.
2.
The Borough Council shall employ the service of a certified arborist
or landscape professional, when necessary, who shall counsel and advise
the Borough Council in the care, planting, removal and maintenance
of plant material, shade trees and park trees within its jurisdiction
as provided by this Part.
[Ord. 455, 11/6/2013]
As used in this Part, the following terms shall have the meanings
indicated:
The Borough of Saxonburg, Butler County, Pennsylvania.
The area immediately adjacent to some buildings on Main Street,
located between the building and the sidewalk, allowing for plantings
by the property owner.
The elected members of the Borough Council of Saxonburg.
Includes Roebling Park, Aderhold Park or any other park adopted
by the Borough.
Any tree, shrub, or other woody plant in a park having an
individual name, such as Roebling Park.
Any natural person, partnership, association, firm or corporation.
The singular shall include the plural; the plural shall include the
singular; and the masculine shall include the feminine and neuter.
Any tree, shrub or other woody plant within the right-of-way
of any curbed public street within the Borough, or that part of any
tree, shrub or other woody plant which extends within the lines of
any curbed public street within the Borough.
The severe cutting back of limbs to stubs larger than three
inches in diameter within the tree's crown to such a degree so
as to remove the normal canopy and disfigure the tree. Trees severely
damaged by storms or other causes, or certain trees under utility
wires or other obstructions where other pruning practices are impractical,
may be exempted from this definition if so determined by the Borough
Council.
[Ord. 455, 11/6/2013]
1.
The following species constitute the official list of shade trees
for the Borough. No species other than those included in this list
may be planted as shade trees without written permission of the Borough
Council.
A.
Scarlett hawthorn, Cleveland select callery pear, jack pear tree,
golden rain tree, red bud, amur maple, and crimson king maple.
2.
The Borough Council may add to and delete from this list of authorized
species as recommended by a certified arborist.
[Ord. 455, 11/6/2013]
1.
It shall be unlawful for any person, firm or corporation, without
the written permission of the Borough Council, to:
A.
Prune, bolt, spray, brace, paint or remove any tree, shrub or evergreen
from within the limits of any curbed public street or park, nor shall
they interfere with the main roots in any way nor place nor affix
any poster or other fixture upon any tree or guard, shrub or evergreen,
so located, nor remove any device to protect same, nor shall they
park an automobile or other vehicle nor pile any harsh or heavy materials
against, nor shall they hang anything from any tree, shrub or evergreen
within the limits of any curbed public street or park within the Borough.
B.
Place or hereafter maintain or park upon the ground within any curbed
public right-of-way any stone, concrete, brick, mastic paving, gravel,
or other substance which might impede the free passage of air and
water to the roots of any tree, shrub or evergreen without leaving
a clear space of at least eight square feet surrounding the trunk
of the tree or evergreen or the base of any shrub.
C.
Top any shade tree on public property.
D.
Plant or cause to be planted within the rights-of-way of any curbed
street or highway or park within the Borough any Carolina poplar,
willow or catalpa trees.
[Ord. 455, 11/6/2013]
The Borough shall have the right to cause the removal of any
dead or diseased shade trees within the Borough when such trees constitute
a hazard to life and property or harbor insects or diseases which
constitute a potential threat to other trees within the Borough. The
Borough will notify, in writing, the owners of such trees. Removal
shall be done by said owners at their own expense within 60 days after
the date of service of notice. In the event of failure of owners to
comply with such provisions, the Borough shall have the authority
to remove such trees and charge the cost of removal to said owners.
If such costs are not paid within 60 days from the date of notice,
a claim shall be filed and collected by the Borough Solicitor in the
same manner as municipal claims are by law filed and collected.
[Ord. 455, 11/6/2013]
All stumps of shade trees shall be removed below the surface
of the ground so that the top of the stump shall not project above
the surface of the ground.
[Ord. 455, 11/6/2013]
It shall be unlawful for any person to prevent, delay or interfere
with the Borough Council, or any of its agents, while engaging in
and about the planting, cultivation, mulching, pruning, spraying or
removing of any shade trees on private grounds, as authorized by this
section.
[Ord. 455, 11/6/2013]
The cost and expense of caring for existing shade trees or shade
trees hereafter planted by the Borough Council shall be paid by the
Borough Council, with funds appropriated by Borough Council, except
as otherwise provided by law.
[Ord. 455, 11/6/2013]
Any person, firm or corporation who shall violate any provision
of this Part shall, upon conviction thereof, be sentenced to pay a
penalty of not more than $1,000.
