[Ord. 1959-6, 8/10/1959]
This Part shall be known and may be cited as the "Oxford Borough
Shade Tree Ordinance."
[Ord. 1959-6, 8/10/1959]
A commission to be known as the "Shade Tree Commission" is hereby
established, which shall be composed of three residents of the Borough
of Oxford, who shall be appointed by the Borough Council and shall
serve without compensation. The Borough Council may also appoint advisers
to the Shade Tree Commission, but all official actions shall be taken
by the Commission.
[Ord. 1959-6, 8/10/1959]
The Borough Council shall appoint one member of the Shade Tree
Commission for a term of three years, one for a term of four years
and one for a term of five years. On the expiration of the term of
any Shade Tree Commissioner, a successor shall be appointed by the
Borough Council to serve for a term of five years. Vacancies in the
office of Shade Tree Commissioner shall be filled by the Borough Council
for the unexpired term.
[Ord. 1959-6, 8/10/1959]
The Shade Tree Commission is authorized, to plant, remove, maintain
and protect shade trees, shrubs or other woody plants within 10 feet
of the property line of all public streets, highways, avenues, courts,
terraces, rights-of-way, parkways or other public areas in the Borough,
but it shall not obligate the Borough to the expenditure of any Borough
funds without having been first authorized by the Council to do so.
[Ord. 1959-6, 8/10/1959; as amended by Ord. 428, 2/10/1969]
The Shade Tree Commission may, with the approval of the Borough
Council, employ assistants as the proper performance of the duties
devolving upon it shall require, and may publish and enforce regulations
for the care and protection of the shade trees of the Borough. No
such regulation shall be in force until it has been approved by the
Council and enacted as an ordinance.
[Ord. 1959-6, 8/10/1959]
When published, such regulation or regulations shall, for purposes
of enforcement, be considered a part of this Part, and any violation
of the terms of such regulation or regulations shall be considered
as a violation of this Part.
[Ord. 1959-6, 8/10/1959]
The Shade Tree Commission shall annually report in full to the
Borough Council its transactions and expenses for the last fiscal
year.
[Ord. 1959-6, 8/10/1959]
Whenever the Shade Tree Commission proposes to plant or remove
shade trees on any street or highway in the Borough of Oxford, notice
shall be given in writing to the property owner or owners, and a copy
thereof shall be submitted to the Borough Council.
[Ord. 1959-6, 8/10/1959]
The cost of planting, transplanting or removing any shade trees
in the streets or highways of the Borough, of the necessary and suitable
guards, curbing or grading for the protection thereof and of the replacing
of any pavement, curbs or sidewalk necessarily disturbed in the execution
of such work shall be paid by the owner of the real estate in front
of whose property the work is done. The amount each owner is to pay
shall be ascertained and certified by the Shade Tree Commission to
the Borough Council and to the Borough Treasurer.
[Ord. 1959-6, 8/10/1959]
Upon the filing of the certificate with the Borough Council,
the Borough Secretary shall cause 30 days' written notice to
be given to the person against whose property an assessment has been
made. Such written notice may be personally served upon the owner
or sent by first-class mail to the last known address of the owner,
or, if such address is unknown, said notice may be posted on the premises.
The notice shall state the amount of the assessment and that the assessment
is payable within 30 days from the date of the notice at the Borough
Building and shall be accompanied by a copy of the certificate. The
amount assessed against the real estate shall be a lien from the time
of the filing of the certificate with the Borough Council, and if
not paid within 30 days from the date of the notice, claim may be
filed and collected by the Borough in the same manner as municipal
claims are filed and collected. Such claim shall bear interest at
the rate of 6% per annum commencing 30 days from the date of the notice,
and a penalty of 5% shall attach thereto if payment; is not made on
or before 60 days from the date of the notice. Any such claim may
also be collected by an action in assumpsit.
[Ord. 1959-6, 8/10/1959]
The Shade Tree Commission may authorize the owners of property
to plant, transplant or remove any shade trees or to care for, prune
or trim any shade trees in the streets or highways of the Borough
abutting on their respective properties and require the necessary
and suitable guards, curbing or grading for the protection thereof
and the replacing of any pavement, curbs or sidewalk disturbed in
the execution of such work. The Shade Tree Commission may require
the giving of a bond with surety to ensure the protection of curbs,
sidewalks and paving as a condition precedent to such authorization.
[Ord. 1959-6, 8/10/1959]
The Shade Tree Commission may, upon 30 days' written notice
served personally upon the owner or sent by first-class mail to the
last known address of the owner or, if such address is unknown, by
posting a written notice on the premises, require the owner of property
to cut and remove trees afflicted with the Dutch elm or other disease
which threatens to injure or destroy shade trees in the Borough. Upon
failure of any such owner to comply with such notice, the Borough
may cause the work to be done by the Borough and levy and collect
the cost 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 Borough Council and
shall be filed with the Borough Secretary. The amount of such lien
shall be ascertained upon completion of the work and shall bear interest
at the rate of 6% per annum from the date when the amount thereof
is ascertained. A penalty of 5% shall attach thereto if payment is
not made within 30 days from the date when the amount of the lien
is ascertained. Any such lien may be collected by an action in assumpsit
or by lien filed in the manner provided by law for the filing and
collection of municipal claims.
[Ord. 1959-6, 8/10/1959]
The cost and expense of caring for such trees after having been
planted and the expense of publishing the notice hereinbefore provided
shall be paid by Borough Council. The needed amount shall each year
be certified by the Shade Tree Commission to the Borough Council so
that the same may be included in the Borough budget, and shall be
drawn against as required by the Shade Tree Commission, in the same
manner as money appropriated for Borough purposes. The Borough Council,
instead of levying the tax authorized under the general tax levying
provisions of the Borough, may provide for the expense of caring for
trees already planted and of publishing the notice by appropriations
equal to the amount certified to be required by the Shade Tree Commission.
[Ord. 1959-6, 8/10/1959]
The Shade Tree Commission may authorize any public utility company whose facilities are or may be involved or affected in the planting, transplanting or removal of shade trees or shrubs or in caring for, trimming or pruning thereof to do the necessary work within the limits as defined in § 25-104. A permit authorizing such work shall first be issued by the Shade Tree Commission, which may require the giving of a bond with surety to ensure the protection of curbs, sidewalks and pavements and the proper performance of the work as a condition precedent to such authorization.
[Ord. 1959-6, 8/10/1959]
The Shade Tree Commission shall be notified by the Borough Council
Secretary of the filing of any plans for subdivision under the provisions
of the Subdivision Control Ordinance, whereupon it shall be the duty
of the Commission to review said plans and to recommend to the Borough
Planning Commission and the Borough Council the planting, transplanting
or removing of any shade trees in the streets or highways appearing
on said plans to the end that the Borough Council may condition its
approval of said plans upon the planting, transplanting or removing
of such shade trees.
[Ord. 1959-6, 8/10/1959]
No shade tree shall be planted, transplanted or removed on any
street, highway or right-of-way in the Borough of Oxford without a
written permit from the Shade Tree Commission, such permit to designate
the type of tree and the place where such tree is to be planted, transplanted
or removed. The Shade Tree Commission shall have authority to designate
a 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 from the Shade Tree Commission
before planting, transplanting, removing, pruning or trimming any
shade tree in the streets or highways of the Borough. Such work shall
be done to the satisfaction of the Shade Tree Commission.
[Ord. 1959-6, 8/10/1959; as amended by Ord. 428, 2/10/1969;
by Ord. 636, 5/23/1989, § 1-6; and by Ord. 810, 12/17/2007]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof, shall be sentenced to pay a
fine of not more than $1,000 plus costs and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
days. Each day that a violation of this Part continues shall constitute
a separate offense.
[Ord. 1959-6, 8/10/1959]
All penalties, fines or assessments imposed by this Part shall
be paid to the Borough Treasurer, to be placed to the credit of the
Shade Tree Commission, subject to being drawn upon by said Commission
for the purposes of this Part.
[Ord. 48, 4/18/1894]
The owners of the different properties fronting on the streets
of the Borough of Oxford are hereby directed and required to trim
and keep trimmed the trees on their respective properties to the clear
height of eight feet above the pavements and to the clear height of
15 feet above the center of the streets.
[Ord. 48, 4/18/1894; as amended by Ord. 418, 2/10/1969]
If the owner of any property shall fail to comply with the requirements of the § 25-201 after notice, such trees may be trimmed under the direction of the Shade Tree Commission, and the cost of the work, plus 10%, shall be collected by the Borough from such defaulting owner.
