[Ord. 888, 12/20/1993, § 1]
This Part shall be known as the "Shade Tree Ordinance of the
Borough of Hatboro."
[Ord. 888, 12/20/1993, § 2]
In interpreting this Part, the present tense includes the future,
the singular includes the plural and the plural the singular; and
the word "person" includes natural person, partnership, firm, association,
and corporation.
The duly incorporated Borough of Hatboro, County of Montgomery,
Commonwealth of Pennsylvania, United States of America.
The duly appointed member of the Borough Council of the Borough
of Hatboro.
The duly appointed members of the Shade Tree Commission of
the Borough of Hatboro.
The area of any public street, road, highway, or other publicly
held thoroughfare within the corporate limits of the Borough that
has been designated by law as a public right-of-way.
Any tree, shrub, or other woody plant, which is planted in
any right-of-way, or has at least one-half of trunk, branches, or
roots extending into any right-of-way.
[Ord. 888, 12/20/1993, § 3]
The Borough recognizes that properly planted, maintained, and
protected shade trees add to the esthetics and health and welfare
of the citizens of the Borough. Therefore, it shall the intent of
this Part to establish a Shade Tree Commission for the Borough of
Hatboro, define the mission of that commission and establish rules
and regulations to encourage the planting of appropriate shade trees,
provide for the proper maintenance of the trees, protect shade trees,
and provide guidelines for the removal and replacement of shade trees.
[Ord. 888, 12/20/1993, § 4]
1.
A Shade Tree Commission is hereby established. The Commission shall
consist of three members who are citizens of the Borough, appointed
to serve five-year terms. The members of the current Shade Tree Commission
in existence at the adoption of this Part shall continue to serve
the remainder of their term, and then shall be reappointed or replaced
in accordance with this Part.
2.
The Shade Tree Commission shall have the power to issue permits required
by this Part, and to enforce the provisions of this Part as provided
by law.
3.
The Shade Tree Commission shall, when called upon, act as an advisory
panel to Borough Council on all Borough matters having an environmental
impact on the Borough including, but not limited to, land development,
park development, or improvements, and downtown revitalization projects.
4.
The Shade Tree Commission shall report to Borough Council through
the Parks and Recreation Committee, or as the President of Council
may otherwise direct.
[Ord. 888, 12/20/1993, § 5]
1.
The maintenance, care, or removal of any shade trees, as defined
herein, and required compliance with any provision of this Part shall
be the responsibility of the property owner on whose property the
tree is located or whose property abuts the right-of-way in which
the shade tree is located.
2.
No person, without first obtaining a permit, shall cut, prune, break,
affix any foreign object to, or in any way cause injury to any shade
tree within any public right-of-way or municipal park within the Borough.
3.
No person, without first obtaining a permit, shall plant a shade
tree within any public right-of-way or municipal park within the Borough.
4.
No person, without first obtaining a permit, shall remove a shade
tree within any public right-of-way or municipal park within the Borough.
5.
All mature shade trees shall be kept trimmed to a minimum branching
height of 10 feet, except that the Commission may require greater
height clearances to eliminate traffic or other hazards.
6.
Whenever, in the opinion of the Commission, a health or safety hazard
exists caused by a shade tree, the Commission may issue a written
order to the responsible property owner to take action to correct
the condition within 10 days of the date of the order. If, after written
notification, the responsible property owner fails to take corrective
action, the Borough shall have the required work accomplished to correct
the health or safety condition and shall bill the responsible property
owner. Failure to remit by the responsible property owner may result
in a lien placed against the property by the Borough.
7.
Whenever a new shade tree is planted within 10 feet of a curb or
public sidewalk, a root barrier of a type approved by the Commission
shall be required.
[Ord. 888, 12/20/1993, § 6]
1.
In addition to the foregoing general provisions, the following special
provisions shall apply to shade trees located in the retail commercial
districts of the Borough.
A.
A minimum sidewalk opening of four feet square shall be required
for each shade tree. The opening shall be paved with a flush, smooth,
hard surface such as brick or concrete pavers laid on sand.
B.
Only the following types of trees may be planted in the right-of-way:
Hybrid Red Maples, Lindens, Thornless Honey, Locusts, Pears, and Elms.
The planting of any other type of tree shall require permission from
the Commission.
C.
Whenever a shade tree is removed in a retail-commercial district,
the shade tree shall be replaced in accordance with this Part. All
removed shade trees shall be replaced except when a change in street
construction or land development makes it impossible, or would cause
the replacement to be a safety or health hazard A decision not to
replace a removed shade tree must be approved by the Commission.
D.
The Commission shall annually inspect all shade trees within the
retail-commercial district and shall file a report with the Chamber
of Commerce and Borough Council on the condition of the trees and
needed maintenance. The inspection shall be done in late summer and
the report filed by the first day of October.
[Ord. 888, 12/20/1993, § 7]
1.
The Commission shall annually inspect all trees in the parks of the
Borough and on all open space and recreational areas owned by the
Borough, and shall file a report with Borough Council on the condition
of the trees and needed maintenance. The inspection shall be done
in late summer and the report filed by the first day of October.
2.
Any new planting proposals shall be reviewed by the Commission and
the Commission shall make recommendations on the type of tree that
should be planted.
[Ord. 888, 12/20/1993, § 8]
Fees for permits shall be set from time to time by resolution
of Borough Council.
[Ord. 888, 12/20/1993, § 9; as amended by Ord.
907, 9/23/1996, § 25-109; and by Ord. 1005, 5/23/2011]
Any person, firm, or corporation who shall violate any provision
of this Part shall, upon conviction thereof, 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.
