[Ord. 523, 4/11/2005, § I]
It is the purpose of this Part to promote and protect the public
health, safety and welfare by providing for the regulation of the
planting, maintenance and removal of trees, shrubs and other vegetation
within the Borough of Edinboro.
[Ord. 523, 4/11/2005, § III]
As used in this Part, the following terms shall have the meanings
indicated:
Any individual, partnership, company, association, corporation
or other group or entity.
The Borough of Edinboro Public Works Department and any representative
of that office specifically designated by the Borough Manager to carry
out the responsibilities set forth in this Part.
Such injury and damage which endangers the continued life
of any tree.
The cutting back of limbs to stubs larger than three inches
in diameter within the tree's crown to such a degree as to substantially
remove the natural canopy.
A woody plant with one main trunk which generally reaches
20 feet or more in height, at maturity, and shall not include shrubs
or bushes.
Any area within the right-of-way of a street or roadway officially
accepted as a Borough street, open to and used for public travel within
the Borough of Edinboro.
[Ord. 523, 4/11/2005, § IV; as amended by Ord.
585, 9/12/2011]
1.
Organization. An advisory commission to be known as the "Edinboro
Shade Tree Commission" (known as "Environmental Shade Tree Advisory
Committee") is hereby created and shall continue to function until
such time that it is revoked by ordinance. This Commission shall provide
citizen input on tree issues.
2.
Commission Membership. The Shade Tree Commission shall be composed
of four residents of the Borough, one Borough Council member and one
alternate. The five full members shall be voting members. The alternate
shall attend each meeting but shall not vote unless filling a vacancy
either on a permanent or temporary basis.
3.
Terms of Office.
A.
All citizen Commission members shall be appointed by Borough Council.
B.
Commission members' terms of office shall expire on the first
Monday in January following the last year of their terms of office.
C.
Duly appointed Commission members shall serve a term of three years,
except that initial appointment shall be so staggered that the terms
of approximately one-third of the membership shall expire each year.
D.
The Borough Mayor shall appoint one representative from Borough Council
to the Shade Tree Commission.
4.
Officers and Actions. Members of the Commission shall elect a Chairperson,
Vice Chairperson and such other officers as they may determine necessary.
All officers shall be eligible for reelection. The Commission shall
keep a written record of its meetings in accordance with the law.
The Commission shall provide Council with minutes and annual or other
reports of its activities as may be requested or required.
5.
Compensation. Commission members shall receive no compensation for
their services, but may be reimbursed for the expenses actually and
necessarily incurred by them in the performance of their duties and
have received prior approval of Borough Council and/or the Borough
Manager.
6.
Responsibilities and Duties.
A.
The Commission shall study and make recommendations to the Department
of Public Works and to Council on all matters affecting trees within
Borough streets, including ordinances and regulations for the placement,
removal, care and protection of trees.
B.
The Commission shall perform the following duties:
(1)
Recommend policies, rules and regulations.
(2)
Recommend an annual tree removal and replacement program.
(3)
Recommend programs to Borough Council on the types and locations
of plantings on public property.
(4)
Identify and inspect hazardous trees on public property and
initiate corrective action.
(5)
Maintain public trees.
(7)
Undertake such tasks as requested by Borough Council.
(8)
Study site plans and significant building permit applications
submitted to the Building/Planning/Zoning Officer and make recommendations
for appropriate landscaping prior to approval of said submissions.
[Ord. 523, 4/11/2005, § V]
1.
Tree Care Within Borough Streets.
A.
The Borough shall have the right but not the duty to plant trees
within Borough streets to preserve and to enhance the symmetry and
beauty of the Borough streets.
B.
The Borough shall have the right but not the duty to trim, maintain
and remove trees, plants and shrubs within Borough streets which may
be dead, diseased or in an unsafe condition or which may interfere
with or cause harm to sewers, water lines, and other public utilities,
or to public improvements; which may pose a hazard to traffic or pedestrians;
which may interfere with traffic control devices or streetlights;
which have been damaged by storm or other occurrence; or which in
any other manner may pose a threat to the public health or safety.
C.
Except with respect to trees which have been planted by the Borough,
the Borough shall make reasonable efforts to provide the owner of
adjacent property with notice of its planned action with respect to
trees and shrubs within Borough streets.
D.
In the event the Borough engages in maintenance activities under this Part with respect to trees within Borough streets, the property owner or possessor shall not be liable for the costs incurred with respect to any tree unless enforcement proceedings have previously been instituted by the Borough under § 25-107 of this Part with respect to a violation of § 25-106.
E.
The Borough may, upon such notice as may be provided by ordinance,
require owners of property to cut and remove plants, shrubs and trees,
afflicted with Dutch Elm or other disease, which threatens to injure
or destroy plants, shrubs and 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. Any
such lien may be collected by action in assumpsit or by lien filed
in the manner provided by law for the filing and collection of municipal
claims.
2.
Obligations of Owners. It shall be the obligation of the owner to:
A.
Trim and prune trees so that no part of limbs, branches or foliage
shall have a clearance of less than eight feet above the surface of
the sidewalk or of less than 14 feet above the surface of the roadway,
street or alley.
B.
Remove and dispose of tree trimmings properly.
C.
Trim and remove dead, diseased, broken and decayed limbs and branches
from trees within Borough streets which constitute a hazard to sidewalk
pedestrians, street traffic or to the public generally.
D.
Remove from within Borough streets all dead, diseased or such other
trees, including stumps, which constitute a hazard to the public by
reason of diseased or other dangerous condition.
3.
Responsibilities of Public Works Department.
A.
The Public Works Department, in cooperation with the Tree Commission,
shall develop and establish regulations for the various classifications
of trees and the planting maintenance, protection and removal of trees
within the Borough streets. These regulations shall be effective upon
approval by resolution of Borough Council. These regulations may be
changed from time to time in accordance with this procedure.
B.
The Public Works Department shall also be responsible for administering
the provisions of this Part and for enforcing the regulations and
provisions of this Part.
4.
All activities required by this section shall be conducted in accord
with the requirements adopted by this Part and all applicable regulations
hereunder.
[Ord. 523, 4/11/2005, § VI]
2.
Permit Application. A written application, together with such fee
as may be established from time to time by resolution of Borough Council,
shall be submitted to the Public Works Department. The application
shall contain the following information:
A.
Name, address and phone number of the applicant.
B.
Location and description of property on which activity requiring
permit is to occur.
C.
Owner(s) of the specified property if different from applicant.
D.
A description of activity to be undertaken including all relevant
details including a description of trees affected, their location
with respect to streets, property lines, sidewalks and structures,
types of chemicals or other matter to be applied, persons doing the
work, and any other information requested by the Public Works Department
and reasonably necessary to determine whether a permit should be issued.
E.
For persons engaged in multiple tree trimming, cutting, pruning and
removal activities for a fee or as a business, the applicant shall
be required to demonstrate possession of liability insurance covering
the activities involved in minimum amounts of $1,000,000 for each
occurrence.
3.
Permit Issuance. A permit shall only be issued after the Public Works
Department determines that the trimming or cutting down of a tree
or application of chemicals or other matter or activity involving
a tree or trees within a Borough street will be performed in accordance
with the regulations promulgated and adopted pursuant to the provisions
of this Part and will not be detrimental to traffic or to utility
services in or about the street and will not otherwise be detrimental
to the public health, safety and welfare.
[Ord. 523, 4/11/2005, § VII]
1.
It shall be unlawful:
A.
To cut down or top or cause to be cut down or topped any tree within
Borough streets without a permit issued by the Public Works Department
pursuant to and in accordance with the provisions of this Part.
B.
To plant or cause to be planted any tree within Borough streets except
in accordance with spacing requirements set forth in the Borough of
Edinboro Rules and Regulations,[1] which are attached hereto and incorporated herein, which
establishes required distances from other trees, street intersections,
fire hydrants, curbs, sidewalks, underground water, sewer or other
utility and overhead utility wire, cable or facility as measured from
the main tree trunk based upon classification of trees by species
and size as set forth in the regulations adopted in accordance with
this Part.
[1]
Editor's Note: The Rules and Regulations are included as an attachment to this chapter.
C.
For any person engaged in multiple tree trimming or tree removal
activities to trim any trees within Borough streets without a permit
issued by the Public Works Department pursuant to and in accordance
with the provisions of this Part, and for any such person to conduct
such activities in any manner which is not in conformity with regulations
adopted by Borough Council in accordance with the provisions of this
Part.
D.
To apply chemicals in the nature of fungicides or pesticides to trees
within Borough streets without a permit issued by the Public Works
Department pursuant to the provisions of this Part and except in accordance
with applicable federal or state laws, rules and regulations relating
thereto.
E.
To fasten ropes, wires, cables, electric attachments, signs or other
devices to a tree within Borough streets without a permit issued by
the Public Works Department pursuant to the provisions of this Part,
and except in conformity with regulations adopted by Borough Council
in accordance with the provisions of this Part.
F.
To cut or disturb roots, to obstruct free access of air and water
to roots, to maintain fires in close proximity to trees, or to undertake
demolition or construction work without protecting or guarding nearby
trees, where such activity is likely to cause substantial injury or
destruction of a tree within Borough streets.
2.
Declaration of a Public Nuisance. Any tree within the Borough which
causes a hazard to sidewalk pedestrians, street traffic or to the
public generally by reason of its dead or diseased condition, or dead,
diseased, broken or decayed limbs or branches, or limbs, branches
or foliage which hang into the path of street traffic or persons using
sidewalks shall constitute a public nuisance and be subject to correction
or abatement as is generally provided for the abatement of public
nuisances at the sole cost and expense of the owner of the subject
property.
[Ord. 523, 4/11/2005, § VIII; as amended by Ord.
585, 9/12/2011]
1.
Violations.
A.
Any person who shall violate or fail to comply with the requirements of obligations set forth in §§ 25-104, Subsection 2, and 25-106 above shall be served with a written order issued by the Public Works Department requiring such action as appropriate to correct a hazardous condition or a condition in violation of this Part or regulations promulgated pursuant to this Part.
B.
The subject orders shall, except in the case of emergency or eminent
hazard to the public health or safety, require correction of the hazardous
condition or violation within a period of not more than 30 days.
2.
Remedies.
A.
Any person who is aggrieved by any order issued by the Director of
Public Works pursuant to this section may appeal the order to the
Shade Tree Commission by filing a written notice of appeal with the
Chairperson of the Shade Tree Commission within 10 days of the date
of the subject order or notice, and said Commission shall then conduct
a hearing within 10 days of receipt of the written appeal in accord
with the Pennsylvania Local Agency Law to determine whether the order
was properly issued and whether the appellant is entitled to relief
from the order.
B.
The decision of the Shade Tree Commission shall be made in writing
within five days of the scheduled hearing date. Any person aggrieved
by the decision of the Shade Tree Commission may appeal the order
to Borough Council by filing a written notice of appeal within 10
days of receipt of the written findings of the Shade Tree Commission.
The decision of Borough Council is final and not subject to appeal.
C.
In the event a person fails or refuses to comply with any order of
the Public Works Department which is not subject to continuing appeal
as provided by this Part or by general law or otherwise fails to correct
any prohibited condition or to cease any continuing violation, then
the Borough may take one or more of the following actions:
(1)
Revoke any permit issued pursuant to the provisions of this
Part.
(2)
Correct or remedy the subject condition or violation at the
cost of the property owner or other person responsible for the violation
or subject condition. This cost together with a reasonable administrative
fee shall be paid by the property owner or other person responsible
for the violation or for failing to take any action required by this
Part.
(3)
Should any property owner or other person responsible for the
subject condition or violation fail to pay the cost of any corrective
action together with the administrative fee authorized herein, such
costs may be assessed against the subject premises and the owners
thereof and collected as a municipal lien or collected otherwise as
permitted by law.
(4)
Institute a summary proceeding before the Magisterial district judge for imposition of a penalty as provided for under Subsection 3 hereafter.
(5)
Proceed with an action as permitted by law for any other appropriate
relief at law or in equity.
3.
Penalty. Any person who shall violate the terms of this Part, upon
conviction thereof, shall be sentenced to 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 or each section of this Part which shall be
found to have been violated shall constitute a separate offense.
