Shade Tree Commission Resolution No. 1
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Section 1.
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Definitions. The following words, when used
in these regulations, shall have the meanings herein ascribed to them:
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PERMIT -- A written permit or authorization
issued by the representative of the Media Borough Council.
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PERSON -- Any natural person, firm, association,
partnership or corporation.
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PUBLIC AREA -- That area, including cartway
and sidewalk, within public right-of-way lines for streets, highways,
alleys and public ways within the Borough of Media and also all property
owned by the Borough of Media.
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SHADE TREE -- Any tree, shrub or other woody
plant in or upon any public area in the Borough of Media or that part
of any tree, shrub or other woody plant which extends within the lines
of any public area in the Borough of Media.
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Section 2.
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The Commission shall have exclusive custody and control of the shade trees within the public areas in the Borough of Media and, subject to the restrictions of § 81-3 of Article I of this chapter, adopted March 18, 1965, is authorized to plant, maintain and protect said shade trees within the public areas in the Borough of Media and carry out the intent and purpose of this resolution and enforce the provisions hereof.
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Section 3.
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(a)
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Planting, removing, pruning and trimming shade
trees. It shall be unlawful for any person to plant, remove, mutilate
or cut down any shade tree or do or cause to have done a major or
total pruning of any shade tree within a public area without first
obtaining a permit as herein provided and doing the same in conformance
with said permit, except that it shall not be unlawful to do the following
without a permit or approval of the Commission:
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(1)
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Trim shade trees to conform to the clearance
requirements of Section 5 hereof, trim or prune shrubs and bushes
within the public area and remove or cut off low-hanging or broken
branches of trees which create or may create a public nuisance or
danger.
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(2)
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Carry out normal repair, upkeep, minor pruning
and trimming.
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(3)
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To prune, trim or cut for the maintenance of
public utility facilities.
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(4)
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To plant, remove, cut back, trim or prune shrubs
and bushes in public areas along streets where sidewalks have not
been laid, installed or constructed, where said shrubs and bushes
are not planted within 25 feet of an intersection, which 25 feet shall
be measured from the curblines.
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(5)
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Pruning methods will adhere to National Arborists
Association pruning standards, which will be enforced by the warden.
Copies of said regulations are available in the borough office.
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(b)
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Authority to grant or deny a permit and impose
conditions in a permit. The Commission shall review such application
for a permit and shall grant or deny said application, and 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
by National Arborists Association regulations.
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(c)
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The Commission, in carrying out its duties hereunder
and in issuing permits, shall adhere to the standards adopted by the
National Arborists Association or any other similar, recognized organization
or body which promulgates standards and which carries out the intent
of the regulations herein.
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(d)
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It shall not be necessary for the Borough of
Media to obtain a permit to do any work on public areas owned in fee
simple or rented by the borough, but no such work shall be done without
consultation with the Commission, except as is provided by the exceptions
of Section 3(a) above.
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(e)
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The Commission shall conduct, within two years
of the enactment of this chapter, a census of shade trees in the Borough
of Media, which shall mean the compilation of the locations, types,
species and evaluation of all said trees, and including the trees,
bushes and shrubs not in public areas. The Commission shall update
this census on a regular basis.
[Amended 11-19-1992 by Ord. No. 846] | ||
Section 4.
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(a)
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An application for a permit shall be made in
writing to the Borough Secretary on a form provided by the borough.
It shall specify:
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(1)
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The particular kind of work or operation the
applicant desires to perform.
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(2)
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The exact location and the species of any shade
tree affected.
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(3)
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The person who will do the work.
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(4)
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The date of the work permit, including the date
submitted and the date approved.
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(b)
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It shall be the duty of the Borough Secretary
to submit every such application promptly to the Commission for approval
or disapproval. The permit shall be valid for a term of 90 days, but
may be revoked at any time upon proof satisfactory to the Commission
that any of the terms or conditions upon which the permit was issued
are or have been violated.
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(c)
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The Commission, in its discretion, may, as a
condition precedent to the issuance of the permit, require the applicant
to file a bond satisfactory to the Commission or to deposit security
satisfactory to it to guarantee the compliance by the applicant with
the terms and conditions upon which such permit is issued, and which
bond shall not be more than double the estimated costs of such work.
The applicant for any permit shall, at the time of his application,
pay to the Borough Treasurer for the use of the borough a fee of $5.
For major work, the Commission shall require a certification of insurance
against personal injury or property damage, including workmen's compensation,
general liability of at least $100,000 and any other pertinent insurance
coverage.
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Section 5.
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No tree shall hereafter be planted in or upon
the public streets, highways or avenues within five feet of any driveway,
nor shall any tree on private property adjacent to the sidewalk be
planted within three feet thereof. To maintain an adequate sight triangle
for public safety, no tree shall be planted nearer to the intersection
of any two or more streets than 25 feet from the point of intersection
of any two public right-of-way lines, and a distance of 30 feet shall
be maintained on streets which are state highways.
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Section 6.
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It will be the responsibility of the Shade Tree
Commission to remove any dead tree after it has been determined by
the Commission that the removal is necessary for the safety of the
community.
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Section 7.
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No person shall, without first obtaining a permit
therefor, cut, break, climb with spurs, injure in any manner or remove
any shade tree or cut down or interfere in any way with the main roots
of any shade tree or spray any shade tree with any chemical or insecticide
or place any rope guy wire, cable, sign, poster or any other fixture
on any shade tree or guard for any shade tree or injure, misuse or
remove any device placed to protect any shade tree, except in case
of immediate necessity for the protection of life and property.
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Section 8.
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Every owner or occupier of property shall maintain
an area of open space, not less than four square feet, around the
base of every tree, which space shall be so maintained as to permit
the free passage of air and water to the roots of such tree. This
requirement for open space does not apply to sidewalks adjacent to
shade trees.
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Section 9.
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No person shall pour saltwater, oil or any other
material or perform any act at any place in such manner that injury
might result to any shade tree.
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Section 10.
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These regulations shall be enforced by the Commission
in conjunction with the Borough Manager, any Borough Code Enforcement
Officer, the Mayor and/or the borough police. All work to be done
under any permit shall be completed within a period of 60 days from
the date of issuance of the permit, unless such completion date is
extended by the Commission.
[Amended 9-17-2009 by Ord. No. 1064] | ||
Section 11.
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Any person who shall violate or fail to comply
with any of the regulations of the Shade Tree Commission of the Borough
of Media or its designated representative shall be liable, on conviction
thereof, to a fine or penalty not exceeding $600, plus costs of prosecution
and, in default of payment of such fine and costs, to imprisonment
for a period not exceeding 90 days, for each and every offense. Whenever
such person shall have been notified by the Shade Tree Commission
or by service of a summons in prosecution or in any other way that
he is committing such violation, each day in which he shall continue
such violation after any such notification shall constitute a separate
offense punishable by like fine or penalty. Such fines or penalties
shall be collected as prescribed by law.
[Amended 11-19-1992 by Ord. No. 846] |