[HISTORY: Adopted by the Borough Council
of the Borough of Carlisle 3-12-1998 by Ord. No. 1864, approved 3-14-1998. Amendments
noted where applicable.]
For the purposes of this chapter, the following
terms are defined as follows:
The Borough of Carlisle.
The Shade Tree Commission of the Borough of Carlisle.
In, on, upon, under or overhanging the right-of-way area
of any street, avenue or highway; includes any portion of a tree within
the right-of-way area.
[Added 10-13-2011 by Ord. No. 2155, approved 10-13-2011]
The legal and beneficial owner of land. Where the legal and
beneficial ownership of land is severed, the term shall include all
persons holding legal and beneficial interests.
An individual, partnership, corporation, unincorporated association
or other similar entity.
The public streets, highways, roads, avenues, alleys and
similar areas, including public walkways appurtenant thereto, to the
extent of the public right-of-way in such areas. A shade tree shall
be deemed to be "in" such an area when a portion of its trunk at its
base is therein.
Removal of the tree trunk to ground level, provided that,
where a replacement tree is to be planted in the same proximity, removal
to a depth of at least 18 inches below ground level. Removal shall
include the entire crown and main stem.
[Added 10-13-2011 by Ord. No. 2155, approved 10-13-2011]
A woody perennial plant with one main stem or trunk which
develops many branches, usually at some height above the ground. The
term includes roots, trunk, limbs, branches, leaves, and fruits or
seed pods.
[Added 10-13-2011 by Ord. No. 2155, approved 10-13-2011]
The Borough of Carlisle hereby establishes a
Shade Tree Commission, the function of which shall be assumed by the
Parks and Recreation Board and which shall be composed of the same
membership. Members of the Commission shall be residents of the Borough,
who shall be appointed by Council, and shall serve without compensation
for the terms of office and with all the rights, powers, duties and
obligations provided for in the Borough Code of 1966, P.L. (1965)
1656, Article XXVII(b), as amended.[1]
[1]
Editor's Note: See 53 P.S. § 47721.
A.
Excepting such powers as are reserved to Borough Council
under applicable law, or as herein reserved, the Commission shall
have exclusive custody and control of the shade trees in the Borough
and is authorized to plant, transplant, remove, maintain and protect
shade trees in the streets and highways in the Borough. To the extent
funds for such purposes are budgeted by Borough Council, it may employ
and pay such superintendents, engineers, foresters, tree wardens or
other assistants, as the proper performance of the duties devolving
upon it shall require. Nothing herein shall be construed to require
Borough Council to budget funds for the foregoing purposes. The Commission
may make and enforce regulations for the care and protection of the
shade trees of the Borough, provided that no such regulation shall
be enforced until approved and ordained by Borough Council.
B.
Borough Council hereby reserves the following powers
unto itself, its officers, employees, agents and contractors:
(1)
Such power and authority as is reserved to it in the
Pennsylvania Motor Vehicle Code to require owners of real property
to remove any tree, plant, shrub or other similar obstruction, or
part thereof, which by obstructing the view of any driver constitutes
a traffic hazard.[1]
[1]
Editor's Note: See 75 Pa.C.S.A. § 6112.
(4)
Such power and authority as is reserved to it in the
Pennsylvania Borough Code to accept the petition of a majority of
the property owners upon any public street and, after receiving the
counsel of the Commission, thereupon ordain the planting and replanting
of suitable shade trees along and upon the sides of such streets by
the owners of property abutting the points designated in such ordinance.[4]
[4]
Editor's Note: See 53 P.S. § 47741.
(5)
All powers and authority reserved to it under any
other applicable law.
A.
The costs of planting, transplanting or removing any
shade tree in the public streets or highways in the Borough, of removing
a portion of a shade tree overhanging a public street or highway,
of the necessary and suitable guards, curbing or grading for the protection
of shade trees in the public streets and highways in the Borough and
of the replacing of any pavement or sidewalk necessarily disturbed
in the execution of such work shall be paid by the owner of the real
estate abutting which the work is done or containing the tree. Any
penalties imposed by the Commission under the provisions of this chapter
shall be assessed against the real estate abutting which the work
was done, or containing the tree, or upon which the violation was
committed.
B.
The collection of assessments, the filing of liens,
the levying of taxes and the collection of penalties, whether by the
Commission or on or behalf of the Borough, are hereby expressly authorized
as provided for in said Article XXVII(b) of the Borough of Code of
1966, P.L. (1965) 1656, as amended.
A.
As set forth hereafter, the Commission is authorized
to plant, transplant, remove and protect shade trees in the public
streets and highways in the Borough of Carlisle.
(1)
Where the Commission determines that any of the following
conditions exists, notification by letter of that fact shall be sent
by the Commission to the owner of the real estate abutting or containing
such tree or condition:
(a)
A shade tree in or overhanging a public street
or highway in the Borough is dead or so dangerous as to require removal
in whole or overhanging part.
(b)
A shade tree, shrub or plant in a public street
or highway is afflicted with any insect or disease which threatens
to injure or destroy plants, shrubs and shade trees in the Borough.
(c)
A plant, shrub or tree located on private property
which is afflicted with any insect or disease which threatens to injure
or destroy plants, shrubs and shade trees in the Borough.
(d)
A shade tree should be planted or replanted
along any street.
(2)
The notification shall advise the owner to mail an election to the board, within 30 days of the mailing of the notification, to have the work performed himself, or to request a hearing under § 239-8 of this chapter. In the case of the required removal of a tree, plant or shrub, in whole or in part, the work shall be performed within three months of the notification. In the case of the required planting or replanting of a shade tree, the work shall be performed within six months of the notification. In the absence of a timely election or timely completion of the work by the owner, and in the absence of a request by the owner for a hearing, the Commission shall proceed to have performed the work it finds necessary; provided, however, that prior thereto the work has been considered at a meeting of the Commission, notice of which meeting, detailing the street or highway or portion thereof to be affected shall have been published in a newspaper of general circulation in the Borough once a week for two weeks immediately preceding the time of the meeting. The notices may be published prior to the expiration of the time period provided in this subsection for the election or the performance of the work by the owner. The amount the owner is to pay for such work shall be ascertained and certified by the Commission to the Borough Council and to the Borough Treasurer. In the event the owner does not honor a promise to remove a tree within three months or, in the case of planting or replanting, plant a tree within six months, the Commission shall proceed to have the work performed as provided heretofore. In the event the owner shall request a hearing to contest any proposed action under this subsection, notice of such hearing shall be published as set forth above, and thereupon the Commission shall consider the matter under the hearing procedure set forth in § 239-8 of this chapter. In the event the Commission determines, upon the conclusion of a requested hearing, that a tree must be removed in whole or part, or that a tree must be planted or replanted, the Commission shall proceed to have the work performed and the cost certified as provided heretofore.
(3)
Upon the filing of the certificate with the Council, the Borough Secretary shall cause 30 days' written notice to be given to every person against whose property an assessment has been made. The notice shall state the amount of assessment and the time, place, and manner of payment 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 Council, and if not paid within the time designated in the notice, a claim may be filed and collected by the Borough Solicitor in the manner provided by law. In the case of a shade tree in or overhanging a public street or highway which poses a serious threat of imminent harm to public health or safety in the nature of an emergency, necessitating the tree's removal in whole or overhanging part, the Commission, or the Borough, as the case may be, may effect its immediate complete or partial removal with only such notification to the owner of the abutting or containing property as required by the Pennsylvania Motor Vehicle Code, or other applicable law, to have the work done himself or herself as the exigencies of the situation, in the Commission's reasonable judgment, permit. In such event, costs shall be borne by the owner and the amount owed for such work shall be ascertained and certified as set forth in Subsection A; and the filing, notice and collection procedures of said subsection shall be applicable and followed.
B.
When street reconstruction occurs and curbs and/or
sidewalks will be replaced, the Commission will work closely with
the property owners to encourage the additional planting of trees.
C.
The Commission is hereby authorized to make such rules
and regulations and to impose such penalties for the violation of
same as it may deem necessary and proper, provided that such rules
and regulations are approved by the Borough Council and are not in
conflict with any other ordinances of the Borough of Carlisle or statutes
of the Commonwealth of Pennsylvania. Any penalties assessed for the
violation of these rules and regulations shall be fixed by the Commission,
but in no event shall exceed the sum of $300 per violation, which
penalties may be assessed against the property owner as set forth
in this chapter.
D.
The Chairperson of the Commission is hereby authorized
to appoint a Shade Tree Committee, its membership not being limited
to members of the Commission. The duties of the Shade Tree Committee
shall include the inspection of trees, the furnishing of advice to
the Commission on shade tree matters, the monitoring of action taken
on permits, and such other administrative duties as shall be delegated
to it from time to time.
E.
The Commission shall provide its counsel to Borough
Council on the merits of any petition presented by a majority of the
property owners upon any public street for the planting and replanting
of shade trees along and upon the sides of such streets.
The following regulations submitted by the Commission
are approved:
A.
Administrative policy: see Appendix A, incorporated herein by reference.[1]
[1]
Editor's Note: Appendixes A through G are
included at the end of this chapter.
B.
Planting regulations: see Appendix B, incorporated herein by reference.
C.
Approved shade tree list: see Appendix C, incorporated herein by reference.
D.
Pruning regulations: see Appendix D, incorporated herein by reference,
E.
Trimming and removal permits: see Appendix E, incorporated herein by reference.
F.
Miscellaneous regulations: see Appendix F, incorporated herein by reference.
G.
Schedule of fines: see Appendix G, incorporated herein by reference.
No person shall plant, trim, prune or remove, or cause to be planted, trimmed, pruned or removed, any shade tree in or overhanging the public streets or highways in the Borough until a permit therefor is granted by or under the authority of the Commission. The application for such permit, which shall be provided by the Borough and which shall be signed by the owner of the abutting premises containing such tree or wherein such tree is proposed to be planted, shall include the details of such planting, trimming or removal, whether by sketch or otherwise, and the same shall be brought to the attention of the Commission, or under proper circumstance to its administrative designee, for approval. Such work shall not be commenced until a permit shall have been secured. A reasonable fee for obtaining such permit may be set by the Commission, subject to the approval of the Borough of Carlisle by its incorporation of the fee in Chapter 120, Fees. The Commission or, under proper circumstance, its administrative designee, may refuse a permit for the planting of any species of tree which in its opinion is not suited to the location. The Commission shall provide specifications on the proper planting, trimming, pruning and removal of trees, and the kinds of trees permitted for planting.
Any person aggrieved by a notice, determination,
refusal, act or failure to act issued, taken or omitted under this
chapter shall have the right to a hearing to be held by the Commission,
which hearing shall be held pursuant to the administrative law for
local agencies.[2] In the event of a notification for the proposed planting, replanting or removal, in whole or in part, of any shade tree, notice shall be provided as required in § 239-5A(2) of this chapter. In all other cases, notice of the time and place of the meeting at which said hearing shall occur shall be given according to law.[3] In all cases, the aggrieved party shall be given personal
notice by regular mail of the date, time and place of the meeting,
which notice shall generally specify the rights granted to the party
under law. Any person aggrieved by a decision of the Commission shall
have the right to appeal said decision to the Court of Common Pleas
of Cumberland County within 30 days of the date of said decision.
Should no appeal be filed, the cost of the work and any penalty imposed
by the Commission shall be certified by the Commission to Borough
Council to be thereafter filed as a municipal lien as set forth in
this chapter and as provided by law.
The Shade Tree Commission shall annually report
in full to Borough Council its transactions and expenses for the last
calendar year.