For the purposes of this chapter, the following
terms are defined as follows:
COMMISSION
The Shade Tree Commission of the Borough of Carlisle.
IN
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]
OWNER
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.
PERSON
An individual, partnership, corporation, unincorporated association
or other similar entity.
STREET
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.
STUMP REMOVAL
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]
TREE
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.
The following regulations submitted by the Commission
are approved:
A. Administrative policy: see
Appendix A, incorporated herein by reference.
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. 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. 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.