Borough of Carlisle, PA Chapter 239 Trees

[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.]

GENERAL REFERENCES

Parks and Recreation Board — See Ch. 47.

Parks and recreation areas — See Ch. 168.

Streets and sidewalks — See Ch. 223.

§ 239-1 Definitions.

For the purposes of this chapter, the following terms are defined as follows:

BOROUGH

The Borough of Carlisle.

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]

§ 239-2 Shade Tree Commission established.

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.

§ 239-3 Jurisdiction of Commission.

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.

(2) Such power and authority as is reserved to it in the Pennsylvania Borough Code to accept, purchase and plant or contribute to the purchasing and planting of shade trees along the streets and sidewalks of the Borough.[2]

[2] Editor's Note: See 53 P.S. § 46202(63).

(3) Such power and authority as is reserved to it in the Pennsylvania Borough Code and this chapter to assess liens.[3]

[3] Editor's Note: See 53 P.S. § 47728.

(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.

§ 239-4 Assessment, penalties and liens.

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.

§ 239-5 Powers of the Commission.

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.

§ 239-6 Regulations.

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.

§ 239-7 Permits required.

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.

§ 239-8 Hearings. [1]

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.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[2] Editor's Note: See 2 Pa.C.S.A. § 551 et seq.

[3] Editor's Note: See 65 Pa.C.S.A. § 701 et seq.

§ 239-9 Annual report.

The Shade Tree Commission shall annually report in full to Borough Council its transactions and expenses for the last calendar year.