[HISTORY: Adopted by the Borough Council of the Borough of
Parkside 4-27-2005 by Ord. No.
453. Amendments noted where applicable.]
For the purpose of planting, removing, maintaining and protecting
shade trees in the Borough of Parkside, a Shade Tree Commission is
hereby established consisting of five members who shall be residents
of the Borough, shall be appointed by the Borough Council, and shall
serve without compensation. The Borough Council shall appoint members
to staggered terms so that one term expires every year. On the expiration
of the term of any Commissioner, a successor shall be appointed by
Council to serve for a term of five years. Vacancies in the office
of Commissioner shall be filled by the Council for the unexpected
term.
The following words and phrases when used herein shall have
the meaning hereby ascribed to them, except in those instances where
the context already indicates a different meaning:
The Shade Tree Commission of the Borough of Parkside.
Any permit, in writing, as issued by the Secretary of the
Shade Tree Commission.
Any natural person, firm, association, partnership or corporation.
Any street, sidewalk or alley open to the public.
The Secretary of the Shade Tree Commission of the Borough
of Parkside.
Any tree, shrub, or any other woody plant on any public highway
in the Borough of Parkside, or that part of any tree, shrub or other
woody plant which extends within the lines of any public highway.
The part of a street not covered by sidewalk or other paving
lying between the property line and that portion of the street or
highway usually used for vehicular traffic.
The Shade Tree Commission shall have the exclusive custody and
control of the shade trees within the street right-of-way and along
the streets and highways of the Borough, and may plant, remove, maintain
and protect shade trees along the streets and highways of the Borough.
The Commission may require the planting or replanting of shade trees,
and alignment and locations of the trees shall be determined by the
Commission but shall not prevent necessary and reasonable use of the
streets, sidewalks, abutting property or the conduct of business.
Any person wishing to plant, remove, maintain and/or protect
shade trees along the streets or highways of the Borough shall file
an application made in writing to the Commission. It shall specify
the particular kind of work or operation the applicant desires to
perform thereunder and shall state the exact location and the species
of trees to be affected. It shall be the duty of the Secretary to
submit every such application promptly to the Commission for approval
or disapproval. Any application not acted upon within 30 days from
the date thereof shall be deemed to have been granted and allowed.
The permit shall be effective for such length of time as the Commission
shall in each case determine, and such time shall be indicated on
the permit. Any such permit may be revoked at any time upon proof
satisfactory to the Commission that any of the terms or conditions
of the permit have been violated.
A.
No person shall plant, cut down, or remove any shade trees under
the jurisdiction of the Shade Tree Commission; or fasten any sign,
wire, rope, or other materials to, around, or through any such shade
tree; or deposit, place, store or maintain any stone, brick, sand,
concrete, or other material which may impede the free passages of
water, air, or fertilizer to the roots of any such shade tree, unless
he shall first obtain a permit from the Shade Tree Commission to do
so. Exception: Newly planted trees may be guyed to provide stability
during the first growing season.
B.
No person shall move any building or other object on or over any
public street or highway within the Borough in such a manner as to
damage or injure any shade tree or shrub in such street or highway
unless he first obtains a permit from the Shade Tree Commission to
do so.
C.
As a condition to any permit to move any building or object on or
over any public street or highway, the Shade Tree Commission may require
the applicant to furnish bond in the amount sufficient to cover any
damage or injury to any shade tree or shrub in such street and it
may direct the route of any such moving so as to minimize damage or
injury to shade trees and shrubs.
As a condition to any permit to remove any shade tree, the Shade
Tree Commission may require that the applicant plant, at his expense,
another tree in the place of the one removed. The Shade Tree Commission
in such case shall direct the type, size and location of the tree
to be planted and the time within which the work shall be done.
In the event of a shade tree being damaged, the Shade Tree Commission
may make a charge for repairs to the tree, plus the devaluation of
the tree, against the person causing the damage to said tree. In the
event of a shade tree being destroyed by any person, the Shade Tree
Commission may make a charge for the appraised value of the tree,
plus the cost of removal and replacement thereof, against the person
causing the destruction of said tree.
In the event any shade tree or trees are felled by a storm or
other casualty, the said trees, branches or stumps thereof, shall
be removed from the cartway by the Borough without charge. Replacement
of such trees will be made at the discretion of the Shade Tree Commission
and at the expense of the property owner or Borough, as determined
by the Commission.
No person shall break, injure, mutilate, kill or destroy any
shade tree or set fire or permit any fire to burn where such a fire
or the heat thereof will injure any shade tree, and no person shall
knowingly permit any leak to exist in any gas or steam pipe or main
within the root zone of any such shade tree, or permit any toxic chemical,
either solid or liquid, to seep, drain or empty so as to come in contact
with any shade trees, unless protected by a method to be approved
by the Shade Tree Commission. No person shall attach any electric
installation to any shade tree or excavate any ditches, tunnels or
trenches or lay any driveway within a ten-foot radius of any shade
tree without first obtaining a written permit from the Shade Tree
Commission.
Whenever the Shade Tree Commission determines it to be necessary
to prune, remove or do other maintenance work to any shade tree which
may temporarily interrupt electric or other utility services, the
owner of such utilities shall be given written notice of such work
and will be allowed 24 hours in which to comply with said notice.
The owner of the property shall trim branches from any shade
trees overhanging the streets and highways of the Borough so that
they will not obstruct the light from any streetlight, and so that
there shall be a clear height of 14 feet above the surface of the
street and eight feet over the sidewalk. If any property owner shall
neglect or refuse to trim any shade trees as required by this section,
upon notice, in writing, by the Commission, within the time limits
specified in such notice, the Commission may cause such trimming to
be done at the expense of the owner.
Owners of such utilities may submit to the Commission for approval
a proposed schedule of work to be done in the Borough, insofar as
it affects shade trees, for a period of several weeks, months or three
years, as the case may be.
The Commission shall plant or permit to be planted trees of
not less than one-and-one-half-inch caliper, six inches above the
ground, symmetrical in shape, with a clean trunk, and straight without
branches for a distance of six feet from the ground. The planting
of any species other than those of the approved list on file in the
Borough Office is prohibited.
The spacing between newly planted shade trees shall not be less
than 30 feet. No shade tree shall be planted less than 20 feet from
a curb intersection or less than 10 feet from a fire hydrant, sewer
inlet, light standard or utility pole.
When any tree along the streets or highways of the Borough,
or growing on private property but overhanging any street or highway,
in the opinion of the Commission endangers the life, health, safety,
or property of the public, or is affected by any contagious disease
or insect infestation, it shall be within the discretion of the Commission
to determine what remedy is necessary and whether or not such tree
must be removed. The owner of the property shall be notified, in writing,
of the existence of the danger, disease, or insect infestation and
shall be given reasonable time for removal of the same, except when
trees are infected with Dutch elm disease. In such case, no notice
is necessary, and the Borough shall immediately take steps to remove
such trees. If a dangerous, diseased, or infected tree is not removed
or corrected within the allotted time by the property owner, the Commission
shall cause the matter to be corrected or the tree removed, and the
costs thereof shall be assessed to the owner of the property.
No shade tree may be planted in any treelawn less than four
feet in width. Where trees are to be planted in existing pavement,
a space of four feet shall be provided for each tree. At the discretion
of the Commission, exceptions may be granted in certain specific instances.
No shade tree shall be planted on any street or highway of the
Borough where curbs have not been constructed.
There shall be close cooperation between the Commission and
other Borough departments when their work affects shade trees on or
along the streets and highways of the Borough. The Commission shall
approve all building permits that may affect shade trees of the Borough.
All sewer, lighting and paving plans shall be cleared with the Commission.
Whenever any of the regulations herein conflicts with Chapter 182, Zoning, of the Parkside General Code adopted by the Borough, the zoning regulations shall apply.
Any person who shall violate any provisions of this chapter
shall, upon conviction thereof, be sentenced to pay a fine of not
more than $300 plus the costs of prosecution. Every day that a violation
of this chapter continues shall constitute a separate offense.
