[Adopted as Ch. 130, Art. VII, of the 1975
Code]
No person shall plant or maintain or permit
to remain upon property owned by him/her any tree any part of which
shall interfere with any of the electric lines of the borough or any
of the branches of which shall have a clearance above the sidewalk
of less than 7 1/2 feet or a clearance above any street or public
alley of less than 14 feet.
Any person upon whose property any tree shall at any time be growing with any branch interfering with any electric line of the borough or with a clearance above any street or public alley of less than 14 feet or above any sidewalk of less than 7 1/2 feet shall, upon 10 days' notice from the Borough Manager, remove or cause such tree to be removed or trim or cause the same to be trimmed so that such tree shall no longer be growing in conflict with the requirements of §
205-2 of this Article. If any person shall fail to remove or trim such tree within such time limit, the borough shall have authority to cause the same to be done and to collect the cost of the work, with an additional amount of 10%, from the owner of the property upon which such tree is located.
[Amended 8-26-1991 by Ord. No. 413]
Any person who shall violate any of the provisions of this Article shall, upon conviction thereof before any District Justice, be subject to a fine of not less than $10 nor more than $600 and costs of prosecution and, in default of payment of such fine and costs, to imprisonment in the county jail for not more than 30 days. Such penalty and costs may be in addition to any charges made by authority of §
205-3 of this Article.
[Adopted 9-13-1993 by Ord. No. 436]
A Commission, to be known as the "Shade Tree
Commission of the Borough of Lehighton," is hereby created under authority
of the Borough Code, Act of February 1, 1966, P.L. No. 581, as amended.
The regulations for the Shade Tree Commission
of the Borough of Lehighton are as follows:
A. Permits must be obtained to do anything to a shade
tree, and the Commission is hereby authorized set a fee for the processing
of such a permit. No shade tree shall be removed, planted, pruned,
broken, sprayed, injured, destroyed, have the growth altered in any
manner or be interfered with in any way, in or on any public highway,
park or other borough property in the Borough of Lehighton, unless
a permit has been obtained and is on file at the borough office indicating
approval or permission of the Commission, in writing, for the action
to be taken. If a contractor is to do the work sought to be authorized
by the permit, the name, address and telephone number of the contractor
must be identified on the permit.
B. Routine maintenance. Once permission is secured, in
writing, through such a permit, the property owner shall have a time
limit of one year from the date of the permit, or such other time
frame as may be specified by the Commission, to accomplish the work.
C.
(1) The Commission may require owners of property to cut,
prune or remove shade trees in the interest of public safety or to
conform to the regulations of this Article.
(a)
Condemnation. Upon written notification from
the Commission, the property owner will have 60 days to take the required
measures.
(c)
Failure to comply. If the property owner fails
to comply with such notice or requirements, the borough may cause
the work to be done and levy and collect the cost thereof from the
owner of the property.
(2) Shade trees that are removed, including the removal of the stump [See §§
205-6 and
205-12D(3)], and which are required to be replaced shall be replaced as soon as practical (fall planting is preferred) but within one year of the removal of the original shade tree.
D. Cost.
(1) The cost of pruning or removing any shade trees and
stumps along public highways in the borough and planting a replacement
tree shall be the responsibility of the property owner.
(2) In addition, the cost of the necessary suitable guards,
curbing or grading for the protection thereof and the replacement
of any pavement, driveway or sidewalk necessarily disturbed in the
execution of such work shall also be paid by the owner of the real
estate abutting where the work is done.
(3) If the borough has to arrange for a condemned tree to be taken down [See §
205-9C(1)], the cost of such work shall be a lien upon the premises from the time of the commencement of the work, the date of which shall be determined by the borough. Any such lien may be collected by an action in assumpsit or by lien filed in the manner provided by law for the filing and collection of municipal claims.
E. Location and species of new trees.
(1) Replacement trees. The species and location of replacement trees are subject to the guidelines contained in §
205-12A.
(2) Planting trees.
(a)
Property owners of sites approved for the planting
of new trees according to the most current shade tree inventory will
be systematically requested to voluntarily plant trees in the identified
site within a specified time.
(b)
If such a request has been made and a property
not brought into compliance voluntarily by planting a tree at the
specified site within the time specified, then the tree may be planted
by the borough and a lien placed against the property to cover the
costs incurred by the borough.
F. Regulation of shade trees on private property.
(1) If any shade tree on a public highway, street, park
or other public property is being injuriously affected or is likely
to be so affected or if the public safety is being endangered by a
tree on private property, as determined by the Commission or Council,
the property owner will be required to prune, spray, cut or remove
such tree(s), shrubs, hedges or plants at the property owner's expense.
(2) If the owner of the property does not take the required
actions as ordered within the time specified from the date of such
order, the Commission or Council may then have the work done at the
property owner's expense.
In the case of imminent danger to life or property,
a shade tree on any public highway, street, park or other public property
may be cut, pruned or removed without permission of the Commission
or Council, provided that such action must be reported to the Borough
Manager's office and a retroactive permit placed on file within 48
hours after its occurrence. Otherwise, it shall be deemed a violation
of this Article.