[HISTORY: Adopted by the Borough Council
of the Borough of Derry as indicated in article histories. Amendments
noted where applicable.]
[Adopted 2-11-1975 by Ord. No. 482 (Ch.
XXV, Sections 1 through 5, of the 1975 Code of Ordinances)]
The planting or maintenance of poplar trees
or willow trees along the streets, or within 25 feet of any sewer
or water line of the Borough of Derry, is hereby prohibited. The purpose
of this prohibition is to prevent the roots of such trees from growing
into the sewer, drain or water systems of the Borough.
Any person owning property which abuts any street or is within 25 feet of a sewer or water line, and who plants or maintains poplar trees or willow trees in violation of § 382-2 of this article, shall, after notification by the Borough, remove and destroy such trees within the time specified in such notice.
When any person shall fail, neglect or refuse
to remove any poplar or willow tree within the time limit specified
in the notice from the Borough, the Borough shall have the authority
to cause such trees to be removed and destroyed and collect the cost
of such removal from the defaulting property owner.
Any person who shall violate any provision of
this article shall, upon conviction thereof, be sentenced to pay a
fine of not more than $1,000 and costs of prosecution, and in default
of payment of such fine and costs, to imprisonment for not more than
30 days.
[Adopted 2-11-1975 by Ord. No. 483 (Ch.
XXV, Sections 6 through 7, of the 1975 Code of Ordinances)]
All shade trees planted along the streets and
sidewalks of the Borough of Derry shall be at least 10 inches from
the outside curb. No shade tree shall be planted along streets where
the width of such street is under 40 feet.
If any property owner shall neglect or refuse to remove any shade tree planted in violation of § 382-6 of this article, upon notice in writing from the Borough and within the time limit specified in such notice, the Borough may cause such tree to be removed at the expense of such owner, and the entire cost thereof shall be a lien against such premises, collectible in the manner provided by law.
