Borough of Derry, PA: Poplar and Willow Trees

[Adopted 2-11-1975 by Ord. No. 482 (Ch. XXV, Sections 1 through 5, of the 1975 Code of Ordinances)]

In this article, the following words shall have the meanings hereby ascribed thereto:

Any natural person, partnership, association, firm or corporation.

The cartway of any public street or alley of the Borough of Derry.

In this article, the singular shall include the plural, the plural shall include the singular, and the masculine shall include the feminine and neuter.

§ 382-2 Poplar trees and willow trees prohibited along streets and within 25 feet of sewer or water lines.

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.

§ 382-3 Notice to remove and destroy poplar or willow trees.

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.

§ 382-4 Authority of Borough to remove trees and collect cost.

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.

§ 382-5 Violations and penalties. [1]

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.

[1]

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

Article II Shade Trees

[Adopted 2-11-1975 by Ord. No. 483 (Ch. XXV, Sections 6 through 7, of the 1975 Code of Ordinances)]

§ 382-6 Planting of shade trees regulated.

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.

§ 382-7 Violations and penalties.

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.