As used in this chapter, the following terms shall have the
meanings indicated:
NOTICE
A written notification to any person from the Code Enforcement
Officer to plant, prune, remove or otherwise take action with respect
to a shade tree.
PERMIT
Written permission to any person from the Code Enforcement
Officer to perform some act with respect to a shade free.
PERSON
Refers to any natural person, firm, unincorporated association,
partnership or corporation.
PUBLIC HIGHWAY
Includes the vehicular cartway and the right-of-way attendant.
STREET AND/OR SHADE TREE
Trees, shrubs, bushes, and all other woody vegetation on
land lying in the Borough right-of-way lines on either side of all
streets, avenues, alleys or ways within the Borough of Boyertown.
The Borough Council shall, by resolution, establish from time to time a list of the official street tree species for the Borough of Boyertown, Commonwealth of Pennsylvania. No species other than those included in such list may be planted as street trees without the written permission of the Code Enforcement Officer. A permit must be secured before planting, in accordance with §
181-13 of these regulations. The Code Enforcement Officer may refuse to issue a permit to plant any species of tree which in its opinion is not suited to the location.
The distance trees may be planted from curbs or curblines and sidewalks will be in accordance with the three species size classes listed in §
181-3 of this chapter, and no trees may be planted closer to any curb or sidewalk than the following:
B. Medium trees: three feet;
No street tree shall be planted closer than 35 feet to any street
corner, measured from the point of nearest intersecting curbs or curblines
except where a stop sign is placed; then no street tree shall be planted
closer than 35 feet to any stop sign. No street tree shall be planted
closer than 15 feet to any fireplug.
No street trees other than those species listed as small trees
per ordinance or resolution may be planted under or within 10 lateral
feet of any overhead utility wire, or over or within 10 lateral feet
of any underground water line, sewer line, transmission line, other
utility, or any parking meter, bilco door, or other obstruction.
It shall be unlawful as a normal practice for any person, firm
or Borough department to top any street tree. "Topping" is defined
as the severe cutting back of limbs to stubs larger than three inches
in diameter within the tree's crown to such a degree so as to
remove the normal canopy and disfigure the tree. Trees severely damaged
by storms or other causes, or certain trees under utility wires or
other obstructions where other pruning practices are impractical,
may be exempted from this section at the determination of the Code
Enforcement Officer.
The clearance of space between the street and the overhanging
branches of the tree shall be 13 feet six inches above the surface
of the street continuing completely around the circumference of the
tree. Branches shall not obstruct the proper spread of light from
any streetlight or obstruct the view of any sign, traffic control
device or street intersection. Dead, broken or decayed limbs must
be removed so as not to constitute a menace to the safety of the public.
(Newly planted trees will be exempt from height requirements in this
section until the tree reaches maturity). The cost and expense of
caring for such trees after having been planted (except for removal)
shall be borne by the property owner.
All stumps of street trees shall be removed below the surface
of the ground so that the top of the stump shall not project above
the surface of the ground.
It shall be unlawful for any person to prevent, delay or interfere
with the Borough, or any of its agents, while engaging in and about
the planting, cultivating, mulching, pruning, spraying or removing
of any trees as authorized in this chapter.
Any person who shall violate any of the foregoing regulations
may, upon conviction therefor before the appropriate authority, be
sentenced to pay a fine of $50 but not more than $300 for each and
every violation and for each tree concerned, and all costs of prosecution,
and in addition thereto, or in the alternative, where authorized by
the foregoing regulations, charges may be assessed against the owners
of property and liens placed against real estate of the offender and
collected in the same manner as municipal claims are collected.
In the event of a shade tree being damaged, the Borough may make a charge for treatment to the tree, plus, should the tree be destroyed, all costs for removal and replacement of the tree, against the person causing the damage to the said tree(s). The payment of damages as set forth herein is in addition to the penalties set forth in §
181-15.
These regulations shall be enforced by the following parties:
A. The Code Enforcement Officer;
B. The Police Department; and