Borough of Bellefonte, PA
Centre County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Bellefonte as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
General penalty — See Ch. 1, Art. III.
Shade Tree Commission — See Ch. 133.
Streets and sidewalks — See Ch. 495.
Trees and subdivision or development of land — See § 500-34.
Zoning and landscaping — See Ch. 575, Art. XX.
[Adopted 12-24-1963 by Ord. No. 484 (Ch. 1026 of the 1979 Codified Ordinances)]
[Amended 6-7-1976 by Ord. No. 770]
As used in this article, the following terms shall have the meanings indicated:
SHADE TREE
Any tree located in and along the streets, highways, alleys and roads of the Borough or within the paved cartway of any street, highway, road or alley of the Borough.
[Amended 11-5-2012 by Ord. No. 11052012-001]
No person shall perform any work upon any shade tree (with the exception of minor pruning), including, but not limited to, the planting, removal, maintenance and/or protection thereof, without first having permission via a letter from the Borough, for which no fee shall be charged, and without conforming strictly to all of the following rules and regulations:
A. 
Such work shall be performed under the supervision of the Shade Tree Commission or its authorized agent and shall conform to any and all standards specified by the Commission in addition to those set forth in this article. The person desiring to perform such work shall notify the Commission in advance of the time and place where the work is to be done.
B. 
All work of planting and maintenance shall be done at the proper season of the year, as determined by the Commission.
C. 
Planting and maintenance of shade trees shall be done under the direct supervision of a competent tree surgeon. Qualifications of tree surgeons shall be subject to review by the Commission.
D. 
Any person engaging in maintenance work on shade trees shall paint, with a proper protective agent, all limbs cut which are more than two inches in diameter.
E. 
Any person engaging in maintenance work on shade trees shall remove all dead limbs from any tree on which such maintenance work is being done.
F. 
Any person working on the planting, maintenance or removal of any shade tree shall maintain proper danger signals and barricades to protect the public from bodily injury or property damage. Prior permission shall be obtained from the Chief of Police before undertaking any work that would be accompanied by obstruction of any street or alley in the Borough.
G. 
Any person doing work of any kind on any shade tree shall, at his own expense, remove all brush, limbs and other refuse or debris resulting from or caused by such work.
H. 
Any person doing work of any kind on any shade tree, which work results in or causes damage to any curb, sidewalk, street or alley in the Borough, shall, at his own expense, restore or replace such damaged curb, sidewalk, street or alley in as good a condition as it was in prior to the commencement of such tree work.
I. 
Any person engaging in work on any shade tree shall provide certificates of insurance, cancellable only on notice to the Borough, protecting the Borough against any and all claims for damages resulting from or caused by the performance of such tree work. Such insurance shall be in amounts of $50,000 for bodily injury to one person, $100,000 for bodily injury to all persons, and $10,000 for property damage for each incident or accident.
J. 
The Commission shall have authority to prescribe species of shade trees that may be planted on public property and rights-of-way within the Borough, and no person shall plant any shade tree in any such location without prior approval of the Commission.
[Amended 6-7-1976 by Ord. No. 770]
All costs of planting, transplanting or removing any shade tree or providing necessary and suitable guards, curbing and grading for the protection of any such shade tree and of replacing any curb, pavement, sidewalk or street damaged by the execution of such work shall be paid for by the owner of the real estate on, in front of or alongside of which such shade tree is located or the owner of the area where such work is done. However, in the case of a shade tree located within the actual paved, traveled cartway of any street, road, highway or alley of the Borough, the owner of the real estate in front of or alongside of which such shade tree is located or the owner of the area where such work is done shall be required to pay 1/2 of the cost of such work with the balance to be paid by the Borough, but in each and every such instance the Shade Tree Commission shall be the sole judge of the applicability of this exception.
[Amended 11-5-2012 by Ord. No. 11052012-001]
Whenever the Shade Tree Commission determines that any shade tree is diseased or is otherwise dangerous to the public, it may direct the owner of the real estate in front or alongside of which such tree is located to remove such tree at his sole expense. If, within 30 days of receipt of written notice from the Commission to do so, any property owner fails to remove any such tree, the Borough may cause such work to be done and may collect the cost thereof from such property owner as provided by law. Removal of any and all trees within the Borough must also include removal of the stump.
Whenever the Shade Tree Commission determines that it is in the public interest to plant shade trees on any street in the Borough, it shall so recommend to Council. If such recommendation is approved by Council, the Commission shall have authority to proceed in accordance with statutory procedures to require planting of such shade trees at the sole expense of abutting property owners.
Every public utility operating within the Borough shall have the right and privilege to trim any and all trees along their respective rights-of-way and/or pole lines erected upon any street, alley or public place in the Borough, subject to all conditions set forth in this article.
[Amended 4-20-1987 by Ord. No. 972]
Whenever any person cuts down or removes a shade tree, he or she shall replace the removed tree with a shade tree deemed suitable and approved in writing by the Shade Tree Commission not later than:
A. 
Thirty days after removal of the original tree, if the removal occurred between April 1 and October 31; or
B. 
May 1, if the removal occurred between the preceding November 1 and March 31.
[Added 11-5-2012 by Ord. No. 11052012-001]
Residents may be subject to a fine of $100 for not receiving prior approval from the Borough’s Shade Tree Commission to remove a tree and/or the resident may be required to enter the spring or fall tree planting campaign to replace any unauthorized removal of a tree at his expense. If a contractor is hired to remove a tree for a resident, he is also subject to a fine of $100 for not receiving prior approval from the Borough.