[HISTORY: Adopted by the Borough Council of the Borough of
Walnutport 8-12-2010 by Ord. No. 2010-08. Amendments noted where applicable.]
A.
Title. This is a chapter establishing rules, regulations, and standards
governing the planting, replanting, removal, care of shade trees located
along the various public ways of the Borough of Walnutport; the procedures
to be followed relative to the administration of, and compliance with,
these rules, regulations, and standards; and setting forth the penalties
for the violation thereof.
B.
Short title. This chapter shall be known and may be cited as "The
Borough of Walnutport Shade Tree Ordinance of 2010."
A.
Authority. The Borough Council is empowered to adopt, by ordinance,
rules, regulations, and standards regarding the custody and control
of shade trees in the Borough pursuant to Article XXVII of the Borough
Code, Act of February 1, 1966 (1965, P.L. 1656, No. 581), as amended.[1] The Borough Code Officer is empowered to enforce this
chapter and to prosecute any violators of this chapter.
[1]
Editor's Note: See 53 P.S. § 47709 et seq.
B.
Jurisdiction. The Borough Council shall have the exclusive custody
and control of the shade trees along and within the rights-of-way
of the highways, streets, alleys, sidewalks, and other public ways
of the Borough of Walnutport, and may plant, remove, trim, maintain,
and protect said shade trees, and may require the planting, removal,
trimming, and/or maintenance of said shade trees. This jurisdiction
shall also apply with respect to the trimming of any shade tree, the
branches of which extend over and above any such public rights-of-way,
as above enumerated, or to any shade tree, the continued existence
of which shall be deemed a hazard to the public welfare.
The purpose of this chapter is to provide a uniform set of rules
and regulations governing the care and control of the shade trees
located along and within the various public ways of the Borough of
Walnutport in order to promote the general welfare and safety of the
community.
A.
The following
terms and phrases, when used in this chapter, shall have the meanings
ascribed to them as set forth below, except in those instances where
the context already indicates a different meaning. All terms of the
singular shall include those of the plural, and vice-versa. The masculine
shall include the feminine and vice-versa. The term "may" is permissible;
"shall" is mandatory.
B.
PERSON
RIGHT-OF-WAY
ROADWAY
SHADE TREE
SIDEWALK
SUBSTANTIAL TRIMMING
As used
in this chapter, the following terms shall have the meanings indicated:
Any individual, firm, association, partnership, or corporation.
The entire width between the boundary lines of every way
publicly maintained when any part thereof is open to the use of the
public for purposes of vehicular or pedestrian traffic.
That portion of a highway improved, designed, or ordinarily
used for vehicular travel.
Any tree, shrub, or woody plant along or within the rights-of-way
of the Borough of Walnutport, or that part of any tree, shrub, or
woody plant which extends within the public rights-of-way of said
Borough.
That portion of a street between curblines, or the lateral
lines of a roadway, and the adjacent property lines, intended for
use by pedestrians.
The pruning of a shade tree in such a manner and to the extent
that said tree may be permanently damaged or destroyed.
A.
Property owners responsible. It shall be the responsibility of every
person owning property in the Borough of Walnutport to trim, and to
keep trimmed, all shade trees growing on such property, and which
also are located within the public rights-of-way and/or the branches
of which extend over said rights-of-way and/or the public sidewalks
so that:
(1)
There shall be a minimum clearance of the branches thereof of 14
feet above the roadway and nine feet above the public sidewalk;
(2)
There shall be no obstruction of any parking or traffic control and
regulatory signs as may be present;
(3)
There shall be sufficient line-of-sight distances afforded to the
operators of vehicles upon the public roadways within the Borough;
(4)
There shall be no excessive obstruction of the illumination of the
public streetlights of the Borough.
B.
Authority of Borough to intercede. Should any person, responsible under Subsection A, fail, neglect, or to trim, or cause to be trimmed, any shade tree as required thereby, within 10 days after notice from said Borough to do so, the Borough shall have the authority to cause said work to be accomplished in the manner in which it deems to be most expedient, and to collect the cost thereof, together with an additional amount of 10% of said cost, from such property owner in default.
A.
Damaged or diseased shade trees presenting imminent hazards. When
any shade tree, which is located within the public rights-of-way and/or
the branches of which extend over said public rights-of-way and/or
the public sidewalks, shall become damaged by storm and/or are affected
by any contagious disease or insect infestation, to the point where
said shade tree endangers the life, health, safety, or property of
the general public, and said shade tree should be removed or substantially
trimmed to mitigate the aforesaid hazards, it shall be within the
discretion of the Borough of Walnutport to determine the degree of
the remedy necessary to correct the identified hazard. To these instances,
the following procedure shall prevail:
(1)
The owner of the property, upon which the diseased/damaged shade
tree is located, shall be notified, in writing, of the deficiency
and of the required remedy.
(3)
It shall be the responsibility of the property owner, upon whose
property said identified shade tree is located, to insure compliance
with this notification.
(4)
In the event that the property owner should fail, neglect, or refuse
to comply with said notification within the required time period or,
should the Borough be unable to identify the subject property owner,
the Borough then shall have the authority to cause the remedy to be
accomplished in the manner in which it deems most expedient and to
collect the cost thereof, together with an additional amount of 10%,
from such property owner once he has been identified.
B.
Treatment of stumps. Any stump, which remains subsequent to the felling
of a protected shade tree, shall be excised so that, at a minimum,
the topmost portion of any remaining stump is level with or below
the surrounding surface of the ground.
C.
Coordination of efforts. Any property owner or person who shall proceed
with the removal or substantial trimming of a shade tree shall coordinate
the proposed efforts with the Walnutport Borough Public Works and/or
Police Departments prior to the commencement of efforts. This coordination
is to determine if the proposed efforts will require the closure,
or partial closure, of any of the various public ways of the Borough,
and to insure that measures, satisfactory to the Borough, will be
taken to protect the general welfare and safety of the public.
It shall be unlawful for any person to plant, replant, remove,
substantially trim, or fail to maintain any protected shade tree in
a manner contrary to the provisions of this chapter.
A.
Any person who shall violate any provision of this chapter shall
be liable, upon conviction thereof, to a fine of not more than $300,
together with costs of prosecution. Each day that a violation shall
continue shall be deemed to be a separate offense, and shall be punishable
as such. Penalties imposed under the provisions of this chapter shall
be a lien upon the real estate of the offender and may be collected
as municipal claims are collected. All penalties or assessments imposed
under this chapter shall be paid to the Borough of Walnutport. Upon
refusal of any person convicted of a violation of this chapter to
pay such fine and costs, such person shall be subject to imprisonment
in the Northampton County Prison for a period not to exceed 30 days.
B.
Provided: such fines and costs may be in addition to any expenses
and additional amounts imposed elsewhere in this chapter.
