[HISTORY: Adopted by the Borough Council of the Borough of
Hellertown as indicated in article histories. Amendments noted where
applicable.]
[Adopted 5-6-1985 by Ord. No. 531]
A.
Title. An ordinance establishing rules, regulations and standards
governing the planting, replanting, removal, care of shade trees located
along the various public ways of the Borough of Hellertown; 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 article shall be known and may be cited as the
"Borough of Hellertown Shade Tree Ordinance of 1985."
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 XXVI of the Borough
Code, Act of February 1, 1966 (1965 P.L., No. 581), as amended.[1]
[1]
Editor's Note: See 53 P.S. § 45101 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 Hellertown, 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 article 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
Hellertown in order to promote the general welfare and safety of the
community.
The following terms and phrases, when used in this article,
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.
As used in this article, the following terms shall have the
meanings indicated:
That written document issued by the Borough of Hellertown
pursuant to the various terms of this article.
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 traffic.
Any tree, shrub or woody plant along or within the rights-of-way
of the Borough of Hellertown, or that part of any tree, shrub or woody
plant which extends within the public rights-of-way of the 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 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 Hellertown 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 refuse 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 Hellertown to determine the degree of
the remedy necessary to correct the identified hazard. In 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.
(2)
(3)
It shall be the responsibility of the property owner upon whose property
said identified shade tree is located to ensure 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.
Damaged or diseased shade trees not presenting an imminent hazard. Should any property owner or person desire to remove or substantially trim a shade tree, as protected pursuant to the terms of this article, whether because it is believed that said shade tree is diseased or damaged or for any other reason, that property owner first shall make written application to the Borough for permission to effect the proposed removal, in accordance with the permit procedures as provided in § 416-13 of this article. It shall be the responsibility of the property owner or person so applying for a permit to document the justification for the proposed removal of the shade tree. Included among examples of justification for removal or substantial trimming are: a statement from a person engaged in the business of tree surgery, arboriculture or tree service, relative to damage and/or disease; or a statement from a registered plumber or the Hellertown Borough Authority which documents a history of sanitary sewer line infiltration by the roots of a protected shade tree.
C.
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.
D.
Coordination of efforts. Any property owner or person who has received
the requisite permission to proceed with the removal or substantial
trimming of a shade tree shall coordinate the proposed efforts with
the Hellertown Borough Public Works and/or Police Department 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 ensure that
measures satisfactory to the Borough will be taken to protect the
general welfare and safety of the public.
A.
Property owners responsible. It should be the responsibility of every
person, upon request by the Borough, to plant and pay for the cost
of planting and/or transplanting any shade tree in and along the streets
and highways in the Borough.
B.
The cost of planting and/or transplanting:
(1)
The costs of purchasing and planting a shade tree; the necessary
and suitable guards, curbing or grading for the protection thereof;
and the replacing of any pavement or sidewalk necessarily disturbed
in the execution of such work shall be paid by the owner of the real
estate abutting where the work is done.
(2)
The amount each owner is to pay shall be ascertained and certified
by the Shade Tree Commission to Borough Council and to the Borough
Treasurer.
C.
Notice.
(1)
The owner of the property upon which the planting or replacement
of a shade tree is located shall be notified, in writing, of the deficiency
and of the required remedy.
(2)
(3)
It shall be the responsibility of the property owner upon whose property
said identified shade tree is located to ensure 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.
A.
Preferred tree species.[1]
(1)
Small trees, smaller than 30 feet. Suitable for narrow street tree
lawns/pits (less than six feet wide), and low overhead utility lines.
Trees should be planted at thirty-foot to thirty-five-foot intervals.
|
Acer buergerianum
|
Trident maple
| |
|
Acer campestre (cultivars Queen Elizabeth 'Evelyn' or 'Schichtel's
Upright')
|
Hedge maple
| |
|
Carpinus caroliniana
|
Ironwood, Musclewood or American hornbeam
| |
|
Cercis canadensis (single leader)
|
Eastern redbud
| |
|
Cornus mas
|
Cornelian-cherry
| |
|
Pyrus betulaefolia 'Southworth' Dancer™
|
Ornamental birch-leaf pear
| |
|
Pyrus calleryana 'Jaczam,' 'Jilzam'
|
Jack™, Jill™ callery pear
| |
|
Syringa reticulata 'Ivory Silk'
|
Japanese tree lilac
| |
|
Tilia cordata 'Halka'
|
Summer Sprite® littleleaf linden
| |
|
Zelkova serrata 'Schmidtlow'
|
Wireless® zelkova
|
(2)
Medium to large trees, larger than 30 feet. Suitable for wide tree
lawns/pits (greater than six feet wide) or park settings without overhead
utility lines. Trees should be planted at thirty-five-foot to forty-foot
intervals.
|
Acer x freemanii 'Armstrong'
|
Columnar red maple
| |
|
Acer rubrum
|
Red maple
| |
|
Carpinus betulus
|
European hornbeam
| |
|
Cercidiphyllum japonicum
|
Katsura tree
| |
|
Celtis occidentalis
|
Common hackberry
| |
|
Ginkgo biloba (male only)
|
Ginkgo, sometimes called "Maidenhair Tree"
| |
|
Gleditsia triacanthos var. inermis (nonfruiting cultivars)
|
Thornless common honeylocust
| |
|
Gymnocladus dioicus (male only)
|
Kentucky coffeetree
| |
|
Phellodendron amurense (male only)
|
Amur cork tree
| |
|
Platanus x aceriflolia
|
London planetree
| |
|
Prunus sargentii
|
Sargent cherry
| |
|
Quercus acutissima
|
Sawtooth oak
| |
|
Quercus coccinea
|
Scarlet oak
| |
|
Quercus imbricaria
|
Shingle oak
| |
|
Quercus macrocarpa
|
Bur oak or mossycup oak
| |
|
Quercus muehlenbergii
|
Chinkapin oak, sometimes called "Yellow chestnut oak"
| |
|
Quercus phellos
|
Willow oak
| |
|
Quercus rubra
|
Northern red oak
| |
|
Quercus robur
|
English oak
| |
|
Quercus shumardii
|
Shumard oak
| |
|
Robinia pseudoacacia
|
Black locust
| |
|
Tilia cordata 'Greenspire'
|
Littleleaf linden
| |
|
Tilia tomentosa 'Green Mountain'
|
Silver linden
| |
|
Ulmus carpinifolia (Dutch-elm-disease-resistant cultivars)
|
Elm hybrids
| |
|
Zelkova serrata
|
Japanese zelkova
|
B.
Any shade tree not included on this list, and as may be proposed
as a replacement tree, is subject to approval of the Borough. This
list may be amended, from time to time, at the discretion of the Council
of the Borough, by resolution of said Council.
The Borough may specify the type and location of any new shade
tree proposed to be planted within the public rights-of-way of the
Borough. Such a stipulation shall be made as part of any permit that
may be issued.
No person shall remove, substantially trim or plant any shade
tree located or to be located within the public rights-of-way without
first having made application for and having received a permit as
issued by the Borough of Hellertown.
A.
Application. A shade tree permit application shall be secured from
the Borough of Hellertown. Said application shall be completed in
its entirety and returned to the Borough, together with five-dollar
nonrefundable filing fee.
B.
Borough review. The Borough Secretary or his designated representative
shall review the application and the actual site of the proposed work
as may be necessary and proper. All reasonable efforts shall be made
to complete this review within 10 working days of receipt of the application.
C.
Permit issuance. Upon finding the application complete and being
satisfied that the proposed work will be conducted in full compliance
with the terms of this article, the Borough Secretary or his designated
representative shall issue a shade tree permit, together with any
conditions or stipulations as may be necessary given the circumstances
of the application, the site involved, and/or to ensure compliance
with the terms of this article.
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 article.
A.
Any person, firm or corporation who shall violate an provision of
this article shall, upon conviction thereof, be sentenced to pay a
fine of not more than $1,000 plus costs and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
days. Each day that a violation of this article continues or each
section of this article which shall be found to have been violated
shall constitute a separate offense.
B.
Penalties imposed under the provisions of this article shall be a
lien upon the real estate of the offender and may be collected as
municipal claims are collected. All penalties and assessments imposed
under this article shall be paid to the Treasurer of the Borough of
Hellertown, to be placed to the credit of the Borough, subject to
being drawn upon by the Borough for the purposes of the preceding
sections of this article.
