[HISTORY: Adopted by the Borough Council of the Borough of
Mahanoy City 11-12-1991 by Ord. No. 91-5. Amendments noted where
applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Trees, shrubs, bushes and all other woody vegetation in public
parks having individual names and all areas owned by the Borough or
to which the public has free access as a park.
Trees, shrubs, bushes and all other woody vegetation on land
lying between property lines on either side of all streets, avenues
or ways within the Borough.
There is hereby created and established a Borough Tree Commission
for the Borough of Mahanoy City, Pennsylvania, which shall consist
of three members, citizens and residents of this Borough, who shall
be appointed by the Borough Council.
The terms of the three persons to be appointed by the Borough
Council shall be as follows: one shall be appointed to the Commission
for a term of three years, a second for a term of four years and the
third for a term of five years. Each appointee thereafter shall be
appointed for a term of five years.
Members of the Commission shall serve without compensation.
It shall be the responsibility of the Commission to study, investigate,
counsel and develop and/or update annually and administer a written
plan for the care, preservation, pruning, planting, replanting, removal
or disposition of trees and shrubs in parks, along streets and in
other public areas. Such plan will be presented annually to the Borough
Council and, upon its acceptance and approval, shall constitute the
Official Comprehensive Borough Tree Plan for the Borough of Mahanoy
City, Pennsylvania. The Commission, when requested by the Borough
Council, shall consider, investigate, make findings on, report upon
and recommend any special matter or question coming within the scope
of its work.
The Commission shall choose its own officers, make its own rules
and regulations and keep a journal of its proceedings. A majority
of the members shall be a quorum for the transaction of business.
The following list constitutes the official street tree species
for Mahanoy City, Pennsylvania. No species other than those included
in this list may be planted as street trees without written permission
of the Borough Tree Commission.
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Type
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|---|
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Crab, pink flowering
|
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Elm, American
|
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Elm, Chinese
|
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Ginkgo
|
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Linden, small leaf
|
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Maple, colomner
|
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Maple, hard
|
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Maple, Norway
|
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Maple, red
|
|
Maple, Stanlen
|
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Oak, pin
|
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Oak, red
|
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Pear, Bradford gallery
|
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Pear, flowering
|
|
Plane, oriental
|
A.
Street trees may be planted no closer together than 30 feet to 40
feet.
B.
The distance trees may be planted from curbs or curblines and sidewalks
will be no closer than two feet.
C.
No street tree shall be planted closer than 35 feet to any street
corner, measuring from the point of the nearest intersection, curb
or curbline. No street tree shall be planted closer than 10 feet to
any fireplug.
A.
The Borough shall have the right to plant, prune, maintain and remove
trees, plants and shrubs within the lines of all streets, alleys,
avenues, lanes, squares and public grounds as may be necessary to
ensure public safety or to preserve or enhance the symmetry and beauty
of such public grounds.
B.
The Borough may remove or cause or order to be removed any tree or
part thereof which is in an unsafe condition or which, by reason of
its nature, is injurious to sewers, electric power lines, gas lines,
waterlines or other public improvements or is affected with any injurious
fungus, insect or other pest.
It shall be unlawful as a normal practice for any person, firm
or Borough department to top any street tree, park tree or other tree
on public property. "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 chapter,
at the determination of the Borough Tree Commission.
Every owner of any tree overhanging any street or right-of-way
within the Borough shall prune the branches so that such branches
shall not obstruct the light from any streetlamp or obstruct the view
of any street intersection and so that there shall be a clear space
of eight feet above the surface of the street or sidewalk. Said owners
shall remove all dead, diseased or dangerous trees or broken or decayed
limbs which constitute a menace to the safety of the public. The Borough
shall have the right to prune any tree or shrub on private property
when it interferes with the proper spread of light along the street
from a streetlight or interferes with visibility of any traffic control
device or sign.
The Borough shall have the right to cause the removal of any
dead or diseased trees on private property within the Borough when
such trees constitute a hazard to life and property or harbor insects
or disease which constitute a potential threat to other trees within
the Borough. The Borough Tree Commission will notify, in writing,
the owners of such trees. Removal shall be done by said owners at
their own expense within 60 days after the date of service of notice.
In the event of failure of owners to comply with such provisions,
the Borough has the authority to remove such trees and charge the
cost of removal on the owners' property tax notices.
All stumps of street and park 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 Tree Commission or any of its agents while engaging
in and about the planting, cultivation, mulching, pruning, spraying
or removing of any street trees, park trees or trees on private grounds,
as authorized in this chapter.
It shall be unlawful for any person or firm to engage in the
business or occupation of pruning, treating or removing street or
park trees within the Borough without first applying for and procuring
a license. The license fee shall be $25 annually in advance; provided,
however, that no license shall be required of any public service endeavors.
Before any license shall be issued, each applicant shall first file
evidence of possession of liability insurance in the minimum amounts
of $50,000 for bodily injury and $100,000 for property damage indemnifying
the Borough or any person injured or damaged resulting from the pursuit
of such endeavors as herein described.
The Borough Council shall have the right to review the conduct,
acts and decisions of the Borough Tree Commission. Any person may
appeal any ruling or order of the Borough Tree Commission to the Borough
Council, which may hear the matter and make a final decision.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this chapter
shall, upon conviction in a summary proceeding under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not more than $1,000, plus court costs
and reasonable attorneys' fees incurred by the Borough in the enforcement
proceedings. Upon judgment against any person by summary conviction,
or by proceedings by summons on default of the payment of the fine
or penalty imposed and the costs, the defendant may be sentenced and
committed to the county correctional facility for a period not exceeding
30 days. Each day that such violation exists shall constitute a separate
offense, and each section of this chapter that is violated shall also
constitute a separate offense. In addition to or in lieu of enforcement
under this section, the Borough may enforce this chapter in equity
in the Court of Common Pleas of Schuylkill County.
