[HISTORY: Adopted by the Borough Council of the Borough of
Ambridge 8-28-2001 by Ord. No. 1162. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Tree Ordinance
of the Borough of Ambridge, Pennsylvania."
As used within this chapter, the following terms shall have
the meanings set forth in this section:
A tree's diameter in inches measured by a diameter tape
at 4 1/2 feet from the surface of the ground. On trees having
multiple stems, the largest diameter stem will be measured.
The approximately circular vertical extension to the ground
of the outermost branches and/or leaves of the tree as an indication
of the spread of the root system.
The area of a tree inside a circle whose radius is equal
to the height of the tree, the center being the trunk.
Designated as those attaining a height of 45 feet or more.
Designated as those attaining a height of 30 to 45 feet.
Any Borough public spaces designated for recreation and/or
conservation.
The legal boundary line between private and Borough-owned
land.
That person owning such property as shown by the block and
lot records of Beaver County, State of Pennsylvania.
Any other ground owned by the Borough.
All trees now or hereafter growing on any street, park or
any other public site.
The removal of all aboveground and below-ground parts, including
the stump and roots.
Designated as those under 30 feet.
The entire width of every public way or right-of-way when
any part thereof is open to the use of the public as a matter of right
for purposes of vehicular and pedestrian traffic.
Any living plant with needles or scale-type leaves that has
a well-defined stem or stems with a diameter of at least six inches
at 4 1/2 feet from the surface of the ground.
Any living, self-supporting woody broad-leaf plant that has
a well-defined stem or stems with a diameter of at least two inches
at 4 1/2 feet from the surface of the ground.
Any living self-supporting woody plant that has a well-defined
stem or stems which has been intentionally cultivated and established.
The Commission with five members appointed by Council.
That part of a street not covered by a sidewalk or other
paving lying between the property line and that portion of the street
usually used for vehicular traffic.
A.
A Tree Commission is hereby established, and the same shall consist
of at least three members who shall serve without compensation. The
membership positions shall be filled in conjunction with the procedure
of appointments by the Council of the Borough of Ambridge.
B.
After initial staggered terms of one member for three years, one
member for four years and one member for five years, each Commission
member shall serve a five-year term of office. Any appointed member
of the Commission may be removed from office for just cause by Council.
An appointment to fill a vacancy shall be only for the unexpired portion
of the term.
C.
Officers. Prior to January 31 of each year, the Tree Commission shall
meet and elect a member to serve as Chairperson. The Chairperson shall
have the authority to call and conduct meetings of the Commission
and to receive all permit applications, correspondence and other materials
on behalf of the Commission. The Secretary of the Commission shall
be elected by the Commission and shall keep the minutes of the meetings
and a permanent record of all resolutions, motions, transactions and
determinations.
D.
Meetings.
(1)
The Tree Commission shall meet once a month and shall hold its first
meeting following the enactment of this chapter.
(2)
All members of the Commission shall be entitled to vote, and the
decision of the Commission shall be determined by a majority vote
of the Commissioners.
(3)
The Chairperson may call a special meeting or, in his/her absence,
any two Commission members may call a special meeting.
E.
Professional services. The Tree Commission may retain the services
of qualified professionals, with the prior approval of the Borough
Manager, within the budgetary limits established, as may be necessary
to facilitate the function of the Tree Commission.
F.
Annual budget and reports. The Tree Commission will be required to
submit budgets and annual reports to the Borough Manager in the manner
and by the date as determined by the Borough Manger's office.
A.
The Tree Commission, when requested by Council, shall consider, investigate,
make findings, report and recommend upon any special matter or question
coming within the scope of its work. The Tree Commission shall study
the problems and determine the needs of the Borough in connection
with its tree planting and maintenance program.
B.
The Tree Commission shall recommend to the Borough Manager and Public
Works Director the type and kind of trees to be planted upon Borough
streets or parts of Borough streets or in parks as designated.
C.
The Tree Commission shall assist the Borough Manager, as well as
the Council and citizens of the Borough, in the dissemination of news
and information regarding the selection, planting and maintenance
of trees within the corporate limits, whether the same be on private
or public property, and to make such recommendations, from time to
time, to Council as to desirable legislation concerning the tree planting
program and activities for the Borough. The Tree Commission shall
work in conjunction with civic and public interest groups devoted
to tree care and preservation.
D.
The Tree Commission shall convene regular and special meetings, at
which the subject of trees, insofar as it relates to the Borough,
may be discussed by members of the Tree Commission, officers and personnel
of the Borough and its several divisions, and all others interested
in the tree program.
E.
The Tree Commission shall have the responsibility of inventory of
(and classifying as to location, species, size, condition and evaluation)
the existing public trees, as an integral part of the Master Tree
Plan. This inventory shall be updated annually.
F.
The Tree Commission shall consider all existing and proposed buildings,
utilities and environmental factors when recommending the planting
of a specific species or other work for all streets and public sites
within the Borough.
G.
The Tree Commission shall have the authority to amend or add to the
Master Tree Plan at any time that circumstances make it advisable.
H.
The Tree Commission shall develop and maintain a list of desirable
large, medium and small trees for planting in parks, along streets
and on other public sites, based on mature height. Lists of trees
not suitable for planting in these areas shall also be created by
the Tree Commission.
I.
The Tree Commission shall have the authority to formulate a Master
Tree Plan. The Master Tree Plan shall include the inventory of existing
public trees and shall specify the requirements for the care, preservation,
pruning, planting, replanting and removal or disposition of trees
in parks, along streets and on other public sites and shall specify
the species of tree to be planted in these areas. The Master Tree
Plan shall be updated and presented to Council annually and, upon
its acceptance and approval, shall constitute the official comprehensive
Master Tree Plan for the Borough. From and after the effective date
of the Master Tree Plan, or any amendment thereof, all planting shall
conform thereto.
A.
Public tree care. The Borough shall have the right to plant, prune,
maintain and remove all public trees as may be necessary to ensure
public safety or to preserve or enhance the symmetry and beauty of
public sites. The Tree Commission may remove or cause to be removed
any public tree or part thereof which is in an unsafe condition or
which by reason of its nature is injurious to sewers, electric power
lines, gaslines, waterlines or other public improvements or is affected
with any injurious disease, insect or fungus.
B.
Distance requirements.
(1)
No tree shall be planted closer than 30 feet from any street corner,
measured from the point of nearest intersecting curbs or curblines.
(2)
No tree shall be planted closer than 10 feet from any fire hydrant.
(3)
All trees are to be planted equidistant from curb or street line
and sidewalk line in concurrence with Tree Commission approval.
C.
Additional plantings. This section does not prohibit the planting of a tree along streets by property owners, providing that the selection of said tree is in accordance with § 282-4H of this chapter. No property owner shall plant a tree within the right-of-way without first obtaining approval from the Zoning Officer.
D.
Abuse and/or mutilation of public trees. Unless specifically authorized
by the Borough Council, no person or firm shall intentionally damage,
cut, carve, transplant, whether above ground or below ground, or transplant
or remove any public tree, allow any gaseous liquid or solid substance
which is harmful to such trees to come in contact with them, or set
fire or permit any fire to burn when such fire or heat therefrom will
injure any portion of any public tree. No person shall pour salt water
or a chemical or chemicals upon any street or right-of-way in such
a way as to injure any tree planted or growing thereon. The Borough
shall not use excessive amounts of anti-icing materials in the maintenance
of roads.
E.
Placing materials on public property. No person shall deposit, place,
store or maintain upon any public place in the Borough any stone,
brick, sand, concrete or other materials which may impede the free
passage of water, air and fertilizer to the roots of any public tree
growing therein, except by written approval of the Borough Council.
F.
Protection of public trees.
(1)
All public trees located near any excavation or construction of any
building, structure or street work shall be guarded with a good substantial
fence, frame or box not less than four feet high placed at the dripline.
All laborers, building material, dirt or other debris shall be kept
outside this barrier. The Borough Council may permit a variance in
cases where the barrier would impede the flow of traffic on a street,
private street or driveway and where the dripline overhangs a building
or permanent structure.
(2)
No person shall excavate any ditches or trenches within the dripline
of a public tree or lay any drive within 15 feet of a public tree
without first obtaining the written approval of the Borough Council.
A.
Replanting whenever it is necessary to remove a public tree in connection with the paving of a sidewalk or the widening of a portion of a street or highway, the Borough shall cause to replant the tree or replace it with a species listed in § 282-4H of this chapter. This requirement will be satisfied if an equivalent number of trees are planted at the nearest appropriate location as determined by the Tree Commission.
B.
Other than public employees on Borough business, no person shall remove or cause removal of a public tree for the purpose of construction or any other reason without the written permission of the Tree Commission. The Tree Commission may require replacement of a removed tree as a condition to said Commission's approval. Such replacement shall be in accordance with the species listed in § 282-4H of this chapter. The person or property owner shall bear the cost of removal and replacement of all public trees removed.
C.
Topping of public trees. It shall be unlawful for any person, utility,
firm or Borough department to top any public tree. Topping is defined
as the severe cutting back of limbs so as to remove the normal canopy
and disfigure the tree. Public 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 Tree Commission.
A.
It shall be the duty of any person owning real property bordering
on any street upon which private property there may be trees, to prune
such trees in such manner that they will not obstruct or shade the
streetlights, obstruct the passage of pedestrians on sidewalks, obstruct
the vision of traffic signs or obstruct the view of any street intersection.
Said persons shall remove all dead, diseased or dangerous trees or
broken decayed limbs which constitute a menace to the safety of the
public in accordance to the rules and regulations set forth by the
Shade Tree Commission. The minimum clearance of any overhanging portion
thereof shall be eight feet over the sidewalks and 15 feet over all
streets.
(1)
Notice to prune. Should any person or persons owning real property
bordering on any street fail to preserve, maintain or remove as hereinabove
provided, the Borough Council may order such person or persons to,
within 30 days after receipt of written notice, preserve, maintain
or remove.
(2)
Order required. The order herein shall be served by certified mail
or by personal service or by posting to the last known address of
the property owner.
(3)
Failure to comply. When a person to whom an order is directed shall
fail to comply within the specified time, it shall be lawful for the
Borough to prune such trees and to recover from the property owner
the cost of services rendered and to lien the property for such costs
and all costs associated with such lien.
B.
The Borough shall have the right to cause the removal of any trees
on private property within the Borough when such trees constitute
a hazard to life and property of others or are affected with any injurious
disease, insect or fungus.
(1)
Notice to remove. Should any person or person fail to remove trees
as herein provided, Ambridge Borough Council shall order such person
or persons, within 10 days after receipt of written notice, to remove
such trees.
(2)
Order required. The order herein shall be served by regular mail
or by personal service or posting to the last known address of the
property owner.
(3)
Failure to comply. When a person to whom an order is directed shall
fail to comply within the specified time, it shall be lawful for the
Borough to remove such trees and to recover from the property owner
the cost of services rendered and to lien the property for such costs
and all costs associated with such lien.
C.
Permits. A permit issued by the Borough shall be required of any
one owner removing or causing the removal of any public or private
tree whose hazard zone falls upon public land. The requirements for
said permit shall be as follows:
(1)
The permit fee shall be established by resolution of Council.
(2)
The Tree Commission will render a decision within 30 days after the
date of application. Decisions shall state the reasons for approval
or nonapproval and also state remedies to Council as well as deadlines
to appeal to Council.
(3)
In the event of an emergency, the Tree Commission Chairperson or
designee may, upon review with the Borough Arborist or tree expert,
issue a permit for the appropriate work to be performed.
A.
No public utility or contractor in the employ of a public utility
shall maintain, trim or remove trees located in the public right-of-way
within the Borough of Ambridge without obtaining written approval
from the Tree Commission.
B.
A written plan indicating the type of tree, location of tree, proposed
work to be performed on tree, and amount of time for the work is to
be forwarded to the Borough Manger's office.
C.
The written plan shall be forwarded to the Borough Manger's
office 60 days in advance of the proposed work.
D.
The written plan will be reviewed by the Borough Arborist or tree
expert with recommendation(s) forwarded to the Tree Commission.
E.
The Tree Commission will review and approve, approve with conditions,
or disapprove the plan. The review of the Commission will be based
on the Master Tree Plan on file with the Borough. Conditions imposed
will be those that promote the findings at the beginning of this chapter.
All decisions rendered by the Tree Commission shall state the reasons
for approval, approval with conditions, or disapproval. Also contained
in decisions shall be stated the rights of applicants to appeal.
F.
Before work can begin, the public utility and its contractors shall
deliver certificates of insurance for liability insurance coverage
and worker's compensation insurance.
G.
In the event of emergencies due to acts of God or acts of nature,
trimming or removal may be done to the minimal extent for public safety
and property; prior notice shall be given to the Borough Manager or
his designee.
H.
In the event any public utility removes or trims trees without approval
of the Tree Commission, it shall be subject to a fine of not more
than $500 plus costs and legal restitution 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 continues, it shall constitute a separate
offense. If as the result of the violation of any provision of this
chapter the injury, mutilation or death of a tree is caused, the cost
of replacement value of trees shall be determined in accordance with
the latest revision of "Valuation of Landscape Trees, Shrubs and Other
Plants" as published by the International Society of Arboriculture,
and said replacement shall be paid for by the public utility.
No person shall hinder, prevent, delay or interfere with the
Tree Commission or any of its agents, while engaged in carrying out
the execution of enforcement of this chapter on public or private
property; provided, however, that nothing herein shall be construed
as an attempt to prohibit the pursuit of any remedy, legal or equitable,
in any court of competent jurisdiction for the protection of property
rights by the owner of any property within the Borough.
A capital reserve account within the various funds of the Borough,
known as the "Tree Commission Capital Reserve Account," is hereby
established, which is to be utilized for the receipt of license and
permit fees, bond monies generally, grant monies, damages, penalties
and donations.
Any adjustment of the standards required by this chapter or
an appeal of a decision of the Tree Commission shall be taken to Council.
Council, upon receipt of the request on an approved Borough form,
shall have the authority and duty to consider and act upon the request.
This application shall clearly and in detail state what adjustments
or requirements are being sought, reasons such adjustments or requirements
are being sought, reasons such adjustments are warranted, and shall
be accompanied with such supplementary data as is deemed necessary
to substantiate the adjustment. Council may approve, modify or deny
the requested adjustment, based upon the protection of public interest,
preservation of the intent of this chapter, and possible unreasonable
hardships involved in the case. Council shall act on the application
as expeditiously as possible and shall notify the applicant, in writing,
within 10 days of the action taken.
Any person or firm violating any provisions of this chapter
or who fails to comply with any notice issued pursuant to the provisions
of this chapter, upon being found guilty, shall be subject to a fine
not to exceed $500 for each separate offense; each day during which
any violation of the provisions of this chapter shall occur or continue
shall be a separate offense. If as the result of the violation of
any provision of this chapter the injury, mutilation or death of a
tree is caused, the cost of replacement value of such tree shall be
borne by the party in violation. The replacement value of trees shall
be determined in accordance with the latest revision of "Valuation
of Landscape Trees, Shrubs and Other Plants" as published by the International
Society of Arboriculture, and said replacement value shall be paid
by the party in violation.
