[Adopted 10-4-1999 by Ord. No. 1-1999]
A commission, to be known as the "Summit Hill Borough Shade
Tree Commission," is hereby created under authority of the Borough
Code, Act of February 1, 1966, P.L. No. 581, as amended.
The regulations for the Summit Hill Borough Shade Tree Commission
are as follows:
A. Permits. Permits must be obtained to do anything to a shade tree,
and the Commission is hereby authorized to set a fee for the processing
of such a permit. No shade tree shall be removed, planted, pruned,
broken, sprayed, injured, destroyed, have the growth altered in any
manner or be interfered with in any way, in or on any public highway,
park or other Borough property in the Borough of Summit Hill, unless
a permit has been obtained and is on file at the Borough office, indicating
approval or permission of the Commission, in writing, for the action
to be taken. If a contractor is to do the work sought to be authorized
by the permit, the name, address and telephone number of the contractor
must be identified on the permit.
B. Routine maintenance. Once written permission is secured through the
issuance of permit, the property owner shall have a time limit of
one year from the date of the permit, or such other time frame as
may be specified by the Commission, to accomplish the work.
C. Removal (also consult §
444-8D).
(1) The Commission may require owners of property to cut, prune or remove
shade trees in the interest of public safety or to conform with the
regulations of this article.
(a)
Condemnation. Upon written notification from the Commission,
the property owner will have 60 days to take the required measures.
(b)
Emergency removal of trees. Shall be accomplished in conformity with and pursuant to §§
444-7 and
444-8D as set forth herein.
(c)
Failure to comply. If the property owner fails to comply with
such notice or requirements, the Borough may cause the work to be
done and levy and collect the cost thereof from the owner of the property.
(2) Shade trees that are removed, including the removal of the stump [See §§
444-2 and
444-8D(3)], and which are required to be replaced shall be replaced as soon as practical (fall planting is preferred) but within one year of the removal of the original shade tree.
D. Cost.
(1) The cost of pruning or removing any shade trees and stumps in and
along the streets and highways in the Borough and planting a replacement
tree shall be the responsibility of the property owner of the real
estate abutting where the work is done.
(2) In addition, the cost of the necessary suitable guards, curbing or
grading for the protection thereof and the replacement of any pavement,
driveway or sidewalk necessarily disturbed in the execution of such
work shall also be paid by the owner of the real estate abutting where
the work is done.
(3) If the Borough has to arrange for a condemned tree to be taken down [See §
444-5C(1)], the cost of such work shall be a lien upon the premises from the time of the commencement of the work the date of which shall be determined by the Borough. Any such lien may be collected by an action in assumpsit or by lien filed in the manner provided by law for the filing and collection of municipal claims.
E. Location and species of new trees.
(1) Replacement trees. The species and location of replacement trees are subject to the guidelines contained in §
444-8A.
(2) Planting trees.
(a)
Property owners of sites approved for the planting of new trees
according to the most current shade tree inventory will be systematically
requested to voluntarily plant trees in the identified site within
a specified time.
(b)
If such a request has been made and a property not brought into
compliance voluntarily by planting a tree at the specified site within
the time specified, then the tree may be planted by the Borough and
a lien placed against the property to cover the costs incurred by
the Borough.
F. Effect on shade trees by trees on private property.
(1) If any shade tree on a public highway, street, park or other public
property is being injuriously affected or is likely to be so affected
or if the public safety is being endangered by a tree on private property
as determined by the Commission or Council, the property owner will
be required to prune, spray, cut or remove such tree(s), shrubs, hedges
or plants at the property owner's expense.
(2) If the owner of the property does not take the required actions as
ordered within the time specified from the date of such order, the
Commission or Council may then have the work done at the property
owner's expense.
G. Shade tree fund. Intending to be a separate and distinct account
of monies, a shade tree account of monies, a shade tree fund account
shall be established to assist the Commission in the purchasing, planting,
maintenance and removal of trees pursuant to this article. Monies
placed into this account shall consist of donations from the public
for the purchase, planting, maintenance or replacement of trees as
the donor may designate, subject to any approvals deemed necessary
under this article. The Commission shall also have the authority to
use these monies as it deems necessary and appropriate to carry out
the provisions of this article.
In the case of imminent danger to life or property, a shade
tree on any public highway, street, park or other public property
may be cut, pruned or removed without permission of the Commission
or Council, provided that such action must be reported to the Borough
Secretary's office and a retroactive permit placed on file within
48 hours after its occurrence. Otherwise, it shall be deemed a violation
of this article.
Whenever the Commission proposes to plant, transplant, or remove
shade trees on any street, notice of the time and place of the meeting
at which such work is to be considered shall be given in one newspaper
of general circulation in the Borough once a week for two weeks immediately
preceding the time of the meeting. The notice shall specify in detail
the streets or portions upon which trees are proposed to be so planted,
replanted, or removed.
The Summit Hill Borough Shade Tree Commission shall report annually
(March 1) to the Council all of its transactions and expenses for
the last fiscal year of the Borough.