The following words and phrases, when used in this chapter,
shall have the meanings hereby ascribed to them, except in those instances
where the context clearly indicates a different meaning:
PERMIT
Any permit in writing as issued by the Shade Tree Commission.
PERSON
Any natural person, firm, association, partnership or corporation.
SHADE TREE
Any tree, shrub or other woody plant within the right-of-way
lines of the public streets and highways in the Borough of Hanover.
The application for any permit required hereunder shall be made,
in writing, to the office of the Borough Secretary upon forms furnished
by him and shall specify the particular kind of work or operation
the applicant desires to perform thereunder and shall state the exact
location and species of any tree or trees affected. It shall be the
duty of the Tree Warden to promptly approve or disapprove all routine
trimming and pruning of shade trees. All other matters shall be submitted
to the Shade Tree Commission for approval or disapproval. The permit
shall be effective for such length of time as the Shade Tree Commission
shall in each case determine, which shall be indicated on the permit,
and such permit may be revoked at any time at the direction of the
Shade Tree Commission upon proof satisfactory to the Shade Tree Commission
that the terms and conditions upon which the permit has been issued
are or have been violated.
[Amended 12-6-1989 by Ord. No. 1862]
A. All shade trees shall be kept trimmed so that the minimum height
where they overhang any public walk shall be seven feet, and over
streets, 14 feet. However, the Shade Tree Commission reserves the
right to designate higher or lower clearances in instances where conditions
make it appropriate and expedient. All trees standing on private property
and having branches extending over sidewalks and thoroughfares shall
be kept trimmed by the owner of such property within the above limits,
unless otherwise specified by the Shade Tree Commission. The owner
of the aforementioned trees may trim or remove said trees himself
or herself without a permit, but if a contractor is used, the contractor
shall obtain a permit and provide a certificate of insurance concerning
public liability. In case the owner of such property shall refuse
or neglect to trim such trees upon being notified in writing by the
Shade Tree Commission to do so and within the time specified by such
notice, the Shade Tree Commission may, after the expiration of the
date specified in such notice, cause such trimming to be done at the
expense of the owner, and the entire cost thereof, if unpaid, shall
be filed and collected by the Borough in the same manner as municipal
claims are filed and collected.
B. The intent of all tree trimming shall be to maintain the most natural
shape and promote the optimum health of the shade trees. Trimming
shall be permitted by the Shade Tree Commission for the following
purposes:
(1) To obtain clearance around utility wires.
(2) To obtain or maintain clearance from buildings.
(4) To maintain a manageable height.
C. Trimming shall not be permitted only for topping or decorative shaping
of trees.
No person shall, without first obtaining a permit, place or
hereafter maintain any stone, cement or other substance which shall
impede the passage of water and air to the roots of any shade tree,
unless such person shall leave an open space of ground surrounding
the trunk of the tree, such space to be not less than four feet square;
exception to the foregoing may be granted by the Shade Tree Commission
where appropriate or expedient.
No person shall plant any shade tree within the right-of-way
lines of the public streets and highways of the Borough of Hanover
until a permit is granted by the Shade Tree Commission, and such permit
shall designate where such tree is to be planted. The Shade Tree Commission
may refuse a permit to plant any species of tree which, in its opinion,
is not suited to the location.
[Amended 5-17-1995 by Ord. No. 1976]
In connection with any building operation or street work anywhere
in the vicinity of any shade trees, before such work shall be commenced,
guards may be approved for placement in all shade trees which may
be subject to the hazards of such work so as to effectively prevent
injury to the tree and to the worker in the tree. However, tree guards
are not to be placed in shade trees as a substitute for proper trimming
or removal of shade trees which the Shade Tree Commission may order
from time to time. The long-term use of tree guards or utility lines
through shade trees as a substitute for trimming or tree removal is
prohibited.
Whenever, in order to take down or prune any shade tree in the
custody of the Shade Tree Commission, it shall be deemed necessary
to remove any wire or wires, every person having such wire or wires
running through the work area shall temporarily remove the same or
cut off the flow of current therefrom within 24 hours after service
of written notice from the Shade Tree Commission to do so.
[Amended 3-28-2007 by Ord. No. 2119]
Any person who inflicts damage upon a shade tree under the custody
of the Shade Tree Commission, either willfully, carelessly or accidentally,
shall be liable for costs of professional care in treatment of tree
wounds. If the tree shall die within one growing season, in the opinion
of a professional expert, as a direct result of such damage, or if
the damaged tree shall be rendered unsuitable as Borough property
and condemned by the Shade Tree Commission, then the person responsible
shall pay all costs of removal of said tree and its stump and the
costs of replacing it with a young tree of approved specifications.
Such work shall be performed by or contracted for by the Borough,
and the costs assessed to the responsible person. If the damage described
above shall be legally judged as deliberate, then the responsible
person shall be also liable to a fine not to exceed $1,000, if found
guilty as a result of information properly filed.
Any person wishing to appeal a decision of the Tree Warden or
of the Shade Tree Commission may appeal in writing to the Shade Tree
Commission Board of Appeals. The Board of Appeals of the Shade Tree
Commission shall be appointed by the Borough Council and shall consist
of one member of the Council, who shall act as Chairman, one member
of the Planning Commission and one member of the Shade Tree Commission.
If the decision of the Board of Appeals is not unanimous, the question
shall be referred to Borough Council, whose decision shall be final.
[Amended 5-18-1988 by Ord. No. 1844]
Any person who shall violate or fail to comply with any of the regulations of the Shade Tree Commission shall be liable, on conviction thereof, to a fine or penalty as provided for in Chapter
1, Article
I, General Penalty, as amended, for each and every offense, plus costs of damage to or replacement of shade trees, where appropriate; and whenever such person shall have been notified by the Shade Tree Commission or service of summons in prosecution, or in any other way, that he is committing such violation, each day in which he shall continue in such violation after any such notification shall constitute a separate offense, punishable by like fine or penalty. Such fines or penalty shall be collected as prescribed by law.
The foregoing regulations of the Shade Tree Commission of Hanover
Borough shall become effective 10 days after publication hereof as
prescribed by law.