When used in this chapter, the following terms shall have the
following meanings:
HAZARD TREE
Any tree on public or private property that poses an immediate
danger to life or property, or any tree afflicted by a disease which
threatens injury or destruction of other trees.
HERITAGE TREE
Any of the following:
A.
A tree associated with a notable or regional historical event,
person, structure or landscape;
B.
A tree of exceptional age or rare species; or
C.
A tree of thirty-six-inch or greater caliper.
OWNER
The legal and beneficial owner of land or the person or persons
in possession of land. Where the legal and beneficial ownership of
land is severed, the term shall include all persons holding legal
and beneficial interests.
PERMIT
A written permit or authorization issued by the representative
of the Lansdowne Borough Council.
PERSON
Any natural person, firm, association, partnership or corporation.
PUBLIC AREA
That area, including unpaved areas, cartway and sidewalk,
within public right-of-way lines for streets, highways, alleys and
public ways within the Borough of Lansdowne and also all property
owned by the Borough of Lansdowne.
SHADE TREE
Any tree, shrub or other woody plant in or upon any public
area in the Borough of Lansdowne or that part of any tree, shrub or
other woody plant which extends within the lines of any public area
in the Borough of Lansdowne.
A Shade Tree Commission is hereby created in and for the Borough
of Lansdowne.
No tree shall hereafter be planted in or upon the public streets,
highways or avenues within five feet of any driveway, nor shall any
tree on private property adjacent to the sidewalk be planted within
three feet thereof. To maintain an adequate sight triangle for public
safety, no tree shall be planted nearer to the intersection of any
two or more streets than 25 feet from the point of intersection of
any two public right-of-way lines, and a distance of 30 feet shall
be maintained on streets which are state highways.
Any person directly affected by a decision of the Code Enforcement
Officer or a notice or order issued under this chapter shall have
the right to appeal to the Borough of Lansdowne Uniform Construction
Code Board of Appeals, provided that a written application for appeal
is filed within 20 days after the day the decision, notice or order
was served and all fees associated with such appeals are submitted
in accordance to the Borough's fee schedule. An application for
appeal shall be addressed to the chairperson of the Borough's
Appeals Board and shall be limited to claims that the true intent
of this chapter or the rules legally adopted thereunder have been
incorrectly interpreted, the provisions of this chapter do not fully
apply, or the requirements of this chapter are adequately satisfied
by other means. Appeals hearings shall be conducted as set forth in
Section 107 of the Property Maintenance Code of the Borough of Lansdowne.
The power of the Commission to enforce this chapter is delegated
to the Code Enforcement Department of the Borough of Lansdowne. The
Code Department may assess penalties of not more than $600 plus costs
of prosecution and, in default of payment of such fine and costs,
of imprisonment for a period not exceeding 30 days for each and every
violation of this chapter or any of the provisions of the Borough
Code of the Commonwealth of Pennsylvania so far as it relates to shade
trees.