MUNICIPAL LANDS — As used in this chapter shall
mean lands owned by or under the jurisdiction or control of the Borough,
including any lots, parks, easements, or right-of-way for streets,
sidewalks or municipal utilities such as sanitary sewers and storm
sewers.
As used in this chapter shall mean any individual; partnership;
corporation, whether for profit or non-profit; association, whether
incorporated or unincorporated; or public utility company.
As used in this chapter shall mean shade tree or ornamental
tree.
The shade tree commission of the Borough has jurisdiction of
the trees on municipal lands covering an area ten feet inside of the
normal curb line or edge of road.
If any tree or part thereof and beyond but adjacent to this
area becomes dangerous to the public safety, the property owner at
this location shall remove such tree or required part thereof forthwith
upon written notice of the shade tree commission.
No person, shall do or cause to be done any of the following
acts upon municipal lands within the Borough without a written permit
from the shade tree commission:
(a)
Cut, trim, break, climb, disturb the roots of, or otherwise injure
or spray with any chemical or remove any living tree, shrub, or injure,
misuse or remove any structure or device placed to support or protect
such tree or shrub.
(b)
Plant any tree or shrub.
(c)
Fasten any rope, wire, electrical attachments, sign or other device
to a tree or shrub, or any guard about such tree or shrub.
(d)
Close or obstruct any open space provided about the base of a tree
or shrub that will obstruct the access of air, water or fertilizer
to the roots of such tree or shrub.
(e)
Pile any building material, debris, or make any mortar or cement,
within ten feet of a tree or shrub.
(f)
Build or place any stone or concrete sidewalks within 15 inches from
any tree measured at the existing grade level of main trunk.
Any person having control over any wire for the transmission
of electrical current or telephone service on public municipal land
in the Borough shall at all times guard all trees through which, or
near which, such wire passes, against any injury from the wire or
from the electric or phone service carried by it. The device or means
used shall in every case be subject to approval by the shade tree
commission.
No person shall excavate around any tree upon municipal lands
within a distance of three feet from the main trunk measured at grade
level or ten (10) inches for each one inch diameter trunk measured
at grade level, whichever is the greater.
No person shall pour or permit to come in contact with the trunk
or roots of any tree or shrub upon any municipal lands in the Borough
any oil, gas or other substance injurious to plant life, nor place
or permit to be placed within 20 feet a contrivance containing the
same.
No person shall prevent or interfere with any lawful work undertaken
by the shade tree commission of the Borough or its authorized agent.
[Ord. No. 24-74, § 1]
No tree upon municipal lands shall be removed until a permit
has been obtained. Applications for permits shall be made in triplicate
and submitted to the shade tree commission. Each application shall
state the name, address, and telephone number and give the location
and reason for the removal. The shade tree commission will then take
such a request under advisement and notify the applicant.
