[Ord. 782, 9/18/1997, § 1]
This Part shall be known as the "Shade Tree Ordinance of the
Borough of Elizabethtown."
[Ord. 782, 9/18/1997, § 2]
In interpreting this Part, the present tense includes the future;
the singular number includes the plural and the plural the singular
and the word person includes natural person, partnership, firm, association
and corporation.
The duly incorporated Borough of Elizabethtown.
The duly appointed members of the Borough Council of the
Borough of Elizabethtown.
The duly appointed members of the Shade Tree Commission of
the Borough.
The area of any public street, road, highway or other publicly
held thoroughfare within the corporate limits of the Borough that
has been designated by law as a public right-of-way.
Any tree, shrub or other woody plant which is planted in
any right-of-way or has at least 1/2 of trunk, branches or roots extending
into any right-of-way.
[Ord. 782, 9/18/1997, § 3]
The Borough recognizes that properly planted, maintained and
protected shade trees add to the aesthetics and health and welfare
of the citizens of the Borough. Therefore, it shall be the intent
of this Part to establish a Shade Tree Commission for the Borough,
define the mission of that Commission and establish rules and regulations
to encourage the planting of appropriate shade trees, provide for
the proper maintenance of trees, protect shade trees and provide guidelines
for the removal and replacement of shade trees.
[Ord. 782, 9/18/1997, § 4]
1.
A Shade Tree Commission is hereby established consisting of three
members who are citizens of the Borough. Each member shall serve a
term of five years.
2.
The Shade Tree Commission shall have the power to enforce the provisions
of this Part as provided by law.
3.
The Shade Tree Commission shall, when called upon, act as an advisory
panel to Borough Council on all Borough matters having an environmental
impact on the Borough including, but not limited to, land development,
park development or improvements and downtown revitalization projects.
The Shade Tree Commission shall report to Borough Council through
the Borough Manager.
[Ord. 782, 9/18/1997, § 5]
1.
The maintenance, care or removal of any shade tree, as defined herein,
and required compliance with any provision of this Part shall be the
responsibility of the property owner on whose property the tree is
located or whose property abuts the right-of-way in which the shade
tree is located.
2.
No person shall plant a shade tree within any public right-of-way
within the Borough except as detailed herein under Central Business
District provisions. Shade trees existing at the date of adoption
of this Part may continue to be maintained. In the event of the removal
of a shade tree existing in the right-of-way, a replacement tree shall
not be planted in the same location.
3.
All mature shade trees shall be kept trimmed to a minimum branching
height of 10 feet into right-of-way, except that the Commission may
require greater height clearances to eliminate traffic or other hazards.
4.
Whenever, in the opinion of the Commission, a health or safety hazard
exists caused by a shade tree, the Commission may issue a written
order to the responsible property owner to take action to correct
the condition within 10 days of the date of the order. If after written
notification, the responsible property owner fails to take corrective
action, the Borough shall have the required work accomplished to correct
the health or safety condition and shall bill the responsible property
owner. Failure to remit by the responsible property owner may result
in a lien placed against the property by the Borough.
5.
If, in the opinion of the Commission, there is any diseased tree
on any property within the Borough, the Commission may issue a written
order to the responsible property owner to cut and remove the diseased
tree within 30 days. If after written notification, the responsible
property owner fails to remove the tree, the Borough shall have the
tree removed and shall bill the responsible property owner. Failure
to remit by the responsible property owner may result in a lien placed
against the property by the Borough.
6.
The Shade Tree Commission may hire any person or firm having special
knowledge of plant, shrub or tree diseases to assist in determining
the existence of diseased trees within the Borough.
7.
Any expenses or costs incurred by the Borough or by the Shade Tree
Commission shall be paid out of the general funds of the Borough.
8.
The Shade Tree Commission, its agents or employees, shall have full
power and authority to enter upon any property within the Borough
for the purpose of inspection of or ascertaining the existence of
any diseased tree and to cause the cutting and removal of any diseased
tree.
[Ord. 782, 9/18/1997, § 6]
In addition to the foregoing general regulations, the following
special provisions shall apply to shade trees located in the Central
Business District:
A.
The Commission shall annually inspect all shade trees within the
Central Business District and shall file a report with the Borough
Council on the condition of the trees needed maintenance.
C.
Whenever a shade tree is removed in the Central Business District,
the shade tree shall be replaced in accordance with this Part. All
removed shade trees shall be replaced except when a change in street
construction or land development makes it impossible or would cause
the replacement to be a safety or health hazard. A decision not to
replace a removed shade tree must be approved by the Commission.
[Ord. 782, 9/18/1997, § 7]
1.
The Commission shall annually inspect all trees in the parks of the
Borough and on all open space and recreational areas owned by the
Borough, and shall file a report with Borough Council on the condition
of the trees and needed maintenance.
2.
Any new planting proposals shall be reviewed by the Commission and
the Commission shall make recommendations on the type of tree that
should be planted.
[Ord. 782, 9/18/1997, § 9; as amended by Ord. 829,
11/15/2001]
Any person, firm or corporation who shall violate any provision
of this Part shall be, upon conviction thereof, sentenced to pay a
fine of not more than $600 plus costs 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 of this Part continues shall constitute
a separate offense.
