[HISTORY: Adopted by the Borough Council of the Borough of Lincoln Park 11-12-1991 by Ord. No. 1,032 as Ch. 202 of the 1991 Code; amended in its entirety 11-19-2001 by Ord. No. 1,274, effective 12-9-2001. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Land development review — See Ch. 17.
Christmas tree sales — See Ch. 198.
Property maintenance — See Ch. 352 and Ch. 367.
Yard waste — See Ch. 395, Art. III.
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
COMMITTEE
The Shade Tree Committee of the Borough and any of its members and duly authorized agents or employees.
ENFORCEMENT OFFICIAL
The Borough Engineer of the Borough of Lincoln Park, or his designee.
STREET
Any road, avenue, street or highway dedicated to the public use for street purposes, regardless of whether or not it has been formally accepted by the Borough. A street shall be deemed to include all portions lying between the dedicated or established right-of-way lines thereof, such lines being identical with the front property lines of lands abutting the street.
TREE
Any tree, shrub or plant or any root, branch, flower or other part thereof.
A. 
No person shall, without a permit, do any of the following acts in connection with any tree located in any street, highway, public place, park or land owned by the Borough:
(1) 
Cut, prune, break, injure, remove, disturb or interfere with any tree in any way.
(2) 
Spray any tree with any chemical.
(3) 
Fasten any rope, wire, sign or other device to a tree or to any guard about such tree.
(4) 
Remove or injure any guard or device placed to protect any tree.
(5) 
Close or obstruct any open space provided about the base of a tree to permit the access of air, water and fertilizer to the roots of such tree.
(6) 
Place or maintain in any street or park any stone, cement or other sidewalk or other substance which shall impede the free access of air and water to the roots of any tree.
(7) 
Plant any tree in any park or street.
(8) 
Excavate within four feet of any tree.
(9) 
String any wire in or through a public park.
B. 
Application for a permit shall be made to the enforcement official at the office of the Borough Clerk on the prescribed form.
C. 
Whenever, pursuant to any provision of this chapter, the enforcement official shall have the occasion to pass upon an application for a permit, he shall, in determining whether or not to issue such permit, take into consideration the nature, species, size, age and condition of any tree involved, the location thereof in the street or park, the planting, care, protection, maintenance or removal procedure involved, the public safety and welfare and the improvement and advancement of the shade tree plan or program of the Borough.
A. 
No person shall place salt, brine, oil or any other substance injurious to plant growth in any street or park in such a manner as to injure any tree.
B. 
No person shall build any fire or station any tar kettle, road roller, fuel-dispensing truck or other engine in any street or any other place in such a manner that the heat, vapors, fuel or fumes therefrom may injure any tree.
C. 
Every person having or maintaining any gas lines in any street or park shall maintain such lines in such manner as will safeguard the trees against any damage therefrom and shall make periodic adjustments whenever necessary to prevent damage to trees.
D. 
In the erection, alteration or repair of any structure or building, the owner, contractor or other person in charge thereof shall place such guards around all nearby trees as will effectually prevent injury to such trees.
E. 
No person shall use or operate any power shovel, bulldozer or any other implement, machine or tool in such a manner as to damage or destroy any tree.
F. 
No person shall plant any tree so as to interfere with any sidewalk or underground utility.
G. 
Every person having or maintaining any electric, telephone, telegraph or other wires running in or through Borough-owned land or a street or park shall securely fasten and maintain such wires in such a manner as will safeguard all trees against any damage therefrom and shall make periodical adjustments whenever necessary to prevent damage to all trees. Whenever the Borough shall deem it necessary to prune or remove any tree, any person having a wire running in or through any street or park shall temporarily remove such wire within 72 hours after the service upon the owner of the wire or his agent of a written notice to do so. Any utility company, instead of removing such wire, shall have the option of pruning such trees under the supervision of the Committee.
A. 
The Borough finds that indiscriminate and excessive cutting of trees upon tracts of land has resulted in creating increased municipal costs to control drainage within the Borough and further impairs the benefits of occupancy of existing residential property in such areas and impairs the stability and value of both improved and unimproved real property in such areas, with attendant deterioration of conditions affecting the health, safety and general welfare of the inhabitants of the Borough. Therefore, no building permits shall be issued for the construction of one-family dwellings in accordance with final major subdivision approval granted by the Planning Board pursuant to the provisions of Chapter 17, Land Development Review, or for the construction of commercial or industrial buildings unless and until the developer, builder or owner files with the Planning Board, Zoning Board of Adjustment or enforcement official, where applicable, an appropriate plan showing all proposed tree removals in relation to the survey stakes marking out a building foundation, garage, driveway, parking area, recreation area and related areas requiring the removal of trees. The species and conditions of trees shall be checked by the Planning Board, Zoning Board of Adjustment or enforcement official, where applicable, and shall be indicated upon the plan.
B. 
No live tree exceeding three inches in diameter shall be destroyed, except under the following circumstances:
(1) 
The present location of a tree would cause a hardship or create a nuisance or a hazard to the safety and welfare of the public.
(2) 
Trees to be removed are located within the areas to be occupied by buildings, driveways or recreation areas and within a distance of 15 feet around the perimeter of such building, provided that the enforcement official or Planning Board or Zoning Board of Adjustment, where applicable, may specify that certain species of trees within the 15 feet shall remain standing.
(3) 
Cut or fill of land required for proper development is such that it is deemed injurious or dangerous to the trees. The determination of the enforcement official or Planning Board where applicable in this respect shall depend on the species of a tree and degree of injury and shall be indicated on the plan hereinbefore mentioned.
C. 
No material, machinery or temporary solid deposits shall be placed within six feet of any existing tree trunk or stem during the period of construction development.
A. 
All owners, tenants or occupants of property shall remove or cause to be removed any tree or part of a tree located thereon which is determined to be dangerous to public health, safety or welfare within 10 days following written notice thereof by the Borough, which notice shall be delivered to the owner, tenant or occupant of the land upon which the tree is located by certified mail.
B. 
In the event the owner, tenant or occupant shall fail, refuse, or neglect to remove or cause to be removed any such tree within the time period specified, or should the Borough determine that the public safety requires immediate removal, the Borough may undertake such removal itself.
A. 
Where a tree is removed by the Borough because it has become diseased and is dangerous to the public health, safety and welfare in accordance with this chapter, the cost thereof shall be charged against the real estate upon which such tree is removed. Such cost shall be fixed by the enforcement official and shall be paid directly to the Treasurer of the Borough by the owner. In the event that the sum is not paid by the owner within 30 days after demand for the same is made, the same shall be certified by the Treasurer of the Borough to the Collector of Taxes, and such cost shall thereupon become a lien upon the real estate and shall be included in the next tax bill rendered to the owner and shall be collected in the same manner as taxes against the property.
B. 
The provisions of this section shall not apply to the planting planted by the Borough, which planting has become hazardous to the welfare or safety.
Any person aggrieved by the provisions of this chapter shall have the right, within 10 days from the decision of the enforcement official, to appeal to the Borough Council. The Borough Council shall take whatever action it deems necessary in any matter appealed to it.