The Borough recognizes that properly planted, maintained and
protected shade trees add to the esthetics, health, and welfare of
the citizens of the Borough. Therefore, it shall be the intent of
this chapter 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 the trees, protect shade trees and provide
guidelines for the removal and replacement of shade trees.
In addition to the foregoing general provisions, the following
special provisions shall apply to shade trees located in the retail-commercial
districts of the Borough.
A. A minimum sidewalk opening of four feet square shall be required
for each shade tree. The opening shall be paved with a flush, smooth,
hard surface such as brick or concrete pavers laid on sand.
B. Only the following types of trees may be planted in the right-of-way:
hybrid red maples, lindens, thornless honey locusts, pears and elms.
The planting of any other type of tree shall require permission from
the Commission.
C. Whenever a shade tree is removed in a Retail Commercial District,
the shade tree shall be replaced in accordance with this chapter.
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.
D. The Commission shall annually inspect all shade trees within the
Retail Commercial District and shall file a report with the Borough
Council on the condition of the trees and needed maintenance. The
inspection shall be done in late summer and the report filed by the
first day of October.
Resolution of Borough Council shall set fees for permits from
time to time.
No person, partnership, corporation, trust or other entity shall
without permission or good causes injure or destroy any tree in the
custody or control of the Commission.
Any person, partnership, corporation, trust, or other entity
who or which fails to comply with or violate or violates any of the
provisions of this chapter or directive issued thereunder or who take
part in or aid or abet or assist in any way in such violation whether
through action, inaction, negligence or otherwise, shall be liable
upon conviction for each offense in a summary proceeding before any
Alderman, district magistrate, or Justice of the Peace pay a fine
or penalty to the Borough for the use of the Shade Tree Commission
in an amount of not less than $10 nor more than $300, or be sentenced
to imprisonment in the county prison for a period not exceeding 30
days as provided by law. Each day on which any violation of this chapter
continues shall constitute a separate offense.
The Borough Council may make the services of the Borough Solicitor,
Engineer, or other employees available to the Commission when necessary.
This chapter shall become effective 30 days after the date of
approval by Borough Council.