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 chapter to establish a Shade Tree Commission for the Borough
of Spring Grove; to define the mission of that Commission and establish
rules and regulations to encourage the planting of appropriate shade
trees; to provide for the proper maintenance of the trees, protect
shade trees and provide guidelines for the removal and replacement
of shade trees.
For the purpose of this chapter the following terms, phrases,
words and their derivations shall have the meaning given herein. When
not inconsistent with the contexts, words used in the present tense
include the future, words in the plural include the singular and words
in the singular included the plural. The word "shall" is mandatory
and not merely directory.
BOROUGH
The Borough of Spring Grove, York County, Pennsylvania.
COUNCIL
The duly elected or appointed members of the Borough Council
of the Borough of Spring Grove.
COMMISSION
The duly appointed members of the Shade Tree Commission of
the Borough of Spring Grove.
LARGE TREES
Those attaining a height of 45 feet or more.
PERSON
Any person, firm, partnership, association, corporation,
company or organization of any kind.
PROPERTY OWNER
The person owning such property as shown by the County Assessor's
Plat of York County.
PUBLIC STREET OR HIGHWAY
The entire width of every public way or right-of-way when
any part thereof is open to the use of the public, as a matter of
right, for purposes of vehicular and pedestrian traffic.
PUBLIC PLACES
Includes all other grounds owned by the municipality of the
Borough of Spring Grove, York County, Pennsylvania.
RIGHT-OF-WAY
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 or by the Borough as a public right-of-way.
SHADE TREE
Any tree, shrub or other woody plant which is planted in
any right-of-way or has at least 1/2 of its trunk, branches or roots
extending into any right-of-way.
Fees for permits shall be set from time to time by resolution
of Borough Council.
Any person, firm or corporation who or which shall violate any
provision of this chapter shall, upon conviction thereof, be guilty
of a summary offense and may be sentenced to pay a fine of not more
than $600 and costs and/or undergo imprisonment not to exceed 90 days.
Every day that a violation of this chapter continues shall constitute
a separate offense.
The trimming and removal of trees is a governmental public service
on the part of the Borough and shall not be considered a liability
for performance or nonperformance.
If any sentence, clause, section or part of this chapter is
for any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality or invalidity shall not affect or
impair any of the remaining provisions, sentences, clauses, sections
or violation of this chapter.