[Ord. 1126, 12/8/1997]
COUNCIL
The Borough Council.
INSPECTOR
The Borough Inspector.
PERMIT
Any permit in writing as issued by the Building Inspector of the Borough of Bristol.
PERSON
Any natural person, firm, association, partnership or corporation.
PUBLIC HIGHWAY
Any street, sidewalk or alley open to the public.
SHADE TREE
Any tree, shrub or other woody plant on any public highway in the Borough of Bristol, or that part of any tree, shrub or other woody plant which extends within the lines of any public highway.
[Ord. 1126, 12/8/1997; as amended by Ord. 1187, 4/12/2004]
The property owner shall be responsible to remove any damaged, diseased or dead trees upon property owned by them or along streets, alleys or sidewalks abutting their property. In addition, if any shade tree is causing damage to the surrounding sidewalk or curbing thereby creating a danger to the public, the property owner shall be required to remove the tree. Any property owner who shall fail to remove such trees shall be in violation of this Part. If the property owner fails to remove the tree or trees after notification by the Borough, the work may be completed by the Borough and the cost of removal plus 10% for administrative costs shall be liened against the property. All tree removals shall require a permit to be issued by the Borough upon proper application by the property owner. In all cases where shade trees are removed by the property owner, a replacement tree shall be planted in the same location at the property owner's expense in accordance with the terms of this Part.
[Ord. 1126, 12/8/1997]
The application for any permit required hereunder shall be made in writing to the Inspector. It shall specify the particular kind of work or operation the applicant desires to perform thereunder and shall state the exact location and the species of any tree affected. It shall be the duty of the Inspector to submit every such application promptly to the Council for approval or disapproval. The permit shall be effective for such length of time as the Council shall in each case determine, and such time shall be indicated on the permit. Any such permit may be revoked at any time upon proof satisfactory to the Council that any of the terms or conditions upon which such permit was issued are or have been violated. The Council, in its discretion, may, as a condition precedent to the issuance of the permit, require the applicant to file a bond satisfactory to the Council or to deposit security satisfactory to it to guarantee the compliance by the applicant with the terms and conditions upon which such permit is issued.
[Ord. 1126, 12/8/1997]
No person shall plant any shade tree in the Borough of Bristol until such a permit therefor is granted, such permit to designate where such tree is to be planted. The Council may refuse a permit to plant any species of tree which in its opinion is not suited to the location.
[Ord. 1126, 12/8/1997]
All shade trees planted in and among any of the public highways in the Borough of Bristol shall be set so as to form as nearly as possible a straight and uniform line with the other shade trees growing upon the same highway. Said trees shall be planted or set from 25 feet to 30 feet apart where practicable and shall be sound, straight and symmetrical. Every such tree shall be planted in a pit three feet square filled with good top soil otherwise enriched, and shall have an open space of ground outside the trunk of said tree with an area where practicable of not less than four feet square for the free entrance of water and air to the roots thereof. In order to secure uniformity and best results, all shade trees hereafter planted in or along any of the public highways in the Borough shall be trees approved by the Council.
[Ord. 1126, 12/8/1997]
1. 
All shade trees shall be kept trimmed, by the owner of the property on or in front of which they are located:
A. 
So as not to interfere with the proper lighting of public highways by the street lights.
B. 
So that the minimum clearance of any public highway of any overhanging portion thereof shall be nine feet. Provided: the Council shall have the authority to designate a higher clearance on any public highway, where heavy traffic or other conditions make it expedient.
2. 
If any property owner shall neglect or refuse to trim any shade tree as required by this section, upon notice in writing by the Council, within the time limit specified in such notice, the Council may cause such trimming to be done at the expense of such owner, and the entire cost thereof shall be a lien upon said premises, and a claim therefor shall be filed and collected by the Borough Solicitor in the same manner as municipal claims are filed and collected.
[Ord. 1126, 12/8/1997]
No person shall, without first obtaining a permit therefor, cut, break, climb with spurs, injure in any manner or remove any shade tree; or cut down or interfere in any way with the main roots of any shade tree; or spray any shade tree with any chemical or insecticide; or place any rope, guy wire, cable, sign, poster or any other fixture on any shade tree or guard for any shade tree; or injure, misuse or remove any device placed to protect any shade tree, except in case of immediate necessity for the protection of life and property.
[Ord. 1126, 12/8/1997]
No person shall, without first obtaining a permit, place or hereafter maintain any stone, cement or any other substance which shall impede the passage of water and air to the roots of any shade tree unless such person shall have an open space of ground surrounding the trunk of such tree, such space to be not less than four feet square.
[Ord. 1126, 12/8/1997]
In connection with any building operation or performance of any work whatsoever in the Borough in the vicinity of any shade tree, before any work shall be commenced, guards shall be placed at all shade trees which might be affected by such work so as effectually to prevent injury to them.
[Ord. 1126, 12/8/1997; as amended by Ord. 1295, 9/9/2013]
Any person, firm or corporation who shall violate any provision of this Part, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part continues or each section of this Part which shall be found to have been violated shall constitute a separate offense.