[Ord. 925, 6/16/2015[1]]
As used in this part, the following terms shall have the meanings
indicated:
Trees, shrubs, bushes, and all other woody vegetation in
named public parks, and in other areas defined as Borough property
to which the public has free access.
Trees, shrubs, bushes, and other woody vegetation located
on verges which lie between public property boundaries and Borough
streets.
[1]
Editor's Note: This ordinance superseded former Ch. 25,
trees, adopted 9/21/2010 by Ord. 875.
[Ord. 925, 6/16/2015]
There is hereby created and established an agency known as the
"Huntingdon Tree Commission" (referred to hereafter as "HTC") for
the Borough of Huntingdon, Pennsylvania. This Commission shall be
made up of a maximum of six members who are citizens and residents
of the Borough and who shall be appointed by the Borough Council for
one or two five-year terms.
[Ord. 925, 6/16/2015]
Species listed in Appendix A[1] of this chapter may be planted as street trees, but each
choice must be determined by agreement between property owners and
the HTC. The list of authorized species may change in response to
community need. Species not listed may be considered with consultation
and approval of the HTC.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
[Ord. 925, 6/16/2015]
1.Â
The specific placement of new trees shall be determined by the Tree
Commission in consideration of verge width, pavement constraints,
existing trees, visibility factors, old stumps, and service lines.
2.Â
Planting intervals are determined by the size class of the trees.
Minimum spacing is 30 feet for small trees (e.g., dogwood); 40 feet
for medium-sized trees (sweetgum), and 50 feet for large trees (elm
or linden). In parks, spacing is dependent entirely upon tree functions
and landscaping plan.
3.Â
No street tree may be planted less than 35 feet from a street corner,
as measured from the corner curb, neither may a tree be planted closer
than 15 feet to a fire hydrant or within 15 feet of a designated driveway.
4.Â
No street tree may be planted that, at maturity, will seriously impact
utility wires or supporting poles, or where the root system is likely
to compromise underground water or sewer transmission lines or other
utilities.
5.Â
"One Call" clearances must be obtained prior to any planting or removal
activity. This precaution is not necessary for aboveground work.
6.Â
A tree park should be a minimum of 10 square feet.
7.Â
Tree park planting size: see § 25-204.
[Ord. 925, 6/16/2015]
1.Â
The Borough shall have the right to plant, prune, maintain and remove
trees, plants and shrubs within the lines of all streets, alleys,
lanes, parks and other public grounds to the degree necessary to maximize
public safety, preserve the health of specimens, or enhance the appearance
of public areas.
2.Â
The Borough may cause to be removed any tree, or part of thereof,
on public or private land, which is determined to be hazardous to
persons or property, is injurious to aboveground or underground utilities,
or which is infected by disease, fungus or infestation.
3.Â
Shape-pruning or protective modification shall be performed only
by members of the Tree Commission, by professional firms under contract
to the Borough, or by Borough crews under the direction of the Borough
Manager.
4.Â
No vines of any type shall be permitted on any street tree.
5.Â
It shall be unlawful for any person, firm or Borough department to
"top" any street tree or park tree on public property. "Topping" is
defined as the severe cutting back of limbs to stubs larger than three
inches in diameter within the tree's crown, and to the degree
that such cutting removes normal canopy or mutilates the tree. When
some draconian action appears to be necessary, tree replacement is
the preferred option.
6.Â
Pruning Clearance Code. Any tree on private land which overhangs
a public right-of-way must be trimmed so that branches will not obstruct
lighting from street lamps, or obstruct visibility at intersections,
or block the view of official signs or moving traffic. Adequate pruning
is also required to permit passage of emergency, maintenance, or other
oversized vehicles. Prescribed vertical clearances are 14 feet above
traffic lanes and eight feet above sidewalks. Where such modification
is necessary, every effort should be made to preserve the natural
form of the tree.
[Ord. 925, 6/16/2015]
Stumps remaining from the removal of street or park trees shall
be removed in a way that facilities site restoration, viz: if there
is to be no tree replacement at the same site, the stump shall be
ground to a sufficient depth that no part shall protrude above pavement
level; or if the same location is to be used for new planting, the
entire root ball shall be removed.
[Ord. 925, 6/16/2015]
The Borough shall have the right to require of property owners the removal of any dead or diseased tree, or part thereof, when the tree constitutes a hazard to person or property or harbors insects or disease that threatens other trees. If the owner's responsibility fails, the Borough has the right to impose enforcement activity: see § 25-108 below.
[Ord. 925, 6/16/2015]
1.Â
New Street Trees. New or replacement trees which are part of a planned
Tree Commission community streetscape program are a cooperative venture.
It will include carefully selected species and will usually involve
consultation with involved property owners, who will contribute 50%
of the purchase of their tree(s).
2.Â
Dead or Damaged Street Trees. If a new street tree (less than two
years) dies of natural causes, it will be replaced by the Tree Commission
at no private cost. If, however, the tree fails as a result of carelessness,
accident, contamination or intentional destruction, all repair or
replacement costs will be assessed to the offender.
3.Â
Property Owner's Request. If a property or business owner requests
that a healthy tree be removed because he finds it undesirable, he
may request a removal permit from the Tree Commission. If, after a
hearing, the formal permit is granted, the owner becomes responsible
for costs of removal of the tree and stump and for appropriate replacement
that meets Borough standards.
4.Â
Pavement Repair. When a public tree is in conflict with pavement
repair, the contractor should contact the Tree Commission in advance
to evaluate appropriate options. Costs associated with the approved
procedure shall be included in the pavement contract. A tree park
opening should be included when placing, replacing or repairing sidewalk.
5.Â
Trees dead or dying due to natural causes, i.e., age, disease, etc.,
shall be removed. Payment for removal shall be assessed on an individual
case-by-case basis (and determined by Borough Council).
[Ord. 925, 6/16/2015]
It shall be unlawful for any person to prevent, delay, or interfere
with the Huntingdon Tree Commission, or any of its agents, while they
are engaged in planting, cultivation, pruning, treatment, or removal
of street or park trees (or trees on private ground when authorized
by the Borough Council). Any legal action brought against HTC members
who are performing their authorized duties shall obligate defense
from all judgments by Borough Council.
[Ord. 925, 6/16/2015]
1.Â
Any person or firm engaged in business for profit, which undertakes
the pruning, treating or removing of street or park trees within the
Borough, must apply for and procure an appropriate license. The license
fee shall be set by Borough Council and shall be payable in advance.
2.Â
Before any license shall be issued, the applicant shall file evidence
of possession of liability insurance in at least the minimum amounts
established by the Borough for bodily injury and property damage.
Provision must be made for indemnifying the Borough or any injured
person or for property damaged during the arborist's activity.
[Ord. 925, 6/16/2015]
[Ord. 925, 6/16/2015]
