[HISTORY: Adopted by the Borough Council of the Borough of
Mount Gretna as indicated in article histories. Amendments noted where
applicable.]
[Adopted 7-13-2015]
Mount Gretna Borough is surrounded by lush forests and trees
of varying age and condition. Through past experience, circumstances
exist when trees either become diseased for various reasons or emergency
situations arise involving dangerous trees. Diseased trees and emergency
situations involving dangerous trees serve as a threat to the public
health, welfare and safety of landowners, buildings and other surrounding
trees, thus necessitating a uniform procedure for their removal. The
purpose of this article is to provide uniformity for the removal of
these public health, welfare and safety threats and to set forth the
penalties for violation of this article.
As used in this article, the following terms shall have the
meanings indicated:
Mount Gretna Borough.
The duly elected governing body of Mount Gretna Borough,
Lebanon County, Pennsylvania.
Any tree that is afflicted with a disease that threatens
the public health, welfare and safety of landowners, buildings or
other surrounding trees.
A situation involving a dangerous tree that serves as a clear,
present and immediate threat to the public health, welfare and safety
of landowners, buildings or other surrounding trees.
The legal owner of a property, whether an individual, firm,
association, partnership or corporation.
Cutting down a diseased tree or a dangerous tree in an emergency
situation and disposing of said tree as authorized by the Borough.
A plant having a permanently woody main stem or trunk, ordinarily
growing to a considerable height, and usually developing branches
at some distance from the ground.
A.
Except as set forth in § 176-4 of this article that pertains to emergency situations, if the Mount Gretna Director of Public Works believes that a particular Tree is diseased, upon written notice, a landowner shall have 30 days to cut and remove the diseased tree.
B.
Within 10 days following receipt of written notice, the landowner
may appeal the Mount Gretna Director of Public Works' determination
by filing a protest with the Secretary of the Borough, whereupon at
the next scheduled public meeting, Borough Council shall reconsider
the Mount Gretna Director of Public Works' determination after hearing
such matters as may be presented by the landowner. The Secretary of
the Borough shall ensure that the affected landowner is provided with
written notice of the time, date and location of the next scheduled
public meeting of Borough Council. If a majority of members of Borough
Council reaffirms the initial determination of the Mount Gretna Director
of Public Works that a diseased tree must be removed, the landowner
shall be afforded 15 days from the date of Borough Council's written
decision to cut and remove the diseased tree. The decision by Borough
Council shall be final.
C.
Upon failure of any landowner to comply with the requirements as to the cutting and removal of any diseased tree after the time given following a Borough Council meeting as set forth in Subsection B, or after the time given in the original written notice provided for in Subsection A has elapsed without protest by the landowner, Borough Council may cause the necessary work to be done by a Borough employee or a contractor and levy and collect the cost thereof from the landowner.
Notwithstanding any other provision of this article, the Borough
shall have the right, but not the obligation, to perform any acts
necessary to eliminate an emergency situation involving a dangerous
tree that serves as a clear, present and immediate threat to the public
health, welfare and safety of landowners, buildings or other surrounding
trees or parts thereof. The Mount Gretna Director of Public Works
shall provide written notice of the emergency situation and afford
the landowner five days to eliminate the emergency situation by removing
the dangerous tree. After five days, the Borough shall have the right
to eliminate the emergency situation by removing the dangerous tree.
If any such emergency situation is the result of any landowner's action
or inaction, the Borough will assess the costs of such summary abatement
against that landowner. If, in the opinion of the Mount Gretna Director
of Public Works, the emergency situation is of such an immediate danger,
the written notice to the landowner, as set forth herein, is hereby
waived.
Whenever it is necessary for the Borough to have removed diseased trees by reason of the failure of the landowner to do so as either set forth in § 176-3A or B of this article, whichever applies in a particular case, or whenever it is necessary for the Borough to terminate an emergency situation as set forth in § 176-4 if any such emergency situation is the result of any landowner's action or inaction, the Borough may levy and collect the costs of removing the tree from the landowner. The cost of such work shall be a lien upon the premises from the time of the commencement of the work, which date shall be fixed by the Mount Gretna Director of Public Works and shall be filed with the Borough Secretary. Any such lien may be enforced by the filing of a municipal lien in the Court of Common Pleas of Lebanon County. A municipal lien shall include the costs of removing the tree, any additional administrative costs and attorneys' fees. The Borough Secretary shall cause 30 days' written notice to be given to persons against whose property an assessment has been made, which notice shall state the amount of the assessment, the time and place of payment and certificates from the Borough Council and Mount Gretna Director of Public Works as to the work performed. In the event of nonpayment within 30 days thereafter, the same may become a municipal lien.
The Borough employees or its designated contractor shall have
full power and authority to enter upon any property within the Borough
for the purpose of inspection of or ascertaining the existence of
any diseased tree or an emergency situation necessitated by a dangerous
tree that serves as a clear, present and immediate threat to the public
health, welfare and safety of landowners, buildings or other surrounding
trees and to cause the cutting and removal of said trees.
[Adopted 4-8-2024 by Ord. No. 232]
At the time of the application for a building permit, the property
owner shall set forth upon a plot plan the proposed location of any
structure to be constructed, trees which will be removed within the
footprint of the structure(s), trees to be removed as a result of
the construction, and a plan to replant trees with native trees to
be approved by Mount Gretna Borough Council in the construction zone
after the completion of the building, which replanting shall occur
within 24 months of the completion of the construction of the proposed
structure.
Prior to the removal of any trees or shrubs by a property owner,
except as otherwise set forth in this article, the owner shall request
the Mount Gretna Borough Office, prior to removal of any trees or
shrubs, to confirm ownership of the property where the tree or shrub
is to be removed.
A.
The property
owner may provide a property survey to the Borough, and in the absence
of a survey, a determination shall be made by the Director of Public
Works in cooperation with the chair of the Grounds and Tree Committee
of the Pennsylvania Chautauqua if the trees or shrubs to be removed
are on the property owner's private property or on property of Mount
Gretna Borough or the Pennsylvania Chautauqua.
B.
When it
is unclear whether the tree or shrub to be removed is located on private
or public ground or if the property owner contests the determination
of ownership, the property owner shall pay for a survey to obtain
a final determination.
C.
If a survey
determines the Director of Public Works was incorrect, the property
owner will be held harmless and will be reimbursed for the survey
by the owning entity.
D.
When the
tree or shrub is located on the property line of Mount Gretna Borough
or the Pennsylvania Chautauqua and the property owner, the survey
cost shall be shared equally between the parties.
A.
This article
shall be enforced by action before a Magisterial District Judge in
the same manner provided for the enforcement of summary offenses under
the Pennsylvania Rules of Criminal Procedure. The Borough Solicitor
may assume charge of the prosecution.
B.
Any person,
partnership, corporation, or other entity who or which violates or
permits a violation of the provision of this article shall, upon conviction
in a summary proceeding, pay a fine of not less than $200 nor more
than $1,000 per violation, plus all court costs and reasonable attorney's
fees incurred by the Borough in the enforcement proceedings. Said
court costs shall include any administrative fees incurred by Mount
Gretna Borough in enforcement of this action. Each day, or a portion
thereof, that a violation exists or continues shall constitute a separate
violation.
C.
Nonexclusive
remedy. The penalty provision set forth herein shall not limit the
appropriate officers or agents of the Borough to seek legal or equitable
relief in the Court of Common Pleas of Lebanon County, including an
injunction to enforce compliance with this article.
