[Ord. 1126, 12/8/1997]
The Borough Council.
The Borough Inspector.
Any permit in writing as issued by the Building Inspector
of the Borough of Bristol.
Any natural person, firm, association, partnership or corporation.
Any street, sidewalk or alley open to the public.
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]
No person shall pour salt water, oil or any other material at
any place in such a manner that injury might result to any shade tree.
[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.
