[Ord. 558, 9/11/1973, Preamble; as amended by Ord. 612, 11/11/1980,
§ 1]
WHEREAS, the General Plan of In-Lots of the Borough of Beaver
was laid out by Daniel Leet, Surveyor, by direction of the Governor
in 1792, as recorded in the Recorder's office in and for said
County of Beaver in plan Book Vol. 1, page 60, showing the streets
and alleys within the In-Lots Plan; and
WHEREAS, certain other plans have been added to said In-Lots
Plan and the borough limits encompassing said plans have been extended
to Fair Avenue in the east, Sassafras Lane on the west, and the Townships
of Vanport and Brighton Township on the north; and
WHEREAS, in the improvements of the streets and alleys in said
Plans, whether in the In-Lots Plan or in any other plan within the
Borough of Beaver, in many cases pavement was made of only a portion
of the width of the street as shown in said Plan and curbs were set
at the limits of said pavement so that a certain portion of the street,
unimproved in many cases, lies between the curbline and the property
line of the owners of lots within said Plan, which said unimproved
portion of the street is commonly known as "the Borough strip" and
which, although owned by the Borough, is generally used as a yard
area by the landowners adjacent thereto; and
WHEREAS, it is deemed advisable to set forth the duties of the
adjoining landowners as to trees growing upon or to be planted upon
said Borough strips or on other Borough property used by adjoining
landowners.
[Ord. 558, 9/11/1973, § 1; as amended by Ord. 612,
11/11/1980, § 2]
Landowners within the Borough of Beaver, whether within the
In-Lots Plan or in any other plan within the Borough (hereinafter
in this Part 1 referred to as landowner), shall be responsible for
the care and maintenance and, if required as set forth in this Part
1 shall be responsible for the removal of trees growing within the
Borough strip lying between their property line and the adjacent curbline
of the improved street or alley upon which their property abuts.
[Ord. 621, 12/14/1983]
1.
It shall be the duty of the owners of all real estate located in
the Borough to trim and keep trimmed all trees and shrubs located
upon their property or upon or along the abutting street or sidewalk
or upon any portion of the Borough strip so that:
A.
There shall at all times be a clear space of at least 14 feet between
the lowest portion of every such tree or shrub and the surface of
the cartway of the street below;
B.
There shall at all times be a clear space of at least eight feet
between the lowest portion of every such tree or shrub and the surface
of the sidewalk below;
C.
No portion of any such tree or shrub shall extend horizontally onto
the cartway of any street at any point less than 14 feet above the
surface of that street, or onto any sidewalk at any point less than
eight feet above the surface of that sidewalk.
2.
It shall be the duty of the owners of all real estate located in
the Borough or owners of such property adjacent to the Borough strip,
to trim and keep trimmed, or to remove all vegetation that is growing
in such a manner as to impede passage on any abutting cartway or sidewalk,
whether on that real estate or on the adjacent Borough strip.
3.
It shall be the duty of the owners of all real estate located in
the Borough or owners of property adjacent to the Borough strip, to
remove all trees, shrubs or other vegetation, and their roots, that
are growing in such a manner as to cause the upheaval or disturbance
of an abutting street or sidewalk, and, as directed by Council, then
to make or pay for the necessary repairs or reconstruction work to
eliminate the disturbance or upheaval, whether on that real estate
or on the adjacent Borough strip.
4.
Any failure to perform any duty required by this section shall constitute
a violation of this part.
[1]
This section was not a part of Ordinance 558 but has been
added during codification to further clarify Borough expectations.
[Ord. 558, 9/11/1973, § 2]
A landowner, at his own expense, shall care for and maintain
such trees on his property or on adjoining Borough strip, so as to
keep them free from disease, free of damaged or dead limbs, and free
from any other condition which may constitute a hazard to persons
or property lawfully on the public street or sidewalk or entry walk.
[Ord. 558, 9/11/1973, § 3]
It shall be the duty of an inspector, to be periodically appointed
by the Borough, to determine at intervals of not less than six months,
whether the trees growing on the Borough strip are in good condition
or whether they constitute a hazard to persons or property lawfully
upon the public street, sidewalk, or upon the entry walk across said
Borough strip. He shall, in the event an inspection discloses a hazardous
condition of any tree, determine whether such hazard can be corrected
by pruning or other treatment or whether the condition requires the
removal of such tree.
[Ord. 558, 9/11/1973, § 4]
1.
Upon such determination being made, the Borough shall notify the
landowner of the condition found by its inspector and shall also notify
him of the nature of the work required to be done to abate the hazard,
or, if it is deemed necessary by the inspector, shall notify the landowner
that he is required to remove the tree.
2.
The Borough shall also notify the landowner of the time in which
such removal or repair work shall be completed which shall not be
less than 30 days.
[Ord. 558, 9/11/1973, § 5]
Upon receipt of that notice, the landowner shall, within the
time limit, complete the repair or removal of the tree and within
two days after the completion of that work notify the Borough of the
completion so that inspection may be made to determine that the hazard
is abated or removed.
[Ord. 558, 9/11/1973, § 6]
The landowner may make such repairs as he may desire to trees
on the Borough strip, or may remove those trees, provided only that
at least five days prior to making repair or removal, he notify the
Borough of his intention, to allow the Borough inspector to determine
whether protection of persons or property on the public street, sidewalk,
or entry walk is required. If it is determined that protection is
required, the landowner shall be notified of the required protection
and shall not repair or remove trees until that protection is furnished.
[Ord. 558, 9/11/1973, § 7]
Upon removal of a tree, upon the Borough strip, voluntarily
or pursuant to notice, the landowner shall notify the Borough of the
intention he has regarding replacement, or whether no replacement
is contemplated, and shall specify the type or species of tree to
be supplied and the time and place of planting.
[Ord. 558, 9/11/1973, § 8]
It shall be unlawful to injure any tree now growing on any Borough
property.
[Ord. 558, 9/11/1973, § 9]
It shall be unlawful for any person or company to attach to
any such tree any wire, other than as required for support of the
tree, without permission of the Borough.
[Ord. 558, 9/11/1973, § 10]
No tree shall be planted or maintained in a position which impedes
or cuts off view of street or sidewalk from an intersecting street
or sidewalk.
[Ord. 558, 9/11/1973, § 11]
Anything in this Part 1 to the contrary notwithstanding, the
Borough shall have the right to enter upon said Borough strip or upon
adjacent property and prune or otherwise shape trees on it for the
purpose of removing hazards to the fire alarm call system which extends
through the Borough.
[Ord. 558, 9/11/1973, § 12]
No person, other than agents of the Borough or the landowner, upon direction of the Borough or after giving notice as provided in § 25-108, shall have the right to trim or shape trees within the Borough strip.
[Ord. 558, 9/11/1973, § 13]
In the event that a landowner, who has been notified under § 25-106, to abate a hazard or do other work to repair or remove a tree, and has failed or neglected to do so for a period of 30 days following the notice given him so to do, the Borough may complete those repairs or removal of the tree and charge the cost thereof to the landowner, said cost or expense of repair or removal to be collected by a suit against the landowner before a district justice for the recovery of the repairs or removal of the tree.
[Ord. 558, 9/11/1973; as amended by Ord. 621, 12/14/1983]
Any person, firm or corporation who shall violate any provision
of this Part 1 shall, upon conviction thereof, be sentenced to pay
a fine of not more than $300; and/or to imprisonment for a term not
to exceed 90 days. Every day that a violation of this Part 1 continues
shall constitute a separate offense.
[Ord. 676, 7/11/1995, § 201]
1.
The purposes of this Part are to:
A.
Preserve natural, scenic, historic and esthetic values of the environment
in accordance with Article 1, § 27, of the Constitution
of the Commonwealth of Pennsylvania.
B.
Promote and protect public health and general welfare, as trees produce
cleaner air by removing carbon dioxide and generating oxygen, and
provide a habitat for birds that consume insects.
C.
Conserve and enhance the basic character of the community and the
value of property therein by making the Borough an attractive place
to live.
[Ord. 676, 7/11/1995, § 201]
1.
Creation. A Shade Tree Commission is hereby established.
2.
Membership. The Commission shall have three members who shall be
appointed by the Borough Council. In addition, the Commission shall
have two alternate members, either or both of whom shall be eligible
to act whenever a regular member is absent.
3.
Term of Office. A member of the Commission shall serve for a term
of five years, except that one original member shall be appointed
to a term of four years and one original member shall be appointed
to a term of three years. Alternate members shall serve for a term
of three years. Vacancies in the office of Commissioner will be filled
by the Borough Council for the unexpired portion of the term. A member
shall remain in office until his or her successor is appointed or
until removed by the Borough Council.
4.
Compensation. A member of the Commission shall serve without any
compensation.
[Ord. 676, 7/11/1995, § 203]
1.
The Shade Tree Commission shall have the following responsibilities
and authority:
A.
To propose regulations as to the planting, replanting, maintenance
and removal of shade trees.
B.
To enforce such regulations as are approved by the Borough Council.
C.
To generally oversee the care and protection of the shade trees of
the Borough.
E.
To plant, transplant and remove shade trees along the public streets
of the Borough.
F.
To ascertain and to certify to the Council and the Borough Treasurer
the amount of the costs of planting, transplanting or removing shade
trees along public streets and such other related work as may be done
by the Commission.
G.
To report annually and in full to the Council on all its transactions
and expenses for the preceding fiscal year.
[Ord. 676, 7/11/1995, § 204]
The Commission shall have the authority to assess penalties
for the violation of approved regulations relating to shade trees.
The maximum amount of any such penalty shall be $600
[Ord. 676, 7/11/1995, § 205]
No regulation proposed by the Commission shall be in force until
it has been approved by the Borough Council and enacted as an ordinance.
[Ord. 676, 7/11/1995, § 206]
This Part is enacted pursuant to §§ 2721-2730
and 2741-2743 of the Borough Code.
[Ord. 676, 7/11/1995, § 207]
This Part shall become effective immediately.
