[HISTORY: Adopted by the Borough Council of the Borough of
Vandergrift 10-4-2010 by Ord. No.
5-2010. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated, unless a different meaning clearly appears from
the context:
An individual, corporation or any entity.
The act of cutting down a tree or a substantial portion of
the tree, with or without stump removal, which reduces the foliage
by 80% or more or which leaves behind any part or portion of the trunk
of the tree without foliage or with minimal foliage.
Any tree located along or on any public property or any street
or highway within the Borough right-of-way and within the jurisdictional
boundaries of the municipal corporation known as Vandergrift Borough.
The indiscriminate cutting of tree branches to stubs or lateral
branches that are not large enough to assume the terminal role, and
may also be referred as heading, tipping, hat racking and rounding
over, or any action of trimming for the purpose of removal of branches
for the purpose of reducing the size of the tree.
The Council of Vandergrift Borough shall act in accordance with
the powers and duties conferred upon the Borough Council by virtue
of 53 P.S. § 47721[1] in that the Council of Vandergrift Borough shall not elect
by ordinance a shade tree commission, and the Council of Vandergrift
Borough shall exercise all rights and perform the duties and obligations
imposed by the Borough Code.
[1]
Editor's Note: The statute governing shade tree commissions,
53 P.S. § 47721, was repealed by 2014, April 18, P.L. 432,
No. 37.
No person or persons, except those authorized by Vandergrift
Borough or conducting official business for Vandergrift Borough, shall
remove, trim or maintain any shade tree located along or on any public
property or any street or highway in Vandergrift Borough. Any and
all removal or trimming or maintenance of trees shall be conducted
by Vandergrift Borough and pursuant to the Borough Code; the Borough
reserves the right to impose any and all costs upon the owners of
abutting real estate.
A.
Any person or persons violating any provision of this chapter shall
be cited and, upon conviction thereof, shall pay a fine of $600 per
violation and, in addition thereto, shall pay restitution, which may
be ordered by a Magisterial District Judge in an amount not greater
than the civil jurisdictional limits specified in 42 Pa.C.S.A. § 1515(a)(3),
subject to the determination of the Magisterial District Judge as
to the dollar amount of restitution to be paid to Vandergrift Borough,
which shall be based upon the submission of evidence to the Magisterial
District Judge with regard to the valuation of the tree, if removed,
or repair of damage to the tree, if the violation occurred as a result
of illegal maintenance, trimming or topping of the tree or trees.
B.
Other remedies. The Borough Council or, with the approval of the
Borough Council, an officer of Vandergrift Borough, in addition to
other remedies, may institute any appropriate action or proceeding
to prevent, restrain, correct or abate any act, conduct or use constituting
a violation.
