[HISTORY: Adopted by the Borough Council of the Borough of Vandergrift 10-4-2010 by Ord. No. 5-2010. Amendments noted where applicable.]
GENERAL REFERENCES
Parks and recreation areas — See Ch. 333.
Zoning — See Ch. 500.
As used in this chapter, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
PERSON
An individual, corporation or any entity.
REMOVAL
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.
SHADE TREE
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.
TOPPING
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Editor's Note: The statute governing shade tree commissions, 53 P.S. § 47721, was repealed by 2014, April 18, P.L. 432, No. 37.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.