This chapter shall be known and may be cited as the "Municipal
Shade Tree Ordinance of the Borough of Wilson, County of Northampton."
As used in this chapter, the following terms shall have the
meanings indicated:
BOROUGH
The Borough of Wilson, County of Northampton, Commonwealth
of Pennsylvania.
BOROUGH COUNCIL
The governing body of the Borough of Wilson, County of Northampton,
Commonwealth of Pennsylvania.
CERTIFIED ARBORIST
(Also may be referred to as: Forester or Tree Warden.) The
qualified and designated official of the Borough of Wilson that may
be assigned to carry out the enforcement of this chapter by the Shade
Tree Commission, who shall be an ISA Certified Arborist licensed in
the Borough.
LARGE TREES
A species of tree attaining a height of 45 feet or more at
maturity.
MEDIUM TREES
A species of tree attaining a height of 30 to 45 feet at
maturity.
PARK
All public parks. (The Shade Tree Commission and Borough
Council shall direct who will maintain trees and public property other
than along streets, such as adjacent to municipal buildings, within
public parks, etc.)
PERSON
Any person, firm, partnership, association, corporation,
company or organization of any kind.
PROPERTY LINE
The outer right-of-way and any limbs that hang over the right-of-way.
PROPERTY OWNER
The person owning such property as recorded on the County
Assessor's Plat of Northampton County.
PUBLIC PLACE
All other grounds owned by the Borough, county, commonwealth
or federal governments.
PUBLIC TREES
All shade and ornamental trees now or hereafter growing on
any street or public areas where otherwise indicated.
SMALL TREES
A species of tree attaining a height of less than 30 feet
at maturity.
STREET (or HIGHWAY)
The entire width of every public way or right-of-way when
any part thereof is open to the use of the public, as a matter of
right, for purpose of vehicular and pedestrian traffic.
TREE LAWN
The part of the street or highway, not covered by sidewalk
or other paving lying between the property line and that portion of
the street or highway usually used for vehicular traffic.
TREE TOPPING
The severe cutting back of limbs to stubs larger than three
inches so as to remove the normal canopy and disfigure a tree.
The Borough Council authorizes and designates the Shade Tree
Commission and any ISA Certified Arborist licensed in the Borough
to carry out enforcement of this chapter, execute and submit any required
permits to the Borough pursuant to this chapter.
It shall be the duty of any person or persons owning or occupying
real property bordering on any street upon which there may be trees,
to prune such trees in such manner that they will not obstruct or
shade the street lights, obstruct the passage of pedestrians on sidewalks,
obstruct vision of traffic signs, or obstruct view of any street or
alley intersection. The minimum clearance of any overhanging portion
thereof shall be 10 feet over sidewalks, and 12 feet over all streets
except truck thoroughfares which shall have a clearance of 16 feet.
A. Notice to prune. Should any person owning real property bordering
on any street fail to prune trees as herein above provided, the Shade
Tree Commission shall order such person or persons, within three days
after receipt of written notice, to so prune such trees.
B. Order required. The order required herein shall be served by mailing
a copy of the order to the last known address of the property owner,
by certified mail.
C. Failure to comply. When a person to whom an order is directed shall
fail to comply within the specified time, it shall be lawful for the
municipality to prune such trees, and the exact cost thereof shall
be assessed to the owner as provided by law in the case of special
assessments.
Unless specifically authorized by the Shade Tree Commission,
no person shall intentionally damage, cut, carve, transplant, or remove
any tree; attach any rope, wire, nails, advertising posters, or others
contrivance to any tree; allow any gaseous liquid, or solid substance
which is harmful to such trees to come in contact with them; or set
fire or permit any fire to burn when such fire or the heat thereof
will injure any portion of any tree.
No person shall hinder, prevent, delay, or interfere with the
Shade Tree Commission or any of his or their assistants while engaged
in carrying out the execution of enforcement of this chapter; provided
however, that nothing herein shall be construed as an attempt to prohibit
the pursuit of any remedy, legal or equitable, in any court of competent
jurisdiction of the protection of property rights by the owner of
any property within the municipality.
No person shall deposit, place, store, or maintain upon any
public place of the municipality, any stone, brick, sand, concrete,
or other materials which may impede the free passage of water, air,
and fertilizer to the roots of any tree growing therein, except by
written permit of the Shade Tree Commission.
Any person, firm, or corporation violating or failing to comply
with any of the provisions of this chapter shall be guilty of a summary
offence and upon conviction thereon shall be subject to a fine of
not more than $600 plus costs.
Street trees shall be required wherever a proposed subdivision
shall average three or more lots per gross acre, or where the proposed
subdivision is adjacent to any existing or recorded development having
street trees.
The Shade Tree Commission shall review all development and redevelopment
plans meeting the above criteria to assure the planting of the proper
trees.
Before starting any construction or installation of improvements,
the developer shall notify the municipality of his intention to initiate
such work. The municipality shall either authorize the Shade Tree
Commission to monitor and inspect the installation of improvements
during their construction or authorize it (or him) to assist an engineer
in the performance of this task.
Street trees to be provided pursuant to the provision of the
Wilson Borough Subdivision and Land Development Ordinance shall be in accordance with these specifications and approved
plans.