The Borough Council of the Borough of Montgomery hereby creates
a Shade Tree Commission, to be composed of three residents of the
Borough of Montgomery, who shall be appointed by the Borough Council
and shall serve without compensation for their terms of office and
with all the rights, powers, duties and obligations provided for by
law.
The members of the Commission shall be appointed by the Borough
Council for terms of five years, provided, for the first members of
said Commission, one member shall be appointed for a term of three
years, one for a term of four years, and one for a term of five years.
Vacancies in the office of Commissioner shall be filled by the Borough
Council for the unexpired term.
The collection of assessments, the filing of liens and the collection
of penalties, whether by the Commission or on behalf of the Borough
of Montgomery, are expressly authorized as provided for in the law.
The Commission is hereby authorized to prescribe such rules
and regulations, and to impose such penalties for the violation of
same, as it may deem necessary and proper, provided that the rules
and regulations are approved by the Borough Council and are not in
conflict with other ordinances of the Borough of Montgomery.
The Shade Tree Commission shall report annually to the Borough
Council on all transactions and expenses for the preceding fiscal
year.
[Added 8-14-2001 by Ord.
No. 2001-2]
A. Duty to keep trees trimmed. It shall be the duty of all owners of
property within the Borough of Montgomery to keep the trees and shrubs
and branches or other portions thereof, growing upon such property
or the abutting sidewalk area, trimmed and cut back so that no portion
thereof shall extend upon, over or above any street or alley in the
Borough at a height of less than 13 feet, or upon, over or above any
sidewalk in the Borough at a height of less than 10 feet.
B. Duty to remove unsafe or diseased trees. It shall be the duty of
all owners of property within the Borough of Montgomery to remove
any trees on their property which are dead, diseased or infected,
and which constitute a serious hazard to those or other trees on all
properties within the Borough, both public and private, based on the
written recommendation of the Montgomery Shade Tree Commission.
C. Duty to remove unsafe stumps. It shall be the duty of all property
owners within the Borough of Montgomery to remove all stumps, including
existing stumps, from their property or the abutting sidewalk area
upon the written recommendation of Montgomery Shade Tree Commission,
if in the opinion of said Commission said stumps constitute a safety
hazard to the public using the sidewalks nearby.
D. Powers and duties of Shade Tree Commission. The Shade Tree Commission
shall have exclusive custody and control of trees in the Borough and
may plant, remove, maintain and protect trees on public streets and
public places in the Borough. The Shade Tree Commission may require
the planting and replanting of trees. The kind of tree and the alignment
and location of the trees shall be determined by the Shade Tree Commission,
but shall not prevent the necessary or reasonable use of public streets,
sidewalks, abutting property or the conduct of business. The Shade
Tree Commission may, with approval of Borough Council, either employ
or pay superintendents, engineers, foresters, tree wardens or other
assistants, or may contract for personal and professional services,
for the proper performance of its duties.
E. Notice of work to abutting property owners. Whenever the Shade Tree
Commission proposes to plant, transplant or remove trees on any public
street, written notice of the time and place of the meeting at which
such work is to be considered shall be given in one newspaper of general
circulation of the Borough, once a week for two weeks immediately
preceding the time of the meeting. The notice shall specify in detail
the streets or portions upon which trees are to be so planted, replanted
or removed.
F. Payment by property owners. The cost of furnishing, planting, transplanting
or removing any trees in and along the public streets of the Borough,
the necessary and suitable guards, curbing or grading for the protection
thereof shall be paid by the owner of the real estate abutting or
in front of whose property the work is done. The amount each owner
is to pay shall be ascertained and certified by the Shade Tree Commission
to Borough Council and to the Borough Treasurer. However, the costs
and expenses of caring for and maintaining such trees, after having
been planted, and the expense of publishing the notice hereinbefore
provided shall be paid by the Borough.
G. Assessments and liens. Upon the filing of the certificate with Council,
the Borough Manager shall cause 30 days' written notice to be
given by mail to the persons against whose property an assessment
has been made. The notice shall state the amount of the assessment
and the time and place of payment, and shall be accompanied by a copy
of the certificate. The expense of the notice shall be paid by the
Borough. The amount assessed against the real estate shall be a lien
from the time of the filing of the certificate with Borough Council
and, if not paid within the time designated in the notice, a claim
may be filed and collected in the same manner as municipal claims
are filed and collected.
H. Permits required to plant, treat or remove. No person shall hereafter
plant, move, spray, fertilize, brace, trim, do surgery work, cut above
or below the ground, disturb or alter any tree or shrub in any public
street or public place in the Borough, or cause such acts to be done
by others, without first obtaining a written permit from the Borough
Shade Tree Commission, which shall issue the permit if in its judgment
the work is necessary, and the proposed methods of workmanship are
of a satisfactory nature. A permit shall not be required to cultivate
and water. The person receiving a permit shall abide by specifications
adopted by the Shade Tree Commission. As a condition to any permit
to remove any public tree or shrub, the Shade Tree Commission may
require that the permittee plant one or more trees or shrubs in place
of the one removed. Whenever such tree or shrub has been removed or
destroyed pursuant to any such conditional permit, no permittee shall
fail, refuse or neglect to comply with the conditions of the permit.
I. Permit contents. Every written permit issued by the Shade Tree Commission
shall describe the work to be done, specify the species or variety,
size, nursery, grade and location, and briefly specify the method
of planting, support and pruning of trees or shrubs concerned, and
shall contain a definite expiration date. Any permit may be declared
void if its terms are violated.
J. Prohibited acts: protection of trees and shrubs. No person shall
break, injure, mutilate, kill or destroy any public tree or shrub,
or permit any fire to burn where it could injure any portion of any
public tree or shrub. No person shall permit any toxic chemical, such
as oil or salt water, to seep, drain or be emptied on or about any
public tree or shrub. No person shall knowingly permit any wires designed
to carry electric current to come in contact with any public tree
or shrub unless protected by approved methods. No person shall damage
or remove any device placed to protect public trees or shrubs, except
in case of emergencies. No person shall attach any electrical installation
to any public tree or shall excavate any ditches, tunnels or trenches,
or lay any driveway within a radius of 10 feet from any public tree
or shrub without first obtaining a written permit from the Shade Tree
Commission. During building and demolition operations, the contractor
shall erect suitable protective barriers around public trees or shrubs
apt to be injured, after obtaining a written permit from the Shade
Tree Commission.
K. Blocking water or air from roots. No person shall deposit, place,
store or maintain upon any public street or public place any stone,
brick, sand, concrete or other materials which could impede the free
passage of water, air and fertilizer to the roots of any public tree
or shrub, except by written permit of the Shade Tree Commission.
L. Fastening materials to trees. No person shall fasten any sign, advertisement,
wire, rope or other material to, around or through any public tree
or shrub except by written permit of the Shade Tree Commission, except
in emergencies such as storms or accidents.
M. Permits for utility work affecting trees. All permits issued for
the installation of public utilities that affect public trees or shrubs
shall be certified by the Shade Tree Commission. When a permit is
issued to a public utility to trim the public trees or do other operations
affecting public trees or shrubs, the work shall be limited to the
actual necessities of the service of the company. Such work shall
be done in a neat and workmanlike manner according to specifications
outlined by the Shade Tree Commission, which may assign an inspector
to supervise the provisions of the permit. The cost of such service
shall be charged to the public utility at cost.
N. Trees damaged by persons, charges. If a public tree is damaged by
any person, the Shade Tree Commission may make a charge for repairs
to the tree, plus the devaluation of the tree, against the person
causing the damage to the tree. If a tree is destroyed by any person,
the Shade Tree Commission may make a charge for the appraised value
of the tree, plus the cost of removal and replacement thereof, against
the person causing the destruction of the tree.
O. Trees felled by casualty. If any public trees or portions thereof are felled by storm or other casualty, the trees, branches or stumps thereof shall be removed from the street by the Borough, and the costs of such removal shall be assessed against the property owners in accordance with Subsections
F and
G. Replacement of such trees shall be required where the area between the street and the curbline is at least 30 inches at the expense of the property owner.
P. Notice to trim or remove tree creating nuisance. Any tree or shrub
or part thereof growing upon private property but overhanging or interfering
with the use of any public street or public place, which in the opinion
of the Shade Tree Commission, endanger the life, health, safety or
property of the public, shall be declared a public nuisance. The owner
shall be notified in writing of the existence of the nuisance and
given reasonable time for its correction or removal. If not corrected
or removed within the time allotted, the Shade Tree Commission shall
cause the nuisance to be corrected or removed and the cost shall be
assessed to the owner as provided by law.
Q. Interference with employees, legal remedies. No person shall prevent,
delay or interfere with any employees or contractors of the Shade
Tree Commission in the execution or enforcement of this chapter. However,
nothing herein shall be construed as an attempt to prohibit a public
hearing or the permitting of any remedy legal or equitable in a court
of common pleas by the owner of any property within the Borough.
R. Size of trees. All street trees shall be of sufficient size to warrant
satisfactory results, and all street trees must be taken from a list
of trees approved by the Shade Tree Commission and must be at least
six feet in height.
S. Penalties. Any property owner who violates any provision of this
chapter shall be guilty of an offense; and, for every such violation,
upon conviction, shall be sentenced to pay a fine of not less than
$25 nor more than $600 and costs of prosecution; and, in default of
payment of fines and costs, to undergo imprisonment for not more than
30 days. Provided: each day's continuance of any such violation,
after notice thereof from the Borough, shall constitute a separate
offense.
T. Definitions. As used in the foregoing section, certain terms are
defined as follows:
PERSON
A firm, association, public body, partnership, trust, company
or corporation, as well as an individual.
PUBLIC PLACES
All other lands owned by the Borough, including parks, playgrounds,
municipal building sites, and all land held by municipal authorities
or commissions.
PUBLIC STREET
All lands between the property lines/right-of-way lines on
either side of all public highways, streets, roads, boulevards and
alleys.
TREE
Any tree, shrub or other woody vegetation or plant in any
public street or public places, or that part of any tree, shrub or
other woody vegetation or plant which extends within the right-of-way
lines of any public street or public place.