[HISTORY: Adopted by the Borough Council of the Borough of
Sewickley 2-15-2016 by Ord. No.
1342. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Shade Tree
Commission Ordinance of the Borough of Sewickley, Pennsylvania."
As used within this chapter, the following terms shall have
the meanings set forth in this section:
A tree's diameter in inches measured by a diameter tape
at 4 1/2 feet from the surface of the ground. On trees having
multiple stems, the largest diameter stem will be measured.
The approximately circular vertical extension to the ground
of the outermost branches and/or leaves of the tree as an indication
of the spread of the root system.
(Of a tree) The area inside a circle whose radius is equal
to the height of the tree, the center being the trunk.
Those attaining a height of 45 feet or more.
Those attaining a height of 30 to 45 feet.
Any Borough public spaces designated for recreation and/or
conservation.
That person owning such property as shown by the block and
lot records of Allegheny County, State of Pennsylvania.
Any ground owned by the Borough.
Includes all trees now or hereafter growing on any street,
park, right-of-way, or any other public site.
The removal of all above and below ground parts, including
the stump and roots.
The land within the ordained or dedicated limits of any public
street, road, highway, thoroughfare, walkway or footpath in the Borough,
or any land within the limits of any easement or right-of-way for
storm or sanitary sewers or other utilities, including all easements
in relation thereto in the Borough.
The five members appointed by Council to serve as the Shade
Tree Commission.
Those under 30 feet.
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 purposes of vehicular and pedestrian traffic.
Any living plant with needles or scale type leaves or fronds
that has a well-defined stem or stems with a diameter of at least
six inches at 4 1/2 feet from the surface from the ground.
Any living, self-supporting woody broad leaf plant that has
a well-defined stem or stems with a diameter of at least two inches
at 4 1/2 feet from the surface of the ground.
Any living self-supporting woody plant that has a well-defined
stem or stems, which has been intentionally cultivated and established.
That part of a street not covered by a sidewalk or other
paving, lying between the property line and that portion of the street
usually used for vehicular traffic.
A.
A Shade Tree Commission is hereby established, and the same shall
consist of five members who shall serve without compensation. The
membership positions shall be filled in conjunction with the procedure
of appointments by the Council of the Borough of Sewickley.
B.
After initial staggered terms of one member for one year, one member
for two years, one member for three years, one member for four years
and one member for five years, each Commission member shall serve
a five-year term of office. Any appointed member of the Commission
may be removed from office for just cause by Council. An appointment
to fill a vacancy shall be only for the unexpired portion of the term.
C.
Officers. Prior to January 31 of each year, the Shade Tree Commission
shall meet and elect a member to serve as Chairperson. The Chairperson
shall have the authority to call and conduct meetings of the Commission
and to receive all permit applications, correspondence and other materials
on behalf of the Commission. The Secretary of the Commission shall
be elected by the Commission and shall keep the minutes of the meetings.
The Borough keeps a permanent record of all resolutions, motions,
transactions and determinations.
D.
Meetings.
(1)
The Shade Tree Commission shall meet once a month. The Chairperson
may cancel a monthly meeting if there is no business before the Shade
Tree Commission.
(2)
All members of the Commission shall be entitled to vote, and the
decisions of the Commission shall be determined by a majority vote
of the Commission.
(3)
The Chairperson may call a special meeting, or, in his/her absence,
any two Commissioners may call a special meeting.
E.
Professional services. The Shade Tree Commission, with approval of
Borough Council and within the established budgetary limits, may retain
the services of such qualified professionals as may be necessary to
facilitate the function of the Shade Tree Commission and the dictates
of this chapter.
F.
Annual budget and reports. The Shade Tree Commission will be required
to submit budgets and annual reports to the Borough Manager in the
manner and by the date as determined by the Borough Manager's
office.
A.
The Shade Tree Commission is established by Sewickley Borough Council
in order to promote and maintain a vigorous street tree program. It
is the purpose of the Shade Tree Commission to increase the number
and variety of public trees, to preserve and protect their health,
and to advance public understanding of the important roles trees play
in our community.
B.
The Shade Tree Commission, when requested by Council, shall consider,
investigate, make findings, report and recommend upon any special
matter or question coming within the scope of its work. The Shade
Tree Commission shall study the problems and determine the needs of
the Borough in connection with its tree planting program.
C.
The Shade Tree Commission shall recommend to the Borough Manager
and Borough Council the type and kind of trees to be planted upon
such Borough streets or parts of Borough streets or in parks as designated.
D.
The Shade Tree Commission shall assist the Borough Manager, as well
as the Council and citizens of the Borough, in the dissemination of
news and information regarding the selection, planting and maintenance
of trees within the corporate limits, whether the same be on private
or public property, and to make such recommendations from time to
time to Council as to desirable legislation for tree activities for
the Borough. The Shade Tree Commission shall work in conjunction with
civic and public interest groups devoted to tree care and preservation.
E.
The Shade Tree Commission shall convene regular and special meetings
at which the subject of trees, insofar as it relates to the Borough,
may be discussed by members of the Shade Tree Commission, officers
and personnel of the Borough and its several divisions and all others
interested in the tree program.
F.
The Shade Tree Commission shall be responsible for reviewing plans
for residential, commercial and industrial developments in order to
ascertain the number and size of trees proposed to be removed from
building sites and to make recommendations concerning the retention
of existing trees on said sites and the planting of new trees.
G.
The Shade Tree Commission shall have the authority to investigate
and recommend "reasonable conditions" to the granting of a permit
in accordance with the terms of this chapter.
H.
The Shade Tree Commission shall have the authority to formulate a
Master Tree Plan. The Master Tree Plan shall include the inventory
of existing public trees and shall specify the requirements for the
care, preservation, pruning, planting, replanting and removal or disposition
of trees in parks, along streets and on other public sites and shall
specify the species of tree to be planted in these areas. The Master
Tree Plan shall be updated and presented to Council annually, and
upon its acceptance and approval shall constitute the official comprehensive
Master Tree Plan for the Borough. From and after the effective date
of the Master Tree Plan, or any amendment thereof, all planting shall
conform thereto.
I.
The Shade Tree Commission shall consider all existing and proposed
buildings, utilities and environmental factors when recommending the
planting of a specific species or other work for all streets and public
sites within the Borough.
J.
The Shade Tree Commission shall develop and maintain a list of desirable
large, medium and small trees for planting in parks, along streets
and on other public sites, based on mature height. Lists of trees
not suitable for planting in these areas shall also be created by
the Tree Commission.
It shall be the duty of the Borough Manager, under the direction
of Borough Council, to regulate, protect and preserve the plants,
shrubs and trees within the Borough by taking the necessary measures
for the control of disease, including damage by insects or pests,
which may injuriously affect the plants, shrubs or trees on public
or private property in the Borough. The Borough Manager shall have
the power to enforce the provisions of this chapter at the direction
of the Council or upon the recommendation of the Shade Tree Commission
as approved by the Council, as the case may be, and the Borough Manager
may, with approval of Council, appoint or hire any qualified person
or firm to assist him/her in any such enforcement.
A.
Power. The Borough Manager or his delegate shall have the power to
enter upon any public site or public right-of-way within the Borough,
and, if necessary in his opinion, to spray, remove, cut, trim or otherwise
treat any plant, shrub or tree afflicted with disease which threatens
to injure or destroy plants, shrubs or trees in the Borough. Similarly,
in consultation with the Borough Arborist, the Borough Manager or
his delegate may remove, cut or trim any plant, shrub or tree on public
property or on such private property to the extent that he/she determines
that such plant, shrub or tree constitutes a clear and present danger
to public safety. In this regard, the following conditions shall be
deemed to be per se clear and present dangers to public safety, although
such list of conditions is not intended to be all-inclusive:
(1)
Street. Any plant, shrub or tree overhanging a street or highway
and not allowing a vertical clearance of 14 feet above the ground
constitutes such a condition.
(2)
Sidewalk. Any plant, shrub or tree overhanging a public sidewalk
and not allowing a vertical clearance of eight feet above ground constitutes
such a condition.
(3)
Public intersection. Any plant, shrub or tree preventing a clear sight triangle, as defined in Chapter 292, Subdivision and Land Development, constitutes such a condition.
(4)
Fire hydrant. Any plant, shrub or tree causing a hindrance or delay
in access to or use of a fire hydrant.
B.
Cost responsibilities. Whenever the Borough Manager determines that
the spraying, removal, cutting, trimming or other treatment of any
afflicted plant, shrub or tree is necessary and the same is located
on public property, he/she or his/her delegate shall spray, remove,
cut, trim or otherwise treat the same at the expense of the Borough.
Whenever the Borough Manager determines that the spraying, removal,
cutting, trimming or other treatment of any afflicted plant, shrub
or tree is necessary and the same is located on private property within
the Borough, but outside a public right-of-way, he/she shall direct,
by appropriate property maintenance notice, the owner or occupant,
or agent of either, of such private property upon which such plant,
shrub or tree is located to spray, remove, cut, trim or otherwise
treat the same in an appropriately corrective manner at the expense
of such owner or occupant.
A.
Public tree care. The Borough shall have the right to plant, prune,
maintain and remove all public trees, as may be necessary to ensure
public safety or to preserve or enhance the symmetry and beauty of
public sites. The Shade Tree Commission may recommend removal of any
public tree or part thereof which is in an unsafe condition or which
by reason of its nature is injurious to sewers, electric power lines,
gaslines, waterlines or other public improvements, or is affected
with any injurious disease, insect or fungus.
B.
Distance requirements.
(1)
No tree shall be planted closer than 30 feet from any street corner,
measured from the point of nearest intersecting curbs or curblines.
(2)
No tree shall be planted closer than 10 feet from any fire hydrant.
(3)
All trees are to be planted equidistant from curb or street line
and sidewalk line in concurrence of Shade Tree Commission approval.
(4)
No trees may be planted closer than 30 feet from any other tree,
except in special plantings designed or approved by the Shade Tree
Commission.
C.
Permit. No tree shall be planted, transplanted or removed in or from
any public right-of-way without a written permit from the Shade Tree
Commission, such permit to designate the type of tree and place where
such tree is to be planted or the place from which it is to be removed.
No such permit shall be granted unless written application is made
to the Shade Tree Commission on a form acceptable to the Shade Tree
Commission. In determining whether to grant a permit for the planting
of a tree, the Shade Tree Commission shall follow generally acceptable
land development and arboricultural principles and shall apply such
principles in a fair and uniform manner throughout the Borough.
D.
Abuse and/or mutilation of public trees. Unless specifically authorized
by the Borough Council, no person or firm shall intentionally damage,
cut, carve, transplant, whether above or below ground, or transplant
or remove any public tree; attach any rope, wire, nails, advertising
posters or other contrivance to any public 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 heat therefrom will injure any portion of any public tree.
No person shall pour salt water or a chemical or chemicals upon any
street or right-of-way in such a way as to injure any tree planted
or growing thereon. The Borough shall not use excessive amounts of
anti-icing materials in the maintenance of roads.
E.
Placing materials on public property. No person shall deposit, place,
store or maintain upon any public place in the Borough any stone,
brick, sand, concrete or other materials which may impede the free
passage or water, air and fertilizer to the roots of any public tree
growing therein, except by written approval of the Borough Council.
F.
Protection of public trees.
(1)
All public trees located near any excavation or construction of any
building, structure or street work shall be guarded with a good substantial
fence, frame or box not less than four feet high, placed at the dripline. All laborers, building
material, dirt or other debris shall be kept outside this barrier.
The Borough Council may permit a variance in cases where the barrier
would impede the flow of traffic on a street, private street or driveway
and where the dripline overhangs a building or permanent structure.
(2)
No person shall excavate any ditches or trenches within the dripline
of a public tree or lay any drive within 15 feet of a public tree
without first obtaining the written approval of the Borough Council.
A.
Replanting. Whenever it is necessary to remove a public tree in connection with the paving of a sidewalk or the widening of the portion of a street or highway, the Borough shall replant the tree or replace it with a species listed per to § 267-4J of this chapter. This requirement will be satisfied if an equivalent number of trees are planted at the nearest appropriate location as determined by the Shade Tree Commission.
B.
Other than public employees on Borough business, no person shall remove or cause removal of a public tree for the purpose of construction or any other reason without the written permission of the Shade Tree Commission. The Shade Tree Commission may require replacement of a removed tree as a condition to said Commission's approval. Such replacement shall be in accordance with the species listed in § 267-4J of this chapter.
C.
Topping of public trees. It shall be unlawful for any person, utility,
firm or Borough department to top any public tree. "Topping" is defined
as the severe cutting back of limbs so as to remove the normal canopy
and disfigure the tree. Public trees severely damaged by storms or
other causes, or certain trees under utility wires or other obstructions
where other pruning practices are impractical, may be exempted from
this chapter at the determination of the Shade Tree Commission.
D.
Cost responsibilities for planting, transplanting or removal. When
an application to remove, transplant or plant trees in the public
right-of-way is approved by the Shade Tree Commission, all associated
costs shall be borne by the applicant. This includes the cost of planting,
transplanting and removal of trees in the public right-of-way as well
as the cost of installing guards, curbs, sidewalks and pavement disturbed
or damaged in the course of said work. The amount any applicant is
to pay hereunder shall be ascertained and certified by the Borough
Manager.
E.
Payment/assessments/liens.
(1)
The amount assessed to an applicant for planting, transplanting,
removal and all associated costs shall be determined by the Borough
Manager. Thereafter, the Borough Manager shall cause 30 days'
written notice to be given to the applicant against whose property
an assessment has been made. The notice shall state the nature and
amount of the assessment and the time and place for payment thereof.
(2)
The amount assessed against any property shall be a municipal claim
and, if not paid within the time specified in the notice, may be filed
and collected by the Borough Solicitor in the same manner as municipal
claims are recoverable by law.
F.
When planting, transplanting, removal or partial removal of trees
in the public right-of-way is initiated by the Borough of Sewickley,
all associated costs, including installing guards, curbs, sidewalks,
and pavement disturbed or damaged in the course of said work, shall
be borne by the Borough.
A.
Whenever the Shade Tree Commission proposes to plant, transplant
or remove shade trees on any public right-of-way in the Borough, notice
of the time and place of the meeting of the Borough Council at which
such work is to be considered shall be given in a newspaper of general
circulation in the Borough once a week for two weeks immediately preceding
the time of the meeting. Such notice shall specify in detail the streets
or portions thereof upon which trees are proposed to be so planted,
replanted or removed. Actual written notice of such proposal shall
also be sent to each affected abutting property owner by regular or
certified mail.
B.
Any other notice required under this chapter shall be sent to any
affected property owner by regular or certified mail at least 14 days
in advance of the meeting of the Shade Tree Commission or the Council
at which such work shall be finally approved, and this notice shall
reasonably and generally apprise such owners of the impact of the
intended action.
A.
Any person, firm or corporation or employee thereof granted a permit
shall post a bond or furnish evidence of equivalent coverage to the
Borough Manager in an amount or form approved by him/her or shall
have in force and shall maintain public liability and property damage
insurance as follows:
(1)
Public liability insurance: public liability insurance in the amount
of $500,000 for injuries, including accidental death, to any one person
and subject to the same limit for each person in the amount of not
less than $1,000,000 on account of one accident.
(2)
Property damage insurance: property damage insurance in the amount
of not less than $100,000 to any one property and subject to the same
limit for each property in an amount of not less than $100,000 aggregate
for one accident.
(3)
Auto liability insurance in the amount of $2,000,000.
(4)
Workers' compensation insurance in the amount of $1,000,000.
B.
The provisions of this section may be waived by the Borough Manager
if and when the Borough Manager shall decide that the work to be performed
is not likely to be of any foreseeable injury of a bodily nature to
the public or to public or private property, but any person operating
under such a waiver must furnish evidence to the Borough Manager that
he/she carries full public and comprehensive liability insurance of
a reasonable nature, as well as worker's compensation insurance,
and he/she shall waive all rights for compensation or damages from
the Borough.
A.
It shall be the duty of any person owning real property bordering
on any street, upon which private property there may be trees, to
prune such trees in such manner that they will not obstruct or shade
the streetlights, obstruct the passage of pedestrians on sidewalks,
obstruct the vision of traffic signs or obstruct the view of any street
intersection. Said persons shall remove all dead, diseased or dangerous
trees, or broken decayed limbs which constitute a menace to the safety
of the public in accordance to the rules and regulations set forth
by the Shade Tree Commission and approved by Borough Council. The
minimum clearance of any overhanging portion thereof shall be eight
feet over sidewalks and 15 feet over all streets.
(1)
Notice to prune. Should any person or persons owning real property
bordering on any street fail to preserve, maintain or remove as hereinabove
provided, the Borough Council shall order such person or persons,
within 30 days after receipt of written notice, to preserve, maintain
or remove.
(2)
Order required. The order herein shall be served by regular mail
and certified mail or by personal service or posting to the last known
address of the property owner.
(3)
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
Borough to prune such trees and to recover from the property owner
the cost of services rendered, and to lien the property for such costs
and all costs associated with such lien.
(4)
Any property owner removing public or private trees whose hazard
zone falls upon public land shall first obtain a permit issued by
the Shade Tree Commission.
(5)
All costs of removal, partial removal or treatment ordered by the
Borough Manager for trees on private property shall be paid by the
owner of the property on which such trees are located.
B.
The Borough shall have the right to cause the removal of any trees
on property within the Borough when such trees constitute a hazard
to life and property of others or are infected with any injurious
disease, insect or fungus.
(1)
Notice to remove. Should any person or persons fail to remove trees
as herein provided, Sewickley Borough Council shall order such person
or persons, within 10 days after receipt of written notice, to remove
such trees.
(2)
Order required. The order herein shall be served by regular mail
and certified mail or by personal service or posting to the last known
address of the property owner.
(3)
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
Borough to remove such trees and to recover from the property owner
the cost of services rendered and to lien the property for such costs
and all costs associated with such lien.
C.
Permits. A permit issued by the Shade Tree Commission shall be required
of any one owner removing, or causing the removal of any public or
private tree whose hazard zone falls upon public land. The requirements
for said permit shall be as follows:
(1)
The permit fee shall be established by resolution of Council.
(2)
The Shade Tree Commission will render a decision within 30 days after
the date of application. Decisions shall state the reasons for approval
or nonapproval and also state remedies as well as deadlines to appeal
to Council.
(3)
In the event of an emergency, the Borough Manager may, upon review
with the Borough Arborist or tree expert, issue a permit for the appropriate
work to be performed.
No person shall hinder, prevent, delay or interfere with the
Shade Tree Commission or any of its agents while engaged in carrying
out the execution or enforcement of this chapter on public or private
property; 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 for the protection of property
rights by the owner of any property within the Borough.
To protect the public, the Borough shall require any person
or firm engaged in the business of maintenance and/or removal of public
and private trees whose hazard zone falls upon public land to be licensed
by the Borough on an annual basis.
A.
A class "A" license is required to prune, maintain or remove trees
in public property. Requirements for a class "A" license shall be
as follows:
(1)
The license fee shall be in an amount as established from time to
time by resolution of Borough Council.
(2)
Before any license shall be issued, each applicant shall first file
evidence verifying:
(a)
Coverage by worker's compensation insurance, in force.
(b)
Liability insurance coverage in the minimum amount, as stated in § 267-10A(1).
(c)
Work must be performed under the supervision of a certified
arborist, certified by the International Society of Arboriculture,
with certification on file with the Borough.
(d)
All licensed persons and/or companies shall operate under the
current ANSI guidelines.
(e)
All licensed persons and/or companies shall perform work according
to the National Arborist Association standards and accepted arboricultural
practices.
A capital reserve account within the various funds of the Borough,
known as the "Shade Tree Commission Capital Reserve Account," is hereby
established, which is to be utilized for the receipt of license and
permit fees, bond monies generally, grant monies, damages, penalties
and donations. Disbursement shall be solely for the purpose of encouraging
the planting, maintenance and relocation of public trees within the
Borough under the jurisdiction of the Shade Tree Commission. Requests
for disbursements shall be in conjunction with the Borough's
annual budget and administered through the Borough Manager's
office.
A.
The Borough establishes a memorial and special recognition tree and
plaque program, which provides for the planting of tree in public
areas in honor, remembrance and recognition of individuals or groups.
Applications are to be made to the Borough Manager's office and
reviewed by the Shade Tree Commission.
B.
Costs for the memorial and special recognition tree program shall
be determined by resolution of Borough Council. Fees for the Memorial
and Special Recognition Tree and Plaque Program will be established
by resolution of Sewickley Borough Council.
Any party aggrieved by a decision of the Shade Tree Commission
or the Borough Manager with respect to the standards or requirements
of this chapter may take an appeal to Borough Council within 30 days
of the date of the decision. Council, upon receipt of the appeal on
an approved Borough form, shall have the authority and duty to consider
and act upon the appeal. The appeal shall clearly and in detail state
what changes are being sought, reasons such changes are warranted,
and shall be accompanied by such supplemental data as deemed necessary
to substantiate the changes. Council may approve, modify or deny the
appeal based upon the protection of public interest, preservation
of the intent of this chapter, and possible unreasonable hardships
involved in the appeal. Council shall act on the appeal as expeditiously
as possible and shall notify the appealing party in writing within
10 days of the action taken.
Any person or firm violating any provision of this chapter or
who fails to comply with any notice issued pursuant to the provisions
of this chapter, upon conviction thereof, shall be subject to a fine
not to exceed $600 plus costs and, in default of payment of said fine
and costs, to a term of imprisonment not to exceed 30 days. Each day
during which any violation of the provisions of the chapter shall
occur or continue shall be a separate offense. If, as the result of
the violation of any provision of this chapter, the injury, mutilation
or death of a tree is caused, the cost of replacement value of such
tree shall be borne by the party in violation. The replacement value
of trees shall be determined by the Borough Manager and the Borough
Arborist in accordance with the latest revision of "Valuation of Landscape
Trees, Shrubs and Other Plants," as published by the International
Society of Arboriculture.
Actions taken under this chapter do not affect any responsibility,
permit or approval for any activity regulated by any other code, law,
regulation or ordinance.
