[Ord. 1969-2, 4/10/1969, § 1]
The Borough Council of the Borough of Watsontown is hereby constituted
the Shade Tree Commission of said Borough in accordance with the Provisions
of Article 27 of the Act of February 1, 1965, P.L. 1656, with all
of the rights, duties and obligations granted and imposed by said
Act, as supplemented and amended.[1]
[1]
Editor's Note: See now 8 Pa.C.S.A. § 2720 et seq.
[Ord. 1969-2, 4/10/1969, § 2]
The following regulations are hereby established with reference
to shade trees in the Borough of Watsontown:
1.
Definitions; Word Usage.
A.
COMMISSION
PERMIT
PERSON
PUBLIC HIGHWAY
SECRETARY
SHADE TREE
The following words and phrases, when used in these regulations shall
have the meanings hereby ascribed to them, except in those instances
where the context clearly indicates a different meaning:
The Shade Tree Commission of the Borough of Watsontown.
Any permit in writing as issued by the Secretary of the Shade
Tree Commission.
Any natural person, firm, association, partnership or corporation.
The street, sidewalk or alley open to the public.
The Borough Secretary, in his capacity as Secretary of the
Shade Tree Commission.
Any tree, shrub or other woody plant on any public highway
in the Borough of Watsontown, or that part of any tree, shrub or other
woody plant which extends within the lines of any public highway.
B.
In these regulations, the singular shall include the plural and the
masculine shall include the feminine.
2.
The Commission shall have exclusive custody and control of the shade
trees in the Borough of Watsontown and is authorized to plant, maintain,
remove and protect shade trees on the public highways in the Borough.
3.
The application for any permit required hereunder shall be made in
writing to the Secretary. It shall specify the particular kind of
work or operation the applicant desires to perform thereunder and
shall state the exact location and the species of any tree affected.
It shall be the duty of the Secretary to submit every such application
promptly to the Commission for approval or disapproval. The permit
shall be effective for such length of time as the Commission shall
in each case determine, and such time shall be indicated on the permit.
Any such permit may be revoked at any time upon proof satisfactory
to the Commission that any of the terms or conditions upon which such
permit was issued are or have been violated. The Commission, in its
discretion, may, as a condition precedent to the issuance of the permit,
require the applicant to file a bond satisfactory to the Commission
or to deposit security satisfactory to it to guarantee the compliance
by the applicant with the terms and conditions which such permit is
issued.
4.
No person shall plant any shade tree, shrub, or other woody plant
on any public highway or plant any tree, shrub, or other woody plant,
which extends within the lines of any public highway, within the Borough
of Watsontown, until such a permit therefor is granted, such permit
to designate where such tree is to be planted. The Commission may
refuse a permit to plant any species of tree which in its opinion
is not suited to the location.
5.
All shade trees planted in and among any of the public highways in
the Borough of Watsontown shall be set so as to form as nearly as
possible a straight and uniform line with the other shade trees growing
upon the same highway. Said trees shall be planted or set from 25
feet to 30 feet apart where practicable and shall be sound, straight
and symmetrical. No shade tree shall be planted less than 20 feet
from a street intersection nor less than 10 feet from a fire hydrant,
light standard or telephone pole. Where practicable, every such tree
shall be planted in a pit three feet square filled with good topsoil
otherwise enriched, and shall have an open space of ground otherwise
enriched, and shall have with an area of not less than four square
feet for the free entrance of water and air to roots thereof; no departure
from these dimensions shall be made without specific approval of the
Commission.
6.
All shade trees shall be kept trimmed by the owner of the property
on or in front of which they are located:
[Amended by Ord. 2009-04, 3/2/2009]
A.
So as not to interfere with the proper lighting of public highway
by the streetlights.
B.
So that the minimum clearance above any public highway shall be 12
feet and above any public sidewalk shall be nine feet. It shall be
the obligation of the owner of the property, in which the owner has
planted a shade tree within the public right-of-way or on the owner's
property, to ensure that no portion of the shade tree is located within
the minimum clearance area above any public highway or public sidewalk.
Provided: the Commission shall have the authority to designate a higher
clearance on any public highway or public sidewalk, where heavy traffic
or other conditions make it necessary or expedient.
C.
If any property owner shall neglect or refuse to trim any shade tree
or remove as required by this section, upon notice in writing by the
Commission, within the time limit specified in such notice, the Commission
may cause such trimming or removal to be done at the expense of such
owner, and the entire cost thereof shall be a lien upon said premises,
and a claim therefor shall be filed and collected by the Borough Solicitor
in the same manner as municipal claims are filed and collected.
7.
No person shall, without first obtaining a permit therefor, cut down,
break, climb with spurs, injure in any manner or remove any shade
tree; or cut, or interfere in any way with the main roots of any shade
tree; or place any rope, guy wire, cable, sign, poster or any other
fixture on any shade tree or guard for any shade tree; or injure,
misuse or remove any device placed to protect any shade tree, except
in case of immediate necessity for the protection of life and property.
8.
No person shall, without first obtaining a permit, place or hereafter
maintain any stone, cement or any other substance which shall impede
the passage of water and air to the roots of any shade tree unless
such person shall have an open space of ground surrounding the trunk
of such tree, such space to be not less than four square feet.
9.
In connection with any building operation or the performance of any
work whatsoever in the Borough in the vicinity of any shade tree,
before any work shall be commenced, guards shall be placed at all
shade trees which might be affected by such work so as to effectually
prevent injury to them.
10.
No person shall pour salt, oil, or any other material at any place
in such a manner that injury might result to any shade tree.
11.
No person shall, without first having obtained a permit therefor,
attach any electric wire, insulator or any device for the holding
of an electric wire to any shade tree.
12.
Every person having any wire charged with electricity running along
or through a public highway shall securely fasten such wire or place
an adequate shield thereon, so that such wire shall not come into
contact with any shade tree so as not to injure the same.
13.
Whenever, in order to take down or prune any shade tree in any public
highway or having branches extending over any public highway, it shall
be deemed necessary to remove any wire running through or along such
public highway, the owner of such wire shall temporarily remove the
same or cut off the flow of current therefrom within 24 hours after
service of written notice from the Commission to do so.
14.
These regulations shall be enforced by the Commission in conjunction
with the Mayor and the Borough Police.
[Ord. 1969-2, 4/10/1969, § 3]
The Shade Tree Commission shall have the authority to direct
the owner of a property in front of which a shade tree is planted,
to remove such tree when the same is dead, dying, the victim of contagious
disease, or is dangerous to life, limb or property, or is closing
in or extending over the cartway and shall give said owner 30 days'
notice of its order and direction. If said owner does not comply with
said notice within the 30 days, the Shade Tree Commission may remove
said tree at the expense of said owner. Replacement of said tree will
be made at the discretion of the Shade Tree Commission at the expense
of the property owner.
[Ord. 1969-2, 4/10/1969, § 4]
The regulations hereinbefore set forth in § 25-102 are hereby declared to be not exclusive and may be supplemented with additional regulations from time to time by the Shade Tree Commission as if said supplemental regulations were specifically set forth herein.
[Ord. 1969-2, 4/10/1969, § 5; as amended by Ord.
1988-1, 8/1/1988]
Any person or persons who shall violate any of the provisions
or any of the regulations established or to be established hereby
shall be guilty upon conviction thereof before a Magisterial District
Judge of the Borough of Watsontown, shall be subject to the payment
of a fine of not more than $600, together with costs of prosecution
and in default of payment of the same shall be imprisoned in the Northumberland
County Jail for a period of 30 days, and any partnership or corporation
which shall allow the provisions of this Part 1 and the regulations
established hereby to be violated shall be subjected to a penalty
of not more than $600 to be recovered with costs, the same as debts
of any like amount are now recoverable by law.
