[HISTORY: Adopted by the Borough Council of the Borough of
Springdale 5-15-2014 by Ord. No.
1236. Amendments noted where applicable.]
This chapter shall be known and be cited as the "Tree Ordinance
of the Borough of Springdale, Allegheny County, Pennsylvania."
As used within this chapter, the following terms shall have
the meanings set forth in this section:
The Borough of Springdale, the Borough limits of said Borough,
as the context shall indicate.
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 is the area inside a circle that's radius
is equal to the height of the tree, the center being the trunk.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Designated as those attaining a height of 45 feet or more.
Designated as those attaining a height of 30 to 45 feet.
Any Borough public spaces designated for recreation and/or
conservation.
A natural person, partnership, limited partnership, firm,
association or corporation.
The legal boundary line between private and Borough-owned
land.
That person owning such property as shown by the block and
lot records of Allegheny County, State of Pennsylvania.
A public street right-of-way, public way, public alley, public
sidewalk or public park.
Any other ground owned by the Borough.
Includes all trees now or hereafter growing on any street,
park or any other public site.
The removal of all above- and below-ground parts, including
the stump and roots.
A tree that is grown primarily to produce shade, such as
an oak or maple tree, with any flowers or fruit being of secondary
importance.
Designated as those under 30 feet. A "street tree" is any
shade tree or ornamental tree, shrub, bush or other woody vegetation
located within the right-of-way of any public street, highway or public
alley in the Borough. (The street right-of-way extends well beyond
the physical street.)
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 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 broadleaf 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.
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 Borough may remove, or cause to be removed, 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,
gas lines, water lines or other public improvements or is affected
with any injurious disease, insect or fungus.
B.
Distance requirements.
(1)
No tree shall be planted closer that 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 Borough of Springdale approval.
(4)
No trees may be planted closer that 30 feet from any other tree,
except in special plantings designed or approved by the Borough of
Springdale or its designee.
C.
Additional plantings. This section does not prohibit the planting
of a tree along streets by property owners, providing that the selection
of said tree is in accordance with the Borough of Springdale. No property
owner shall plant a tree within the right-of-way without first obtaining
a permit from the Zoning Officer.
D.
Abuse and/or mutilation of public trees. Unless specifically authorized
by the Borough Code Enforcement Officer, no person or firm shall intentionally
damage, cut, carve, 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.
E.
Placing materials on public property. No person shall deposit, place,
store or maintain, upon any public place of the Borough, any stone,
brick, sand, concrete or other materials which may impede the free
passage of water, air and fertilizer to the roots of any public tree
growing therein, except by written approval of the Borough of Springdale
Code Enforcement Officer.
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 the barrier. The Borough of Springdale Council/Zoning Hearing
Board 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 of Springdale
Code Enforcement Officer.
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 of Springdale shall cause to replant
the tree or replace it with a species listed in this chapter. This
requirement will be satisfied if an equivalent number of trees are
planted at the nearest appropriate location as determined by Springdale
Borough.
B.
Other than Borough 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 Springdale Borough.
Springdale Borough may require replacement of a removed tree as a
condition to said Borough's approval. Such replacement shall
be in accordance with the species listed in this chapter. The person
or property owner shall bear the cost of removal and replacement of
all public trees removed.
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 exempt from
this part at the determination of Springdale Borough.
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 Springdale Borough. The minimum clearance of any overhanging portion
thereof shall be eight feet over sidewalks and 15 feet over all streets.
A.
Notice to prune. Should any person or persons owning real property
bordering on any street fail to preserve, maintain or remove as hereinabove
provided, Springdale Borough Council shall order such person or persons,
30 days after receipt of written notice, to preserve, maintain or
remove.
B.
Order required. The order herein shall be served by regular mail
or by personal service or posting to the last known address of the
property owner.
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
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.
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 is affected with any injurious
disease, insect or fungus.
A.
Notice to remove. Should any person or persons fail to remove trees
as herein provided, the Springdale Borough Code Enforcement Officer
shall order such person or persons, within 10 days after receipt of
written notice, to remove such trees.
B.
Order required. The order herein shall be served by regular mail
or by personal service or posting to the last known address of the
property owner.
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
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.
A permit issued by the Borough 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:
A.
The permit fee shall be established by resolution of Council.
B.
Springdale Borough Zoning Hearing Board will render a decision within
45 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.
C.
In the event of an emergency, a Springdale Borough designee may,
upon review with Springdale Borough and/or tree expert, issue a permit
for the appropriate work to be performed.
A.
No public utility or contractor in the employ of a public utility
shall maintain, trim or remove trees located in the public right-of-way
within Springdale Borough without approval from Springdale Borough.
B.
A written plan indicating the type of tree, location of tree, proposed
work to be performed on the tree(s) and amount of time for work is
to be forwarded to the Borough Manager's office.
C.
The written plan shall be forwarded to the Borough Manager's
office 60 days in advance of proposed work.
D.
The written plan will be reviewed by the Borough's arborist
or tree expert with recommendations(s) forwarded to Springdale Borough
Council.
E.
Springdale Borough will review and approve, approve with conditions
or disapprove the plan. All decisions rendered by the Springdale Borough
Council shall state the reasons for approval, approval with conditions
or disapproval. Also contained in decisions shall be stated the rights
of applicant to appeal.
F.
Before work can begin, the public utility and its contractors shall
deliver certificates of insurance for liability insurance coverage
and workmen's compensation insurance.
G.
In the event of emergencies due to acts of God or acts of nature,
trimming or removal may be done to the minimal extent for public safety
and property, prior notice shall be given to the Borough Manager or
designee.
H.
In the event any public utility removes or trims trees without approval
of Springdale Borough Council, it shall be subject to a fine of not
more than $600, plus costs and legal restitution, and, in default
of payment of said fine and costs, to a term of imprisonment not to
exceed 30 days. Each day that a violation of the part of this chapter
continues shall constitute 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 trees
shall be determined in accordance with the latest revisions of Valuation
of Landscape Trees, Shrubs and Other Plants, as published by the International
Society of Arboriculture, and said replacement paid for by the public
utility.
No person shall hinder, prevent, delay or interfere with Springdale
Borough, 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.
Any adjustment of the standards required by this chapter or
an appeal of a decision of the Springdale Borough Code Enforcement
Officer shall be taken to Borough Council. Council, upon receipt of
the request in approved Borough form, shall have the authority and
duty to consider and act upon the request. This application shall
clearly and in detail state what adjustments or requirements are being
sought, reasons such adjustments or requirements are being sought,
reasons such adjustments are warranted and shall be accompanied with
such supplementary data as is deemed necessary to substantiate the
adjustment. Council may approve, modify or deny the requested adjustment,
based upon the protection of public interest, preservation of the
intent of this chapter and possible unreasonable hardships involved
in the case. Council shall act on the application as expeditiously
as possible and shall notify the applicant, in writing, within 20
days of 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 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 in accordance with the latest revision
of Valuation of Landscape Trees, Shrubs and Other Plants as published
by the International Society of Arboriculture and said replacement
value paid by the public utility.
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Acer rubrum 'Franksred' — Red sunset red maple (do not
use within five feet of sidewalks; aggressive root system)
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Acer x freemanni 'Celzam' — Celebration Freeman maple
(do not use within five feet of sidewalks; aggressive root system)
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Aesculus x carnea 'Briotii' — Ruby red horsechestnut (less
midsummer scorch than hippocastanum)
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Cercidiphyllum japonecum tree form — Katsura tree (requires
more water during establishment years than most other trees)
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Corylus colurna (tree form) — Turkish hazel or Turkish
filbert
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Eucommia ulmoides — Hardy rubber tree (not pretty but
can be useful)
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Ginkgo biloba (any male variety) — Ginkgo (male example
is Princeton Sentry)
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Gleditsia triacanthos (any thornless, seedless, variety) —
Honeylocust
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Gymnocladus dioicus (male variety only) — Kentucky coffeetree
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Liriodendrom tulipifera — Tulip tree (open lawn or large
parking island)
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Metasequoia glytostroboides — Dawn Redwood (requires larger-than-usual
pit is used as a street tree, or use in open planting areas)
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Nyssa sylvatica — Blackgum
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Ostrya virginiana — American Hop-hornbeam
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Platanus x acerifolia "Bloodgood" London planetree
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Quercus bicolor — Swamp white oak
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Quercus rubra — Northern red oak
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Quercus palustris — Pin oak
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Sophora japonica — Scholartree (flower issues make this
an open space tree not suited to sidewalk use)
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Taxodium distichum — Bald cypress (for large areas)
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Tilia tomentosa — Silver linden (open space tree)
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Ulmus parvifolia — Lacebark elm/Chinese elm
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Ulmus Hybrids — disease-resistant trees like "Homestead,"
"Pioneer," "Accolade," "Frontier," "Liberty" and "Urban"
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Zelkova serrata — Zelkova ("green vase" is not recommended
in commercial areas where it may block signage)
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Utility-compatible trees
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Group A (under-wire use)
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Group A applies to most plantings under utility lines. This
is necessary because most wires are less than 25 feet above the ground.
Where possible, offset trees so they are not directly under the wires.
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Acer ginnala — Amur maple, 15 feet to 20 feet
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Acer Tataricum — Tatarian maple, 15 feet to 25 feet
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Crataegus crus-galli var. 'Inermis' — Thornless cockspur
hawthorn, 15 feet to 20 feet
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Crataegus laevigata 'Superba' — Crimson cloud hawthorn
(tree form), 15 feet to 20 feet
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Magnolia stellata — Star magnolia (tree form), 10 feet
to 20 feet
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Malus cultivars — crabapple (disease resistance emphasized),
all under 22 feet
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Adams, Amsalzam, Centurion, Donald Wyman, Harvest Gold, Prairifire,
Professor
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Sprenger, Red Jewel, Robinson, Sentinel, Sugar Tyme, Strawberry
Parfait (always specify tree from the crabapple selection)
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(Fruit makes Malus undesirable in commercial areas)
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Malus floribunda — Japanese flowering crabapple, under
25 feet
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Malus sieboldii x zumi 'Calocarpa' — Zumi crabapple, under
25 feet
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Malus 'Spring Snow' tree form — Spring snow crabapple,
15 feet to 20 feet (fruit makes Malus undesirable in commercial areas)
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Group B (use only under wires 25 feet and higher)
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Group B applies only to utility plantings where the bottom wire
is over 25 feet above the ground.
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Where possible, offset trees so they are not directly under
the wires.
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Acer buergeranum — Triden maple (tree form), 20 feet to
30 feet
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Acer compestre — Hedge maple (tree form), 25 feet to 40
feet
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Acer campestre 'Evelyn' — Queen Elizabeth hedge maple,
30 feet to 40 feet
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Acer griseum — Paperbark maple, 25 feet to 35 feet
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Amelanchier laevis 'Cumulus' or 'majestic' — Apple serviceberry,
20 feet to 30 feet
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Amelanchier x grandiflora — Serviceberry (many cultivars),
20 feet to 30 feet
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Carpinus betulus 'Fastigiata' — European hornbeam (tree
form), 30 feet to 40 feet
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Carpinus caroliniana — American hornbeam (useful in full
shade), 20 feet to 35 feet
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Cercis canadensis — Eastern redbud, 25 feet to 30 feet
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Cornus kousa — Kousa dogwood (esp. Rutgers hybrids), 20
feet to 30 feet
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Koelreuteria paniculata — Goldenrain tree, 25 feet to
40 feet
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Magnolia 'Galaxy' — Galaxy magnolia (tree form), 20 feet
to 30 feet
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Phellodendron amurence — Amur corktree, 30 feet to 40
feet
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Purnus sargentii — 'Columnar' — Sargent cherry,
30 feet
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Prunus serrulata 'Amanogawa' — Japenese flowering cherry,
25 feet to 35 feet
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Prunus virginiana 'Shubert" — Shubert chokecherry, 20
feet to 30 feet
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Sorbus species — Mountain ash 15 feet to 35 feet (in limited
quantities)
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Syringa reticulate 'Summer Snow,' 'Ivory Silk' — Japanese
tree lilac, 20 feet to 25 feet
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Acer platanoides — Norway maple
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Acer pseudoplatanus — Sycamore maple
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Ailanthus altissima — Tree-of-heaven
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Albizia julibrissin — Mimosa
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Elaeagnus angustifolia — Russian olive
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Elaeagnus umbellate — Autumn olive
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Liquidambar Styraciflua — Sweetgum (all varieties)
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Morus alba — White mulberry
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Paulownia tomentosa — Princess tree
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Pinus thumbergiana — (Delaware) Japanese black pine
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Populus alba — White poplar
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Pyrus calleryana (and all cultivars) — Callery pear
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Rhamnus spp. — Buckthorn spp.
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Salix — Willow (all varieties)
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Ulmus parvifolia (Wisconsin) — Chinese elm (Drake)
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Ulmus pumila — Siberian elm
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Ulmus spp. x any Chinese or Siberian elm — Select hybrid
elms, i.e., Frontier
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