[Ord. 802, 6/6/1972, Section 1]
This Ordinance shall be known as the Planting Strip Paving Ordinance.
[Ord. 802, 6/6/1972, Section 2]
The following definitions shall apply to the provisions of this
ordinance:
The inside edge of the curb on the street cartway, if installed,
and, if not, then the edge of the cartway of the street adjoining
the premises.
Any material which is essentially impermeable by water, fertilizer
and the like, including bituminous paving, concrete paving, impermeable
plastic and the like.
Any person, corporation, partnership, persons who or which
may be the owner of real estate in the Borough of State College.
To lay or permit to be laid or permit to remain, pavement
in the planting strip.
The space between the sidewalk and curbline on any street
or roadway of the Borough of State College.
The sidewalk adjoining any such premises, if installed and,
if not, then the line of the street or alley right-of-way adjoining
the premises.
[Ord. 802, 6/6/1972, Section 3]
No person shall place or maintain any pavement in the planting
strip unless the Tree Commission of the Borough grants written approval
to do so, which written approval shall certify to the Council of the
Borough that such pavement will not endanger the health of any tree
located in the planting strip.
[Ord. 802, 6/6/1972, Section 4]
If the (Tree) Commission deems the health of existing trees
to be endangered by the location of pavement in any planting strip,
the (Tree) Commission may order removal of such paving as it may deem
necessary to protect the health of said trees. Such order shall be
in writing and directed to the owner of the premises and either mailed
to said owner by certified mail or posted on the premises. Within
30 days after service on such owner, the owner shall cause to be removed
the pavement as designated by the (Tree) Commission.
[Ord. 802, 6/6/1972, Section 5]
In the planting strips where pavement is prohibited under the
terms of this ordinance, placing or maintaining materials other than
grass, such as other vegetation, crushed stone, unmortared brick and
paving blocks, shall be permitted if the (Tree) Commission, after
a request for such placement, certifies, in writing, that placement
of such material will not endanger the health of trees located in
such planting strip, and approved such placement.
[Ord. 802, 6/6/1972, Section 6]{80}
Any person violating the terms of this Ordinance shall, upon
conviction, pay a fine not exceeding $100 plus costs, and each day
that a violation continues may be deemed a separate violation.
