Borough of Bath, PA Trees

The following words and phrases, when used in this article, shall have the meaning hereby ascribed to them, except in those instances where the context already indicates a different meaning:

PARK

A park or play area owned or leased by the Borough of Bath and dedicated to public use as a recreational area.

PERSON

Any natural person, firm, association, partnership or corporation.

RECREATION PLACES

Any area, whether attached to a park or not, which is owned or leased or maintained by the Borough of Bath for recreational purposes, such as public parks, parkways and playgrounds, playfields, swimming pools, public baths, bathing places indoor recreation centers, gymnasiums or other areas intended for recreational public use.

SHADE TREE

Any tree, shrub or other woody plant within the right-of-way of any public highway in the Borough of Bath, in any park or recreational area owned or leased by the Borough of Bath, or that part of any tree, shrub or other woody plant which extends within the right-of-way lines of any public highway, walkway, or thoroughfare.

§ 604-2 Authority of Borough Council over recreation places. [1]

Borough Council shall have the power to provide, maintain, and regulate recreation places within the Borough limits or in any adjacent municipal corporation if the other municipal corporation shall, by ordinance, signify its consent thereto, pursuant to Section 2701 of Article XXVII of the Borough Code (reenacted May 17, 2012, P.L. 262, No. 43).[2]

[2]

Editor's Note: See 8 Pa.C.S.A. § 2701.

Borough Council, or its designated appointee, shall have the exclusive authority concerning the equipping, management, maintenance and scheduling of use of all recreation places within the Borough of Bath. Expansion of recreation places shall be determined at the discretion of only Borough Council via resolution or ordinance where required by law.

Borough Council shall hold all powers pertaining to recreation places as described in Sections 2701, 2702, 2703, 2708, 2709, 2710 and 2713 in Article XXVII of the Borough Code (reenacted May 17, 2012 P.L. 262, No. 43).[3]

[3]

Editor's Note: See 8 Pa.C.S.A. §§ 2701, 2702, 2703, 2708, 2709, 2710, and 2713, respectively.

[1]

Editor's Note: See Ch. 440, Parks and Recreation Places.

§ 604-3 Authority of Borough Council over shade trees.

Borough Council shall have the exclusive authority of the care, custody and control of shade trees within the Borough of Bath. Council may from time to time and at its sole discretion, plant, transplant, remove, maintain and protect shade trees on any public highway, walkway, or thoroughfare. Trees whose branches and roots extend into the public right-of-way of such highways, walkways or thoroughfares or whose existence is determined to be a menace or nuisance to the usage of such are subject to the same. Council reserves the right to employ and pay persons as it sees necessary for the care and protection of shade trees within the Borough of Bath.

Trees, roots, or branches located a distance of at least 12 feet behind the curbline or behind the sidewalk shall be deemed to be on private property.

Borough Council shall enact all regulations as they determine necessary in order to allow for the proper care and protection of shade trees located on public property owned or leased by the Borough and trees extending into the right-of-way of a public highway, walkway or thoroughfare, above and below the surface of the earth. Borough Council, or its designated appointee, shall enforce the regulations as pertaining to shade trees within the Borough of Bath.

Borough Council shall hold all powers pertaining to shade trees as described in Sections 2720, 2721, 2722 and 2724.1 in Article XXVII of the Borough Code (reenacted May 17, 2012 P.L.262, No. 43).[1]

[1]

Editor's Note: See 8 Pa.C.S.A. §§ 2720, 2721, 2722 and 2724.1, respectively.

§ 604-4 Authority of Borough Council over forests.

Borough Council may acquire, by purchase, gift, or lease, and hold tracts of land covered with forest tree growth or suitable for the growth of trees, and administer the same in accordance with the practices and principles of scientific forestry, for the benefit of the Borough of Bath. Such tracts may be of any size suitable for the purpose and may be located within or without the Borough of Bath limits, pursuant to Section 2751 of Article XXVII of the Borough Code (reenacted May 17, 2012, P.L.262, No. 43).[1]

[1]

Editor's Note: See 8 Pa.C.S.A. § 2751.

Borough Council shall hold all powers pertaining to forests as described in Sections 2751, 2753, 2754, 2755, 2756, 2757, 2758 and 2759 in Article XXVII of the Borough Code (reenacted May 17, 2012 P.L.262, No. 43).[2]

[2]

Editor's Note: See 8 Pa.C.S.A. §§ 2751, 2753, 2754, 2755, 2756, 2757, 2758 and 2759, respectively.

§ 604-5 Parks and Recreation Committee of Borough Council.

Council will, during its biennial reorganization, designate three Council members to serve as members of the Parks and Recreation Committee of Borough Council. The term of the appointment, subject to change by an act of Borough Council or by formal written resignation of the Committee member at any time, shall commence from the biennial reorganization meeting through to the duration of the next biennial reorganization meeting. One member of the Council shall be designated as Chairperson, as determined by Borough Council.

The Parks and Recreation Committee of Borough Council shall make recommendations to the Borough Council for the equipping, maintenance, scheduling of use and expansion of all recreation places under the control of the Borough of Bath. Borough Council will take these recommendations under consideration and then take action in accordance with §§ 604-3, 604-4 and 604-5, as deemed necessary.

The Committee shall recommend Park Rules to the Borough Council for adoption and posting at recreation places under control of the Borough of Bath. Borough Council will take these recommendations under consideration and then take action in accordance with §§ 604-3, 604-4 and 604-5, as deemed necessary.

The Chairperson shall be responsible to report to the Borough Manager any information which may require discussion at a monthly Borough Council Meeting for the purpose of placing the item(s) on the agenda. The item(s) must be submitted to the Borough Manager at least one week prior to the scheduled Borough Council Meeting.

§ 604-6 Tree damage.

No person shall plant, cut down or remove any shade tree under the jurisdiction of the Borough Council, or fasten any sign, wire, rope or other materials to, around or through any such shade tree, or deposit, place, store or maintain any stone, brick, sand, concrete or other material which may impede the free passage of water, air or fertilizer to the roots of any such shade tree, unless he or she shall first obtain permission from the Borough Council to do so.

Exception: newly planted trees may be guyed to provide stability during the first growing season.

§ 604-7 Payment of damages.

In the event of a shade tree being damaged, Borough Council may make a charge for repairs to the tree, plus the devaluation of the tree, against the person causing the damage to said tree. In the event of a shade tree being destroyed by any person, the Borough Council 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 said tree. Such payments must be made to the Borough of Bath Treasurer.

§ 604-8 Trees on private property.

The owner of any property or parcel within the Borough of Bath shall be responsible for the maintenance of all trees on the property, and shall cause branches from any shade trees overhanging public highways, walkways or thoroughfares within the Borough of Bath to be trimmed so that they will not obstruct the light from any streetlight or obstruct any traffic sign, traffic signal or traffic device, and so that there shall be a clear height of 14 feet above the surface of the street and 10 feet over the sidewalk. If any property owner shall neglect or refuse to cause shade trees to be trimmed as required, the Borough may cause such trimming to be done at the expense of the owner either by Borough employees or a by a subcontractor.

Where this amount is not voluntarily paid to the Borough Treasurer by the property owner, the Borough Council or its designated appointee shall initiate a civil enforcement proceeding as set forth in § 604-11.

§ 604-9 Trees affecting public health and safety.

When any tree along public highways, walkways or thoroughfares within the Borough of Bath or growing on private property but overhanging any public highway, walkway or thoroughfare within the Borough of Bath, in the opinion of the Borough Council or its designated appointee, endangers the life, health, safety or property of the public, or is affected by any contagious disease or insect infestation, it shall be within the discretion of the Borough Council or its designated appointee to determine what remedy is necessary and whether or not such tree must be removed. The owner of the property shall be notified in writing of the existence of the danger, disease or insect infestation and shall be given reasonable time for removal of the same.

If a dangerous, diseased or infested tree is not removed or corrected within the allotted time by the property owner, the Borough Council shall cause to be corrected or the tree removed, and the costs thereof shall be assessed to the property owner. Where this amount is not voluntarily paid to the Borough Treasurer by the property owner, the Borough Council or its designated appointee shall initiate a civil enforcement proceeding as set forth in § 604-11.

§ 604-10 Prohibited plantings.

No shade tree shall be planted on any public highway, walkway or thoroughfare in the Borough of Bath within 12 feet of the cartway where curbs have not been constructed. Where no curb exists, setback footage should be specified stating footage behind proposed curbline where trees may be planted. In no case shall this distance be less than 12 feet. The location of the proposed curbline shall be determined solely by the Borough Engineer designated by Borough Council. Further, no trees shall be planted, either new or by replacement of an existing, in the grass area between the curb and sidewalk.

§ 604-11 Violations and penalties.

Any person, firm or corporation who shall violate any provision of this chapter is subject to the penalties pursuant to the procedures described in Section 3321 of the Borough Code (reenacted May 17, 2012 P.L. 262, No. 43).[1] The Borough shall initiate a civil enforcement proceeding before a Magisterial District Judge. The civil enforcement proceeding shall be initiated by complaint or by such other means as may be provided by the Pennsylvania Rules of Civil Procedure. Penalties are not to exceed $600 per violation.

[1]

Editor's Note: See 8 Pa.C.S.A. § 3321.

Any person, firm or corporation found guilty of violating an ordinance may be assessed court costs and reasonable attorney fees incurred by the Borough of Bath during in the enforcement proceedings.

Borough Council reserves the right to delegate the initial determination of ordinance violation and the service of notice of violation to such officers or agents as the Borough shall deem qualified for that purpose.

§ 604-12 Recommended trees.

Large trees. Recommended for shade trees within the right-of-way of public highways in the Borough of Bath and Borough recreation places. (Note: Not suitable to be planted under overhead utility lines.)

Name	Size	Growth Rate	Light	Soil	Fall Color	Wildlife Benefit
Red Maple (Acer rubrum) • Red Sunset • October Glory	40 to 60H x 40 to 60W	Medium to fast 10 to 12 feet in 5 to 7 years	Sun/part shade	Moist	Yes	Food source: fruits and young shoots
Sugar Maple (Acer saccharum)	60 to 75H x 40 to 50W	Slow	Sun/part shade	Well drained	Yes	Food source: seeds and twigs
Armstrong Freeman Maple	50 to 70H x 50 to 20W	Fast	Sun/part shade	Well drained	Yes	Food source: seeds and twigs
Burr Oak (Quercus macrocarpa)	70 to 80H x 70 to 80W	Slow 15 to 20 feet over 20 years	Full sun	Wet/dry		Food source: acorns and twigs
Chestnut Oak (Quercus prinus)	60 to 70H x 60 to 70W	Medium to fast 12 to 15 feet over 7 to 10 years	Sun/partial shade	Well drained drought tolerant	Yes	Food source: acorns and twigs
Saw Tooth Oak (Quercus acutissima)	35 to 45H x 35 to 45W	Medium 16 feet in 32 years	Sun	Well drained		Food source: acorns and twigs
Swamp White Oak (Quercus bicolor)	50 to 60H x 50 to 60W	Slow to medium 12 to 15 feet over 10 to 12 years	Sun/partial shade	Drought tolerant	Yes	Food source: acorns and twigs
Willow Oak (Quercus phellos)	40 to 60H x 30 to 40W	Medium 1 to 2 feet per year	Full sun	Wet-dry		Food source: acorns and twigs
American Linden (Tilia americana)	60 to 80H x 40 to 60W	Medium 20 to 30 feet over 30 years	Sun/partial shade	Moist, well drained		Food source: twigs, seeds and nectar
Silver Linden (Tilia tomentosa)	50 to 70H x 30 to 50W	Medium 10 to 15 feet over 5 to 10 years	Full sun	Moist, well drained		Food source: twigs, seeds and nectar
Sweetgum (Liquidambar styraciflua - Rotundiloba)	60 to 75H x 40 to 59W	Medium to fast 20 feet over 20 years	Full sun	Moist, well drained	Yes	Food source: seeds
Cucumber Magnolia (Magnolia acuminate)	50 to 80H x 50 to 80W	Medium to fast 10 to 15 feet over 6 years	Full sun/partial shade	Moist, well drained		Food source: seeds
American Elm Hybrids (Ulmus americana)	60 to 80H x 30 to 50W	Medium to fast 10 to 12 feet over 5 years	Sun	Moist-dry	Yes	Food source: seeds and twigs
Sycamore (Platanus occidentalis, Platanus x acerifolia)	75 to 100H x 75 to 100W	Medium to fast 2 feet per year	Full sun/light shade	Moist
Bald Cypress (Taxodium distichum)	50 to 70H x 20 to 30W	Medium 50 to 70 feet over 30 to 50 years	Full sun	Wet-dry	Yes
Dawn Redwood (Metasequoia glyptostroboides)	70 to 100H x 25W	Fast 50 feet over 15 to 20 years	Full sun	Wet-dry	Yes
Hackberry (Celtis occidentalis)	40 to 60H x 40 to 60W	Medium to fast 20 to 30 feet over 10 to 15 years	Sun	Wet-dry		Food source: fruits and twigs; shelter and nesting sites

Medium-small trees. Recommended for shade trees within the right-of-way of public highways in the Borough of Bath and Borough recreation places. (Note: Not suitable to be planted under overhead utility lines without prior approval by Borough Council of the Borough of Bath.)

Name	Size	Growth Rate	Light	Soil	Fall Color	Wildlife Benefit
Chanticleer Pear (Pyrus calleryana)	35 to 40H x 16 to 25W	Slow	Sun	Wet-dry		Food source: fruit, buds
Sassafras (Sassafras albidum)	30 to 60H x 25 to 40W	Medium to fast 10 to 12 feet over 5 to 8 years	Full sun/light shade	Moist, well drained	Yes	Food source: twigs and fruit
River Birch (Betula nigra)	40 to 70H x 40 to 46W	Medium to fast 30 to 40 feet over 20 years	Sun	Moist		Food source: buds, seeds, leaves and twigs
American Hornbeam (Carpinus caroliniana)	20 to 30H x 20 to 30W	Slow 8 to 10 feet over 10 years	Sun/shade	Wet-dry	Yes	Food source: buds, seeds, leaves and twigs
European Hornbeam (Carpinus betula)	40 to 60H x 30 to 40W	Slow to medium 10 feet over 10 years	Sun/light shade	Well drained		Food source: catkins, buds, seeds, leaves and twigs
American Hophornbeam, Ironwood (Ostrya virginiana)	25 to 40H x 20 to 30W	Slow 10 feet to 15 feet over 15 years	Full sun/shade	Well drained dry		Food source: buds, catkins and seeds
Tartarian Maple (Acer tataricum)	15 to 20H x 15 to 20W	Slow to medium	Full sun/light shade	Drought tolerant	Variable
Amur Maple (Acer ginnala)	15 to 18H x 15 to 18W	Slow 12 to 20 feet over 10 to 20 years	Full sun/light shade	Moist, well drained	Variable
Hedge Maple (Acer campestre)	25 to 45H x 25 to 45W	Slow 10 to 14 feet over 10 to 15 years	Full sun/light shade	Wet-dry	Variable
Trident Maple (Acer buergeranum)	20 to 25H x 20 to 25W	Slow to medium	Full sun	Drought tolerant	Yes
Paperbark Maple (Acer griseum)	20 to 30H x 10 to 15W	Slow 6 to 12 inches over 10 to 15 years	Full sun	Moist, well drained	Variable

Flowering trees. Recommended for shade trees within the right-of-way of public highways in the Borough of Bath with prior approval of Borough Council; recommended within Borough recreation places. (Note: Suitable to be planted under overhead utility lines.)

Name	Size	Growth Rate	Light	Soil	Fall Color	Wildlife Benefit
Serviceberry, Shadbush (Amelanchier canadensis/ laevis, arborea)	15 to 25H	Medium 9 to 10 over 5 to 8 years	Sun/partial shade	Moist, well drained	Yes	Food source: fruits, twigs and leaves
Sweetbay Magnolia (Magnolia virginiana)	10 to 20H x 10 to 20W	Medium to fast	Sun/partial shade	Moist
Cockspur Hawthorn (Craetagus crusgalli)	20 to 30H x 20 to 35W	Slow to medium 10 to 14 feet over 6 to 10 years	Sun	Well drained	Yes
Eastern Redbud (Cercis canadensis)	20 to 30H x 25 to 35W	Medium 7 to 10 over 5 to 6 years	Full sun/light shade	Moist, well drained - adaptable		Food source: seeds, foliage and flower pollen for honeybees
Pagoda Dogwood (Cornus alternifolia)	15 to 25H x 20 to 30W	Slow after planting, medium when established	Partial shade	Moist, well drained		Food source: fruit
Cornelian Cherry Dogwood (Cornus mas)	20 to 25H x 15 to 20W	Medium	Sun/partial shade	Moist, well drained/dry		Food source: fruit
Japanese Dogwood (Cornus kousa)	20 to 30H x 20 to 30W	Slow	Sun	Moist, well drained/dry	Yes	Food source: fruit
White Dogwood (Cornus florida)	25 to 30H x 20 to 30W	Slow	Sun	Most, well drained/dry	Yes	Food source: fruit
Flowering Crabapple (Malus Numerous Cultivars)	15 to 25H x 25 to 30W	Slow	Sun	Moist, well drained	Yes	Food source: fruit
Japanese Stewartia (Stewartia pseudocamila)	20 to 40H x 10 to 15W	Slow	Sun	Moist	Yes
Japanese Snowbell (Styrax japonica)	20 to 30H x 20 to 30W	Medium 9 to 10 feet over 7 to 10 years	Full sun/partial shade	Moist, well drained
Tree Lilac (Syringa reticulata)	20 to 30H x 15 to 25W	Medium 9 to 12 feet over 6 to 8 years	Full sun	Well drained
Sargent Cherry (Prunus sargentii)	20 to 30H x 20 to 30W	Medium	Full sun	Well drained	Yes	Food source: fruit
Native Eastern Redbud	20 to 30H 20 to 30W	Slow	Full sun	Well drained	Yes	Food source: fruit and Twigs

Evergreen trees. Recommended for shade trees within Borough recreation places. (Note: Not suitable to be planted under overhead utility lines.)

Name	Size	Growth Rate	Light	Soil	Wildlife Benefit
Eastern Redcedar (Juniperus virginiana)	40 to 50H x 8 to 20W	Medium	Sun	Well drained - tolerant of adverse conditions
Fraser Fir (Abies fraseri)	30 to 40H x 20 to 25W	Slow	Sun/partial shade	Moist, well drained
Japanese Cryptomeria (Cryptomeria japonica)	50 to 60H x 20 to 30W	Medium 50 to 60 feet over 30 to 40 years	Full sun	Moist, well drained
American Holly (Ilex opaca)	40 to 50H x 18 to 40W	Slow	Full sun/partial shade	Well drained	Food source: fruit
Foster's Hybrid Hollies (Ilex x attenuta 'Fosteri')	20 to 30H x 10 to 15W	Slow - medium	Full sun/partial shade	Moist, well drained	Food source: fruit
Swiss Stone Pine (Pinus cembra)	30 to 40H x 15 to 25W	Medium	Full sun	Well drained	Food source: seeds
Lacebark Pine (Pinus bungeana)	30 to 50H x 20 to 35W	Slow	Sun	Well drained	Food source: seeds

Unacceptable trees. (Note: Due to weak wood, soil incompatibility, excessive fruit, noxious odor.)

Name
Ash (American or White) (Fraxinus americana, Fraxinus mandshurica)
Beech (Fagus hayatae, Fagus longipetiolata, Fagus grandifolia, Mexican Beech, Fagus sylvatica)
Black Locust (Robinia pseudoacacia)
Black Walnut (Juglans nigra)
Boxelder (Acer negundo)
Catalpa (Catalpa spp.)
Bradford pear (Pyrus calleryana "Bradford')
Fruit trees (apple, pear, plum, etc.)
Ginkgo, female and male (Ginkgo biloba)
Goldenrain Tree (Koelreuteria paniculata)
Honeylocust, thorned (Gleditsia tricanthos)
Norway maple (Acer platanoides)
Mulberry (Morus spp.)
Pin Oak (Quercus palustisi)
Poplars (Populus spp.)
Siberian elm (Ulmus pumila)
Silver maple (Acer saccharinum)
Tree of Heaven (Ailanthus altissima)
Willow (Salix spp.)

Other species. Planting of other species may be acceptable pending approval of the Borough Council of the Borough of Bath.