[Amended 9-8-1986 by Ord.
No. 761]
The Shade Tree Commission of the Borough of Narberth shall have
custody and control of the shade trees in and upon the public streets
of the Borough and shall have authority to plant, transplant, remove,
maintain and protect such trees.
[Amended 5-10-1948 by Ord. No. 387; 9-8-1986 by Ord. No. 761]
As used in this chapter, the following terms shall have the
meanings indicated:
SHADE TREES
Any tree on any public street in said Borough or any tree
or portion of a tree on private property which extends within the
lines of any public street in the Borough.
It shall be unlawful for any person, without first obtaining
a permit from the Shade Tree Commission, to cut, prune, break, climb
with spurs, injure in any manner or remove any shade tree; to cut
down or interfere in any way with the main roots of any shade tree;
to spray any shade tree with any chemicals or insecticides; to place
any rope, guy wire, cable, signs, posters or any fixtures on any shade
tree or shade tree guard; or to damage, misuse or remove any device
placed to protect shade trees, except in case of immediate necessity
for protection of life or property.
[Amended 9-8-1986 by Ord.
No. 761]
No tree shall be planted, transplanted or removed within the
limits of any public street in the Borough except with approval of
the Shade Tree Commission as evidenced by a permit granted therefor.
Such permit shall designate the place where such tree is to be planted,
transplanted or removed. The Shade Tree Commission may refuse a permit
to plant or transplant any species of tree which, in its opinion,
is not suited to the location.
[Amended 9-8-1986 by Ord.
No. 761
All trees within the lines of any public street in the Borough
shall be kept trimmed so that the minimum height over any public walk
shall be nine feet and the minimum height over any public road or
street shall be 14 feet; provided, however, that the Shade Tree Commission
may designate a higher clearance on certain streets where heavy traffic
or other conditions make it expedient. All trees standing on private
property and not within the lines of the public street, but having
branches projecting over a public street or walk, shall be trimmed
so that the lowest clearance shall be nine feet and 14 feet for the
walk and roadway, respectively, or such other height as may be specified
by the Shade Tree Commission.
[Amended 9-8-1986 by Ord.
No. 761]
The cost of planting, transplanting, trimming, pruning and removing any shade trees as defined in §
462-2 hereof, of installing or removing the necessary and suitable guards, curbing or grading for the protection thereof and of the replacing of any pavement or sidewalk disturbed in the execution of such work shall be paid by the owner of the property in front of which any of said work is done.
[Amended 9-8-1986 by Ord.
No. 761; at time of adoption of Code (see Ch. 1,
General Provisions, Art. I)]
Any person who violates or permits a violation of this chapter
shall, upon being found liable therefor, pay a fine of not more than
$600, plus court costs and reasonable attorneys' fees incurred by
the Borough in the enforcement proceedings. If the penalty is not
paid, the Borough shall initiate a civil action for collection in
accordance with the Pennsylvania Rules of Civil Procedure. Each day
a violation exists shall constitute a separate offense, and each section
of this chapter that is violated shall also constitute a separate
offense. In addition to or in lieu of enforcement under this section,
the Borough may enforce this chapter in equity in the Court of Common
Pleas of Montgomery County.