[HISTORY: Adopted by the Town Council of the Borough of West
View 7-7-1915 by Ord. No. 190 (Ch. 129 of the 1977 Code); amended
in its entirety 4-10-2014 by Ord. No. 1479. Subsequent amendments
noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch.
110.
Housing and property maintenance — See Ch.
180.
The three-person Commission shall be appointed by the Town Council
of the Borough of West View, comprised of three Borough residents,
serving without compensation, and the Town Council directs that two
residents shall be appointed for a term of three years and the third
resident shall be appointed for a term of two years. Subsequent appointments
shall be for a four-year term. Vacancies shall be filled by Town Council
to any unexpired term and the appointment of a Shade Tree Commissioner
from the Commission members shall be of Council's desire and
discretion.
The West View Shade Tree Commission shall have full custody
and control of the shade trees and other plant materials (grass excepted)
within the right-of-way of public streets and highways and in all
public areas within the corporate limits of the Borough of West View,
with the exemption of the "green infrastructure" portion of Center
Avenue between Hawthorne and Norwich Avenues.
The West View Shade Tree Commission shall prepare and recommend
to Town Council rules and regulations necessary to manage shade trees
and to institute proper arboricultural practices. Such regulations
shall be adopted by ordinance.
It shall be the policy of said Commission to cooperate with
the public and property owners insofar as possible at all times, and
no planting or removal of any plant materials of a public nature shall
be undertaken without notifying the property owner or owners in advance.
This shall not include such minor items of work as pruning, bracing,
bolting or spraying which may be of a seasonal nature or which may
be done by reason of immediate danger to the safety of the public
or for proper protection of the trees or shrubs.
No person, firm or corporation shall, without a permit duly
issued by the Borough Manager, prune, bolt, spray, brace or paint
or remove any tree, shrub or evergreen from within the limits of any
public right-of-way, street, highway, park, parkway or public playground
within the corporate limits of the Borough of West View nor shall
they interfere with the main roots in any way nor place or affix any
poster or any other fixture on any tree or tree guard, shrub or evergreen
so located, nor remove any device placed to protect the same, nor
shall they park a vehicle nor pile any harsh or heavy materials against,
nor shall they hang anything from any tree, shrub or evergreen within
the limits of any public right-of-way, street, highway, park, parkway
or public playground within the corporate limits of the Borough of
West View.
No person, firm or corporation shall place or hereafter maintain
upon the ground within the right-of-way of any public street, lane,
alley, park or public playground any stone, concrete, brick, mastic
paving, gravel or any other substance which might impede the free
passage of air and water to the roots of any tree, shrub or evergreen,
without leaving a clear space of at least eight square feet surrounding
the trunk of the tree or evergreen or the base of any shrub.
Any person, firm or corporation or his, her, their or its agents
or representatives in charge of the erection, repair or demolition
of any structure or the excavation for the same, where trees, shrubs
or evergreens within the public rights-of-way, streets, highways,
parks, parkways or public playgrounds within the corporate limits
of the Borough of West View might be affected, shall not proceed with
said work until they have placed adequate guards around all of said
trees, shrubs or evergreens that may be so affected.
Any person, firm or employee of any corporation who shall injure in any manner any living tree, shrub or evergreen or ground cover (grass excepted) within the public rights-of-way, streets, highways or any public property within the corporate limits of the Borough of West View shall be liable for damages and penalties as set forth in §
265-21 of this chapter.
No person, firm or corporation or his, her, their or its agents
or representatives shall maintain any trees, shrubs or evergreens
overhanging the traveled or used portion of any public rights-of-way,
streets or highways, unless the same shall have an adequate clearance,
wet or dry, to permit pedestrian and/or vehicular traffic. The West
View Shade Tree Commission shall have the right to designate, from
time to time, what shall constitute an adequate clearance wherever
the condition of the site shall warrant a specific clearance for public
safety or convenience.
The Mayor or Borough Manager, when so authorized by the Council,
may, upon receipt of complaint from the West View Shade Tree Commission,
require of any owner or occupier of property having any shade trees,
shrubs or evergreens within or overhanging the limits of any public
right-of-way, street, highway, park, parkway or public playground
within the corporate limits of the Borough, which may appear or threaten
to be a public nuisance or dangerous to children, traffic or the public,
or threaten or appear so to be, to remove or prune the same so as
to abate the actual or threatened nuisance or dangerous condition,
and on failure of the property owner or owners or occupiers so to
do, after reasonable notice, the Mayor or Borough Manager may cause
the same to be done, with percentage and costs added as hereinafter
provided.
Only such trees or other items of plant material shall be removed
from the public rights-of-way, streets, highways or from public property
as shall be considered by the West View Shade Tree Commission to constitute
a definite hazard to life or property, a public nuisance or a definite
threat to the uninterrupted service of the public utilities within
the Borough or because of a change or revision in the planting plans
for the Borough trees.
All trees to be planted shall meet with the approval of the
West View Shade Tree Commission from the standpoints of a good appearance,
longevity, freedom from insect and other diseases or trees of exceptional
value in particular locations within the Borough. No tree shall be
planted or removed without a written permit. The application for the
permit will include information designating the type of tree and the
place to be planted or removed. The Commission shall have the authority
to approve or disapprove all actions. Prohibited trees along streets,
lanes or highways of the Borough of West View or within 50 feet of
any public sewer shall hereafter be unlawful. It is prohibited to
plant or maintain any Carolina Poplar Tree or Callery Pear Tree within
the Borough and the placing, planting or maintenance of the same is
hereby declared to be a nuisance.
A. All trees to be planted within the public rights-of-way, streets,
highways or upon public property within the Borough shall not be less
than 1 1/2 inches in diameter, six inches above the ground and
at least 10 feet in height, unless specifically specified otherwise
by the West View Shade Tree Commission for use in some particular
location where smaller or balled type of tree may be advisable.
B. All such trees shall have straight trunks, well-developed leaders,
tops and roots characteristic of the species or variety to be planted;
free from all diseases and insect pests or mechanical injuries and
any other objectionable features. Bottom branches shall be seven feet
above the ground, unless otherwise specified by the Commission.
All trees in public streets and highways of the Borough shall
be planted in the center of the strip between the curb and the sidewalk
unless otherwise specified or allowed by the Commission and shall
be spaced at least 30 feet apart for such trees as hawthorns, dogwoods,
flowering apples or cherries or other trees which do not grow to a
normal height of over 30 feet. All trees growing to a normal height
of 40 feet or over shall have a minimum spacing of at least 40 feet
and preferably 60 feet if conditions will allow.
All trees (unless directed otherwise by the Commission) shall
be planted in holes at least four feet in diameter whenever space
will allow, and the holes shall have a minimum depth of three feet
with extra side drainage from the bottom in the case of poorly drained
or very hard soil areas. At least 1/2 new topsoil shall be provided,
together with three shovelfuls of peat moss. Trees shall be triple
guyed, unless otherwise ordered by the Commission, with upright stakes
at least 2 1/2 inches in diameter set four feet in the ground
and secured to tree with rubber hose and wire at least five feet above
the ground.
All work in connection with planting, pruning, spraying, bolting
or painting shall be done and performed in accordance with best accepted
arboricultural or horticultural practice, including sterilization
of shears, pruning saws, etc., after being used on diseased trees.
When trees are removed, they shall be cut as close to the ground
as conditions will permit with a power saw, and all stumps shall be
treated immediately with an approved root and stump destroyer.
The foregoing provisions of this chapter shall not apply where
they materially interfere with lawful and public improvements, maintenance
or repair of public streets and highways, public parks and public
playgrounds, by the Borough of West View, its duly authorized agents
and employees or by the county, state or federal governments.
No person, firm or corporation nor employee thereof shall be
employed by the Borough of West View or its West View Shade Tree Commission
in connection with any of the work covered or contemplated under the
provisions of this chapter unless and until he, she, it or they have
furnished to the Borough Manager proof of satisfactory workers'
compensation insurance so as to afford proper protection to the Borough
and the Commission.
A. Any person, firm or corporation or employee thereof granted a permit
to remove, spray, bolt, brace or prune any tree, shrub, evergreen
or ground cover, with the exception of grass, within the public rights-of-way
or on public property within the Borough shall post a bond or furnish
evidence of the same to the Borough Manager in an amount and form
to be approved by the Manager or the Mayor or shall have taken out
or take out and maintain satisfactory public liability and property
damage insurance in the amount of $100,000 combined CSL.
B. This provision of this chapter may be waived by the Borough Manager
as far as the bond and insurance are concerned, if and when the Borough
Manager shall decide that the work to be performed is not likely to
be of any foreseeable injury of a bodily nature to the public or to
public or private property, but any person operating under such waiver
must furnish evidence to the Borough Manager that he or she carries
full public and comprehensive liability of a reasonable nature, as
well as workers' compensation, and he or she shall waive all
rights for compensation or damages by the Borough of West View and
to include naming the Borough of West View as an additional insured.
A. Any person, firm or corporation violating any of the provisions of
this chapter shall, upon conviction thereof, be punishable by a fine
of not more than $1,000, plus costs of prosecution, and in default
of payment of such fine and costs, by imprisonment for not more than
30 days for any single violation of this chapter, or the Borough may
elect to collect such judgments and costs by execution or other process
as provided by law. Such fine shall be recoverable as like penalties
are by law recoverable. Each succeeding 24 hours that said tree or
trees are maintained after the time fixed by this chapter for removal
shall be deemed and taken as a new offense.
B. In lieu of or in addition to the penalty hereinabove provided, the
Borough of West View, at its option, may require the person, firm
or corporation so injuring or removing any trees, shrubs or evergreens
in violation of this chapter to cause the same to be replaced or the
damage caused thereby corrected and, in default thereof, may cause
the replacement or correction to be made or done and all costs thereof
to be collected by suit which assumes it or the filing of a lien with
a record of costs and percentages added as provided by law.
C. Permit fees shall be set by resolution of the Borough Council and
may be adjusted from time to time by resolution adopted by Borough
Council.
A. Any vegetation abutting any street, alley, cartway or right-of-way
or on an owner's real property which poses an imminent and clear
and present danger to persons, real property, personalty or the likelihood
of same, violates this chapter.
B. Any vegetation abutting any street, alley, cartway or right-of-way
or on an owner's real property that interferes with or is likely
to interfere with electricity lines or communication lines violates
this chapter.
C. Any vegetation abutting any street, alley, cartway or right-of-way
or on an owner's real property that interferes with pedestrian
or vehicle traffic or which is causing damage to sidewalks, streets,
alleys and/or Borough cartway or right-of-way violates this chapter.
A. Emergency. Whenever any vegetation abutting any street, alley, right-of-way
or situate on an owner's real property which has caused a dangerous
condition, the property owner must take immediate, safe and proper
abatement measures. Upon failure of the owner to act, or where an
owner cannot be contacted, the Borough may cause the abatement to
be done and to levy a charge against the property for any cost incurred.
B. Imminent danger. Whenever any vegetation abutting any Borough street,
alley, cartway or right-of-way or on an owner's real property
presents an imminent and clear and present danger of causing damage
to persons, real property or personalty, the real property owner will
have 48 hours to remove or abate the hazard in a manner acceptable
to the Borough of West View. Upon failure of the owner to comply with
such notice, the Borough may cause the removal of the hazard and levy
a charge against the property for costs incurred.
C. Obvious danger. Whenever any vegetation abutting any Borough street,
alley, cartway or right-of-way or an owner's real property presents
an obvious or potential danger of causing damage to persons, real
property or personalty, the real property owner shall have 45 days
to remove or abate the potential hazard in a manner acceptable to
the Borough of West View.
A. Notice of violation.
(1) The West View Borough Police Department, West View Volunteer Fire
Department or designated Code Enforcement Officer will attempt to
notify the property owner of any violation of the above.
(2) Upon observation or having received an opinion from an arborist or
upon information received from the Code Enforcement Officer, shall
notify the offending property owner by first class mail of any violation
of the above.
B. Failure of owner to respond.
(1) When the property owner does not immediately respond or timely response
is not available under a violation of this chapter, the Borough may
take appropriate abatement measures, including pruning, removal and
cleaning using West View Borough employees or a contracted service.
(2) If the property owner does not comply with any requirement of this
chapter and any time frame required by the appropriate section, the
Borough's Code Enforcement Officer or any West View Police Department
Officer shall issue a nontraffic citation to the real property owner.
(3) Any person convicted of violating any section of this chapter shall
pay a fine not exceeding $1,000 and costs of abatement including wages,
costs and contracts to third parties, shall be a lien on the owner's
real property as well as collectable jointly and severally against
owners by civil suit in addition to actions for collections by the
judicial system.