[Ord. 79-2005, passed 12-28-2005]
There is established in the City a Committee to be known as
the Urban Forest Committee. Hereafter to be referred to as the Committee.
[Ord. 79-2005, passed 12-28-2005]
For the purpose of this article, the following terms, phrases,
words and their derivations shall have the meaning given herein. When
not inconsistent with the context, words used in the present tense
include the future, words in the plural include the singular, and
words in the singular include the plural. The word shall is mandatory
and not merely directory.
(a)
URBAN FOREST — The collection of trees, shrubs, other vegetation,
and associated natural features that make up the urban tree canopy
and its growing zone.
(b)
URBAN FOREST PLAN — A written document that guides the work
of the Urban Forest Committee. City is the City of Erie, County of
Erie, Commonwealth of Pennsylvania.
(c)
PERSON — Any person, firm, partnership, association, corporation,
company or organization of any kind.
(d)
STREET or HIGHWAY — 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.
(e)
PARK — Shall include all public parks having individual names.
(f)
PUBLIC PLACES — Shall include all other grounds owned by the
City or other properties owned by County, State or Federal Government
in which the Urban Forest Committee has established a cooperative
arrangement for tree care.
(g)
PROPERTY LINE — The outer edge of a street or highway right
of way (R.O.W.).
(h)
TREE LAWN (R.O.W. EDGE) — That part of a street or highway,
not covered by sidewalk or other paving, lying between the property
line and that portion of the street or highway usually used for vehicular
traffic.
(i)
PUBLIC TREES — Shall include all shade and ornamental trees
now or hereafter growing on any street or on any public land where
otherwise indicated.
(j)
LARGE TREES — Those attaining a height of 45 feet or more with
a mature spread of 30 feet or more.
(k)
MEDIUM TREES — Those attaining a height of 30 feet to 45 feet
with a mature spread of 20 feet or more.
(l)
SMALL TREES — Those attaining a height of less than 30 feet
with a mature spread of 10 feet or more.
(m)
PRINCIPAL THOROUGHFARE — Major cross-town streets upon which
trucks are permitted.
(n)
PROPERTY OWNER — The person owning such property as shown on
Municipal Plat Maps.
(o)
CALIPER TREE TRUNK DIAMETER — The diameter measured at one
foot above ground level.
(p)
D.B.H. TREE TRUNK DIAMETER AT BREAST HEIGHT — The diameter
measured at 4.5 feet above ground level.
[Ord. 79-2005, passed 12-28-2005]
The Committee shall be composed of five to seven knowledgeable
residents of the City who shall be appointed by the Mayor and who
shall serve without compensation. Knowledgeable citizens may include
citizens with experience, formal training, or knowledge of: tree care,
gardening, forestry, landscape architecture, horticulture, public
utilities, civil engineering, architecture, contracting, arboriculture,
planning, or environment.
[Ord. 79-2005, passed 12-28-2005]
Of the initial appointees to the Committee, two Committee members
shall serve for a term of one year; two for a term of two years; and
one to three for a term of three years and, after the expiration of
the term of any Committee member, a successor shall be appointed by
the Mayor to serve for a term of three years. Vacancies in the office
of a Committee member shall be filled by the Mayor for the unexpired
term. Committee members shall serve no more than three consecutive
terms.
[Ord. 79-2005, passed 12-28-2005]
The Committee shall exercise stewardship of the public trees
and landscaping affecting them in the City and, upon approval of the
Director of the Department of Public Works, Property and Parks, is
authorized to plant, maintain, protect and remove trees on the public
streets and property within Erie City limits. Specific duties include,
but are not limited to the following:
(a)
Plan for planting, maintenance and care. To study the problems and
determine the needs of the City of Erie, County of Erie, pertaining
to its tree program. To formulate an Urban Forest Plan or single project
plans and to supervise and/or recommend actions to the Director of
the Department of Public Works, Property and Parks for planting, maintenance,
and care of trees along the rights of way, streets, and lands of the
City best suited to satisfy the problems common to utilities, traffic,
industry, weather, stormwater, environment, and the protection and
preservation of properties in the City and the public at large. To
recommend to the Director of the Department of Public Works, Property
and Parks, streetscape designs illustrating the type and kind of trees
to be planted upon such municipal streets or parts of municipal streets
or in parks as is designated in the Landscape Plan.
(1)
To provide regular and special meetings at which the subject
of landscapes and trees may be discussed by the members of the Committee,
officers and personnel of the City and its several divisions, and
all others interested in the landscape program.
(2)
That within a reasonable time after the appointment of the Committee,
the Committee shall meet and organize by the election of a chairman,
vice chairman and standing committee chairs.
(3)
A majority of voting members shall constitute a quorum to transact
business. Any member who fails to attend three consecutive scheduled
meetings may be subject to removal by the Chair, and shall be replaced
for the balance of his or her term by the appointing authority.
(4)
The said Committee shall provide for the adoption of rules and
procedures and for the holding of regular and special meetings as
said Committee shall deem advisable and necessary in order to perform
the duties set forth. A journal of proceedings and activities is to
be recorded.
(b)
Meetings. To meet at least four times a year at a public place and
time of their choosing. The meeting shall be open to the public.
(c)
Legislation. To propose such legislation as may be needed to pursue
the purposes for which the Committee was created.
(d)
Review of plans. To review design or construction plans for public
or private improvements that may call for the removal, planting, or
preservation of public trees.
(e)
Protection from disease. To develop and recommend to Director of
the Department of Public Works, Property and Parks an effective program
to protect trees within the City from damage by insects, pests, or
disease and to recommend techniques for the pruning or treating of
trees with the least toxic effective control methods to include both
trees along the lands, ways, streets and public properties of the
City, and with the consent of the property owners, trees on private
lands.
(f)
Budget. To develop and recommend to the Director of Public Works,
Property and Parks a budget to provide for an effective program of
tree protection and restoration and other activities necessary to
carry out the purposes of the Committee and upon approval of the Director
of the Department of Public Works, Property and Parks to actively
pursue support funding for those purposes.
(g)
Professional assistants. To determine and recommend to the Director
of the Department of Public Works, Property and Parks the need for
a professional forester, arborist, tree warden or other assistants
and such other employees as may be required to provide for an adequate
and continuous urban forest program in the City and the administration
and enforcement of this article and to recommend a list of preferred
qualifications and duties for such professional assistants.
(h)
Public education. To develop a sound educational program as it pertains
to the public's understanding of and cooperation with the program
of the Committee.
(1)
To assist the proper officials of the City of Erie, as well
as citizens and community groups, in the dissemination of news and
information regarding the selection, planting, and maintenance of
trees and other plants located within the corporate limits, whether
they be on private or public property.
(2)
To make such recommendations from time to time to the Director
of the Department of Public Works, Property and Parks as to desirable
legislation concerning the landscape program and activities for the
City.
(i)
Program of protection and replacement. To encourage proper pruning,
maintenance, protection and replacement of all trees within the City
and to develop an effective program to accomplish the same.
(j)
Inspections. To conduct inspections of trees within the City and,
with the consent of the property owners involved, to enter on private
property to make such inspections, in order to determine whether such
trees are hazardous to persons or property.
(k)
Removal of trees or branches. To recommend for the removal of trees
or limbs of trees on streets and lands of the City found to be hazardous
to persons or property or so affected by disease or by insect infestations
as to endanger the life or health of other trees in the City.
(l)
Additional duties. To perform such other duties and responsibilities
in connection with trees and the urban forest as a whole in the City
as are properly within the powers of the City and consistent with
the program set forth herein.
(m)
Rules and regulations. To issue rules and regulations governing the
planting, maintenance, care, removal and replacement of trees in furtherance
of the powers granted the Committee by statutes of the Commonwealth
and the ordinances of the City. Such rules and regulations shall be
approved by the Committee and submitted to the Director of Public
Works, Property and Parks for approval. Upon such approval, the rules
and regulations shall have the same effect as this article.
(n)
Variations. The Committee, upon approval of the Director of the Department
of Public Works, Property and Parks, in each case shall have the power
to grant variations and exceptions from the strict applications of
the terms of this article and any rules and regulations issued thereunder
upon the written application of the property owner involved and the
showing of a good and sufficient reason therefor. In granting such
variations and exceptions, the Committee, upon approval of the Department
of Public Works, Property and Parks, may impose such conditions as
it deems necessary to insure compliance with the purposes of this
article.
(o)
Ordinance review. To review the Urban Forest Ordinance every five
years ensuring its relevance to current City needs.
(p)
Additional activities. The Committee, upon the approval of the Director
of the Department of Public Works, Property and Parks, may engage
in any other lawful activity in pursuit of the mission, which may
benefit the urban forest including such activities as:
(1)
Apply for Tree City Status with the National Arbor Day Foundation.
(2)
Conduct seminars and public education programs.
(3)
Plan and coordinate an annual Arbor Week observance.
(4)
Develop a community tree bank.
(5)
Develop or support botanical gardens and arboreta.
(6)
Identify and protect community forest preserves and natural
areas.
(7)
Provide technical advise and assistance to developers, builders,
contractors, public utilities, public agencies, homeowners and community
groups in selecting tree species to be planted or naturally occurring
trees to be protected during the development of wooded areas.
(8)
Organize Urban Forestry projects.
(9)
Seek grant money, public funding and private contributions to
further the work of the Committee.
[Ord. 79-2005, passed 12-28-2005]
(a)
The Committee shall have the authority to formulate an Urban Forest
Plan with the advice of consultants, City agencies, public hearings,
and approval of the Director of the Department of Public Works, Property
and Parks.
(1)
The Urban Forest Plan shall include, but not be limited to,
the goals and mission of the Committee; an inventory of resources;
needed work; associated cost and time schedules for such work; and
relevant information, such as activities of the Committee, standard
tree maintenance and planting specifications, and permit application
procedures.
(2)
The Urban Forest Plan following formation by the Committee shall
be sent forward to the Director of the Department of Public Works,
Property and Parks with recommendations for action.
(b)
The City Arborist, with the approval of the Committee and the Director
of the Department of Public Works, Property and Parks, shall have
the authority to amend or add to the Plan at any time.
[Ord. 79-2005, passed 12-28-2005; Ord. 35-2008, passed 7-2-2008]
No person shall plant, maintain, remove or disturb any tree
or shrub on any street or municipal owned property without filing
an application and procuring a permit from the City Arborist.
(a)
Planting permit. The following are required in permit application:
(1)
Application data. When making application for a planting permit,
the Applicant shall submit a landscape design which illustrates the
number of trees or other plants to be planted, their location, grade,
species, or variety of each plant; the method of planting; and such
other information as the City Arborist shall find reasonably necessary
to a fair determination of whether a permit should be issued.
(2)
Proper planting. Whenever any tree shall be planted on public
land, it shall be planted, staked as necessary, watered and mulched
in accordance with proper planting specifications issued by the City
Arborist.
(b)
Maintenance permit. The following are required in permit application:
(1)
Application data. When making application for a maintenance
permit the Applicant shall state the number and kinds of trees to
be pruned, treated, or otherwise manipulated; the composition of any
chemical treatment to be applied; and such other information as the
City Arborist shall require to determine whether a permit should be
issued.
(2)
The City Arborist shall annually issue area permits allowing
public utilities to prune and maintain vegetation on public places.
Non emergency utility pruning or other treatment shall be done in
accordance with standard arboricultural practices and nearby neighbors
shall be informed by posted door notices at least three weeks in advance.
(c)
Removal and replacement permit. The following are required in permit
application:
(1)
When making application for a tree removal permit, the Applicant
shall illustrate the number and kinds of trees to be removed, their
size, locations, health and age condition, reason for removal, the
method of removal, and such other information as the City Arborist
shall find reasonably necessary to a fair determination of whether
a permit should be issued.
(2)
When an applicant requests a tree removal permit to cut down
a sound, properly placed and positively valued contributing tree,
the City Arborist may propose a viable alternative.
(d)
Special collection permit. A permit may be issued for special educational
sampling, specimen collecting, or demonstration purposes. The City
Arborist shall evaluate such applications for merit and assurance
of not harming the urban forest resources.
(e)
Fees. An administrative fee of $50 shall be collected for every tree
removal application as required by Article 165.07(c). (Removal and
Replacement Permit) upon the approval of the City Arborist. This fee
may be waived in the case of hazardous tree removals as determined
by the City Arborist.
[Ord. 79-2005, passed 12-28-2005]
Upon obtaining the necessary permits, the owners of properties
abutting the streets and highways of the City shall be permitted to
plant, maintain, and remove trees on the lands abutting their properties
between the front property lines of such property and the traveled
portion of such streets and highways only in accordance with the terms
and provisions of this article and any rules and regulations of the
Committee of the City adopted in accordance herewith.
[Ord. 79-2005, passed 12-28-2005]
It shall be the duty and responsibility of the Director of the
Department of Public Works, Property and Parks to prepare and administer
the rules and regulations governing the planting, maintenance and
removal of trees on public property and within the City rights of
way. These rules and regulations shall contain all necessary provisions
to provide for the safety of the public and the overall health and
care of the trees and the urban forest as a whole within the City
of Erie. The rules and regulations are incorporated herein by reference
so as to become part of this article. The Director of the Department
of Public Works, Property and Parks is empowered to make changes to
program regulations as necessary.
[Ord. 79-2005, passed 12-28-2005]
(a)
Damage, cut, carve, transplant or remove any tree or plant or injure
the bark.
(b)
Pick the flowers or seeds of any tree or plant.
(c)
Attach any sign, rope, wire or other contrivance to any tree or plant.
(d)
Dig in or otherwise disturb grass areas, or in any other way injure
or impair the natural beauty or usefulness of any area;
(e)
Cause or permit any wire charged with electricity to come in contact
with any tree or plant or allow any gaseous, liquid or solid substance,
which is harmful to such trees or plants to come in contact with them.
[Ord. 79-2005, passed 12-28-2005]
(a)
The City Arborist is authorized and empowered to issue written orders
to the owner or occupant of any property abutting the public streets
or highways in the City where trees are located on the land abutting
the front property line of the property, between the front property
line thereof and the traveled portion of such street or highway, to
remove, abate or correct any dangerous or hazardous condition, infestation
or disease of any tree located thereon. Such order shall be in writing
and issued by authority of the City Arborist and shall be served upon
the person concerned, either personally or by registered or certified
mail, or in the event that no owner or occupant can be found, by posting
a copy of the same on the premises. The order shall provide a time
limit for compliance as determine by the City Arborist.
(b)
Any person or party affected by such order shall have the right of
appeal therefrom to the Director of Public Works, Property and Parks
or such officer designated by him/her to hear and determine such appeals.
Such appeals shall be made in writing within seven days from the service
of the order of the City Arborist, and the appeal officer designated
herein, shall, upon review of the written appeal, affirm, modify or
revoke the order of the City Arborist and deliver notice thereof to
the person appealing within seven days from the filing of the appeal,
together with a date for compliance with the order as affirmed or
modified.
[Ord. 79-2005, passed 12-28-2005; Ord. 35-2008, passed 7-2-2008]
(a)
Whenever any person or party to whom an order is directed shall fail
to comply with any order issued by the City Arborist or the appeal
officer designated herein under the authority of this article, of
the removal, abatement, correction or replacement of any tree or condition
of any tree subject to the provisions of this article, within the
time provided for such actions, the City is authorized to undertake
such action through its agents or employees or to contract with others
for such purpose, and the charges and costs of same shall be charged
against the property which abuts the location where such condition
exists, and in the event of replacement of a tree, such replacement
cost shall not exceed $400.
(b)
The officer or agent of the City charged with the performance of
such duties under the terms of this article shall, upon completion
of the work, certify the cost of same to the City Treasurer who shall
bill the owner of the property involved for the amount thereof as
a special assessment. In the event of nonpayment of the assessment
within 30 days from the date of notice of same, the City Treasurer
shall forward the same to the City Solicitor who shall promptly enter
the same as a lien against the property involved.
(c)
The undertaking of such work by the City, and the entering of an
assessment and lien in the event of nonpayment of the assessment,
shall in no way operate to relieve any person violating any of the
provisions of this article or the rules and regulations of the Committee,
issued under the authority of this article, or failing to comply within
the period stated in any order of the City Arborist from the penalties
provided herein for the violation of the provisions hereof.
[Ord. 79-2005, passed 12-28-2005]
The powers, functions and duties of the Committee and the administration
and enforcement of this article are assigned to the Department of
Public Works, Property and Parks and such personnel of that Department
as the Director shall designate to such duties.
[Ord. 79-2005, passed 12-28-2005]
All foliage placed on public property of the City shall consist
of live natural plant life.
[Ord. 79-2005, passed 12-28-2005]
Should the Courts declare any section, clause, or provisions
of this article to be invalid, the same shall not affect the validity
of the article as a whole, or parts thereof, other than the part declared
to be invalid.
[Ord. 79-2005, passed 12-28-2005]
If any subsection, sentence, clause, provision or part of this
article shall be held invalid for any reason, the remainder of this
article shall not be affected thereby, but shall remain in force and
effect.
[Ord. 35-2008, passed 7-2-2008]
(a)
Whoever violates Article 165.07(c) (Removal and Replacement Permit)
by failing to obtain a permit for tree removal and replacement shall
be fined not more than $300 and, in default of payment thereof, imprisoned
not more than 30 days.
(b)
Whoever violates Article 165.10 (Abuse or mutilation of trees or
plants) shall be fined not more than $500 for small trees, $750 for
medium trees, and $1,000 for large trees, as defined by Article 165.02(j),
(k) and (l), respectively and, in default of payment thereof, imprisoned
not more than 30 days.
