[HISTORY: Adopted by the Borough Council of the Borough of
Elverson 10-6-2009 by Ord. No.
2009-03. Amendments noted where applicable.]
There is hereby established a commission, to be known as the
"Shade Tree Commission," hereinafter referred to as "the Commission."
The Shade Tree Commission shall consist of five members, who
must be residents of the Borough of Elverson and who shall be appointed
by Borough Council. For the initial appointment, one member shall
serve for one year, one members for two years, one member for three
years, one member for four years, and one member for five years. Thereafter,
the term of each member shall be five years. A vacancy on the Commission
shall be filled by Borough Council for the unexpired term of a member.
The Commission shall have the right to make recommendations to the
Borough Council for candidates to fill the unexpired terms, as well
as full terms.
The members of the Commission shall serve without compensation,
but they may be reimbursed for expenses necessary to carry out the
objectives of the Commission when those expenses are deemed necessary
and appropriate and approved by Borough Council.
The Borough Council of the Borough of Elverson may, after a
duly advertised public hearing, remove any member of the Commission
from office for neglect of duty, malfeasance in office, or conflict
of interest.
The Commission shall elect its own Chairperson and shall create
and fill such other offices as deemed proper. The Commission shall
make and alter its rules of procedure consistent with the ordinances
of the Borough and the laws of the Commonwealth of Pennsylvania. It
shall keep records of its resolutions, transactions, findings and
determinations, and such records shall be considered "public records,"
except when contrary to the public interest as determined by Borough
Council pursuant to applicable statutes, ordinances or other rules
and regulations. A majority of the Commission shall constitute a quorum,
and action taken at any meeting shall require the affirmative vote
of that majority.
The following words as used in this chapter shall, in addition
to their general meaning, have those ascribed as follows:
Any or all individuals, firms, associations, corporations
or organizations of any kind or nature, and the singular shall include
the plural.
Any person having any interest whatsoever in real estate
or real property within the Borough of Elverson, whether as owner,
beneficiary, administrator or person for the time being in possession.
Trees along the Borough's public streets which are uniform
in space and species. The meaning shall include the stump, roots or
any part of a tree.
A.
As a condition precedent to ordering general street tree plantings
in any given area of the Borough, the Commission shall first prepare
and submit to Borough Council for its approval an overall master plan
or program covering all phases for street tree planting, care, removal,
replacement and control of street trees. Such master plan may be sectionally
developed, prepared and submitted for approval, one defined section
of the Borough at a time, and when so approved general plantings may
be ordered within such section. The master plan so developed shall
include all street trees along public streets in the Borough of Elverson
and shall set forth:
(1)
The location of existing trees and, where found to be unsuitable,
indications for removal and replanting.
(2)
A chart of new plantings showing the distance between all plantings,
setback lines from streets for planting, overhead wires, location
of streetlights, atmospheric and soil conditions where obtainable,
and an official recommended or acceptable street tree list designating
types of trees recommended or to be planted. A list of acceptable
trees shall be established from time to time by resolution of Borough
Council.
B.
The Commission shall submit an annual report to Borough Council summarizing
and covering all of its activities and specifying its accomplishments
in its implementation, administration and effectiveness of the master
plan, and shall include any recommended modification, additions or
changes in the overall plan and statement of financial operations.
C.
When Borough Council approves the master plan, no changes shall be
made in the master plan without Council approval by resolution.
A.
It shall be the function of the Commission to control and protect
street trees within the Borough, which shall include the control of
planting, removing, replacing, maintaining, regulating and caring
for street trees.
B.
No person shall plant, cut, trim, remove, damage, or destroy any
street tree under the jurisdiction of the Commission or fasten any
sign, wire, rope or other material to, around or through any such
tree, or deposit, place, store or maintain any stone, brick, sand,
concrete or other material which will impede the free passage of air,
water or fertilizer to the roots of any such street tree, unless he/she
shall first obtain a permit from the Commission to do so. The permit
must be signed by no less than two members of the Commission.
(1)
The Commission may collect from any person causing damage or destruction
to a tree the cost of repairs of damage, including devaluation of
the tree, or in the event of the tree's destruction may collect the
appraised value of the tree plus the cost of removal and replacement
thereof.
(2)
The Commission, at its discretion, may require inch-for-inch replacement
of the diameter of the damaged or destroyed tree, so that a tree of
12 inches in diameter shall be replaced by four trees of three inches
in diameter, to be planted in locations to be determined by the Commission.
C.
As a condition to any permit to plant or remove any street tree,
the Commission may require that the permittee plant, at his or her
own expense, another tree in place of the one removed. The Commission
in such case shall direct the type, size and location of the tree
to be planted and the time within which the work shall be done.
D.
The Commission shall provide 30 days' written notice, to be given
by certified mail, return receipt requested, to the owner(s) of the
property, that removal of a dead, dying, dangerous or prohibited species
of tree will be carried out by the Commission. Removal and replacement
expenses will be incurred by the Commission.
E.
The Commission shall provide 30 days' written notice, to be given
by mail, to the property owner of a street tree in which branches
from any trees overhanging the streets, sidewalks or highways need
to be trimmed so as not to obstruct the light from the streetlights
and so that there shall be a clear height of at least 12 feet above
the sidewalk and 16 feet above the street wherever practical. Expenses
for trimming will be incurred by the Commission.
F.
The Commission shall provide 30 days' written notice to be given
by certified mail, return receipt requested, to the property owner
before planting a street tree on the property. Trees which are planted
will be at least 2 1/2 to three inches in caliper measured six
inches above the ground, symmetrical in shape, and with a trunk that
is clean and straight and without branches for a distance of eight
feet. Expenses for material and labor will be incurred by the Commission.
G.
The recommended minimum for planting a street tree from a street
intersection shall be 20 feet; from a fire hydrant, 10 feet; and,
from a light standard, telephone pole or driveway, five feet. The
above spacing requirements may, however, be waived by the Commission
and shall be such as determined by the Commission according to the
type of tree and the established neighborhood in which it is planted.
No tree, at any time, shall be planted directly in line with a doorway
which enters upon the sidewalk. No tree shall be planted within a
clear sight triangle for intersecting streets and/or driveways.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
H.
Whenever possible, tree wells should measure a minimum of four feet
by five feet. Trees shall be no less than five feet from all in-ground
utility installations. When a tree has outgrown this space or when
a sidewalk has been laid without allowing such space, the sidewalk
may be, at the discretion of the Commission, relaid or repaired at
the expense of the property owner so that at least six inches must
be left between the base of the tree and the pavement.
I.
The Commission shall be notified before any excavation work is performed
adjacent to trees within the public right-of-way. Installation of
curbs and sidewalks shall be completed in a manner least damaging
to trees and tree roots. Sidewalk cutouts should be used to clear
trees or large roots. Replacement of concrete curbing with metal curbing
to clear trees or large roots may be performed, if permission is granted
by the Borough Engineer.
J.
Topping of trees is prohibited.
K.
The Commission may develop a policy to address situations where a
sidewalk has been damaged by adjacent trees. This policy shall take
into account the goals of: 1) maintaining safe sidewalks for pedestrians;
and 2) protecting trees within the Borough. Any policy developed by
the Commission shall be referred to and considered when developing
a course of action in situations involving damaged sidewalks and adjacent
trees.
A.
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
In addition, Borough Council, through its Solicitor, may institute
injunctive, mandamus or any other appropriate action or proceeding
at law or in equity for the enforcement of this chapter. Any court
of competent jurisdiction shall have the right to issue restraining
orders, temporary or permanent injunctions, mandamus or other appropriate
forms of remedy or relief.
The provisions of this chapter are severable and if any section,
sentence, clause or part hereof shall be held to be illegal, invalid
or unconstitutional by any court of competent jurisdiction, such decision
of the court shall not affect the remaining sections, clauses, parts
or provisions of this chapter. It is hereby declared to be the intent
of the Borough that such ordinance would have been enacted if such
illegal, invalid or unconstitutional sections, sentence, clause, part
or provision had not been included herein.
