This chapter shall be known and may be cited as the "Shade Tree
Commission Ordinance of the Borough of Crafton, Pennsylvania."
As used within this chapter, the following terms shall have
the meanings set forth in this section:
DIAMETER AT BREAST HEIGHT (DBH)
A tree's diameter in inches measured by a diameter tape
at 4 1/2 feet from the surface of the ground. On trees having
multiple stems, the largest diameter stem will be measured.
DRIPLINE
The approximately circular vertical extension to the ground
of the outermost branches and/or leaves of the tree as an indication
of the spread of the root system.
HAZARD ZONE (of a tree)
The area inside a circle whose radius is equal to the height
of the tree, the center being the trunk.
LARGE TREES
Those attaining a height of 45 feet or more.
PARKS
Any Borough public spaces designated for recreation and/or
conservation.
PROPERTY OWNER
That person owning such property as shown by the block and
lot records of Allegheny County, State of Pennsylvania.
PUBLIC TREES
Includes all trees now or hereafter growing on any street,
park, right-of-way, or any other public site.
REMOVE or REMOVAL
The removal of all above- and belowground parts, including
the stump and roots.
RIGHT-OF-WAY
The land within the ordained or dedicated limits of any public
street, road, highway, thoroughfare, walkway or footpath in the Borough,
or any land within the limits of any easement or right-of-way for
storm or sanitary sewers or other utilities, including all easements
in relation thereto in the Borough.
SHADE TREE COMMISSION
The five members appointed by Council to serve as the Shade
Tree Commission, also referred to as the "Commission."
STREETS, ALLEYS, HIGHWAYS or WAYS
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.
TREE
A.
Any living plant with needles or scale-type leaves or fronds
that has a well-defined stem or stems with a diameter of at least
six inches at 4 1/2 feet from the surface from the ground.
B.
Any living, self-supporting woody broad leaf plant that has
a well-defined stem or stems with a diameter of at least two inches
at 4 1/2 feet from the surface of the ground.
C.
Any living self-supporting woody plant that has a well-defined
stem or stems, which has been intentionally cultivated and established.
TREE LAWN
That part of a street not covered by a sidewalk or other
paving, lying between the property line and that portion of the street
usually used for vehicular traffic.
It shall be the duty of the Borough Manager, under the direction
of Council, to regulate, protect and preserve the plants, shrubs and
trees within the Borough by taking the necessary measures for the
control of disease, including damage by insects or pests, which may
injuriously affect the plants, shrubs or trees on public or private
property in the Borough. The Borough Manager shall have the power
to enforce the provisions of this chapter at the direction of the
Council or upon the recommendation of the Commission as approved by
the Council, as the case may be, and the Borough Manager may, with
approval of Council, appoint or hire any qualified person or firm
to assist him/her in any such enforcement.
No person shall hinder, prevent, delay or interfere with the
Commission or any of its agents while engaged in carrying out the
execution or enforcement of this chapter on public or private property;
provided, however, that nothing herein shall be construed as an attempt
to prohibit the pursuit of any remedy, legal or equitable, in any
court of competent jurisdiction for the protection of property rights
by the owner of any property within the Borough.
To protect the public, the Borough shall require any person
or firm engaged in the business of maintenance and/or removal of public
and private trees whose hazard zone falls upon public land to be licensed
by the Borough on an annual basis.
A. A class "A" license is required to prune, maintain or remove trees
in public property. Requirements for a class "A" license shall be
as follows:
(1) The license fee shall be in an amount as established from time to
time by resolution of Council.
(2) Before any license shall be issued, each applicant shall first file
evidence verifying:
(a)
Coverage by worker's compensation insurance, in force.
(b)
Liability insurance coverage in the minimum amount, as stated in §
29-10A(1).
(c)
Work must be performed under the supervision of a certified
arborist, certified by the International Society of Arboriculture,
with certification on file with the Borough.
(d)
All licensed persons and/or companies shall operate under the
current ANSI guidelines.
(e)
All licensed persons and/or companies shall perform work according
to the National Arborist Association standards and accepted arboricultural
practices.
Any party aggrieved by a decision of the Commission or the Borough
Manager with respect to the standards or requirements of this chapter
may take an appeal to Borough Council within 30 days of the date of
the decision. Council, upon receipt of the appeal on an approved Borough
form, shall have the authority and duty to consider and act upon the
appeal. The appeal shall clearly and in detail state what changes
are being sought, reasons such changes are warranted, and shall be
accompanied by such supplemental data as deemed necessary to substantiate
the changes. Council may approve, modify or deny the appeal based
upon the protection of public interest, preservation of the intent
of this chapter, and possible unreasonable hardships involved in the
appeal. Council shall act on the appeal as expeditiously as possible
and shall notify the appealing party in writing within 10 days of
the action taken.
Any person or firm violating any provision of this chapter or
who fails to comply with any notice issued pursuant to the provisions
of this chapter, upon conviction thereof, shall be subject to a fine
not to exceed $600 plus costs and, in default of payment of said fine
and costs, to a term of imprisonment not to exceed 30 days. Each day
during which any violation of the provisions of the chapter shall
occur or continue shall be a separate offense. If, as the result of
the violation of any provision of this chapter, the injury, mutilation
or death of a tree is caused, the cost of replacement value of such
tree shall be borne by the party in violation. The replacement value
of trees shall be determined by the Borough Manager and the Borough
Arborist in accordance with the latest revision of "Valuation of Landscape
Trees, Shrubs and Other Plants," as published by the International
Society of Arboriculture.
Actions taken under this chapter do not affect any responsibility,
permit or approval for any activity regulated by any other code, law,
regulation or ordinance.