[Ord. No. 996, 7/22/2019[1]]
There is hereby created a Commission to be known and designated
as the "Shade Tree Commission of the Town of Bloomsburg, Pennsylvania."
[1]
Editor's Note: This ordinance superseded former Part
1, Shade Tree Commission, adopted 7-6-1987 by Ord. No. 693, as amended.
[Ord. No. 996, 7/22/2019]
Said Commission shall consist of five residents of the Town
of Bloomsburg. The Town Council shall appoint one person for a term
of three years, two members for a term of four years, and two members
for a term of five years. Upon the expiration of any term, a successor
shall be appointed, or the member whose term has expired shall be
reappointed, to serve for a term of five years. In the event of a
vacancy occurring during any term, such vacancy shall be filled by
Council for the then-remaining portion of the unexpired term. Shade
Tree Commission members shall serve without compensation. Three members
of the Commission shall constitute a quorum. The Commission may organize,
selecting a Chairman or other officers deemed necessary.
[Ord. No. 996, 7/22/2019]
1.
The Shade Tree Commission shall have custody and control of the shade
trees on the public streets and highways of the Town of Bloomsburg
(hereinafter referred to as "shade trees") and is authorized to plant,
remove, maintain and protect such shade trees. The Commission, if
it so desires, may delegate the issuance of permits required under
the regulations contained herein to the Secretary of the Town or their
designee.
2.
The duties of the Commission shall be as follows:
A.
To study the problems and determine the needs of the Town regarding
shade trees on the public streets;
B.
To recommend to property owners and the Town Council the type and
size of trees to be planted upon the Town streets or parts thereof,
as designated;
C.
To assist the Town Council and Town officials in the dissemination
of news and information regarding the selection, planting and maintenance
of trees upon the streets and to make such recommendations from time
to time to the Town Council as to desirable legislation concerning
the shade tree program and activities for the Town;
D.
To conduct regular and special public meetings at which the subject
of shade trees may be discussed by the members of the Commission,
officers and personnel of the Town and all others interested in the
shade tree program;
E.
To annually report in full to the Town Council the transactions and
expenses of the Commission for the previous fiscal year;
F.
To publish notice whenever said Commission proposes to plant, transplant
or remove shade trees on any street or highway, and notice of the
time and place of the meeting at which such work is to be considered
shall be given in one newspaper of general circulation in Bloomsburg
once per week for two weeks immediately preceding the time of the
meeting. The notice shall specify, in detail, the streets or portions
upon which trees are proposed to be so planted, replanted or removed;
and
3.
The Commission shall meet and organize by the annual election of
a Chairperson. The said Commission shall then provide for the holding
of regular and special meetings as said Commission shall deem advisable
and necessary in order to perform the duties set forth.
4.
The Commission may employ and pay such necessary assistants as the
proper performance of the duties devolving upon it shall require and
enforce regulations for the care and protection of the shade trees
of the Town. No such regulation shall be enforced until it has been
approved by the Town Council and enacted as an ordinance.
[Ord. No. 996, 7/22/2019]
As used in this Part, the following terms shall have the meanings
indicated:
American National Standards Institute.
Any dead, diseased, structurally defective, broken or mutilated
branches or parts of trees which are in a state of decomposition and
pose a threat to public safety.
Any dead, diseased, structurally defective, broken or mutilated
trees or parts of trees which are in a state of decomposition and
pose a threat to public safety.
Designated as those attaining a height of 45 feet or more
at maturity.
Those attaining a height of 30 feet to 45 feet at maturity.
Trees that grow from natural succession (from a parent tree,
without human interference) in the right-of-way.
A document issued in writing by the Shade Tree Commission
or its designee granting permission to plant, prune, remove or sever
roots. The fee for the issuance of such permits shall be established,
from time to time, by resolution of the Town Council.
An individual, firm, partnership, association, corporation,
company, or organization.
The proper removal of tree branches back to a branch collar
or parent branch. No more than 25% of live crown shall be removed
at any one pruning. Pruning should adhere to the most-recent edition
of ANSI A300: Pruning Standards Tree, Shrub and Other Woody Plant
Maintenance - Standard Practices.
The body that has jurisdiction over all shade trees.
Any planted tree located within the right-of-way of the public
streets and highways of the Town. "Shade tree" ("street tree") does
not include trees growing naturally within the Town rights-of-way.
Designated as those attaining a height of 20 feet to 30 feet
at maturity.
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 the purposes of vehicular and pedestrian traffic.
The Town of Bloomsburg.
A large perennial plant, usually with one main trunk and
many branches, but may also have multiple trunks.
That part of the street or highway right-of-way adjacent
to developed property, not covered by sidewalk or other paving, lying
between the sidewalk and that portion of the street or highway used
for vehicular traffic.
The drastic removal or cutting back of large branches to
stubs, which leads to decay, disease, weak limbs, starvation and tree
death. Topping is also referred to as "heading," "stubbing," "dehorning,"
"rounding-over" or "tipping."
[Ord. No. 996, 7/22/2019]
1.
The application for any permit required shall be made, in writing,
to the Secretary of the Town, or their designee, upon forms furnished
by them and shall specify the particular kind of work or operation
the applicant desires to perform and shall state the exact location
and species of any tree or trees affected. The Town Secretary shall
promptly review every application received. The Town Secretary may
refer any application to the Town Engineer or the Director of Public
Works for their opinions on such application. In addition, the Town
Secretary may, if they deem it necessary, refer any application to
the Shade Tree Commission established herein for its decision on the
application. The permit, when issued, shall be effective for such
length of time as the Commission shall determine, which shall be indicated
on the permit, and such permit may be revoked at any time at the direction
of the Commission upon proof satisfactory to the Commission that the
terms and conditions upon which the permit has been issued are or
have been violated. The Commission may, at its discretion, as a condition
to the issuance of a permit, require the applicant to file a bond
satisfactory to the Commission or to deposit securities satisfactory
to guarantee the compliance by the applicant with the terms and conditions
upon which the permit is issued.
2.
Permit Required. It shall be unlawful for any person, without first
obtaining a permit, 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 with any chemicals
or insecticides any tree, to place any rope, guy wire, cable, signs,
posters or other fixtures on a tree or tree guard, or to injure, misuse
or remove any device placed to protect shade trees, except in case
of immediate necessity for protection of life or property.
[Ord. No. 996, 7/22/2019]
1.
It is the duty and responsibility of the property owner abutting
streets and highways in the Town to properly maintain any street trees
within tree lawns adjoining the property, including watering, pruning,
mulching, fertilizing, and weeding.
A.
Property owners shall maintain trees and other vegetation in the
right-of-way in a manner so as not to create a safety or liability
problem for motorists, pedestrian traffic or other activities within
the right-of-way.
C.
Tree lawns, tree pits, and tree roots shall be preserved during sidewalk
renovation, replacement or repair.
2.
All trees and other vegetation within the Town right-of-way must
be pruned or trimmed in a manner to allow for full visibility of street
signage and the minimum required site distance.
3.
In rural or undeveloped areas where sidewalks and curbs are not present, the right-of-way may vary in width but does exist. The abutting property owner shall be responsible for trees and other vegetation growing in the area between the edge of the cartway and the right-of-way line in such rural or undeveloped areas. Trees in these areas shall be pruned to conform with this Part. Likewise, tree planting in these areas shall follow the requirements detailed elsewhere in this Part (see §§ 25-116 through 25-120).
4.
The cost of pruning, planting, or removing any shade trees and stumps
within a public right-of-way in the Town shall be the responsibility
of the owner of the property abutting the tree. In addition, the cost
of necessary suitable guards, curbing or grading for the protection
thereof, and the replacement of any pavement, driveway or sidewalk
necessarily disturbed in the execution of such work, shall also be
paid by the owner of the real estate abutting the location of the
work done.
[Ord. No. 996, 7/22/2019]
1.
The Shade Tree Commission may, upon 30 days' written notice,
require a property owner to cut and remove trees afflicted with any
disease deemed a hazard due to structural defects, or infested with
any insect or other organism that threatens to injure or destroy such
shade tree, in the interest of safety or to conform with the regulations
of this Part. Upon failure of any such owner to comply with such notice,
the Town may undertake the work to be done and collect the costs thereof
from the owner of the property.
2.
Criteria for removal of any tree shall include:
A.
An analysis by a Shade Tree Commission member in which he or she
concludes that the tree is diseased and dying, or damaged beyond recovery
of health, or poses a threat to property or safety because of dying.
B.
A condition of permission to remove a tree is that, unless the Commission says in writing otherwise, the tree shall be replanted on the same lot, and within the right-of-way of the same lot in which the tree was removed. Replacements must be planted in accordance with this Part §§ 25-116 through 25-120).
C.
When permission is granted for tree removal, the tree stump must
be ground out or cut below ground level.
3.
Removal by the property owner of nondiseased trees, or those not
infested by insects or other organisms, shall not be permitted unless,
in the judgment of the Shade Tree Commission, one or more of the following
criteria exist:
A.
A tree will sustain substantial damage due to the installation or
repair of underground utilities where no other alternative, such as
tunneling, sleeving, or relocation, exists;
B.
A tree is causing traffic safety problems and pruning or other less-invasive
techniques would not eliminate the problem; and/or
C.
The maintenance of overhead utilities would require that a tree be
severely pruned, resulting in the removal of 2/3 or more of the crown,
thereby causing irreparable damage to the tree.
4.
In an emergency where a tree poses an immediate threat to health,
property or safety, the Director of Public Works may order the removal
of a tree. Prior to the removal of the tree, the Director of Public
Works shall make written findings setting forth how the tree poses
an immediate threat to health or safety in view of the above criteria.
Prior to removal of the tree, the Director of Public Works shall notify
the property owner.
5.
Tree removal shall be carried out in accordance with the safety standards
outlined in the most-recent edition of ANSI Z133.1 (Safety Requirements
for Pruning, Trimming, Repairing, Maintenance, Removing Trees and
Cutting Brush).
[Ord. No. 996, 7/22/2019]
1.
No person, corporation or public utility may remove, prune or alter a shade tree along Town streets or roads without a permit issued upon application to the Shade Tree Commission. The permit shall specify the address or blocks where any such tree maintenance activity shall be undertaken. (See § 25-105, Permit Required; Application; Conditions.
2.
All pruning of shade trees and naturally growing trees along Town streets and roads shall conform to the most recent edition of ANSI A300: Pruning Standards - Tree, Shrub and Other Woody Plant Maintenance - Standard Practices. A copy of this standard is on file at the Town Hall. Thus, in Bloomsburg as in the ANSI standards, topping is prohibited. Improper pruning is subject to fines to the property owner (see § 25-111, unnecessary Harm to Trees Prohibited, and § 25-126, Penalty).
3.
All work must conform to the most-recent edition of ANSI Z133.1:
Safety Requirements for Pruning, Trimming, Repairing, Maintenance,
Removing Trees and Cutting Brush. A copy of this standard is on file
at the Town Hall.
4.
Whenever, in order to take down or prune any shade tree in the public
highway or having branches extended over the public highway, it shall
be deemed necessary to remove any wire or wires, every person having
any such wires running through a public highway shall immediately
notify the public utility company of his intention in order that service
may not be interrupted.
[Ord. No. 996, 7/22/2019]
1.
All branches of shade trees shall be kept trimmed in a manner to
maintain a minimum height of 14 feet where they overhang any public
street and eight feet where they overhang a sidewalk. However, the
Commission reserves the right to designate a higher clearance on certain
streets and highways where heavy traffic or other conditions make
it expedient. All shade trees standing on private property and having
branches overhanging sidewalks or streets shall also be kept pruned
by the owner so the lowest branches are in compliance with this section.
2.
In the event the property owner neglects or refuses to maintain trees
at the prescribed level within the time specified as notified in writing,
the Town may undertake the work to be done at the owner's expense,
in the same manner as otherwise specified in this Part.
[Ord. No. 996, 7/22/2019]
In the event a shade tree or its parts are felled by storm or
other accident, the portion of the tree on the street or road shall
be removed from the cartway of the street by the Town, without charge.
Property owners shall be responsible for any other removal or cleanup.
[Ord. No. 996, 7/22/2019]
1.
No person shall break, injure, mutilate, top, kill or destroy any
shade tree or set fire to or permit fire to burn any shade tree.
2.
Permanent fixtures and punctures to a shade tree are prohibited.
No person shall attach, or permit to be attached, any cables, ropes,
wires, nails, spikes or other injurious fasteners to any shade tree.
3.
No person shall allow any toxic chemicals, salt water, oil, gasoline
or other materials, which are hazardous or injurious to plant life,
to empty, drain, or seep onto any shade trees or their root systems
or in such a way as to injure any shade tree.
4.
No person shall excavate any ditches, tunnels, holes or trenches,
or lay any driveway, or deposit or store within the root protection
zone (roughly the perimeter of the tree's outer branches) of
any shade tree, or maintain any asphalt, concrete, stone or any other
impervious material which may impede the free passage or air, water
and fertilizer to the roots of any shade tree, without first obtaining
a permit. In the event of imminent danger to life or property, digging
near a shade tree may be undertaken without permission of the Commission,
provided that such action must be reported to the Commission and a
permit placed on file within 48 hours of its occurrence.
5.
No person shall injure, misuse, or remove any device placed to protect
shade trees, except in case of immediate necessity for protection
of life or property or in consultation with the Shade Tree Commission,
or its designee.
[Ord. No. 996, 7/22/2019]
In the event a shade tree is damaged, the Town shall charge for repairs or replacement, or make a charge for the appraised value of the tree, against the person responsible for the damage to said tree. Damage is to be repaired immediately at no expense to, and to the satisfaction of, the Shade Tree Commission. If the Shade Tree Commission determines that the damage warrants removal, the cost of tree and stump removal and the planting of replacement trees will be paid by the person or entity that caused such damage. Failure to comply shall cause such work to be completed by the Town and billed to the person or entity that caused such damage. If damage resulted in removal or death of the tree, the Town may require replacement trees whose combined diameter is equal to that of the tree removed. All replacement trees shall meet the planting requirements for shade trees. In addition to costs for repair or replacement, the Town may also impose penalties as provided for in § 25-126 (Penalty).
[Ord. No. 996, 7/22/2019]
After removal of a tree, the remaining stump shall be removed
to a point not less than six inches below the grade of the surrounding
area. If a replacement tree is to be planted at the same location,
the stump will be removed to accommodate the replacement tree.
[Ord. No. 996, 7/22/2019]
Where hazardous shade trees or branches overhang the cartway
of a street or otherwise exist within the right-of-way, the Town may
cause them to be removed at the expense of the abutting property owner
so as to maintain public safety within the right-of-way. In the event
of an emergency or hazardous situation, the Shade Tree Commission
may require them to be removed within 24 hours.
[Ord. No. 996, 7/22/2019]
1.
As a condition to any permit to remove any shade tree, the Town or
the Shade Tree Commission may require that the permittee plant, at
its own expense, another tree in place of the one removed, and in
such case, direct the type, size, and location of the tree to be planted
and the season within which the work shall be done.
2.
Trees shall be added to the public right-of-way in areas where an
inventory of Bloomsburg street trees has identified a need for trees,
or wherever the Commission determines a need.
3.
Street trees shall be required whenever a proposed subdivision shall average three or more lots per gross acre, or where the proposed subdivision is adjacent to any existing or recorded development having street trees (other requirements of the Town's Subdivision and Land Development Ordinance [Chapter 22] as regards trees are applicable).
[Ord. No. 996, 7/22/2019]
1.
Spacing between newly planted shade trees, unless otherwise stated
in writing by the Shade Tree Commission, shall not be less than 25
nor more than 40 feet, with some variation with the species of tree(s)
being planted. Whenever practicable, trees shall be planted at least
20 feet from intersections. Shade trees shall be planted at least
12 feet from a light standard, six feet from a utility pole, and six
feet from a fire hydrant.
2.
In areas where a tree lawn exists, the setback for tree planting
shall be at a point halfway between the curb and sidewalk. However,
no tree shall be planted in a tree lawn within 20 feet of the near
edge of the curb of an intersecting street.
3.
Where no curbing exists, the setback for tree planting shall be eight
feet from the center of the drainage swale; and the setback shall
be eight feet from the edge of the cartway. However, no tree shall
be planted within 20 feet of the near edge of the cartway of an intersecting
street.
4.
In areas such as downtown, which have tree pits rather than tree
lawns, tree pits will measure at least 10 inches wider than the diameter
of the root ball, or at least five feet by five feet by three feet
deep (or the depth required for the root ball), whichever is larger.
In some circumstances, an equivalent area, reasonably proportioned,
is permitted. Tree pits must be filled with high-quality topsoil.
The use of adjoining tree pits and pavers, or of technologies such
as structural soils, is encouraged. If a property owner elects to
plant the tree him- or herself, the Director of Public Works must
first inspect the site to ensure that the area is free of underground
pipes, sewer lines or other hazard.
[Ord. No. 996, 7/22/2019]
1.
Size. All replacement trees shall be at least six feet in height
and measure at least 1 1/2 inches in caliper, which is diameter
measured at a point six inches above planting level.
2.
Quality. Only plant material grown in nurseries shall be procured
for shade tree planting. Either balled and burlapped or bare root
material is acceptable. All replacement trees shall conform to the
most-recent edition of ANSI-Z60 American Nursery Standards, with particular
attention to appropriate (large) root ball size on balled and burlapped
stock.
3.
Timing. Replacement trees shall be delivered and planted between
April 1 and May 15 or September 30 and November 15.
4.
Tree Species.
A.
The Shade Tree Commission shall maintain a periodically revised list
of tree species approved for planting as shade trees. The Commission
may specify which species are appropriate to certain locations. (See
addendum for acceptable tree species).[1]
[1]
Editor's Note: The addendum is on file in the Town offices.
B.
Tree species selections for shade trees must be made from the current
list of approved species and in consultation with the Commission.
As not all trees on this list will be suitable for all situations,
suitability will be determined by the Shade Tree Commission or its
designee.
C.
The use of any tree other than those listed above under the preferred
sections requires approval by the Commission.
[Ord. No. 996, 7/22/2019]
The Commission shall give due consideration to the prevention
of interference by the shade tree with existing overhead and underground
utility fixtures. Trees planted under wires or utility lines shall
be appropriate to the height and pruning requirements imposed by the
presence of the existing wires or lines.
[Ord. No. 996, 7/22/2019]
The Commission may, in some cases, require root control devices
or material to minimize the effect of root growth on sidewalks, curbs
or underground utilities. The need and type of control shall be prescribed
by the Commission, where necessary.
[Ord. No. 996, 7/22/2019]
1.
Watering. New trees shall be given 10 to 20 gallons of water weekly
from the time of planting until frost and weekly throughout the first
complete growing season. In this area, rain almost never provides
sufficient water, and as a general rule deep watering must be done
rain or shine. Additional watering of young trees will be needed during
periods of drought.
2.
Mulching. New trees should be properly mulched to protect against
mower damage, from competing weeds, and water evaporation. Mulch shall
not make contact with the trunk of the tree.
3.
Stakes, guys, or tree wraps. Except in high-traffic areas where vandalism
is a possibility, staking is generally not necessary. Stakes or guys
shall be removed no later than one year after staking. Tree wraps
shall be removed upon planting.
[Ord. No. 996, 7/22/2019]
After a written, mailed, and/or delivered notice of violation,
the Town, in its sole discretion, shall have the authority to plant,
prune, remove or otherwise maintain any shade trees at its expense,
at the expense of the affected property owner, or a combination of
both, if the property owner should fail to comply with a written notice
of violation.
[Ord. No. 996, 7/22/2019]
1.
All trimming and pruning of shade trees and naturally growing trees
along Town streets and roads shall conform to the most-recent edition
of ANSI A300: Pruning Standards - Tree, Shrub and Other Woody Plant
Maintenance - Standard Practices. All work must also conform to the
most-recent edition of ANSI Z133.1 (Safety Requirements for Pruning,
Trimming, Repairing, Maintenance, Removing Trees and Cutting Brush).
Copies of both standards (ANSI A300 and ANSI Z133.1) are on file at
Town Hall.
2.
All tree maintenance contractors who prune, remove or otherwise maintain
trees located within the Town rights-of-way shall possess general
liability insurance coverage with a policy limit of not less than
$500,000 for each occurrence. The permittee is required to supply
evidence of such insurance to the Town prior to starting work.
[Ord. No. 996, 7/22/2019]
The Shade Tree Commission shall have the power, in appropriate
cases, to permit deviations from the strict compliance with this Part
whenever, due to special circumstances, literal enforcement of this
Part would be impossible, impractical or not in the best interest
of the Town.
[Ord. No. 996, 7/22/2019]
Payment of costs for work done by the Town shall be due and
payable 30 days after proper invoice by the Town to the property owner.
If the property owner does not make payment within 30 days, there
shall be considered a lien against the property. Any such lien may
be collected by an action in assumpsit or by the filing of a lien
in the manner provided by law for the filing and collection of municipal
claims.
[Ord. No. 996, 7/22/2019]
The provisions of this Part shall be enforced by the Town of
Bloomsburg Code Enforcement Office and Shade Tree Commission.
[Ord. No. 996, 7/22/2019]
Any person, firm or corporation violating any provision of this
Part shall be fined a maximum of $600 for each offense, and a separate
offense shall be deemed committed on each day during or on which a
violation occurs or continues. This section shall not limit any other
remedies and criminal sanctions provided in law or equity.
[Ord. No. 996, 7/22/2019]
Any person aggrieved by any action or decision of the Commission
may appeal to the Commission at its next public meeting. Alternatively
or subsequently, any person aggrieved by any action or decision of
the Commission may appeal to the Code Hearing Board by filing an appeal
within 30 days from the action or decision appealed from on forms
to be supplied by the Town Secretary or their designee. The fee for
filing such an appeal shall be the fee established, from time to time,
for code appeals by resolution of the Council of the Town of Bloomsburg.
[Ord. No. 996, 7/22/2019]
1.
In addition to all other immunity existing at law or in equity, nothing
contained in this Part shall create an obligation or duty upon the
Town. No pedestrian, passenger, driver, owner of property or any person
claiming an interest otherwise affected by provisions of this Part
shall have any claim against the Town for failure to perform any duty
or for performance in a negligent manner.
2.
This Part shall not be construed to hold the Town of Bloomsburg,
the Town Council, the Mayor, the Shade Tree Commission, or any of
their respective officers, employees or their appointed agents (collectively
referred to as "municipal parties") responsible for any damages, injuries,
loss or death to person, persons or property by reason of any activity,
omission or commission, or act by municipal parties authorized herein
or otherwise arising under this Part. The approval of any tree of
type of tree shall not constitute a representation, guaranty or warranty
of any kind or nature by the municipal parties and shall create no
liability upon, or a cause of action against, the municipal parties
for any damage or loss.
[Ord. No. 996, 7/22/2019]
If any of the provisions of this Part, or the application of
any provisions hereof, shall be held invalid, such invalidity shall
not affect or impair the remainder of this Part, it being the intention
of Town Council that such remainder shall continue in full force and
effect.
[Ord. No. 996, 7/22/2019]
All ordinances or parts thereof which are inconsistent with
this Part, are hereby repealed to the extent of such inconsistency.
[Ord. 704, 2/8/1988, § 1; as amended by Ord. 841,
12/19/2001]
Criteria for removal of any tree shall include:
A.
An analysis by the Public Works Superintendent in which he or she
concludes that the tree is diseased and dying, or damaged beyond recovery
of health or poses a threat to property or safety because of dying.
B.
Concurrence from the Commission that the recommendation for removal
is correct.
C.
Verification of the tree's condition and the decision to remove
a tree should be evident either from the Commission site visit or
the Bureau of Forestry's inventory of Bloomsburg trees.
D.
For removal, trees should not be felled unless obstructions are not present in the direction of the fall. If obstructions are present, or if felling the tree poses a safety hazard, then removal shall be piece by piece, following prevailing standards for safety (see Appendix 1).
F.
In an emergency where a tree poses an immediate threat to health,
property or safety, the Public Works Superintendent may order the
removal of a tree. Prior to the removal of the tree, the Public Works
Superintendent shall make written findings setting forth how the tree
poses an immediate threat to health, safety in view of the above criteria.
Prior to removal of the tree, the Public Works Superintendent shall
make a good-faith effort to notify the property owner prior to the
removal.
[Ord. 704, 2/8/1988, § 2]
Applications for trimming of any tree must be accompanied by
specifications; permits will not be issued unless the following standards
are met:
A.
Pruning and Trimming.
(1)
Worker Safety. Workers shall wear hard hats, climbers shall
use tree saddles and safety lanyards, and also safety line with rappeling
hitch for climbing at heights above 15 feet. Ground workers shall
stand clear of branch drop areas and take appropriate precautions
to avoid injury from the work or tools employed.
(2)
Protection of People and Property. Tree pruning or removal performed
in the vicinity of pedestrian or vehicular traffic ways shall be effectively
cordoned off with pylons and/or lines, and shall have warning signs
to keep people at a safe distance from the work area. Branch drop
after cutting shall be controlled to avoid injury to people and property.
Branches too large for controlled, one-handed dropping shall be roped
and lowered by ropes or other equipment. All brush and other trimming
debris shall be cleaned up and removed from the site, leaving a safe
and neat ground surface upon completion of the work.
(3)
Tree Care (see Appendix 2A). Three cuts should be employed for removing branches too large for one-handed holding. The first cut should be an undercut 1/4 to 1/2 the branch thickness, six to 12 inches from the branch base. A second cut within an inch or two of the first should made to drop the branch. A final cut should be made at the edge of the branch collar to remove the branch stub. No stubs will be left at the end of the pruning operation. No climbing spikes (gaff climbers) or devices injurious to trees shall be used on living trees. No branch should be cut flush with the trunk or mother branch, the branch collar shall be preserved intact.
(4)
Style of Cut. After the final cut in lateral branch removal
a protuberance is left. The angle of the cut needed to save the branch
collar is determined by natural target pruning. This angle is equal
and opposite to the angle of the branch bark ridge when present. When
the branch bark ridge is not visible, the angle is determined by the
swelling at the branch trunk union. The resulting knob or bump, which
is called the branch collar, is neither a stub nor a flush cut. For
thinning or crown reduction, a terminal shall be cut back to a lateral.
This lateral must be oriented to maintain the natural shape of the
tree (e.g., not growing toward the interior of the crown). The basal
diameter of the lateral must be at least 1/3 the basal diameter of
the terminal at the point of removal. The final cut in removal of
a terminal branch shall preserve the entire branch collar of the remaining
lateral; the angle of the cut shall parallel the upper angle of the
remaining lateral.
(5)
Pruning Functions. Each of the following shall be performed
to whatever extent is appropriate for preserving the soundness, landscape
function, beauty, form and safeness of each tree.
(a)
Clearing. Branches shall be removed and growth redirected as
needed to clear pedestrian and vehicular traffic areas, buildings
and other structures, as well as other trees and shrubs.
(b)
Cosmetic and Hygienic Pruning. The trimming operation shall
include removal of dead, broken and unsafe branches, as well as shrubs
remaining from prior pruning.
(c)
Structural Corrections. Crossing branches that present current
or future surface contact should be corrected by removing the least
desirable branch. Shoots which are expected to become crossing branches
(such as suckers, water sprouts or inward-growing shoots) shall be
removed. Exceptions are interior branches needed to provide shading
of trunk or interior branch bases.
(d)
Sharp Angled Branches. When structural weakness is apparent
in branch bases arising at angles of less than 30°, those branches
shall be removed or lightened to curb breakage.
(e)
Parallel Branches. If two branches within 15 inches of each
other are parallel for several feet along their main stems, the less
desirable one shall be removed.
(6)
Pruning for Shape. Trees with abnormal, unsafe or unattractive
imbalance should be pruned to resemble a normal shape for the particular
variety. Trees which are trained as espaliers, hedges, sheared forms
or picturesque styles shall be pruned in a fashion to maintain the
intended effect.
(7)
Pruning to Reduce Wind Resistance.
(a)
Canopy Thinning. If foliage density still constitutes a wind
breakage hazard after the preceding steps have been completed, the
necessary thinning cuts and removal of laterals shall be done in a
way which retains the natural form. Numerous small branches will be
removed, rather than a lesser number of larger branches.
(b)
Crown Reduction. If density and height of the upper crown present
a breakage risk which cannot be relieved by canopy thinning, the upper
crown shall be removed by drop crotch pruning, to establish a natural
appearing lower crown through retention of suitable laterals.
(8)
Size Reduction. If necessary for size control, the upper crown
and/or horizontal branches shall be restricted by means of drop crotch
pruning. When feasible, small terminals will be removed in preference
to larger ones. When top and/or root growth must be restricted to
protect surface structures, or when formal shape is desired, shearing
shall be performed one to four times annually, as necessitated by
existing conditions.
(9)
Topping. Severe topping, as shown in Appendix 2B, shall be prohibited.
B.
Wound Care. Wounds must be cleaned, loose bark and wood should be removed from the wound, using sterile tools. Wounds need not be treated with wound dressing. Less decay is formed in untreated wounds than in treated wounds. (See Appendix 3).
C.
Damage Control/Prevention.
(1)
Avoid root injury of trees near building or road construction
or excavating, wrap trees with fencing or rope to prevent bark injury
and cordon off root system (roughly the same area as the crown diameter).
If trenches must be dug, cut as few roots as possible, cut them cleanly,
and backfill trench quickly to prevent roots from drying out.
(2)
Addition of asphalt, concrete, bricks or soil should be avoided
around trees, any soil added to area over root systems should be porous,
highly organic and not in excess of four inches.
(3)
Drainage patterns should not be altered in anyway that will
cause flooding around a tree base.
(4)
Lowering or raising that grade near a tree should be avoided.
If not possible, steps should be taken in accordance with the Town's
Bureau of Forestry Report (page VI-8) to prevent tree damage as a
result of grade changes.
(5)
Upon damage by lightning, a tree should be observed for a year
or two; shattered parts should be removed immediately and wounds trimmed
to form clean edges.
(6)
Mending of split trunks, crotches, limbs, branches should follow the method illustrated in Appendix 4.
(7)
Attend to uprooted trees immediately, if small or medium size, cover roots to keep wet. Prune off damaged roots, pull back into place by gentle means and trim crown according to process described in Subsection C(8). When restored to original position, guy wires should be used, or stakes, to brace tree (see Appendix 5).
(8)
Where moderate to severe damage is done to the root system,
proper pruning and fertilization should be conducted, the tree crown
should be equalized with the root system by trimming the same percentage
of limbs as roots have been removed.
[Ord. 704, 2/8/1988, § 3; as amended by Ord. 841,
12/19/2001]
1.
Requirements for Trees.
B.
Street trees shall be required whenever a proposed subdivision shall average three or more lots per gross acre, or where the proposed subdivision is adjacent to any existing or recorded development having street trees (other requirements of the Town's Subdivision and Land Development Ordinance [Chapter 22], as regards trees, are applicable).
C.
Replacement trees shall be added to the public right-of-way in areas
where the Bureau of Forestry's Inventory of Bloomsburg Trees
has identified a need for trees removed prior to the enactment of
the Tree Ordinance, or wherever the Commission determines a need.
2.
Description. Street trees to be planted pursuant to the provisions
of the Tree Ordinance shall be in accordance with these specifications
and approved plans.
A.
Preferred Tree Species.
(1)
All plant material used shall be selected from the attached
plant list, in consultation with the Town Secretary or his designee
at the time of permit application. Consideration will be given to
site constraints, as per the requirements of the Tree Ordinance, and
to the existing species of the street for which the replacement tree
is proposed (trees within the same block should be of the same species,
unless the existing species has proven unfit for street use). If no
species exists or the majority of trees have been removed then a selection
from the attached list may be made with regard only to site constraints,
and the tree's projected height at maturity.
(2)
Trees face a bleak existence along roadways, they are subject
to restricted volumes of soil, which generally have poor structure
and drainage, bathed with a spray ladened with deicing salts; subject
to rapidly fluctuating temperatures and intense reflected sunlight,
attached by insects and diseases and subject of public insensitivity
to the needs of a living organism. No tree is perfect for every location
or situation. With such factors, as these, and Bloomsburg's climate,
and the root systems of species, etc., the following list was developed
from Street Trees, Robert Daniels, Penn State University, 1975, "Trees
for Adverse City Conditions", the Penn State Cooperative Extension,
South Region Report and comments from local nursery owners.
|
SMALL TREES – UNDER 30 FEET.
| ||
|
A.P. Globosum – Globe Norway Maple
| ||
|
Acer campestre – Hedge Maple
| ||
|
Acer ginnola – Amur Maple (tree form)
| ||
|
Amleanchier canadensis – Shadblow Serviceberry (tree form)
| ||
|
Amelanchier Laevis – Allegheny Serviceberry (tree form)
| ||
|
Crataegus monogyna – Crab Apple
| ||
|
Japanese
| ||
|
Siberian
| ||
|
Prunus sargentii cv. Columare – Columar Sargent Cherry
| ||
|
Crataegus phaenopyrum – Washington Hawthorn (thornless
only)
| ||
|
Kousa Dogwood – Japanese or Chinese
| ||
|
MEDIUM TREES – UNDER 45-50 FEET.
| ||
|
Aluns cordata – Italian Alder
| ||
|
C. Caroliniana – American Hornbeam
| ||
|
Carpinus betulus – European Hornbeam
| ||
|
Carpinus betulus cv. Fastigiata – Upright European Hornbeam
| ||
|
Betula populifolia – Grey Birch
| ||
|
Cladrasrislutea – Yellowood
| ||
|
Corylus colurna – Turkish Hazelnut
| ||
|
Crataegus x lavallei – Lavalle Hawthorn
| ||
|
Malus cultivars – Crabapple Snowdrift
| ||
|
Phelodendron amurnse – Amur corktree
| ||
|
Pyrus – Pear varieties (Bradford, Aristocrat, Whitespire)
| ||
|
Sophora Japonica – Japanese Pagoda Tree
| ||
|
Ulmus parvifolia – Chinese Elm
| ||
|
Ostrya virginiana – American Hophornbeam
| ||
|
LARGE TREES – OVER 50 FEET.
| ||
|
Acer rubrum – Red Maple (Red Sunset, Autumn Flame, other
patented varieties)
| ||
|
A.P. Columnare – Columnar Maple
| ||
|
A.P. erectum – Erect Norway Maple
| ||
|
A.P. Schwedlerii – Schedler Norway Maple
| ||
|
F. Pennsylvanica Lanceolata – Green Ash (seedless only)
| ||
|
Ginko biloba (male selections only) – Ginko (Upright)
| ||
|
Gleditsia triancanthos inermis – Thornless Honeylocust
| ||
|
Platanus acerifolia "Bloodgood" – Bloodgood Planetree
| ||
|
Taxodium districhum – Patented Cultivar
| ||
|
Tilia cordata – Littleleaf Linden
| ||
|
Tilia euchlora (selected cultivars) – Crimean Linden
| ||
|
Tilia tomentosa – Silver Linden
| ||
|
White Ash (patented)
| ||
|
Village Green Zelkova
| ||
|
TREES SUITABLE FOR CITY CONDITIONS, BUT NOT STREETS (i.e., Parks,
Large Spaces).
| ||
|
Russian Olive
| ||
|
Hackberry
| ||
|
Kentucky Coffee Tree
| ||
|
European Larch
| ||
|
Japanese Larch
| ||
|
TREES NOT SUITED FOR STREETS OR CITY PURPOSES.
| ||
|
Box Elder Hopa
| ||
|
Horse-chestnut Mountain Ash
| ||
|
Silver Maple Catalpa
| ||
|
Mimosa Redbud
| ||
|
Crabapples: Columar English Oak
| ||
|
Almey Elm
| ||
|
Eleyi Pin Oak
| ||
(3)
The use of any tree other than those listed above under the
preferred sections requires approval by the Commission.
(4)
Not all trees on this list are suitable for all situations,
suitability will be determined by the Town Secretary or his designee,
as new varieties are developed and existing ones improved, this list
will be amended.
B.
Acquisition of Trees. Only plant material grown in nurseries shall
be procured for shade tree planting.
C.
Tree Specifications. Trees should be true to form and typical of
the species;
(1)
Each tree shall be at least eight feet in height and have a
diameter of at least 1 1/2 inches measured at a height of six
inches above the finished ground level.
(2)
Plant material shall be balled and burlapped with native soil
in which the material has been growing (no manufactured balls).
(3)
The relationship between tree caliper, tree height and diameter
of the root ball shall be as follows:
|
Caliper
|
Height Range
|
Minimum Ball Diameter
|
|---|---|---|
|
1 1/2 to 1 3/4 inches
|
8 to 10 feet
|
20 inches
|
|
1 3/4 to 2 inches
|
10 to 12 feet
|
22 inches
|
|
2 to 2 1/2 inches
|
12 to 14 feet
|
24 inches
|
(4)
Trees with larger caliper trunks shall have ball diameters in
proportion to their size and in accordance with accepted nursery practices.
D.
Soil Amendments. As different trees require different soil conditions,
it may be necessary to add materials such as fertilizers, sand, etc.,
to the existing soil prior to planting. The owner should consult with
experts such as those from nurseries or the Penn State Cooperative
Extension Service or Bureau of Forestry.
E.
Planting Specifications.
(1)
Tree pits shall be at least 10 inches wider than the diameter
of the root ball. Unless building debris is encountered, the hole
shall be excavated to a depth no greater than to permit the top of
the ball to be level with the rim of the hole. If an owner elects
to plant the tree him or herself, and not utilize the Town Crew, the
Public Works Superintendent must first inspect the site to insure
that the area is free of underground pipes, sewer lines or other hazard.
(2)
Planting Time. Balled and burlapped material may be planted
during any period of the year when the soil is frost-free and friable.
Generally, it is best to plant in the early fall (except that Red
Maple, Pears, Crabapples, Oaks, Birch, and Zekova should not be planted
in the fall) and in early spring of the year, do not fertilize until
spring, however.
(3)
Tree bracing should be done by one of two methods illustrated in Appendix 5.
(4)
Planting holes shall be backfilled to 3/4 full with soil, followed
by watering, tamp lightly with topsoil when water is absorbed. Wood
chip or mulch.
F.
Maintenance.
(1)
Maintenance should begin immediately after each plant is satisfactorily
installed. It should include replacing mulch that has been displaced,
maintaining stakes or guys, watering when needed (consult experts
at nursery, Public Works Coordinator if Town installed), estimated
to be the equivalent of one inch of water per week, delivered at weekly
intervals in the form of rain, or by periodic watering.
