[HISTORY: Adopted by the Borough Council of the Borough of
Marietta 11-12-2019 by Ord. No. 2019-04.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance was adopted as Ch. 280, but
was renumbered to maintain the organization of the Code.
For this chapter, these words shall mean:
The Borough of Marietta.
The Shade Tree Commission of the Borough of Marietta.
In, on, upon, under or overhanging the right-of-way area
of any street, avenue or highway; includes any portion of a tree within
the right-of-way area.
The legal and beneficial owner of the land. Where the legal
and beneficial ownership of land is severed, the term shall include
all persons holding legal and beneficial interests.
An individual, partnership, corporation, unincorporated association
or other similar entity.
The public streets, highways, roads, avenues, alleys and
similar areas, including public walkways appurtenant thereto, to the
extent of the public right-of-way in such areas. A shade tree shall
be deemed to be "in" when a portion of its trunk at its base is in
such an area.
A woody, perennial plant with one main stem or trunk which
develops many branches, usually at some height above the ground. The
term includes roots, trunk, limbs, branches, leaves, and fruits or
seed pods.
The Borough establishes a Shade Tree Commission. The Commission
shall have no less than three and no more than five members. At least
one member of the Commission must be a member of Borough Council and
at least one other member must be a member of the Borough's Planning
Commission. All members shall be appointed at the discretion of Borough
Council for terms of two years. Members may be removed by Borough
Council at any time upon a showing of good cause related to their
service on the Commission.
The Commission shall have these duties and powers:
A.
Advising Borough Council and the Borough Planning Commission on recommendations
for maintenance of trees, long-term tree planting plans, and related
policies.
B.
Advising the Borough's zoning and code enforcement officials
regarding tree removal applications and orders.
C.
Advising residents of the Borough on recommended street trees and
reviewing requests for nonapproved trees.
D.
Conduct a census of all street trees in the Borough not less than
once every two years.
E.
Conduct tree-related public outreach, including the maintenance of
a list of residents interested in street trees.
F.
Aiding Borough Council and residents of the Borough in applying for
tree planting grants.
A.
No person shall plant any shade tree in or overhanging the public
streets or highways in the Borough until a permit therefor is granted
by or under the authority of the Commission.
B.
The application for such permit, which shall be provided by the Borough
and which shall be signed by the owner of the abutting premises containing
such tree or wherein such tree is proposed to be planted, shall include
the details of such planting, whether by sketch or otherwise, and
the same shall be brought to the attention of the Commission, or under
proper circumstance to its administrative designee, for approval.
There shall be no fee for submitting such a permit request or obtaining
such a permit.
C.
The Commission or, under the proper circumstance, its administrative
designee, may refuse a permit for the planting of any species of tree
which in its opinion is not suited to the location. The approved shade
tree list prepared by the Commission and incorporated by reference
is attached as Appendix A.[1] The approved shade tree list may be modified from time
to time through a resolution of Borough Council.
[1]
Editor's Note: Said appendix is on file in the Borough
office.
A.
No person shall remove any shade tree in or overhanging the public
streets or highways in the Borough without first obtaining a permit
from the Borough's code enforcement officials.
B.
The application for such permit, which shall be provided by the Borough
and which shall be signed by the owner of the abutting premises containing
such tree, shall include the details of such removal, whether by sketch
or otherwise. The fee for such permits will be set by Borough Council
under its procedures for setting other such fees.
C.
Applications for the removal of any shade tree in or overhanging
the public streets or highways shall include a plan to replace such
a tree within one year of its removal.
A.
Trees must be trimmed according to best practices, with severe heading
off, topping, or dehorning prohibited.
B.
All mature shade trees shall be trimmed so the lowest branches are
no less than 14 feet above the surface of the street or cartway and
are no less than seven feet above the surface of the sidewalk or walking
area, except that trimming shall not exceed 66% of the live crown
ration of the tree. Younger trees or trees that do not attain sufficient
height to meet the foregoing restriction will be trimmed to achieve
a reasonable balance of safety and aesthetics.
C.
No person may willfully or negligently damage shade trees in or overhanging
the public streets or highways by:
(1)
Pouring salt water, oil, or any other material at any place in such
a manner that injury might result to the tree.
(2)
Maintaining any stone, cement, or other substance which shall impede
the passage of water and air to the roots of any shade tree unless
such person shall have an open space of ground surrounding the trunk
of such a tree of not less than three feet by three feet square.
In addition to the mandatory restrictions in this chapter (Shade
Tree Commission), the following nonenforceable recommendations are
approved and are incorporated by reference:
Violations of any provisions of this chapter (Shade Tree Commission) shall be enforceable by the Borough's zoning and code enforcement officials, except that no provision of § 60-7 shall be enforceable.
