[Ord. No. 08-2017; Ord. No. 12-2017; amended 3-24-2020 by Ord. No. 04-2020]
The list that specifies and mandates the species of trees,
shrubs, and bushes that may be planted on public property within the
Borough of Allentown. Said list shall describe the species, and indicate
acceptable plantings for street trees, utility trees, and park trees.
Said list shall further delineate the minimum street lawns area for
the planting of street trees. Said list shall be maintained by the
Shade Tree Commission and updated at least once every three years
by the Shade Tree Commission.
Trees, shrubs, bushes and all other woody vegetation in public
parks, and all areas owned by the Borough, or to which the public
has free access as a park.
The area between the sidewalk and the curb, or if a curb
is absent, then it is the area between the sidewalk and the edge of
the roadway. If a sidewalk is absent, then it is the area six feet
from the curb or, if absent, from the edge of the roadway.
Trees, shrubs, bushes, and all other woody vegetation on
land comprising the Borough's right-of-way on either side of
all streets, avenues, or ways within the Borough.
Street trees that are under utility lines.
[Ord. No. 08-2017; Ord. No. 12-2017; Ord.
No. 04-2018; amended 3-24-2020 by Ord. No. 04-2020]
No species of tree, except those identified on the Borough Tree
List may be planted on public property within the Borough of Allentown
without the prior written permission of the Shade Tree Commission.
[Ord. No. 08-2017; Ord. No. 12-2017; 3-24-2020 by Ord. No. 04-2020; amended 3-24-2020 by Ord. No. 04-2020]
a.
Street tree, park tree, and utility tree placement shall be in accordance
with the Borough Tree List. If the Borough Tree List specifies a variety
for a species, that variety, or one of similar species, height, spread,
habit and hardiness, must be used. Species permitted in a smaller-width
street lawn may be planted in a larger-width street lawn. No more
than 10% of a species may be planted within the Borough. Areas that
are difficult to diversify may be exempted from this requirement by
the Shade Tree Commission.
b.
The spacing and clearances of trees shall be maintained as follows:
1.
Water meter or valve box: six feet.
2.
Utility pole: 10 feet.
3.
Street corner: 30 feet (from the curb of cross street to tree).
4.
Fire hydrant: 15 feet.
5.
Stop sign: 30 feet.
6.
Buried utility line: three feet.
7.
Curb cut or driveway: seven feet.
8.
Minimum distance between trees (trunk to trunk) shall be 20 feet
to 30 feet, depending upon the tree species and other local conditions,
except that the minimum distance may be as close as 10 feet if the
new planting is to succeed an existing tree that has been identified
for future removal.
[Ord. No. 08-2017; Ord. No. 12-2017; amended 3-24-2020 by Ord. No. 04-2020]
The Shade Tree Commission and/or the Mayor and Council shall have the power to plant, prune, maintain, regulate, and remove trees, plants, and shrubs within the limits and rights-of-way of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to protect public safety or to preserve or enhance the symmetry and beauty of such public grounds in accordance with the procedures set forth in § 2-56 of this Code. All pruning, care, and maintenance of street trees, park trees, and utility trees shall be in accordance with ANSI 300 Standards.
[Ord. No. 08-2017; Ord. No. 12-2017; amended 3-24-2020 by Ord. No. 04-2020]
Every owner of any tree overhanging any street or right-of-way within the Borough shall prune the branches so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clear space of eight feet above the surface of the street or sidewalk. Said owners shall remove all dead, diseased or dangerous trees, or broken or decayed limbs which constitute a menace to the safety of the public. The Shade Tree Commission and/or the Mayor and Council shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a street light or interferes with visibility of any traffic control device or sign in accordance with the procedures set forth in § 2-56 of this Code.
[Ord. No. 08-2017; Ord. No. 12-2017; amended 3-24-2020 by Ord. No. 04-2020]
The Shade Tree Commission and/or the Mayor and Council shall have the right to cause the removal of any dead or diseased trees on private property within the Borough, when such trees constitute a hazard to life and property, or harbor insects or disease which constitute a potential threat to other trees within the Borough in accordance with the procedures set forth in § 2-56 of this Code.
[Ord. No. 08-2017; Ord. No. 12-2017; amended 3-24-2020 by Ord. No. 04-2020]
All stumps of street trees, park trees, and utility trees shall
be removed below the surface of the ground so that the top of the
stump shall not project above the surface of the ground.
[Ord. No. 08-2017; Ord. No. 12-2017; amended 3-24-2020 by Ord. No. 04-2020]
a.
Any person who violates any provision of this chapter shall, upon conviction thereof in Municipal Court, for a violation of any provision of this chapter, be liable to the penalty stated in Chapter 1, § 1-5 of this Code. Each instance of engaging in a separate regulated activity, including specifically each tree removed, in the violation of this chapter shall be deemed a separate offense.
b.
In addition, the Borough may institute civil action for injunctive
or other relief to enforce the provisions of this chapter including
requiring the replacement of all trees illegally removed and/or, at
the option of the Borough, the payment of a contribution to allow
equivalent mitigation on public land.
