Chapter
25, Article
VI, §
25-29 K has established a Shade
Tree Commission.
As used in this chapter, the following terms shall have the meanings indicted:
QUALIFIED TREE RISK ASSESSMENT An assessment performed by an arborist possessing International Society of Arboriculture (ISA) risk assessment qualification and using methodology based on the current edition of the ISA Best Management Practice Manual for Tree Risk Assessment.
RIGHT-OF-WAY An area of land, whether or not paved or otherwise improved in any way, acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street.
SHADE TREE A tree situated within the shade tree protection area; all trees and shrubs originally planted as a requirement of an approved plan for subdivision or land development; all trees or shrubs required by order of the Zoning Hearing Board, and any shade trees, shrub or other woody plant, or part thereof, which extends within the lines of any street in said Borough.
SHADE TREE PROTECTION AREA The right-of-way plus an additional 10 feet on either side of the right-of-way, as well as any land designated as or constituting a "buffer area" or "open space" or similar protection area as shown on an approved subdivision or land development plan.
STREET Any public or private right-of-way that is intended for vehicular or pedestrian circulation to provide access to one or more lots and also used to provide space for installation of improvements such as sewers, other utilities, street trees and sidewalks. The term "street" includes alley, road, avenue, drive, lane, court, or similar terms.
STREET LINE A line separating a lot from an adjacent street.
The Shade Tree Commission may, with the approval of the Borough Council, employ and pay such superintendents, engineers, foresters, tree wardens or other assistants as needed for the proper performance of duties imposed upon it shall require, and may make, publish and enforce regulations for the care and protection of the shade trees in the Borough; provided, however, that no such regulation shall be in force until it has been approved by the Borough Council and until it has been enacted as an ordinance.
The Commission may, upon 30 days' written notice, require owners of property to cut or remove trees affected with diseases or any other affliction or condition which the Commission may determine to have detrimental effect upon the health, safety or welfare of the public or which threatens to injure or destroy plants, shrubs or shade trees of the Borough. Upon failure of any such owner to comply with such notice, the Borough may cause the work to be done by the Borough or its contractor and levy and collect the cost thereof from the owner of the property. The cost of such work shall be a lien upon the premises from the time of the commencement of the work, which date shall be fixed by the Codes Enforcement Officer and shall be filed with the Borough Secretary. Any such lien may be collected by a civil action or by lien filed in the manner provided by law for the filing and collection of municipal claims.