[HISTORY: Adopted by the Council of the City
of Sunbury 8-10-2020.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 44,
Shade Tree Commission, adopted 5-10-1965 by Ord. No. 767, as amended.
Words used in the present tense include the future; words in
the masculine gender include the feminine and neuter; the singular
number includes the plural and the plural, the singular. As used in
this chapter, certain terms are defined as follows:
For existing trees, the diameter of a tree trunk measured
at a point 4 1/2 feet from the ground surface. For all new landscape
trees planted in accordance with any City ordinance, the diameter
of a tree trunk measured at a point six inches above the ground surface.
Any tree designated by the Shade Tree Commission as such,
due to unique qualities of size, location, age or other significant
factors.
The City of Sunbury, Pennsylvania.
The Shade Tree Commission of the City of Sunbury.
Any tree service performed for the purpose of preventing
or mitigating damage to any trees or other property due to a sudden
or unexpected tree hazard that threatens to or actually does cause
such damage.
Any tree with a significant and documented historic event
associated with such tree or with the property upon which the tree
is located.
Any contract between the City and any property owner, developer
or their representative or agent which memorializes the rights and
obligations of the parties with respect to the installation of any
property improvements required by any City ordinance.
The improvement of one lot, or two or more contiguous lots,
tracts or parcels of land, for any purpose involving:
A subdivision of land; land development shall include but not
be limited to the constructing, installing, placing, planting or building
of surface and/or subsurface structures, utility lines, shopping centers
and malls, golf courses, residential structures, industrial complexes,
schools, roads, parking areas or any other similar activity.
A single-stemmed tree of 2.0-inch to 2.5-inch minimum caliper,
with normal species characteristics, no codominant stems, free of
insects and disease with a root ball meeting the current Nursery Standards
for the size of the tree. The lowest branch shall have a minimum clearance
of seven feet above the surface of the ground.
Any tree that is so structurally weakened by any cause that
all or any significant part of tree is likely to fall.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
A line dividing one lot from another, from a street or from
any public place.
Clipping, pruning, fertilizing, spraying, treating for disease,
insects or injury and any similar work done to promote health, growth
or beauty to trees.
The following are declared to be a nuisance under this chapter:
Any physical condition regarded as a public nuisance or attractive
nuisance at common law.
Any condition which interferes with the normal use or enjoyment
of any property or endangers human health, safety or welfare.
Any insect or disease infestation.
Any discharges, flowers, fruits, berries or other seeds which
create noxious odors or other offensive conditions.
As further described in 11 Pa.C.S.A. § 12320 et seq.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any natural person, firm, partnership, association, corporation,
company or any other organization of any kind.
Putting or setting into the ground.
The unpaved area between the sidewalk and the curb.
The strip of land between property lines set aside for public
use or ownership as a street, alley, crosswalk, easement or other
facility.
Any shade or ornamental trees located within any right-of-way.
Any documented tree that was planted as a memorial to any
person or significant event.
The width of a strip of land between property lines set aside
for public or private use or ownership as a street, alley, crosswalk,
easement, or other facility.
Any trees, shrubs, and woody vegetation in a public right-of-way.
The fund specifically established as a separately budgeted
line item for the purposes set forth in this chapter.
A right-of-way dedicated to the public for the movement of
traffic with space for utilities and providing access to abutting
properties.
A line which separates the right-of-way from the lot upon
which the street abuts.
A written plan that defines future objectives for sustaining
the street trees. Such plan shall be derived from collected field
data and inventories of existing trees, shall provide specific recommended
arboricultural practices for the various different areas and growing
conditions found in the City and shall seek to identify and maintain
the benefits of the individual and collective trees in the urban forest.
Systematic approach to secure a value by using four major
factors: size, species, condition, and location. With the four factors
established, a Cost of Cure or Trunk Formula can be implemented to
the result of a value for a tree. Formulas are based upon "Guide for
Plant Appraisal (9th Edition)" by the Council of Tree and Landscape
Appraisers and the ISA.
A.
Membership.
(1)
The Shade Tree Commission is hereby created in accordance with the
Municipalities Planning Code and shall consist of three appointed
Commissioners and one alternate.
(2)
The appointed Commissioners and alternate shall be City residents
who are knowledgeable in the subject of shade trees and their maintenance.
(3)
The normal term of office for an appointed Commissioner is five years.
The initial Commissioners shall be appointed to staggered terms of
three years, four years, and five years, respectively. On the expiration
of the term of any Commissioner, he or she shall be reappointed, or
a successor shall be appointed, to serve a new term of five years.
(4)
Commissioners shall be appointed by the Mayor with the advice and
consent of Council.
(5)
The Shade Tree Commission shall promptly notify the Mayor of any
vacancies which occur. Appointments to fill vacancies shall be only
for the unexpired portion of the term.
(6)
Any Commission member may be removed at the discretion of the Mayor
with the advice and consent of Council.
B.
Organization.
(1)
The Commission shall elect from its appointed Commissioners a Chairman,
who shall serve an annual term and who may succeed himself.
(2)
For the conduct of any meeting and the taking of any action, a quorum
shall not be less than a majority of the voting members of the Commission.
Majority vote of the quorum is necessary for the taking of action.
(3)
The Commission shall keep full records of its business and shall
submit a report of its activities to the Mayor and City Council at
least twice a year relative to the fiscal year then last ended.
(4)
The Commission shall have the power to establish its own procedural
rules, not inconsistent with this chapter. Such rules may provide
for the internal governance of its operations, to include provisions
for a secretary or other officers.
C.
Powers and duties.
(1)
The Commission shall act as an advisory body to the Council on all
matters concerning shade trees within or encroaching upon public land
or the public right-of-way. The Council shall consider the advice
of the Commission on matters concerning the application of this chapter.
The Commission shall carry out any duties and responsibilities conferred
upon it by the Council, including those herein conferred.
(2)
The City, having exclusive custody and control of all shade trees
in public lands and the public right-of-way, may plant, remove, maintain
and protect such shade trees. The Commission shall give recommendations
and advice as to species selection, planting, maintenance, preservation
or removal of trees on all public lands and public rights-of-way.
(3)
At any time the Commission shall propose the setting out or planting
or removing of any shade trees, or the material changing of the same
in any highway, said Commission shall give public notice of the time
and place appointed for the meeting at which such contemplated work
is to be considered, specifying in detail the highways, or portions
thereof, upon which trees are proposed to be planted, removed, or
changed, in one newspaper published in the City once each week for
two weeks, prior to the date of said meeting.
(4)
The Commission shall at all times be subject to the terms of the
Pennsylvania Sunshine Act (65 Pa.C.S.A. §§ 701 through
716).
(5)
The Commission shall develop and establish a Street Tree Management
Plan to determine the streets and sidewalks to be planted as well
as the varieties to be planted thereon, and shall have the right to
establish rules and regulations pertaining thereto with the consent
and advice of the Mayor. It is the responsibility of the Department
of Streets and Public Improvements department head, or his designee,
to enforce the regulations of the Commission.
(6)
The Commission, to encourage and advise, may require proper planting
and maintenance of trees by private persons and concerned agencies
to advise private persons and concerned agencies to plant according
to the Street Tree Management Plan when planting shade trees in the
public right-of-way and/or public lands. The Commission shall make
public advice on the desirable species and cultivars of trees, methods
of planting and maintaining trees and other educational information
about trees.
(7)
The Commission shall work with Department of Streets and Public Improvement
and the Department of Parks and Public Property in the planning of
trimming, planting, transplanting and removal of shade trees in public
lands and public rights-of-way.
(8)
Plan review.
(a)
The Commission shall review the planting plan of shade trees
within any new subdivision and/or land development for conformity
with the Street Tree Management Plan.
(b)
All such planting shall be done in accordance with the planting
specifications governing shade trees contained in the Code of the
City of Sunbury herein and such regulations as may be issued under
the provisions of this chapter.
(c)
The Shade Tree Commission may review and provide recommendations
regarding new subdivisions and/or land developments to the Planning
Commission.
(d)
The Shade Tree Commission may review and provide recommendations
regarding all proposed work within public lands or the public right-of-way,
including, but not limited to, sidewalk construction and replacement,
utility installation, replacement or repair and driveway construction.
Such review shall be coordinated by allied City departments, such
as the City Engineer, Department of Streets and Public Improvements,
Department of Parks and Public Property, and Department of Public
Safety.
(e)
The Commission shall have the power to recommend for Council
approval rules and regulations regarding the details of the administration
and enforcement of the powers and duties granted by this chapter.
Such regulations shall include recommending the fees charged for all
permits issued under this chapter.
D.
Notification that work is to be performed.
(1)
The Department of Streets and Public Improvements Supervisor may
declare work done to rectify a public nuisance caused by weather,
accident or any hazardous defects within a tree to be emergency work.
In the case of emergency work, notice to adjoining property owners
is not required.
E.
Public works within public lands or a public right-of-way.
(1)
Any proposed change in width in a public street right-of-way or any
proposed street improvement shall, where feasible, include allowances
for shade trees.
(2)
Plans and specifications for planting such areas shall be integrated
into the general plan of improvements in compliance with the standards
set forth in this chapter and the regulations issued under this chapter.
A.
No person, without first obtaining a permit from the Code Administration
Office, shall:
(1)
Prune, spray, plant, remove or cut any shade tree in public lands
or a public right-of-way.
(2)
Attach a guy rope, cable, electric wire or other fixture to any tree,
tree guard or support thereof in public lands or a public right-of-way.
Temporary attachments shall be allowed if a permit is issued. The
temporary attachments shall cause no harm to the tree, and there shall
be a prescribed timetable for removal of the temporary attachments.
(3)
Excavate, trench, tunnel, or bore within the dripline of any tree.
Permit applications for such work will contain at a minimum an excavation
plan indicating the tree protection zone and maintenance precautions
to be used during construction.
B.
The Commission shall by regulation set the application procedure
and technical requirements and recommend fee schedules for all permits
issued under this chapter and the regulations issued under said chapter.
C.
Permit time requirements.
(1)
A permit shall be secured not less than five days in advance of the
time the work is to be done.
(2)
All work done under any permit issued under this chapter shall be
completed within the time period specified on the permit, not to exceed
60 days from the date issued.
(3)
The Code Administration Office may extend the duration of the permit
for good cause shown.
(4)
The Code Administration Office shall be notified within five days
after completion of the work to allow for inspection by the Commission.
D.
A person who is refused a permit may make an appeal to the Commission
in writing within 20 days following the denial. Following a notice
and hearing before the Commission, the Commission shall issue a written
decision within 20 days. Further appeals of Commission decisions shall
be taken to the City Council for review and final decision.
No person under any circumstances shall:
A.
Cut, break bark or otherwise injure or disturb any tree, tree guard
or support thereof in public lands or a public right-of-way;
B.
Fasten or maintain any sign on any tree or tree guard or support
thereof in public land or a public right-of-way;
C.
Reduce the size of an existing tree pit, planting strip, or root
zone of an existing tree in public land or the public right-of-way;
D.
Deposit impervious material in such a way as to obstruct the free
access of air and water to the roots of any tree in public land or
a public right-of-way or cause compaction of any soil in public land
or a public right-of-way;
E.
Allow any tree in public land or a public right-of-way to be injured
or removed during the erection, repair, alteration or removal of any
building or structure. No person in charge of such erection, repair,
alteration or removal shall leave any tree in public land or in a
public right-of-way in the vicinity of such a building or structure
without such good and sufficient guards or means of protection as
shall prevent injury to the tree, arising out of or caused by the
erection, repair, alteration or removal, unless, upon review by the
City Code Administration Office, a permit allowing the same is granted.
The aforesaid decision by the City Code Administration Office may
first be appealed to the Commission hereunder, and subsequently to
the City Council, in the case of any determination against the request
for such a permit;
F.
Cause or allow any boiler, heater, machine or device generating fumes,
fires, gas, smoke or vapor to remain under or adjacent to any tree
in public land or in a public right-of-way, or cause or allow it to
be done;
G.
Fasten a bicycle, carriage, animal or motor vehicle of any kind to
any shade tree, tree guard or support thereof;
H.
Authorize or procure any gas, hot water, steam brine water, oil,
dye or other substance harmful to a tree's life or health or
to lay, pour, flow, leak or drip on or into the soil about the base
of a tree in any public land or public right-of-way;
I.
Build or kindle a fire near to any tree on any public land or public
right-of-way, so as to endanger the trunk, limbs, foliage or roots
of such shade tree;
J.
Interfere, cause, authorize or procure any interference with the
agents or employees of the City while they are engaged in:
K.
Attach any advertisements to any tree or shrub in any public land
or public right-of-way;
L.
Attach any pipe, rain downspout or gutter, lumber or any other building
material of any kind to any shade or street tree, tree guard or support
thereof.
A.
Tree requirements:
(1)
General. Shade trees shall be planted within the public right-of-way
of all subdivisions, land developments, and improved properties, including
land abutting existing streets as required herein. The type and spacing
of shade trees shall adhere to this chapter and regulations issued
under said chapter. Shade trees shall be planted by the developer
or owner in accordance with the approved plan and within the time
period specified by the improvements agreement.
(2)
Types of trees permitted. Trees shall be of nursery stock quality
of a species approved by the Shade Tree Commission, grown under the
same climatic conditions as the subject property. Site locations,
land use, topography, natural features and historical features shall
be considered by the developer or owner and the Commission in selecting
and approving species. Guidelines for selection shall be specified
by regulation.
(3)
Tree protection. Before any earthwork, construction work or approved
tree removal shall commence in connection with any subdivision, land
development or land improvement, fencing or guards shall be placed
around all existing shade trees to be protected to ensure that there
is no unnecessary encroachment with the tree protection zone by changing
grade, trenching, stockpiling of building materials or topsoil, parking
and/or circulation of vehicles or construction equipment contributing
to the compaction of the soil and roots. Such tree protection shall
be accomplished with the specifications as outlined in the Rules and
Regulations.
(4)
Tree replacement. The developer or owner shall make every effort
to preserve and maintain all existing shade trees within the right-of-way
and develop site designs and plans in order to accommodate such trees.
If a tree is approved for removal, it must be replaced on a one-for-one
basis.
(a)
Any shade tree(s) or tree(s) encroaching into a public right-of-way
or on public property shall be preserved if it can be classified as:
[1]
An historic tree, with an historic background; or
[2]
A champion tree, with significant features of the species, including
size, age or species traits; or
[3]
A remembrance tree, planted as a memorial to an individual or
event; or
[4]
By special exception of this Commission granted for good cause
shown.
(5)
Inspection. Upon completion of any required tree installation, the
developer or owner shall submit a written request for a final inspection
to the Commission or designee. The inspector shall ensure that all
trees are installed per the issued permit or the approved plan and
will update the tree inventory.
B.
Care provisions.
(1)
The owner of any property abutting a public right-of-way that has
shade trees growing in the public right-of-way shall trim each tree
within the current arboricultural standards (ANSI A300) or cause such
trees to be pruned of all branches interfering with the public right-of-way.
At a minimum, such trees shall be trimmed to maintain a minimum height
of 10 feet above the right-of-way and 16 feet above the street, highway
or avenue, or higher to maintain a clear sight triangle or other publicly
necessary unobstructed view.
(2)
At the time of planting, all trees shall have a minimum branch clearance
of seven feet from the ground to the lowest branch. During the next
five years from date of planting, the property owner shall perform
careful crown and structure pruning not to exceed 25% of crown mass
at any one pruning, to achieve a minimum height of 10 feet above rights-of-way
and 16 feet above streets, highways or avenues, or higher if required
to maintain a clear sight triangle or other publicly necessary unobstructed
view.
(3)
If any property owner neglects or refuses to prune any shade tree
as required by this chapter upon notice by mail from the Commission
and after the expiration of the time limit specified on the notice,
the Commission may cause such pruning to be done at the expense of
the owner. The entire cost thereof shall be paid by the property owner
within 30 days. If not paid by the property owner within 30 days,
a lien upon such premises and a claim therefor shall be filed and
collected by the City Solicitor in the same manner as municipal claims
are filed and collected.
C.
Notice to remove or remedy.
(1)
The Code Administration Office, either of its own volition or upon
request by this Commission, shall provide a notice to remove or remedy
by first-class mail to the owner of any property abutting a public
right-of-way that has a shade tree growing in the public right-of-way
which is determined by the Commission or designee to be a risk to
the life, health, safety or property of the public, or which is afflicted
with any contagious disease or insect infestation, or otherwise is
a nuisance.
(2)
The notice to remove or remedy shall include:
(a)
The property address and owner's name as shown on the City's
property ownership records.
(b)
A brief description of the condition that requires a remedy.
(c)
A time period for compliance, not to exceed 30 days.
(d)
A statement that the notice may be appealed to the City Council
along with contact information for initiating an appeal.
(e)
A statement that failure to comply may result in criminal or
civil action and the completion of the work required by the City,
with the costs to be collected from the property owner.
(3)
The Commission or designee shall be authorized to grant reasonable
time extensions upon request.
(4)
If the property owner neglects or refuses to remove or remedy such
tree as required by this section within the time period specified
in such notice, the City may cause such removal to be done at the
expense of the property owner; and the entire cost plus 10% shall
be paid by the property owner within 30 days, if no exception thereto
is granted by the City Code Administration Office. If not paid by
the property owner within 30 days, a lien upon such premises and a
claim therefor shall be filed and collected by the City Solicitor
in the same manner as municipal claims are filed and collected.
(5)
Any removed tree shall be replaced except as otherwise set forth
in this chapter.
D.
Liability for damage.
(1)
Any person who inflicts damage to a tree in public land or in a public
right-of-way, either willfully or negligently, shall be liable to
the City for costs of professional care in the treatment of the tree
wounds.
(2)
If the tree dies within three growing seasons as a direct result
of such damage, or if the damaged tree is rendered unsuitable and
condemned by the City, then the person responsible shall pay:
(3)
All work under this subsection shall be performed by the City or
contracted by the City, with all costs assessed to the responsible
person.
(4)
If the damage described above shall be willful, then the responsible
person shall also be subject to the penalties hereinafter provided
for violations of this chapter.
A.
Any shade tree or parts thereof growing upon private property but
overhanging or interfering with the use of any street, highway, avenue
or any public right-of-way in the City, and which, in the opinion
of the City, endangers the life, health, safety or property of the
public, is hereby declared a public nuisance.
B.
A notice of public nuisance shall be sent by first-class mail to
any property owner declared to have a public nuisance by the Code
Administration Office or the designee.
C.
If the owner of any shade tree declared to be a public nuisance neglects
or refuses to correct or remove the shade tree upon notice by mail
from the City within the time limit specified on the notice, not to
exceed 30 days, the City may cause such correction or removal to be
done at the expense of the owner. The entire cost thereof plus 10%
shall be paid by the property owner within 30 days. If not paid by
the property owner within 30 days, a lien upon such premises and a
claim therefor shall be filed and collected by the City Solicitor
in the same manner as municipal claims are filed and collected.
A.
All approved pruning, cutting, removal, spraying, fertilizing and
arboricultural procedures to trees and shrubs in the public right-of-way
shall be done only by a person possessing insurance sufficient to
repay any damages caused by said person in performing said work, except
as hereinafter provided for property owners.
All planting of shade trees in public right-of-way shall be
in compliance with the Zoning Ordinance or any amendments thereto.[1]
A.
There shall be established a unique budget line number, entitled
"Shade Tree Fees," for the purposes set forth in this chapter.
B.
The "Shade Tree Fees" line item shall be administered by the Commission
exclusively in the manner and for the purposes set forth in this chapter
and the regulations adopted under said chapter.
C.
The "Shade Tree Fees" line item shall be the repository for all funds
received from:
D.
The "Shade Tree Fees" line item shall be expended only for:
(1)
Reimbursement to the City for the expense incurred either internally
by the City, for work done by City employees, or for the actual cost
of contracting out work done by non-City employees for all work done
under the provisions of this chapter, to include at least:
(a)
Tree replacement of any kind;
(b)
Tree removal, pruning or other maintenance;
(c)
Professional services;
(d)
Administrative expenses for administering the provisions of
this chapter;
(e)
Grant matching expenses;
(f)
Professional training, education and certification;
(g)
Public education materials related to Shade Tree Management
issues.
A.
Violation of any provision of this chapter is a summary offense.
B.
Any person violating any provisions of this chapter shall be fined
not more than $1,000 plus cost of prosecution or 90 days' imprisonment,
or both, plus restitution in an amount at least equal to the appraised
value of the tree involved, plus cost of cure as obtained from certified
arborists, or imprisoned not more than 90 days, or both. All such
fines and/or penalties shall become liens upon the real property of
the offender and be collectible by the constituted authorities as
liens for taxes on real property are now collected.
