[Ord. 7164, passed 5-12-1994]
The City hereby creates a Commission to be known as the "Shade
Tree Commission of the City of New Castle."
[Ord. 7164, passed 5-12-1994; Ord. 7164, passed 5-12-1994; Ord. 7176, passed 9-8-1994; Ord. 7164, passed 5-12-1994; Ord. 7164, passed 5-12-1994]
(a)
The Shade Tree Commission shall be composed of five residents of
the City of New Castle who shall be appointed by the Mayor and shall
serve without compensation.
(b)
Two members of the Commission shall serve for a term of three years;
two members of the Commission shall serve for four years; and one
member of the Commission shall serve for a term of five years.
The members, and their terms, are as follows:
(1)
Dave Hoover, 312 Pine Street, New Castle, PA (3-Year Term).
(2)
Beverly Zona, 941 Adams Street, New Castle, PA (3-Year Term).
(3)
John DiMuccio, 213 Clen-Moore Boulevard, New Castle, PA (4-Year
Term).
(4)
Jack Korpela, 317 Boyles Avenue, New Castle, PA (4-Year Term).
(5)
Randy Costello, 1405 North Mercer Street, New Castle, PA (5-Year
Term).
(c)
On the expiration of the term of any member of the Commission, a
successor shall be appointed by the Mayor to serve for a term of five
years.
(d)
Vacancies on the Commission shall be filled by the Mayor for the
unexpired term.
[Ord. 7164, passed 5-12-1994]
Should the governing body determine to increase the membership
of an already existing Shade Tree Commission, the additional members
shall be appointed as provided in this section. If, at any time, after
increasing the membership of the Commission, the governing body should
determine to reduce the number of members on the Commission, such
reduction shall be effectuated by allowing the terms to expire and
by making no new appointments to fill the vacancy. Any increase or
reduction in membership shall be by ordinance.
[Ord. 7164, passed 5-12-1994]
The Shade Tree Commission shall have exclusive custody and control
of the shade trees of the City and may plant, remove, maintain and
protect shade trees on the streets and sidewalks of the City. The
Commission may require the planting and replanting of shade trees
along the streets and sidewalks of the City, as Council may direct.
The kind of tree and the alignment and location of the tree shall
be determined by the Commission, but shall not prevent necessary or
reasonable use of streets, sidewalks, abutting property or the conduct
of a business. The Commission may, with the approval of Council, either
employ and pay superintendents, engineers, foresters, tree wardens,
or other assistants, or may contract for personal or professional
services, for the proper performance of the duties devolving upon
it, and may make, publish, and enforce regulations for the care and
protection of the shade trees of the City. No such regulations shall
be in force until it has been approved by Council, and until it has
been published at least twice in not more than two newspapers of the
City.
[Ord. 7164, passed 5-12-1994]
The Shade Tree Commission shall annually report in full to Council,
at Council's first stated meeting in October, of its transactions
and expenses for the last fiscal year of the City.
[Ord. 7164, passed 5-12-1994]
Whenever any Shade Tree Commission, acting as a Shade Tree Commission,
proposes to plant, transplant, ore remove shade trees on any street
or sidewalk, notice of the time and place of the meeting at which
such work is to be considered shall be given in not more than two
newspapers published in the City, once a week for two weeks immediately
preceding the time of the meeting, in accord with the provisions of
the Third Class City Code. The notice shall specify in detail the
streets and sidewalks, or portions thereof, upon which trees are proposed
to be so planted, replanted or removed.
[Ord. 7164, passed 5-12-1994]
The cost of planting, transplanting, or removing any trees on
any highway, and of suitable guards, curbing, or grading for the protection
thereof, when necessary, and of the proper replacing of any pavement
or sidewalk necessarily disturbed in doing of such work, shall be
borne by the owner of the real estate in front of which such trees
are planted, set out, or removed, and the cost thereof as to each
tract of real estate shall be certified by the members of the Commission
to the President of Council, and also to the person having charge
of the collection of taxes for said City; and upon the filing of said
Certificate, the amount of the cost of such improvement, of which
notice shall also be given to each property owner involved, accompanied
with a copy of the aforesaid Certificate, together with the notice
of time and place for payment, shall be and become a lien upon real
estate, in front of which said trees have been planted, set out, or
removed; said lien to be collectible if not paid in accordance with
notice as herein provided, in the same manner as other liens for taxes
are now collectible against the property involved.
[Ord. 7164, passed 5-12-1994]
The cost and expense for caring for said trees after having
been planted or set out, and the expense of publishing the notices
provided for shall be borne and paid by a general tax to be levied
annually in the manner that taxes for the City purposes are now levied;
such tax not to exceed the sum of one-tenth of one mill on the dollar
of the assessed valuation of the property in the City; and the needed
amount shall each year, in due time, be certified by the Shade Tree
Commission members to the proper authorities charged with the assessment
of taxes in said City, to be assessed and paid as other taxes are
assessed and paid, and to be drawn against as required by said Commission,
in the same manner as monies appropriated for City purposes are now
drawn against in said City; provided, that the members of the Commission
of the City and the Council of the City accepting the provisions of
this Act may provide for the expense of the maintenance of trees on
highways, in accordance with the provisions of this section by actual
appropriation, equal to the amount certified to be required by said
Commission, in lieu of the specific assessment above authorized.
[Ord. 7468, passed 1-25-2001]
(a)
Definitions.
(1)
CITY STREET — The area within the right-of-way of a street
officially accepted and open as a City street, including the curb,
street lawn and sidewalk.
(2)
CITY TREE — A tree located in a public park in the City
or within a City street.
(3)
COMMUNITY FORESTER — An arborist/horticulturist appointed
by the Mayor under recommendation of the Shade Tree Commission and
approved by City Council who shall be an agent of the Shade Tree Commission.
(4)
PARCEL — Contiguous land under common ownership.
(5)
PERSON — Any individual, partnership, association, corporation,
club, firm or body incorporate or public, or other group or entity.
(6)
PRUNING — The cutting or other removal of all or a portion
of unwanted limbs from a tree.
(7)
SUBSTANTIAL INJURY — Such injury and damage which endangers
the life of any tree or significantly affects the health or integrity
of a tree.
(8)
THE SHADE TREE MANAGEMENT PLAN — All ordinances, resolutions,
rules and regulations adopted by City Council and relating to trees
within City streets.
(9)
TOP or TOPPING — Of a tree shall mean the cutting back
of limbs to stubs larger than three inches in diameter within the
tree's crown to such a degree as to substantially remove the
natural canopy.
(10)
TRIMMING — The cutting of the limbs of a tree.
(b)
Prohibited Activities.
(1)
It shall be unlawful for any Person or his agent to conduct
any of the following activities without a permit issued by the City
pursuant to and in accordance with The Shade Tree Management Plan:
A.
To cut down, top, prune, or cause to be cut down, topped, or
pruned, any City tree; except the trimming of low branches that interfere
with the use of a street or sidewalk.
B.
To cut or disturb roots, to obstruct free access of air and
water to roots, or to undertake demolition or construction work without
protecting or guarding nearby City trees, where such activity is likely
to cause substantial injury to or destruction of a City tree.
C.
To fasten ropes, wires, cables, electric attachments, signs
or other devices to a City tree.
D.
To plant or cause to be planted any tree within a City street.
E.
To apply chemicals to a City tree.
(c)
Permits.
(1)
The permit required to conduct any activities governed by these
regulations shall be obtained by submitting a written application
to the Director of the Department of Public Works together with such
fee as may be established from time to time by Resolution of City
Council which fee shall be made payable and forwarded to the City
Treasurer. The application shall contain the following information:
A.
The name, address and the phone number of applicant.
B.
The location and description of the property on which the activity
is to occur. Applications for permits for multiple tree trimming by
utilities must describe the area of the work project.
C.
A description of activity to be undertaken, including a description
of trees affected and their location with respect to streets, property
lines, sidewalks and structures.
D.
The person(s) doing the work.
E.
The date on which such activities will commence and end.
F.
A traffic control plan.
G.
A certification that the applicant has notified all utilities
which may be affected by the activity.
H.
When the activity will be conducted by a person engaged in the
business of performing such activities or one who intends to engage
in the activities for a fee, the applicant shall be required to demonstrate
the existence of liability insurance covering the activities involved
in minimum amounts of $500,000 per occurrence and $1,000,000 aggregate
for bodily injury, death and property damage.
I.
Any other information requested by the City and reasonably necessary
to determine whether a permit should be issued.
(2)
The permit shall be issued by the Director of the Department
of Public Works only after the application is approved by the Shade
Tree Commission and shall contain any conditions imposed by the Shade
Tree Commission.
(3)
A permit shall be issued only after the Community Forester or
Shade Tree Commission or its agent determines that the requested activity
will be performed in accordance with the Shade Tree Management Plan.
(4)
A permit shall not be required for activity conducted to eliminate
an emergency that threatens individuals or property. However, within
30 days following such activity the person conducting the activity
shall file with the City a report identifying the location of the
City Tree upon which such activities were performed and the nature
thereof.
(5)
All such activities shall be performed in accordance with accepted
arboricultural standards.
(d)
Obligation of owners.
(1)
It shall be the obligation of the owner of property on which
there is a City Tree to:
A.
Trim and prune such trees so that its limbs, branches or foliage,
a) do not interfere with or obstruct traffic signs and or devices,
b) have a clearance of not less than eight feet above the surface
of the sidewalk, and c) have a clearance of not less than 14 feet
above the surface of the roadway, street, or alley.
B.
Trim and remove dead, diseased, broken and decayed limbs and
branches from trees which constitute a risk to sidewalk pedestrians,
street traffic, or to the public generally.
C.
Remove all dead or diseased trees and stumps, which constitute
a risk to the public.
(2)
Tree trimmings shall be properly removed and disposed of.
(e)
Rights and responsibilities of City.
(1)
The City shall have the right, but not the duty, to plant trees
within City streets to preserve and to enhance the symmetry and beauty
of the City streets.
(2)
The City shall have the right, but not the duty, to trim, maintain
and remove City trees which may be dead, diseased or in an unsafe
condition or which may interfere or cause harm to sewers, water lines,
and other public utilities, or to public improvements; which may pose
a risk of danger to traffic or pedestrians; which may interfere with
traffic control devices or street lights; which have been damaged
by storm or other occurrence; or which in any other manner may pose
a threat to the public health or safety.
(3)
The City shall have the right, but not the duty, to treat or
arrange for treatment of City trees by spray, injection or other appropriate
means to protect the health and integrity of such tree.
(4)
The City shall make reasonable efforts to provide the owner
of adjacent property with notice of its planned activities with respect
to a City Tree.
(5)
In the event the City engages in activities under this section,
the property owner shall not be liable for the costs incurred by the
City for such activities unless enforcement proceedings have previously
been instituted by the City under Subsection (f) of this section.
(6)
The City may obtain permission from property owners to plant
trees on private land along streets with non-existent or too narrow
a space for tree planting. In the event such permission is obtained,
such trees shall be under the same regulations as other trees planted
by the City within City streets.
(f)
Shade Tree Management Plan.
(1)
All Persons performing activities involving a City Tree shall
comply with these standards and specifications where applicable.
(2)
All persons receiving permits shall conduct the work in accordance
with known and accepted arboricultural methods as are generally followed
to protect the vitality of such trees, and they shall act in accordance
with all other relevant ordinances and resolutions of the City of
New Castle.
(3)
The following fees shall be paid to the City for issuance of
permits:
A.
Free permit for planting or maintenance of tree. (Tree species
must be approved by the Shade Tree Commission.)
B.
$5 for each activity occurring upon a Parcel.
C.
Fees may be waived for certain circumstances as determined by
the Shade Tree Commission. e.g. dead, extremely damaged or diseased
trees.
(g)
Pruning and removal.
(1)
Specific requirements pertaining to pruning trees.
A.
Authority to prune or trim trees within City streets shall not
include cutting back of sound, healthy tree branches outside the stated
purpose of the permit issued.
B.
Tree branches shall be removed and controlled in such a manner
as not to cause damage to other parts of the tree or to other plants,
people or property.
(2)
Standards of workmanship for pruning and removal.
A.
The use of climbing spurs or spikes shall be permitted only
in the process of removing a tree.
B.
Right-of-way trees or poles in the right-of-way shall not be
used as an anchor for any mechanical device.
C.
Under no circumstances, when removing a tree or any part of
a tree, shall the work site be left unattended unless the tree and
its branches are in a safe condition.
D.
Unless tree work is totally barricaded or otherwise kept safe
while pruning or removing trees, at least one responsible worker shall
remain upon the ground to coordinate safe operating procedures at
all times during operations.
E.
No severed or partially cut branches shall remain in the upper
portion of any tree being worked on after the workers leave the site.
F.
Whenever large tree sections are being cut which may endanger
persons or property, such materials shall be secured by ropes and
lowered safely in a controlled manner.
G.
Cleanup of branches, logs or any other debris resulting from
tree pruning or removal shall be prompt and thorough. The work area
shall be kept safe at all times during cleanup. Under no condition
shall the accumulation of brush, branches, logs or other debris be
allowed upon areas used by the public in such a manner as to result
in a public risk.
H.
Excavations resulting from tree or shrub removal must be properly
filled to conform to the surrounding ground level with a clean earth
fill lightly compacted and/or stump grindings.
(h)
Chemical application specifications.
(1)
The following specifications pertain to the spray applications,
soil applications, or injection of fertilizers, pesticides or growth
inhibitors to the above ground portions of trees or roots.
A.
General specifications:
1.
Applicators applying chemical pesticides to right-of-way trees
shall adhere to all Federal and State laws pertaining to pesticides
and their application.
2.
Applications of restricted use material shall be made by a person
with a current pesticide license.
3.
The pesticide applicator shall know and understand the capacities
and safety precautions of those materials used by either himself or
his employees and be aware of those recommendations stipulated by
the manufacturer.
4.
Ineffectual control, damage, injury or death to plants or adverse
effects on animals and persons resulting from the use of materials
beyond the limitations of the manufacturer's guarantee shall
be considered the responsibility of the licensed operator and his
employer.
5.
Operators shall properly dispose of excess chemicals, including
rinse water, in accordance with Federal and State laws. Unsafe methods
of washing out or draining tanks and equipment into public sewers
and gutters is prohibited.
6.
No spray application shall be carried out when there is sufficient
wind to make pesticide control ineffectual or create an over spray
risk to persons, plants or property.
7.
No spraying of pesticides shall be done when air temperature
is less than 40°.
8.
Adequate precautions shall be taken in all phases of chemical
preparation and application in order to minimize the chances of toxicity
or phytotoxicity to non-target species.
(2)
Specific requirements pertaining to tree injection.
A.
Authorization by the Community Forester or a designee must be
given prior to any injection of chemicals into right-of-way trees.
B.
A record of trees injected shall be kept and turned in to the
Community Forester upon completion of work. The record shall include
date, time of day, location, operator, chemicals used, size, species
of tree, amount of chemical used and any other pertinent information.
(i)
Planting specifications.
(1)
Plant material.
A.
Plant material shall conform to the latest version of the American
Standard for Nursery Stock (ANSIZ60.1). Plant material shall be of
standard quality or better, true to name and type of species. Said
publication shall be available for reference in the City Office.
B.
The Community Forester or a designee shall be notified and have
the right to inspect any trees before or after they are planted.
C.
A tree list shall be maintained by the City categorizing small,
medium and large appropriate varieties as selected and approved by
the Community Forester in consultation with the Department of Public
Works.
(2)
Planting methods and techniques.
A.
No plant pit shall be dug or approved until all underground
electric or telephone lines, gas lines, water lines or any other improvement
locations are checked in accordance with Act 172 of 1986 of the Commonwealth
of Pennsylvania.
B.
Trees may not be planted in violation of current City standards
for distances from street intersections, fire hydrants, driveways
or utility poles. Actual tree locations shall be approved by the Community
Forester or his designee.
C.
It is prohibited to plant or cause to be planted any tree less
than the following distances from curbs, sidewalks, underground water,
sewer or other utility facility, and overhead utility wire, cable
or similar utility facility, except that in some cases the Community
Forester may approve the planting of smaller tree species in tree
lawns of less than the following:
|
Type
|
Size
|
|---|---|
|
Curbs and sidewalks:
| |
|
Small Trees
|
1.0 foot
|
|
Medium Trees
|
1.5 feet
|
|
Large Trees
|
2.0 feet
|
|
Underground water, sewer or other utility facility:
| |
|
Medium Trees
|
8.0 feet
|
|
Large Trees
|
10.0 feet
|
|
Overhead utility cable, Cable, wire or similar utility facility:
| |
|
Medium Trees
|
10.0 feet
|
|
Large Trees
|
10.0 feet
|
|
The spacing of right-of-way trees shall be as follows:
|
|
Type
|
Spacing
|
|---|---|
|
Small Trees
|
25 feet
|
|
Medium Trees
|
30 feet
|
|
Large Trees
|
40 feet except plantings designed by a landscape architect and
approved by the Shade Tree Commission
|
(j)
Protection and preservation specifications.
(1)
The following specifications are intended to prevent unnecessary
damage and destruction to trees.
A.
General specifications.
1.
Authorization must be given by the Community Forester or a Designee
before any of the following is performed:
2.
All site or landscape plans involving public property shall
show all existing trees. Trees proposed to be saved and removed shall
be indicated. Every possible effort shall be made to preserve desirable
trees.
3.
During new construction, existing trees to be saved shall be
marked with prominent identification. Protective devices shall be
placed around all "save" trees as soon as possible. Acceptable protective
devices include but are not limited to standard snow fencing attached
to metal posts, wire or string with flagging attached to wooden or
metal post set securely in the ground, or board fencing.
4.
Heavy equipment shall not be allowed to travel over the root
zone of existing trees unless landscape fabric and wood chips or boards
in small areas are used to avoid compaction of the soil and damage
to the tree's roots.
5.
Curb cuts shall not be closer than five feet from the trunk
of a tree. No paving or asphalt, other than replacement, shall be
installed closer than 2 1/2 feet from a tree trunk.
6.
New sidewalks, paving or asphalt, other than street cartway,
must allow space for tree roots that is permeable to air and water.
The following should be used as a guideline. For trees up to four
inches in trunk caliper, 25 square feet of porous area is needed.
For each additional two inches of tree caliper, 10 more square feet
are needed.
7.
Changes to finished grade elevations within the drip line of
a tree to be saved shall be avoided whenever possible. If proposed
final grade changes from existing grade are absolutely necessary within
the drip line of "save" trees, tree wells or walls shall be used.
8.
If trees are in full leaf during the construction phase, it
may be necessary to supply supplemental irrigation. The Community
Forester shall notify the permittee when irrigation is required.
B.
Specific requirements pertaining to protection of trees.
1.
Permits granted for street openings and curb cuts include notice
of the requirements of the Shade Tree Ordinance.
2.
When an underground project encounters the roots of a tree within
City streets, modification of the project under or around the tree
roots may be required as reasonably necessary to protect the health
and survivability of the tree.
3.
When in the process of excavating within the drip line of a
tree within City streets, roots larger than two inches are encountered,
the Community Forester or his designee shall be contacted. All roots
shall be cleanly pruned on the tree side of the excavation. Backfilling
shall be done as soon as possible to prevent the drying of exposed
roots.
4.
Installations of curbs and sidewalks shall be completed in a
manner as may reasonably protect the health and survivability of trees
and tree roots. Clean cuts shall be made in every case.
a.
Sidewalks - roots less than two inches in diameter of trees
within City streets may be cleanly pruned on the tree side of the
excavation without notifying the Community Forester. Notification
of the Community Forester is required to prune roots larger than two
inches in diameter. Sidewalk cutouts are permitted to clear trees
or large roots while maintaining a minimum of four or five foot wide
sidewalk as the case may be.
[Ord. 7468, passed 1-25-2001]
(a)
Any Person who shall violate the provisions of these regulations
shall be served with a written order issued by the City requiring
such action as may be appropriate to correct the violation.
(b)
The order shall require correction of the violation within a period
of not more than 30 days, except that in the case of emergency involving
imminent risk to public health or safety, the order may require appropriate
and immediate correction.
(c)
Any Person who is aggrieved by any order issued pursuant to this
section may appeal the order to a Board consisting of the Director
of Public Works, and a quorum of the members of the Shade Tree Commission,
by filing a written notice of appeal with the office of the Mayor
within 10 days of the date of the subject order and said Board shall
then conduct a hearing in accordance with the Pennsylvania Local Agency
Law to determine whether the order was properly issued and whether
the appellant is entitled to relief from the order. The Board shall
render a decision within 45 days of the date of the hearing.
(d)
In the event a Person fails or refuses to comply with any order,
the City may take one or more of the following actions:
(1)
Revoke any permit issued pursuant to the provisions of these
regulations.
(2)
Correct or remedy the subject condition or violation.
(3)
Should any Person responsible for the violation fail to pay
the cost of any corrective action together with the administrative
fee authorized herein, within 10 days of the date of a statement therefore,
such costs may be assessed against the premises upon which the City
Tree is located or the activities conducted, and the owners thereof
and collected as a municipal lien or sought and collected otherwise
as permitted by law.
(4)
Proceed with an action as permitted by law for any other appropriate
relief at law or in equity.
(e)
Any persons who shall violate the terms of this article shall, upon
summary conviction thereof before a District Justice, be sentenced
to pay a fine not to exceed $600 for a single violation. Each day
during which any violation is continued shall be deemed to be a separate
offense.
