[HISTORY: Adopted by the Borough Council of the Borough of Athens 10-9-1967 by Ord. No. 265, approved 10-16-1967; amended in its entirety 12-13-1999 by Ord. No. 529 (Ch. 96 of the 1977 Code). Subsequent amendments noted where applicable.]
ATTACHMENTS
Attachment 1 - Exhibit A, Pruning SuggestionsAttachment 2 - Exhibit B, Approved Shade Tree List
The purpose of this chapter is to establish a desirable amount of tree cover on public lands within the Borough; maintain Borough trees in a healthy and nonhazardous condition through good arboricultural practices; establish and maintain appropriate diversity in tree species and age classes to provide a stable and sustainable suburban forest; promote conservation of tree resources; and select, situate and maintain shade trees appropriately to minimize hazard, nuisance, landscape damage and maintenance costs.
A. 
Definitions. The following words and phrases shall have the meanings hereby ascribed to them, except in those instances where the context clearly indicates a different meaning:
BOROUGH
The Borough of Athens.
HAZARD TREE/BRANCHES
Includes any dead, diseased, broken or mutilated branches or parts of trees which are in a state of decomposition and pose a threat to public safety.
LARGE TREES
Those attaining a height of 45 feet or more at maturity.
MEDIUM TREES
Those attaining a height of 30 feet to 45 feet at maturity.
PERMIT
The written approval from the Commission that is required before any person shall plant, prune, sever roots or remove any shade tree.
PERSON
Any individual, firm, partnership, association, corporation, company or organization of any kind.
PERSONAL TREES
Those trees on private property outside of the public right-of-way.
PUBLIC RIGHT-OF-WAY
The area designated as the public right-of-way for passage of vehicular and pedestrian traffic from sidewalk to sidewalk.
REGULATIONS AND STANDARDS OF TREE WORK (planting, maintenance and remove any shade tree)
The work standards developed by the Shade Tree Commission that are required before any person shall plant, prune, sever roots or remove any shade tree.
SHADE TREE
Any planted tree located within the right-of-way or tree lawns of the public streets and highways of the Borough or on public land.
SHADE TREE COMMISSION
The body that has jurisdiction over all shade trees.
SMALL TREES
Those attaining a height of 20 feet to 30 feet at maturity.
STREET or HIGHWAY
The entire width of every municipal way or right-of-way when any part thereof is open to the use of the public, as a matter of right, for purposes of vehicular and pedestrian traffic.
SUBSTANTIAL INJURY
The injury/damage that endangers the continued life of any tree.
TREE
A large perennial patent with one main trunk and many branches.
TREE EXPERT
An expert in forestry from the Penn State University Extension Service and/or the Pennsylvania Department of Forestry.
TREE LAWN
That part of the street or highway right-of-way adjacent to developed property, not covered by sidewalk or paving, lying between the sidewalk and that portion of the street or highway used for vehicular traffic.
TREE REMOVAL CONTRACTOR
A permitted contractor under the Borough's Contractor Ordinance[1] who maintains the proper insurance and operates the necessary equipment to remove trees.
TREE TOPPING
The indiscriminate removal of a tree's crown, cutting off large branches and the main stem of the tree, leaving large branch stubs (also known as "heading back"). These stubs often die back, are vulnerable to decay and result in a profusion of unsightly and weakly attached adventitious branches. Topping also results in sunscald of the upper branches due to the sudden removal of the leaves and branches above.
[1]
Editor's Note: See Ch. 194, Contractors.
A Shade Tree Commission is established pursuant to 8 Pa.C.S.A. § 2722.
A. 
There shall be created a Commission to be known and designated as the "Shade Tree Commission." The Commission shall consist of five members, all of whom shall be residents of the Borough. All will serve without compensation.
[Amended 12-15-2003 by Ord. No. 586, approved 12-15-2003]
B. 
One member shall serve for one year, one member shall serve for two years, one number shall serve for three years, one member shall serve for four years and one member shall serve for five years.
[Amended 12-15-2003 by Ord. No. 586, approved 12-15-2003; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C. 
On the expiration of the term of any Commissioner, a successor shall be appointed by the Borough to serve for a term of five years.
D. 
Vacancies in the office of Commissioner shall be filled by the Borough for the unexpired term.
The Shade Tree Commission's duties are established pursuant to 8 Pa.C.S.A. § 2724.1. The duties of the Shade Tree Commission shall be as follows:
A. 
General powers.
(1) 
The Commission shall have exclusive custody and control of the shade trees in the Borough and is authorized to plant, remove, maintain and protect shade trees on the streets and highways in the Borough. The Commission shall exercise all the rights and perform all of the duties and obligations of a Shade Tree Commission as imposed by the Borough Code (8 Pa.C.S.A. § 2720 et seq.).
(2) 
Specific duties include, but are not limited to:
(a) 
Studying the problems and determine the needs of the Borough of Athens, County of Bradford, and Commonwealth or Pennsylvania, in connection with its tree planting program.
(b) 
Recommending to the proper authority the type and kind of trees to be planted upon such municipal streets or parts of municipal streets, parks or public places as is designated.
(c) 
Assisting the properly constituted officials of the Borough of Athens, County of Bradford, and Commonwealth of Pennsylvania, as well as the municipal governing body and kind citizens of the Borough, in the dissemination of news and information regarding the selection, planting and maintenance of trees within the corporate limits, whether the same be on private or public property, and to make such recommendations from time to time to the municipal governing body as the desirable legislation concerning the tree program and activities for the Borough.
(d) 
Adopting regulations governing the planting, maintenance and removal of all shade trees under the jurisdiction of the Shade Tree Commission. No such regulation shall be enforced until it has been approved by Council and enacted as an ordinance, pursuant to 8 Pa.C.S.A. § 2720.
(e) 
Providing regular and special meetings at which the subject of trees insofar as it relates to the Borough may be discussed by the members of the Commission, offices and personnel of the Borough and its several divisions, and all others interested in the tree program.
(f) 
The Commission shall annually report in full to the Council its transactions and expenses for the last fiscal year of the Borough, pursuant to 8 Pa.C.S.A. § 2724.1.
A. 
Within a reasonable time after the appointment of said Commission by the municipal governing body, said Commission shall meet and organize by the election of a Chairperson. The Commission shall then provide for the adoption of rules and procedures and for the holding of regular and special meetings as said Commission shall deem advisable and necessary in order to perform the duties set forth.
B. 
Responsibilities of owner(s) removing trees, plants and shrubs.
(1) 
Any person, firm or corporation removing a shade tree must have permission, in writing, from the Shade Tree Commission.
(2) 
The cost of removing the shade trees in and along the streets and highways in the Borough of Athens, the cost of the necessary and suitable guards, curbing or grading for the protection thereof and the replacing of any pavement or sidewalk necessarily disturbed in the execution of such work shall be paid by the owner of the real estate abutting where the work is done, pursuant to 8 Pa.C.S.A. § 2720.2.
(3) 
Upon the filing of the certificate with the Council, the Borough Secretary shall cause 30 days' written notice to be given to every person against whose property an assessment has been made. The notice shall state the amount of the assessment and the time and place of payment and shall be accompanied with a copy of the certificate. The amount assessed against the real estate shall be a lien from the time of the filing of the certificate with the Council, and, if not paid within the time designated in the notice, a claim may be filed and collected by the Borough Solicitor in the same manner as municipal claims, pursuant to 8 Pa.C.S.A. § 2720.2.
(4) 
Any person, firm or corporation removing or causing to have removed any shade trees within the right-of-way in and along the streets and highways in the Borough of Athens shall be required to first obtain a contractor's permit from the Code Enforcement Officer, prior to any removal.
(5) 
Any person, firm or corporation removing or causing to have removed any trees within the height of the trees distance to any structure in the Borough of Athens shall be required to first obtain a contractor's permit from the Code Enforcement Officer, prior to any removal.
(6) 
Any person, firm or corporation removing or causing to have removed any shade trees within the right-of-way in and along the streets and highways in the Borough of Athens shall be required to utilize a tree removal contractor or present evidence of liability insurance to the Code Enforcement Officer in an amount equal to the liability insurance required for a contractor.
C. 
Notice of meeting committee. Whenever any Shade Tree Commission proposes to plant, transplant or remove shade trees on any street, notice of the time and place of the meeting at which such work is to be considered shall be given by publishing such fact in a newspaper of general circulation within Athens Borough once a week for two weeks immediately preceding the time of the meeting. Such notice, as published, shall specify in detail the streets or portions of which trees are proposed to be so planted, replanted or removed, pursuant to 8 Pa.C.S.A. § 2720.3.
D. 
Requirement to plant and replant. The Borough may, by ordinance, upon the petition of a majority of the property owners upon any public street thereof, require the planting and replanting of suitable shade trees along and upon the sides of such streets, upon such alignment and at such points as may be designated by such ordinance, by the owners of property abutting the street at the points designated. This section shall not authorize any Borough to require the planting or replanting of trees at any point which may interfere with the necessary or reasonable use of any street or abutting property or unreasonably interfere with any business conducted thereon, pursuant to 8 Pa.C.S.A. § 2720.
E. 
Power of Borough where owners fail to comply. On failure of any owner, after reasonable notice, to comply with the terms of any such ordinance, the Borough may cause such trees to be planted or replanted at the expense of the Borough, and thereupon, in the name of the Borough, collect the cost of such work from the owners in default, as debts of like amount are by law collectible, pursuant to 8 Pa.C.S.A. § 2720.2.
F. 
Removal of diseased plants, shrubs and trees. The Commission may upon such notice as may be provided by ordinance require owners of property to cut and remove plants, shrubs and trees afflicted with the Dutch Elm or other disease which threatens to injure or destroy plants, shrubs and shade trees in the Borough under regulations prescribed by ordinance. Upon failure of any such owner to comply with such notice, the Borough may cause the work to be done by the Borough, to 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 Borough Engineer and shall be filed with the Borough Secretary. Any such lien may be collected by action in assumpsit or by lien filed in the manner provided by law for the filing and collection of municipal claims, pursuant to 8 Pa.C.S.A. § 2720.2.
G. 
Duty of owner to keep trees trimmed. All shade trees, planted prior to the enactment of this chapter, shall be kept trimmed by the owner of the property upon which they are located:
(1) 
So as not to interfere with the proper lighting of public highways by the streetlights.
(2) 
So that the minimum clearance of any public highway of any overhanging portion thereof shall be not less than 18 feet.
[Amended 1-28-2008 by Ord. No. 613, approved 1-28-2008]
(3) 
As required under Chapter 540, Zoning Ordinance, a clear-sight triangle of 30 feet, measured along the street lines of intersecting streets, shall be maintained within which such plantings shall be limited to a height of not more than 30 inches or less than 10 feet above the street grade, except the trunks of shade trees or other ornamental trees whose foliage is kept trimmed to a height of more than 10 feet above street grade.
(4) 
So that the minimum clearance of any public sidewalk of any overhanging portion thereof shall not be less than 10 feet.
(5) 
All pruning of shade trees within the Borough of Athens shall conform to ANSI-A300-1995 pruning standards, Tree, Shrub and other Woody Plant Maintenance Standard Practices. All work must also conform to the latest revision of the American National Standards Institute ANSI Z133-1 (Safety Requirements for Pruning, Trimming, Repairing, Maintenance, Removing Trees and for Cutting Brush). A copy of both standards, ANSI-A300-1995 and ANSI Z133-1, is on file in the Borough Hall.
(6) 
Attached hereto and marked Exhibit A is a copy of pruning suggestions.[1]
[1]
Editor's Note: Exhibit A is included as an attachment to this chapter.
H. 
Pruning of shade trees.
(1) 
If any property owner shall neglect or refuse to trim any shade tree planted prior to the enactment of this chapter, as required by this section, upon notice in writing by the Shade Tree Commission or its designee, within 30 days specified in such notice, the Shade Tree Commission or its designee may cause such trimming to be done at the expense of the owner, the entire costs thereof shall be a lien upon said premises, and a claim thereof shall be filed and collected by the Borough Solicitor, in the manner as municipal claims are filed and collected. In addition, the Borough may include attorney fees under ordinance, if the collection requires the legal services of the Borough Solicitor.
(2) 
It shall be the responsibility of the property owner to remove or cause to have removed all of the material created by the pruning of any shade tree, and, in the event of the complete removal of the tree, the owner shall remove or cause to have the stump removed.
I. 
Removal of potential hazards.
(1) 
The Shade Tree Commission or its designee may require any property owner or owners to cut and remove any shade tree or bush which is, in whole or part, dead or dying and thereby constituting a potential hazard or obstruction to the public use of highways and sidewalks within the Borough of Athens.
(2) 
The Shade Tree Commission or its designee shall cause written notice to be delivered to the owner of the premises requiring that the same be cut and removed within 30 days of the date of such notice.
(3) 
If any property owner shall neglect or refuse to cut and remove any such tree or shrub so designated in such notice within the time stated in such notice, the Shade Tree Commission or its designee may cause such cutting and removing to be done by the owner of the property. The cost of such work shall be a lien upon the premises from the time of commencement of the work, which date shall be fixed by the Shade Tree Commission or its designee. Any such lien may be collected by an action in assumpsit or by lien, filed in the manner provided by law for the filing and collection of municipal claims. In addition, the Borough may include attorney fees under ordinance, if the collection requires the legal services of the Borough Solicitor.
(4) 
The property owner and/or his or her contractor shall be required to follow traffic control/safety measures during the removal of trees as per PennDOT specifications.
(5) 
In the interest of public safety and welfare, any property owner(s) who is removing trees, large limbs or portions thereof must notify the Borough of Athens when said tree work is in the public right-of-way or creates a risk thereof.
A. 
No tree shall be planted closer than 25 feet of any street corner, measured from the point of nearest intersection, curbs or roadway or berm or sidewalk. No tree shall be planted closer than 10 feet of any fire hydrant. 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 streetlamp or obstruct the view of any street intersection so that there shall be a clear space of 10 feet above the surface of the street or sidewalk and 18 feet overhanging a street. 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 Borough shall have the right to prune any tree when it interferes with the proper spread of light along the street from a streetlight or interferes with visibility of any traffic control device or sign. In the event that the property owner neglects or refuses to maintain trees at the prescribed level within the time specified as notified in writing, the Borough may perform such work at the owner's expense, in accordance with good arboricultural standards outlined in the regulations and standards of tree work.
B. 
Utilities. All trees planted under overhead primary electric utility lines shall be a species that does not obstruct the wires. They shall be trees that mature at a height of 20 feet to 30 feet and shall be specified by the Commission.
C. 
The Shade Tree Commission recommends the list of trees set forth in Exhibit B for planting in the Borough.[1]
[1]
Editor's Note: Exhibit B is included as an attachment to this chapter.
A. 
The following activities shall be prohibited in the Borough:
(1) 
To plant, cut down, top or cause to be planted, cut down or topped any shade tree within the Borough without a permit issued by the Commission (utility pruning or storm-damaged trees are not exempt from pruning in accordance with ANSI-A300 National Pruning Standards outlining proper crown reduction). All pruning of shade trees within the Borough of Athens shall conform to ANSI-A300-1995 pruning standards, Tree, Shrub and other Woody Plant Maintenance Standard Practices. All work must also conform to the latest revision of the American National Standards Institute ANSI Z133-1 (Safety Requirements for Pruning, Trimming, Repairing, Maintenance, Removing Trees and for Cutting Brush). A copy of both standards, ANSI-A300-1995 and ANSI Z133-1, is on file in the Borough Hall.
(2) 
To plant, cut down, prune or cause to be planted, cut down or pruned any shade tree in the Borough without performing all work in accordance with the regulations and standards of work that are established by the Commission. Failure to abide by the regulations and standards of work shall cause the revocation of permits and penalties will be levied.
(3) 
To plant or cause to be planted any tree within the right-of-way of Borough streets except in accordance with spacing requirements set forth by the Commission. These spacing requirements establish required distances from other trees, street intersections, fire hydrants, curbs, sidewalks, underground water, sewer or other utilities.
(4) 
Cause or authorize in any public area any oil, gasoline, herbicide, paint, brine, hot water, steam or other gas, liquid or solid substance deleterious to the tree to contact any shade tree or to enter the soil about the base or root system of a shade tree in any manner that may injure or kill it.
(5) 
To cut or disturb roots, to obstruct free access of air and water to the roots or to maintain fires in close proximity to shade trees or to undertake demolition or construction work without protecting or guarding nearby shade trees, where such activity is likely to cause substantial injury or destruction of a shade tree within the Borough right-of-way.
(6) 
To fasten ropes, wires, cables, electric attachments, signs or other devices to a shade tree within the Borough right-of-way.
B. 
Dead or diseased tree removal on private property. The Commission will have the right to cause the cutting and removal of any dead or diseased shade tree or personal tree on private property if the condition of the tree, through disease or otherwise, unreasonably affects or interferes with the health, safety or welfare of the public or the right of the public to the unobstructed use of public roads or property. The Commission will notify, in writing, the owners of such personal trees. Removal shall be done by said owners at their own expense within 30 days after the date of service of notice. In the event of failure of owners to comply with such provisions, the Borough shall have the authority to remove such personal trees and charge the cost of cutting and removal to the property owner, which charge shall be a lien against the property.
C. 
Removal of stumps. All stumps of shade 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 at the time of tree removal at the expense of the property owner.
A. 
Any person, or any person or firm engaging in the business or occupation of planting, treating or removing shade trees within the Borough, must first apply for a permit from the Commission or its designee. Upon approval of request by the Commission or its designee, the owner of the property shall receive a permit and information which outlines the rules and specifications for tree work within the Borough. No contractor's permit shall be issued unless the applicant files a certificate of insurance with the Borough Code Enforcement Program at the time of permit application. The certificate of insurance shall contain a provision that coverages afforded under the policy will not be canceled until at least 15 days' prior written notice of such cancellation has been given to the Borough. The certificate of insurance must show evidence, policies of insurance, maintained at the expense of the applicant, for comprehensive general liability or manufacturer's and contractor's liability, each of which must have a single occurrence and aggregate limit of at least $300,000. The contractor is also required to maintain property damage, bodily injury, products liability and completed operations insurance, each of which must have a single occurrence and aggregate limit of at least $300,000. Permits will be valid for six months. If at any time tree work takes place on shade trees without a permit or the required insurance bond, the individual or business shall be liable for any damage and will be cited for doing the work without a valid permit subject to a fine established by the Borough Council. A representative of the Borough may be empowered to issue a permit in an emergency situation.
B. 
A permit for the removal of a shade tree, dead or diseased tree, and/or removal of a stump shall be charged in accordance with the project permit fee schedule approved by resolution by the Borough to cover the administrative and enforcement of the Shade Tree Ordinance.
[Added 4-15-2002 by Ord. No. 571, approved 4-15-2002]
The Borough Council shall have the right to review the conduct, acts and decisions of the Commission. Any person may appeal from any ruling or order of the Commission to the Borough Council, which may hear the matter and make the final decision.
A. 
Any person violating any of the provisions of this chapter shall, upon being found liable therefor, pay a fine of not more than $600, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. If the penalty is not paid, the Borough shall initiate a civil action for collection in accordance with the Pennsylvania Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this chapter in equity in the Court of Common Pleas of Bradford County.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
Any person violating any provision of this chapter or its regulations shall be, upon conviction or plea of guilty, subject to a fine not more than the cost of replacement trees plus court costs and reasonable attorney fees incurred by the Borough in the enforcement proceeding.
C. 
The Commission, to the extent as may be provided by ordinance of the Borough, may assess penalties for the violation of its regulations and of this chapter so far as it relates to shade trees. Any penalty so assessed shall be a list upon the real estate of the offender and may be collected as municipal claims are collected.
D. 
All penalties or assessments imposed under this chapter shall be paid to the Borough Treasurer, to be placed to the credit of the Commission, subject to be drawn upon by the Commission for the purposes of the preceding sections of this section of this chapter, pursuant to 8 Pa.C.S.A. § 2720.4.