[HISTORY: Adopted by the Mayor and Council of the Borough
of Swoyersville 12-16-1972 by Ord.
No. 21-1972. Amendments noted where applicable.]
A.
COUNCIL
MAYOR
PERMIT
PERSON
PUBLIC HIGHWAY
SHADE TREE
The following words, terms and phrases, when used in this article,
shall have the meanings hereby ascribed to them except in those instances
where the context clearly indicates a different meaning:
The Borough Council of the Borough of Swoyersville.
The Mayor of the Borough of Swoyersville.
Any permit in writing as issued by the Mayor.
Any natural person, firm, association, partnership or corporation.
Any street, sidewalk or alley open to the public.
Any tree, shrub or other woody plant on any public highway
in the Borough of Swoyersville, or that part of any tree, shrub or
other woody plant which extends within the lines of any public highway.
B.
In this article, the singular shall include the plural, and the masculine
shall include the feminine.
The Council shall have exclusive custody and control of the
shade trees in the Borough of Swoyersville and is authorized to plant,
maintain and protect shade trees on the public highways in the Borough.
The application for any permit required hereunder shall be made
in writing to the Mayor. It shall specify the particular kind of work
or operation the applicant desires to perform thereunder and shall
state the exact location and the species of any tree affected. It
shall be the duty of the Mayor to submit every such application promptly
to the Council for approval or disapproval. The permit shall be effective
for such length of time as the Council shall in each case determine,
and such time shall be indicated on the permit. Any such permit may
be revoked at any time upon proof satisfactory to the Council that
any of the terms or conditions upon which such permit was issued are
or have been violated. The Council in its discretion may, as a condition
precedent to the issuance of the permit, require the applicant to
file a bond satisfactory to the Council, or to deposit security satisfactory
to it, to guarantee the compliance by the applicant with the terms
and conditions upon which such permit is issued.
No person shall plant any shade tree on the public highways
in the Borough of Swoyersville until such permit therefor is granted,
such permit to designate where such tree is to be planted. The Council
may refuse a permit to plant any species of tree which in its opinion
is not suited to the location.
All shade trees planted in or along any of the public highways
in the Borough of Swoyersville shall be set so as to form as nearly
as possible a straight and uniform line with the other shade trees
growing upon the same highway. Said trees shall be planted or set
from 25 to 30 feet apart, where practicable, and shall be sound, straight
and symmetrical. Every such tree shall be planted in a pit three feet
square, filled with good topsoil or otherwise enriched, and shall
have an open space of ground outside the trunk of said tree with an
area, where practicable, of not less than four feet square for the
free entrance of water and air to the roots thereof.
A.
All shade trees shall be kept trimmed by the owner of the property
on or in front of 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 sidewalk of any overhanging
portion thereof shall be 10 feet.
(3)
So that the minimum clearance of any street or alley thereof shall
be 14 feet, provided that when the Council shall formally declare
it to be expedient so to do because of heavy traffic or other conditions,
a higher clearance on any public highway may be designated.
B.
If any property owner shall neglect or refuse to trim any shade tree
as required by this section, upon notice in writing by the Council,
within the time limit specified in such notice, the Council may cause
such trimming to be done at the expense of such owner, and the entire
cost thereof shall be a lien upon such premises from the time of the
commencement of the work, which date shall be fixed by the Street
Commissioner and 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 liens.
No person shall, without first obtaining a permit therefor,
cut, break, climb with spurs, injure in any manner or remove any shade
tree; or cut down or interfere in any way with the main roots of any
shade tree; or spray any shade tree with any chemical or insecticide;
or place any rope, guy wire, cable, sign, poster or any other fixture
on any shade tree or guard for any shade tree; or injure, misuse or
remove any device placed to protect any shade tree, except in case
of immediate necessity for the protection of life and property.
No person shall, without first obtaining a permit, place or
hereafter maintain any stone, cement or any other substance which
shall impede the passage of water and air to the roots of any shade
tree, unless such person shall have an open space of ground surrounding
the trunk of such tree, such space to be not less than four square
feet.
In connection with any building operation or the performance
of any work whatsoever in the Borough in the vicinity of any shade
tree, before any work shall be commenced, guards shall be placed at
all shade trees which might be affected by such work so as to effectively
prevent injury to them.
No person shall pour salt water, oil or any other material at
any place in such a manner that injury might result to any shade tree.
Any person who shall violate or fail to comply with any of the
provisions of this article shall, upon summary conviction thereof,
be subject to a fine of not more than $25 and costs of prosecution
for each and every violation or failure to comply, or imprisonment
in the Luzerne County Prison for not more than 10 days.
