[Ord. No. 1035, 12/9/2009; as amended by Ord. No. 1088, 11/10/2021]
As used in this Subpart 4C, the following terms shall have the
meanings indicated:
The Borough of Aspinwall.
The Council of the Borough of Aspinwall.
The Manager of the Borough of Aspinwall or his/her designee.
The Shade Tree Commission of the Borough of Aspinwall.
Voting and alternate members of the Commission.
A tree determined by the Commission, with or without the
advice and assistance of a qualified arborist, to constitute a threat
to the health and/or structure of other trees and/or a risk to property
damage or personal injury.
A tree or trees specifically identified and considered worthy of preservation by the Borough due to the size, age, species, historic significance, ecological value, or other unique characteristics, as provided for in § 1-430.
Any tree that will be or is being planted by the Borough
in a public right-of-way, park, easement or other public area, other
than a replacement tree.
Written notification sent by first-class mail or electronic
mail, when the latter is available, to the property owners immediately
affected, or notification posted on the affected tree.
Any permit, in writing, as issued by the Borough Manager
and/or the Commission.
Any individual, firm, partnership, association, corporation,
company or organization of any kind, and includes the plural of each.
A tree whose main trunk is entirely on private property and
whose trunk, or any portion thereof, does not lie within any Borough
rights-of-way.
Any tree whose main trunk, or portion thereof, is located
in a public right-of-way, park, easement, or other Borough property.
A tree planted in a location formerly occupied by, or directly
adjacent to the site of, a former tree.
The area of any public street, road, highway, or other publicly
held thoroughfare within the corporate limits of the Borough which
has been designated by law as a public right-of-way.
[Ord. No. 1035, 12/9/2009; as amended by Ord. No. 1088, 11/10/2021]
1.
The Borough Shade Tree Commission shall consist of five voting members
and two alternate members, each of whom will be appointed by Borough
Council upon the recommendation of the currently serving Commissioners.
All Commissioners, both voting and alternate, shall reside within
the Borough. Each Commissioner, voting and alternate, shall be appointed
for a term of not longer than five years commencing on January 1.
Terms of appointment will be staggered so that at least one member's
term expires every year. Currently serving Commissioners will continue
to serve until the expiration of their present terms. Vacancies in
the office of Commissioner, both voting and alternate, shall be filled
by appointment of Borough Council, as above, only for the unexpired
portion of the vacated member's term.
2.
All Commissioners, both voting and alternate, shall serve without
compensation.
3.
A quorum of the Commission shall consist of three members. Alternate
Commission members will be permitted to vote in the absence of a voting
member or if the number of voting members present at any Commission
meeting does not constitute a quorum. At no time will more than five
members present at a meeting be permitted to vote.
4.
Borough Council shall have the power to revoke, at any time and for
any reason, by a simple majority vote, the membership of any voting
or alternate member of the Commission. Following any such revocation,
Borough Council is empowered to appoint a new Commissioner (voting
or alternate) in the revoked member's stead, whose term of office
will continue for the duration of the revoked member's current
term.
5.
The Commission shall annually elect from among its five voting members
a Chairperson and a Vice Chairperson to serve a one-year-long term
beginning in January of each calendar year.
6.
The Commissioners shall meet bi-monthly (at a minimum) and maintain
minutes of their meetings. Copies of the Commission's minutes
shall be delivered in a timely manner to the Borough Manager and to
the Chairperson of Borough Council's Environmental Services Committee
and shall be posted online to the Borough's website.
7.
The Chairperson of Borough Council's Environmental Services
Committee shall serve ex officio as a nonvoting member of the Commission
and shall act as liaison between the Commission and Borough Council.
[Ord. No. 1035, 12/9/2009; as amended by Ord. No. 1088, 11/10/2021]
1.
The Commission shall have the exclusive care, custody, and control
of the public trees in the Borough and may plant, transplant, remove,
trim, prune, maintain and protect public trees located within the
Borough's parks, Borough rights-of-way, or other Borough property.
2.
The Commission, by virtue of this Subpart 4C, is directed and empowered
to formulate and promulgate a long-term plan within the Borough, including
the planting, transplanting, maintenance and removal of such public
trees.
3.
The Commission is empowered, as part of its long-term plan, to maintain
and restore the tree canopy in the Borough and to plant new and replacement
trees within the Borough's public rights-of-way, parks and other
Borough property.
4.
The Commission shall formulate reasonable rules, standards and specifications
for the administration of its business, which proposed rules, standards
and specifications shall become effective, when lawful, upon approval
by resolution of Borough Council.
5.
The Commission will, at least once each calendar year, identify and
designate public trees in the Borough that will be trimmed, pruned
or removed at the Borough's expense. The Commission may also
periodically specify and arrange for new-tree and replacement-tree
plantings, to be planted at the Borough's expense at various
times throughout the year.
6.
The Commission is authorized to designate certain public trees as
"heritage trees," on account of their age, beauty, contribution to
the Borough's tree canopy and/or other desirable attributes and
may promulgate rules and regulations designed to maintain, protect
and preserve such designated trees as outlined in this Part.
[Ord. No. 1035, 12/9/2009; as amended by Ord. No. 1088, 11/10/2021]
1.
Without receiving prior written permission from the Commission, no
person, firm or corporation shall plant, prune, trim, or remove any
public tree in the Borough. Any planting, trimming, or removals permitted
by the Commission must be completed under the direction of the Borough
Manager or of the Borough's agents, servants and/or employees.
2.
Unless otherwise authorized in writing by the Borough Manager or
the Commission, no person, firm or corporation shall interfere with
the Commission's care and maintenance of public trees by causing
any damage to any public tree. Activities which may be deemed to have
caused such damage include topping, pruning, trimming, bolting, spraying,
bracing, painting, or hanging, placing, or affixing posters or other
fixtures upon any public tree, excepting the temporary hanging of
holiday decorations, in addition to any action causing interference
with the main root system of any public tree, the removal of any device
intended to protect a public tree, or the removal of a public tree.
[Ord. No. 1035, 12/9/2009; as amended by Ord. No. 1088, 11/10/2021]
1.
The Commission may determine that certain private trees within the
Borough have created a hazardous condition, including any such private
trees, shrubs or evergreens within or overhanging the limits of any
public right-of-way, street, park, playground, or other Borough property,
or those which are, or threaten to become, a public nuisance or which
pose a danger to children, traffic, parked vehicles, or the public.
Upon receipt of a complaint from the Commission, concerning a private
tree that is reportedly creating such a hazardous condition, the Borough
Manager shall issue written notice by certified mail, return receipt
requested, to the record owner of the property requiring the removal,
pruning, trimming or treatment of the infected tree within 30 days.
Upon failure of the property owner to comply with the instructions
contained in the aforesaid notice, the Borough Manager shall be authorized
to declare the tree or other vegetation a nuisance and to order the
removal, pruning, trimming or abatement of the tree or any part thereof.
The cost of any such Borough-ordered removal, pruning, trimming or
abatement of said private tree (or any part thereof) shall be charged
to the owner of the property on which the private tree stands or stood,
and may be assessed against the property and collected as municipal
claims are collected.
2.
If, in the judgment of the Commission, any private tree within the
Borough is suspected of being infected by pests, such as emerald ash
borer or other nuisance-type pests, or has the appearance of being
infected by Dutch elm disease, elm yellows disease, oak wilt or any
other infectious disease, the Commission shall, at the Borough's
expense, engage a certified arborist to inspect said private tree.
The Borough's certified arborist shall be authorized to enter
upon private property for the purpose of completing such inspection
only with express written permission of the property owner or upon
receipt of an administrative search warrant issued by a competent
authority. If upon such inspection any tree is found to harbor any
such pest or infectious disease, as described above, the Borough Manager
shall issue written notice by certified mail, return receipt requested,
to the record owner of the property requiring the removal, pruning,
trimming or treatment of the infected tree within 30 days. Upon failure
of the property owner to comply with the instructions contained in
the aforesaid notice, the Borough Manager shall be authorized to declare
the infected tree, or any part thereof, to be a nuisance and to order
the removal, pruning, trimming, treatment, or abatement of the tree
or any part thereof. The cost of any such Borough-ordered removal,
pruning, trimming, treatment, or abatement of said private tree (or
any part thereof) shall be charged to the owner of the property on
which the private tree stands or stood, and may be assessed against
the property and collected as municipal claims are collected.
[Ord. No. 1035, 12/9/2009; as amended by Ord. No. 1088, 11/10/2021]
1.
The Borough Manager, at the request of the Commission, shall arrange
the publication and/or transmittal of notices regarding any upcoming
planting, transplanting, or removal of public trees. All notices involving
the upcoming planting, transplanting, or removal of any public tree
within the rights-of-way shall be published in one newspaper of general
circulation once a week for two weeks immediately preceding the time
of the meeting at which the work is to be considered. The notice shall
state the time and place of the meeting at which the work is to be
considered and shall specify in detail the streets or portions upon
which trees are proposed to be planted, transplanted or removed. Where
the Commission intends only to perform general maintenance, such as
pruning or trimming, of a public tree, it must only provide personal
notice to the record owner of any property abutting the impacted right-of-way.
Such personal notice shall be transmitted by first-class mail or electronic
mail no less than 10 days prior to the proposed commencement of work.
This section shall not apply where a public tree is removed, pruned,
or trimmed due to an emergency or other hazardous condition.
2.
In cases of emergency, or whenever the condition of any public tree
is deemed to be an imminent threat to life, health, safety and/or
property and is, for the purpose of abating said threat, pruned, trimmed
or removed on an emergency basis, the Borough Manager shall inform
the Commission, within three weeks of resolving said emergency, about
the public tree and/or trees so affected, so the Commission is promptly
made aware of any such incidents involving the Borough's public
trees.
[Ord. No. 1035, 12/9/2009; as amended by Ord. No. 1088, 11/10/2021]
Any and all directly affected property owners shall have 10
days following the approval or denial of a tree planting, removal
or trimming request by the Commission to appeal said approval or denial
to Borough Council. Borough Council shall hear the appeal and make
a determination within 60 days of receiving the appeal. Further appeal
as provided by law.
[Ord. No. 1035, 12/9/2009; as amended by Ord. No. 1088, 11/10/2021]
1.
The Commission and the Borough Manager shall strive to foster better
communication among the Borough, the Commission, and local utility
companies concerning future utility-related work that is likely to
affect the public trees within the Borough's parks, street-side
rights-of-way, or other Borough property.
2.
Prior to engaging in any actions involving or impacting any public
tree within the Borough, utility companies authorized to perform such
actions must, by law, provide 10 days' notice to the Borough
Manager that such work will occur and, upon payment of a fee established
from time to time by resolution, shall in return be granted a permit,
in a form acceptable to the Commission, which shall set forth the
location, scope, and duration of the work to be performed which may
be posted on the Borough website, or otherwise distributed to any
impacted residents as deemed necessary by the Borough Manager. Emergency
actions deemed necessary to protect the property of the utility or
the health, safety, or welfare of Borough residents shall not require
such notice or permit, however; the utility shall, within 24 hours
of conducting such work, provide notice to the Borough Manager of
the location and scope of the work performed.
3.
The Borough Manager shall timely inform the Commission of any permits
or notice provided by any utility.
[Ord. No. 1035, 12/9/2009; as amended by Ord. No. 1088, 11/10/2021]
1.
The Commission shall annually report in full to the Borough Manager
and Borough Council its transactions and expenses for the last fiscal
year of the Borough. Such report shall be made no later than April
30 in the year following the end of the most recent fiscal year.
2.
The report shall include a list of all heritage trees as maintained
by the Commission.
[Ord. No. 1035, 12/9/2009; as amended by Ord. No. 1088, 11/10/2021]
1.
The purpose of this section shall be to recognize the benefit, value
and irreplaceable nature of large trees in the Borough and to ensure
that extra measures of care and protection be taken in order to assist
in the maintenance of such trees.
2.
A list of heritage trees shall be maintained by the Commission.
3.
In determining whether a tree qualifies as a heritage tree, the Borough,
Borough Shade Tree Commission, or a professional arborist retained
by the same may consider the following factors:
A.
Size: whether the diameter at breast height ("DBH") is greater than
or equal to 31 inches. DBH shall be determined by measuring the circumference
of the main trunk of the tree at 4 1/2 feet above grade and dividing
by 3.14.
B.
Age: whether the tree is 70 years old or greater. Age shall be determined
either through historical accounts, photographs, or in association
with a structure of known age, or by approximation using the International
Society of Arboriculture ("ISA") accepted method of factoring tree
growth rate and diameter.
C.
Species: whether the tree is of a species with a strong association
to community culture, or is rare to the region, but noninvasive.
D.
Historic Significance: whether the tree has an association with notable
local or regional historical events, persons, structures, or locations,
including memorial trees.
E.
Ecological Value: whether the tree provides exceptional greenhouse
gas, water, energy, air quality or property benefits as calculated
and identified in the Tree Keeper database as a "Gold Medal Tree,"
or whether it provides such other significant ecological benefit to
the immediate area such as, but not limited to, habitat protection,
soil stabilization, or riparian plantings.
F.
Other Unique Characteristics: whether the tree has significant other
unique characteristics which sets it apart from others in the Borough
or region.
4.
Heritage Tree Designation, Registry, and Administration.
A.
The Commission shall periodically conduct a survey of heritage trees
or other large trees within the Borough for possible inclusion in
or removal from the Aspinwall Borough Heritage Tree Registry ("registry").
B.
A copy of the registry shall be provided to the Borough Manager who
shall have the Registry posted on the Borough website and made available
to the public at the Borough office.
C.
No tree may be removed from the registry absent approval by the Commission.
D.
Upon homeowner request, subject to the availability of Borough funding
and at the discretion of the Commission, the Borough may provide,
or may provide funding for, services intended to maintain the health
of heritage trees, including but not limited to assistance with pest
control, unwanted plant removal, cabling, and bracing.
5.
No heritage tree may be removed absent prior written permission by
the Commission.
6.
The Commission is authorized to recommend the disbursement of limited
public funds to aid property owners in their repair of defective and/or
potentially dangerous sidewalks and/or other hardscape damage, which
have been caused by heritage trees.
[Ord. No. 1035, 12/9/2009; as amended by Ord. No. 1088, 11/10/2021]
1.
Any person, firm, corporation or employee of any firm or corporation
who violates any provision of this Subpart 4C or otherwise injures
in any manner a public tree or trees within the Borough shall be liable
for damages and penalties as set forth below.
2.
Any person, firm, corporation or employee of any firm or corporation
who violates any of the provisions of this Subpart 4C, or who fails
to comply with any of the requirements thereof, shall, upon conviction
thereof, be punishable by a fine of not less than $100 and not more
than $1,000, plus costs of prosecution, and, in default of payment
of such fine and costs, by imprisonment for not more than 30 days
for any single violation of this Subpart, or the Borough may elect
to collect such judgments and costs by execution or any other process
as provided by law. A separate offense shall arise for each day or
portion thereof in which a violation is found to exist, for each section
of this Subpart found to have been violated, and for each public tree
damaged.
3.
Should a public tree be planted, pruned, trimmed, or removed without
the prior written permission of the Commission, the responsible person,
or the owner of the abutting property, shall pay the full cost of
removing and/or replacing the public tree together with all applicable
penalties (including penalties for damage, in case the tree is neither
removed nor replaced), which may be placed as a lien upon the real
estate of the offender and may be collected as municipal claims are
collected.
A.
Should a tree listed as a heritage tree be removed or damaged to
the point that removal is required, without the prior written permission
of the Commission, the responsible person, or the owner of the abutting
property, shall pay the full cost of replacing the heritage tree with
a replacement tree or trees deemed suitable by the Commission in terms
of species, DBH, or other factors, which may be placed as a lien upon
the real estate of the offender and may be collected as municipal
claims are collected.
4.
All fines and penalties for any violation of this Subpart shall be
paid to the Borough Treasurer to be kept in a separate fund and utilized
only for the purposes of the Commission.
5.
The Borough may commence appropriate actions in equity or other to
prevent, restrain, correct, enjoin or abate violations of this Subpart.
6.
Nothing in this section shall restrict, restrain, or inhibit the
Borough's ability to pursue any other remedies afforded it by
law.
