[Adopted 5-8-2006 by Ord. No. 1288[1] (Ch. 69, Art. I, of the 1966 Code)]
[1]
Editor's Note: This ordinance also superseded former Ch. 69, Art. I, of the 1966 Code, Shade Tree Commission, adopted 4-17-1956 by Ord. No. 727, as amended.
As used in this article, the following terms shall have the meanings indicated:
BOROUGH
The Borough of Clearfield.
COMMISSION
Clearfield Shade Tree Commission.
COUNCIL
Clearfield Borough Council.
SHADE TREE
Any tree, shrub, or other woody plant.
There is hereby created a Borough Shade Tree Commission which shall be known as the "Borough Shade Tree Commission," hereinafter called the "Commission."
A. 
The Commission shall be composed of three persons, all of whom shall be residents of or be employed in the Borough. The Commission members shall serve without compensation for terms of three years and shall be appointed by the Borough Council. At its inception, the initial members of the Commission shall be appointed to terms of one year, two years and three years, respectively, such that once the Commission is fully established, a vacancy will exist each year, requiring Clearfield Borough Council to appoint a member to the Commission each year.
B. 
In addition, the Commission may include up to four nonvoting associate members. Associate members are not required to be Borough residents or be employed within the Borough, but are subject to approval by Borough Council.
The Commission shall meet at least twice a year, and the members shall report annually in June and December to the members of Clearfield Borough Council at a regularly scheduled Council meeting. Nothing in this section shall preclude the members of the Commission from meeting at such other times as are deemed appropriate by the members. Members of the Commission may at any time advise the Council as to matters which are deemed by the Commission to need action or consideration by Council or any other employees under the control of the Council, to include, but not be limited to, the Code Enforcement Officer and the Solicitor.
A. 
The Commission may recommend to the Council that Clearfield Borough prohibit any activity which injures shade trees in and upon Borough lands, roads and rights-of-way.
B. 
The Commission may recommend to Council that the Borough obtain additional landscape easements on selected properties adjoining Borough property or existing easements in order to place trees according to guidelines of the Commission established tree management plan.
C. 
The Commission may recommend to the Council that the Borough disseminate information to the public and those licensed with the Borough as tree service professionals relative to the care and control of trees and the planting of the same.
D. 
The Commission may make recommendations to the Council as to any other aspects concerning the growth of vegetation or trees, shrubbery or such other items as the Commission deems appropriate and is not solely limited in the recommendations to be made to Council by those items set forth in Subsections A through C above.
No tree shall be planted less than:
A. 
Thirty feet from any street corner as measured from the point of the nearest intersecting curbs or curblines.
B. 
Ten feet from any driveway as measured from the edge of the driveway.
C. 
Ten feet from any utility pole.
D. 
Fifteen feet from any fire hydrant.
The owner of the property upon which any shade tree is growing shall keep the tree pruned at least 14 feet above any public street or alley, and 10 feet above any sidewalk. A higher clearance may be designated for the following (but not limited to):
A. 
Traffic or other conditions.
B. 
Proper illumination of public streets, alleys or sidewalks.
A. 
No person, firm, association or corporation shall, without first obtaining a permit, cut, remove, break or plant any shade tree along any public street, alley or sidewalk of the Borough. Only when imminent danger exists to life or property may a person immediately trim or remove a tree. No other work may be done without obtaining a permit from the Borough Code Enforcement Officer on the first working day after the emergency work. Permit application shall be made by the property owner, or his or her agent, at the Borough office. Permits will be valid for a period of one year. Permits will be reviewed within 30 calendar days of application. The permit fee shall be set by resolution of Borough Council.
B. 
All work practices and standards of work shall be set forth under Supplemental Ordinance Specifications and Standards which are attached hereto and incorporated herein by reference.[1] The work performed under a permit shall be in accordance with the Specifications and Standards which are attached hereto and incorporated herein by reference. Permits must be prominently displayed near the tree prior to doing any work.
[1]
Editor's Note: The Supplemental Ordinance Specifications and Standards are included as an attachment to this chapter.
A. 
License required. Any person who engages in the tree service business within the corporate limits of the Borough shall first obtain a Borough business license.
B. 
License requirement: insurance coverage. Any applicant for a tree service business license shall provide at the time of application a certificate of insurance showing insurance coverage for general liability, automobile liability, worker's compensation, and other coverage required by law in minimum amounts set by the Borough.
C. 
License fee. Fees shall be established by resolution of the Borough of Clearfield Borough Council.
D. 
Display license. The licensee shall display the license to any of its customers or Borough officials upon demand.
E. 
Exemption from license requirement. No business license shall be required of any public utility service company, its agents, or private permit holders.
A. 
All work practices and standards of work shall be set forth under the Ordinance Specifications and Standards[1] which are attached hereto and incorporated herein by reference.
[1]
Editor's Note: The Supplemental Ordinance Specifications and Standards are included as an attachment to this chapter.
B. 
Prior to engaging in any work a licensee shall apply for a permit to do any work on any tree or shrub which is located in any public area. The permit application shall be filed with the Borough Code Enforcement Officer on a form provided by the Commission. Permits must be prominently displayed near the tree prior to and during any work.
The Code Enforcement Officer, or approved designee may order any tree work, or other activity which is carried on in violation of any tree permit or any provision of this article to be stopped forthwith. The order shall be issued in writing and a copy served upon any person engaged in tree work upon the subject lot. If no such person is present upon the lot, the order shall be served upon the applicant; but if no permit has been issued to such lot, then the order shall be served upon the owner of the lot. Thereafter, except for such work as is necessary to remedy the violation, any further work shall comply with the terms and conditions of any permit and the provisions of this article and the Ordinance Specifications and Standards.
Should any property owner neglect or refuse to prune, remove or plant any shade tree upon notice in writing, within 30 calendar days of the issuance of the notice, the Borough may do or cause such work to be done at the expense of the owner, and the costs thereof, together with costs of prosecution, enforcement and an additional penalty of 20% for administration shall be collected by the Borough. If the same is not paid within 30 calendar days, the Borough Solicitor shall file a municipal lien and claim against said property owner. All judgments, costs, and reasonable attorney fees collected for violating this article shall be paid to Clearfield Borough.
The enforcement of this article shall be within the control of the Borough Code Enforcement Officer, the Borough Solicitor and/or the Borough Police Department.
Any person, partnership, corporation, trust or other entity who or which fails to comply with or violates any of the provisions of this article or directive issued thereunder or who takes part in or aids or abets or assists in any way in such violation, whether through action, inaction, negligence or otherwise, shall be liable, upon conviction for each offense in a summary proceeding before the Magisterial District Judge, to pay a fine or penalty to the Borough in an amount of not less than $100 nor more than $1,000, in addition to administrative fees, as well as such additional sum by way of restitution for the violation in such amount as is determined by the Magisterial District Judge as is necessary to repair, replace, correct or otherwise restore the loss which has occurred. Each day on which any violation of this article continues shall constitute a separate offense.
A. 
A separate Shade Tree Commission account shall be established to include, but not limited to:
(1) 
Annual monies budgeted by Borough Council.
(2) 
Grants and contributions.
(3) 
Permit fees.
(4) 
Fines and costs collected.
B. 
The Commission is authorized to seek outside funding for Commission projects.
C. 
A Borough Tree Program shall provide that whenever a bond issue is passed for the purpose of replacing and/or widening any Borough street, that there be included within such bond issue sufficient funds to replace any trees destroyed or damaged in the course of making the improvement.
D. 
Authorization to receive funds and to establish trust fund.
(1) 
The Commission may act as trustee for any property, assets or funds donated to the Borough for the care and maintenance of public trees, provided the donor designates or provides for the designation of the Tree Commission as such trustee.
(2) 
A presently established trust fund account, within the various funds of the Borough, known as the "Borough of Clearfield Shade Tree Fund Special Account" shall be utilized for receiving bond moneys, grant moneys, damages and donations.
E. 
The Commission is authorized to receive contributions from private agencies, organizations and individuals, in addition to any funds that may be appropriated for its use by Borough Council.
(1) 
Management of Trust Fund.
(a) 
Any sums deposited with the Commission pursuant to this section shall be placed in an interest-bearing account and such funds shall be used only for the purposes expressed therein.
(b) 
All moneys deposited hereunder shall be deposited in the Trust, which shall be a separate account established and maintained apart from the general revenue fund and account of the Borough.
(c) 
The Commission may accept and disburse such contributions for special purposes or projects, subject to any specified conditions that it deems acceptable.
(2) 
Termination of fund for gifts and other funds. The trust shall be self-perpetuating from year to year unless specifically terminated by the Commission or Borough Council. Remaining funds will be spent according to the preceding rules.
A. 
Any person, partnership, corporation, trust or other entity affected by any such order issued under this article or its provisions shall have the right of appeal to the Board of Appeals. Such appeals shall be made in writing within 15 calendar days from the service of the notice of the Borough Code Enforcement Officer, the Borough Solicitor, or the Borough Police Department.
B. 
The Board of Appeals shall, upon review of the written appeal, affirm, modify or revoke the order and deliver notice thereof to the person appealing within 15 calendar days from the filing of the appeal, together with a date for compliance with the order as affirmed or modified.
Should any section, part or provision of this article be declared by appropriate authority to be unlawful or unconstitutional, all other terms, conditions, provisions and parts hereof, and of any Code of which this article may be or may be considered to be part, shall continue in full force and effect as if the provision declared to be unlawful or unconstitutional had been omitted as of the date of final enactment hereof.
Any preexisting ordinance or parts of Borough ordinances in conflict with this article shall be, and hereby are, repealed.
This article is hereby declared to be of immediate necessity for the preservation of public peace, health, and safety, and shall be in full force and effect from and after its passage and publication as provided by law.