[Res. 7/5/1983; as amended by Ord. 781, 11/5/2012]
The following words and phrases, when used in this Part, shall
have the meaning hereby ascribed to them, except in those instances
where the context already indicates a different meaning:
The Chairman of the Ecology Committee of Council of the Borough
of Nazareth.
Any citation in writing as issued by the Chairman of the
Ecology Committee.
The Ecology Committee of the Council of the Borough of Nazareth
Any permit in writing issued by the Chairman of the Ecology
Committee.
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 Nazareth, or that part of any tree, shrub or other
woody plant which extends within the lines of any public highway,
or any tree, shrub or other woody plant in the parks and other property
of the Borough.
[Res. 7/5/1983; as amended by Ord. 781, 11/5/2012]
The Council of the Borough of Nazareth shall have exclusive
custody and control of the shade trees on and along the streets and
highways of the Borough. Council may plant, transplant, remove, maintain
and protect shade trees on the streets and highways of the Borough,
employ, pay persons, and make and enforce regulations as may be necessary
for the care and protection of the shade trees of the Borough.
[Res. 7/15/1983; as amended by Ord. 781, 11/5/2012]
No person shall plant, cut down or remove any shade trees under
the jurisdiction of Borough Council unless he shall have first obtained
a permit from the Ecology Committee.
[Ord. 781, 11/5/2012]
The application for any permit required hereunder shall be made
in writing to the Ecology Committee. It shall specify the particular
kind of work or operation the applicant desires to perform there under,
and shall state the exact location and the species of trees to be
affected. All forms are to be obtained from and delivered to the Borough
Administrative Clerk. It shall be the duty of the Chairman to submit
every such application promptly to the Ecology Committee for approval
or disapproval. Any application not acted upon within 14 days from
the date thereof shall be deemed to have been granted and allowed.
The permit shall be effective for such length of time as the Ecology
Committee 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 Ecology Committee that any of the terms or conditions
of the permit has been violated.
[Res. 7/5/1983; as amended by Ord. 781, 11/5/2012]
As a condition to any permit to remove any shade tree, the Ecology
Committee may require that the applicant plant, at his expense, another
tree in the place of the one removed. The Ecology Committee in such
case shall direct the type, size and location of the tree to be planted
and the time within which the work shall be done.
[Res. 7/5/1983]
No shade tree shall be planted less than 30 feet from a curb
intersection, or less than 10 feet from a fire hydrant, sewer inlet,
light standard, traffic control device or utility pole.
Council may, upon 10 days’ written notice, require owners
of property to cut and remove plants, shrubs and trees afflicted with
any disease that threatens to injure or destroy plants, shrubs and
shade trees in the Borough under regulations prescribed by ordinance.
Upon failure of any owner to comply with the notice, the Borough may
cause the work to be done by the Borough, and assess the cost against
the owner.
Whenever Council proposes to plant, transplant or remove shade
trees on any street, notice of the time and place of the meeting at
which the work is to be considered shall be given in one newspaper
of general circulation once a week for two weeks immediately preceding
the time of the meeting. The notice shall specify in detail the streets
or portions upon which trees are proposed to be planted, transplanted
or removed. In the event that the Ecology Committee is to undertake
the work, the Ecology Committee shall provide the notice.
[Res. 7/5/1983; as amended by Ord. 595, 10/7/1991; and by Ord. 781, 11/5/2012]
1.
Any person
who shall violate any provision of this Part shall, upon conviction
thereof, be sentenced to pay a fine not less than $5. To the extent
provided by ordinance, Council may assess penalties for the violation
of regulations relating to shade trees or delegate the power to assess
such penalties to the Ecology Committee. Any penalty so assessed shall
be a lien upon the real estate of the offender and may be collected
as municipal claims are collected. Each day that a violation of this
Part continues shall constitute a separate offense.
