ATTACHMENTS
Attachment 1 - Municipal Policies, Rules and Regulations for Tree Work
When used in this Part 1, the following terms shall have the following meanings:
COMMISSION.
The Commission of the Municipality.
DEPARTMENT.
The Municipality’s Department of Public Works.
DIRECTOR.
The Municipality’s Director of the Department of Public Works.
MANAGER.
The Municipality’s Manager or his/her designee.
MUNICIPALITY.
Mt. Lebanon, Pa.
NEW TREE.
Any tree planted by the Municipality in a Public Area, except a replacement tree.
PERSON.
Any individual, firm, partnership, association, corporation, company or organization of any kind.
PUBLIC AREA.
Any public right-of-way or easement, or park or other real property owned by the Municipality.
PUBLIC NOTICE.
Public Notice shall mean publication in a newspaper of general circulation once a week for two consecutive weeks and written notification sent by first class mail to the last known address of abutting property owners. Public Notice of public hearings shall be published, and written notification mailed, to abutting property owners at least 30 calendar days before the hearing date. Public Notice shall include the time, location, and subject of the public hearing.
REPLACEMENT TREE.
A tree planted in a location formerly occupied by another tree.
WORKDAYS.
Monday through Friday, excluding legal holidays when Municipal offices are closed.
The Parks Advisory Board (“Board”) shall have the following responsibilities regarding trees in the Municipality.
102.1. 
The Board shall assist in the development of a public education and information program concerning the importance and care of trees. In addition, the Director shall keep the Board informed of decisions made and actions taken relating to the planting, maintenance, and removal of trees; including:
102.1.1. 
List of trees available to be planted in public areas;
102.1.2. 
Department efforts at controlling diseases and pests damaging trees;
102.1.3. 
Tree maintenance efforts; and
102.1.4. 
Department rules and regulations regarding tree planting, maintenance, and removals.
102.2. 
The Board shall advise the Department in the Department’s preparation, for the Commission’s approval, of a plan (the “Tree Plan”) for trees in public areas in the Municipality. The Tree Plan should include a list of existing trees, including species and location. The Tree Plan should also include suggested policies for the planting of trees, including suitable species for various environments. It should also identify locations for new plantings, desirable specie changes and related matters.
102.3. 
The Tree Plan should recognize the benefits of a public tree program and the need to control expenses of planting, maintenance, removal, cleanup and all other costs associated with a tree program. The Board shall review the Tree Plan annually, and/or at other times, at the request of the Director.
102.4. 
The Board may, with the approval of the Commission, solicit grants and contributions on behalf of the Municipality.
The Department is hereby authorized to perform the following activities in regard to trees:
103.1. 
Prepare Policies, Rules and Regulations. Policies, rules and regulations, entitled “Municipal Policies, Rules and Regulations For Tree Work,” shall be prepared by the Department and adopted, by resolution, by the Commission to control tree trimming, cabling, spraying, root cutting and other work on trees by contractors, abutting property owners and others.
103.2. 
Select and Plant New Trees in Public Areas. If a Tree Plan has been approved by the Commission in accordance with Section 3, the Department’s selection and planting of new trees shall generally be in accordance with that plan. Prior to the planting of any new tree, if the cost of such tree will be assessed against an abutting property owner, a public hearing pursuant to public notice shall be held by the Commission unless the abutting property owner requests or agrees that the tree should be planted. Public notice of the hearing shall include the address, location, and species of trees to be planted.
103.3. 
Hazardous Trees on Private Property. Trees on private property (i.e. outside a public area as referenced in §103.4) shall be ordered by the director to be removed, partially removed, or treated by the owner of the property on which the tree is located, if in the opinion of the Director, such a tree is either (i) sufficiently damaged, diseased or in such other condition, and is also close enough to a public right-of-way or other public area so as to create a potential hazard to the public (e.g. by falling into the public space), or (ii) regardless of the location of the tree relative to a public area, sufficiently diseased, infested, or in such other condition as to constitute a threat to the survival of other trees (e.g. by being afflicted with a communicable virus/fungus/disease, or by being infested with an invasive insect, in either case, which is likely to spread and damage or destroy other trees). Property owners so ordered shall have 25 days, following receipt of the order, to comply with the order or to appeal to the Manager. The Manager shall hear any such appeal and make a decision within 10 days of the hearing of the appeal. Decisions of the Manager shall be appealable as provided by law. Appeals to the Manager shall be in writing and decisions shall be in writing and shall include findings of fact. Following a decision by the Manager that a tree shall be removed, partially removed, or treated, the property owner shall comply within 25 days of the receipt of the decision by first class mail to the property owner. If the property owner shall fail or refuse to comply with such order, the property owner shall be subject to the penalties specified in §19-108. In addition, the Director is authorized, at his discretion, to remove the hazardous tree or portions thereof or treat the tree. All costs for such work shall be assessed against the property on which the tree is located and, if not paid, shall be a lien against the property in accordance with §19-104.
103.4. 
Hazardous Trees in Public Areas. Trees in public areas which, in the opinion of the Director, are sufficiently damaged, diseased or are in such condition as to constitute a hazard to the public or a threat to the survival of other trees, shall be removed, partially removed, or treated by the Director. Prior to tree removals from public rights-of-way, written notice shall be provided to the owners of property abutting the tree(s) to be removed.
The cost of planting new trees in a public right-of-way, together with the cost of necessary guards and grading, shall be paid by the owner of the abutting property. Replacement trees shall be planted at no cost to such owner. All costs of tree removal, partial removal or treatment ordered by the Director for trees on private property shall be paid by the owner of the property on which such trees are located.
The amount assessed to a property owner for the planting of new trees shall be determined by the Director. Thereafter, the Director shall cause 30 days written notice to be given to each person against whose property an assessment has been made. The notice shall state the nature and amount of the assessment and the time and place for payment thereof.
The amount assessed against any property shall be a municipal claim and, if not paid within the time specified in the notice, may be filed and collected by the Municipal Solicitor in the same manner as municipal claims are, by law, recoverable.
The Municipality is authorized to accept the dedication of easements from private property owners to plant and maintain trees on private property. Such dedications of easements shall be in writing, executed and acknowledged by such property owners, and, if accepted by the Municipality, shall be recorded in the office of the Allegheny County Recorder of Deeds.
The Department is authorized to issue permits for certain work on trees by persons not Municipal employees. Permits shall be required for the following acts:
106.1. 
Planting, treating, pruning, removing, or otherwise disturbing any tree located in a public area;
106.2. 
Trimming, pruning, or removing any tree or portions thereof, if such tree or portions thereof may reasonably be expected to fall in a public area and cause damage to persons or property, or interfere with pedestrian or vehicle traffic using the public right-of-way or public easements;
106.3. 
Placing in public areas, either above or below ground level, a container for trees, shrubs, or other plants;
106.4. 
Transplanting any tree located in a public area;
106.5. 
Attaching any rope, wire, nail, sign, poster, or similar manmade object to any tree located in a public area;
106.6. 
Damaging or cutting roots by tunneling, trenching, or digging in a public area for the purpose of the installation or repair of a driveway, sidewalk, curb, pipe, conduit, electric wire and similar items.
Permits shall be in writing and shall specify the work permitted and the time period, not exceeding one year. All work shall be performed in accordance with the Department’s “Municipal Policies, Rules and Regulations for Tree Work.” Such permits may be revoked by the Director if the terms and conditions of the permit or the “Municipal Policies, Rules and Regulations for Tree Work” are violated. Revocations may be appealed, in writing, to the Manager within five workdays of that notice of revocation. The Manager shall hear any such appeal and make a determination within 10 days of the hearing of the appeal. Decisions of the Manager shall be appealable as provided by law. Appeals to the manager shall be in writing and decisions shall be in writing and shall include findings of fact.
Nothing in this Section shall be construed to exempt public utility companies or their agents from any of the requirements of this Chapter.
It shall be unlawful for any person to:
107.1. 
Cut, break, climb with spikes, disturb the roots of or otherwise injure or destroy trees in any public area or to authorize such actions. It shall not be considered a violation to trim trees or perform other activities with a valid permit from the Department specific to the tree(s) involved in accordance with §19-106 of this Ordinance.
107.2. 
Cause or authorize a wire or other conductor charged with electricity to come into contact with any tree in any public area in a manner that may injure or kill it without a written permit from the Department specific to the tree(s) involved.
107.3. 
Cause or authorize in any public area, any oil, gasoline, herbicide, paint, brine, hot water, steam or other gas, liquid, or solid substances deleterious to the tree to contact any tree or to enter the soil about the base or root system of a tree in any manner that may injure or kill it.
107.4. 
Interfere, cause, or authorize an interference with the Municipality or any of its agents or employees while they are engaged in planting, inspecting, maintaining, or removing trees.
107.5. 
Supervise or authorize construction, alterations, repairs, or demolition activities in the vicinity of any tree in any public area without first placing sufficient guards or protectors as shall prevent injury or destruction of said tree arising out of such activities. The placement of guards or protectors shall be in accordance with Department rules and regulations or with written authorization of the Director.
107.6. 
Place or maintain upon the ground any asphalt, cement, stone or other material or substances in such manner as may obstruct free access of air and water to the roots of any tree in any public area.
107.7. 
Fasten any rope, wire, electric attachment, sign, or other device to any tree in any public area or to any guard about such tree without a written permit from the Department specific to the tree(s) involved.
107.8. 
Plant, prune, fertilize or apply fungicides, insecticides, or other chemical substances to any tree in any public area without a written permit from the Department specific to the tree(s) involved.
107.9. 
Remove or tamper with any object or device set for the protection or treatment of any tree in any public area without a written permit from the Department specific to the tree(s) involved.
107.10. 
Pile any building material or make any mortar or cement within six feet of any tree in any public area.
107.11. 
Hitch or fasten any animal, bicycle, or vehicle to any tree in any public area.
Any person violating the provisions of this Ordinance shall, upon conviction before a District Justice of appropriate jurisdiction, be liable to pay costs of prosecution and a fine as follows:
108.1. 
For willfully injuring or killing a living tree in any public area by cutting, debarking, breaking, by the use of herbicides, use of a vehicle or in any other manner wherein it is determined by the District Justice that such damage or destruction was intentionally inflicted, a fine of not less than $100 nor more than $600 plus the cost of repairing or replacing each damaged tree shall be levied. If the person found guilty of violating this Section is an abutting property owner, the cost of repair or replacing the damaged tree shall be assessed against the property in accordance with §19-104 of this Ordinance.
108.2. 
For failure of a property owner to remove, partially remove or treat a tree on private property, as ordered in accordance with this ordinance, the property owner shall be fined not more than $100 per day. Each day the property owner remains in violation shall constitute a separate offense.
108.3. 
For all other violations, where it is determined by the District Justice that such damage or destruction was not intentionally inflicted, a fine of not less than $25 nor more than $100 plus the cost of repairing or replacing the damaged tree shall be levied. If the person found guilty of violating this Section is an abutting property owner, the cost of repair or replacing the damaged tree shall be assessed against the property in accordance with §19-104 of this Ordinance.