[Ord. 382, 4/3/1972]
A Shade Tree Commission is hereby created in and for the Borough
of Selinsgrove.
[Ord. 382, 4/3/1972; as amended by Ord. 434, 10/4/1976; and by Ord. 730, 12/6/2004]
1. The Commission
shall be composed of five residents of the Borough appointed by the
Borough Council and shall serve without compensation.
2. Initially,
the Borough Council shall appoint one member for a term of five years,
one member for a term of four years, one member for a term of three
years, one member for a term of two years, and one member for a term
of one year. On the expiration of the term of any Commissioner, a
successor shall be appointed by the Borough Council to serve a term
of five years. Vacancies in office shall be filled by Borough Council
for the unexpired term.
3. Removal.
Any member of the Selinsgrove Shade Tree Commission, once qualified
and appointed, may be removed from office for malfeasance, misfeasance,
or nonfeasance in office, or for other just cause by a majority vote
of the Selinsgrove Borough Council which appointed the member, taken
after the member has received 15 days' advance notice of the intent
to take such a vote. A hearing shall be held in connection with the
vote if the member shall request it in writing. Any appointment to
fill a vacancy created by removal shall only be for the unexpired
term.
[Ord. 382, 4/3/1972; as amended by Ord. 434, 10/4/1976; and by Ord. 759, 11/12/2007]
The Shade Tree Commission shall have exclusive custody and control
of the shade trees on Borough property along the streets and highways
and is authorized to plant, remove, maintain, and protect shade trees
on the streets and highways in the Borough. Shade trees subject to
this Part shall include, but not be limited to, all trees, shrubs,
and other woody plants, living or dead, occupying or designated by
the Shade Tree Commission as occupying a public place on all streets,
alleys, lands, parks, or other public highways or rights-of-way of
the Borough. Vegetation subject to this Part shall be known as “public
shade trees.”
[Ord. 382, 4/3/1972; as amended by Ord. 759, 11/12/2007]
The Shade Tree Commission may make and enforce regulations for
the care and protection of the shade trees of the Borough; however,
no such regulation shall be in force until it has been approved by
the Council and enacted as an ordinance.
[Ord. 382, 4/3/1972]
The Commission may employ and pay such superintendents, engineers,
foresters, tree wardens or other assistants as the proper performance
of the duties devolving upon it shall require.
[Ord. 382, 4/3/1972; as amended by Ord. 434, 10/4/1976]
Whenever the Commission proposes to plant, transplant or remove
shade trees on any street, notice of the time and place of the meeting
at which such work is to be considered shall be given two weeks before
the meeting to each adjoining landowner along said street by certified
mail and in one newspaper of general circulation in the Borough 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
such trees are proposed to be so planted, replanted or removed.
[Ord. 382, 4/3/1972; as added by Ord. 759, 11/12/2007]
1. No person
shall remove, destroy, break, cut, inject, prune, trim, scrape, paint,
whitewash, or in any way, deface, injure or interfere with the roots,
trunk, bark, branches, leaves, flowers or fruit of any public shade
trees in the Borough without the written permission of the Shade Tree
Commission for the work to be done.
2. No person
shall cut the root of any public shade tree to enable sidewalk, curb,
pipe, conduit, or electrical wire installation or other similar repair
without the written permission of the Shade Tree Commission for the
work to be done. Whenever a landowner is notified by the Borough of
the necessity to replace existing or install new curbing and/or sidewalk
and such work shall affect the root of any public shade tree, the
landowner shall immediately contact the Borough Manager and the Shade
Tree Commission to inform them of the replacement and/or installation
work and its impact on such root or roots and the Borough Manager
and the Shade Tree Commission shall be responsible for minimizing
the effect of such replacement or installation on the public shade
tree.
3. No person
shall spray or otherwise treat any public shade tree infected or infested
with any parasite, disease, or insect pest with an intention to its
preservation from disease or insects without the written permission
of the Shade Tree Commission for the work to be done.
4. No person
shall spray or otherwise treat any public shade tree with any type
of fertilizer without the written permission of the Shade Tree Commission
for the work to be done. All work shall be performed in accordance
with ANSI A300 Standards, which standards are incorporated herein
by this reference.
5. No person
shall attach any wire, insulator, or any other device for holding
such wire to any public shade tree. All wires shall be securely fastened
so as not to come in contact with any public shade tree or any part
thereof.
6. The use
of implements with sharp, penetrating points is positively prohibited
for the purposes of climbing any public shade tree, unless for the
sole purpose of that tree’s removal.
7. No person
shall attach any rope, wire, sign, poster, handbill, or other object
to any public shade tree or guard thereof.
[Ord. 382, 4/3/1972; as added by Ord. 759, 11/12/2007; and amended by Ord.
825, 10/3/2016]
1. No person
shall plant or remove a public shade tree without the written permission
of the Shade Tree Commission. All actions to plant new trees, and
all actions to remove trees, shall be taken following a public meeting
of the Shade Tree Commission. At such public meeting, the Shade Tree
Commission shall determine whether or not to permit the planting of
new public shade trees or the removal of public shade trees. The meeting
shall be held no later than 30 days following receipt of the written
request for the planting or removal of trees unless otherwise scheduled
by the Shade Tree Commission in its sole discretion. By regular United
States Mail, the Shade Tree Commission shall notify in writing the
person filing the request of the time and date of the meeting. At
the public meeting, the Shade Tree Commission shall grant or deny
the request to plant or remove the trees by a majority vote of the
members of the Shade Tree Commission present at such meeting.
2. The Shade
Tree Commission may, upon reasonable notice by the Commission, in
writing, sent by certified mail, require owners of property to cut
and remove, public shade trees afflicted with any disease which threatens
to injure or destroy plants, shrubs, trees and public shade trees
in the Borough. Upon failure of any such owner to comply with such
notice for more than 30 days after receipt thereof, the Borough may
cause the work to be done by the Borough or its private contractor
and levy and collect the cost thereof from the owner of the property.
Cost of such work shall be a lien upon the land upon which the work
was performed from the time of the commencement of the work, which
date shall be fixed by the Borough Manager and shall be filed with
the Borough Secretary. 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 claims.
3. A public
shade tree may be removed without a public meeting in the event of
an emergency. An emergency exists when a tree poses an immediate and
specific threat or hazard to public safety, pedestrian or vehicular
traffic, or property. Such emergency removal may be authorized by
the Mayor, Borough Manager, Street Superintendent, Chief of Police,
or the officer in charge of emergency management personnel. Such removal
shall be reported to the Shade Tree Commission as soon as possible
after the emergency has been abated.
4. Except
during an emergency, no public utility company, governmental agency
or commercial tree trimmer, or contractor or any other person, shall
perform any work pertaining to any of the foregoing without the written
permission of the Shade Tree Commission for the work to be done. A
permit acquired by the landowner shall constitute permission by the
Shade Tree Commission. A landowner shall not be responsible for any
and all acts performed by a public utility company, governmental agency
or commercial tree trimmer, or contractor or any other person, performed
during an emergency or at any other time that such landowner did not
have either actual or constructive notice of the work that needed
to be done.
[Ord. 382, 4/3/1972; as added by Ord. 759, 11/12/2007]
All permission required under this Part shall be in writing
on the permit form prepared and issued by the Shade Tree Commission.
The permit shall specify name and address of the person requesting
the permit, the location of the work, the type of work to be performed,
and the time period during which the work is to be performed. The
Shade Tree Commission or its designatee shall supervise the work to
be done under the permit, and such permit may be revoked by the Shade
Tree Commission if the terms and conditions of the permit are violated.
[Ord. 382, 4/3/1972; as added by Ord. 759, 11/12/2007]
1. All excavations
in the planting strip within five feet of the center of any public
shade tree shall be under the supervision of the Shade Tree Commission.
2. In the
erection, alteration, repair, or removal of any building or structure,
the owner thereof shall be responsible for the placing of such guards
around all nearby public shade trees as shall effectively prevent
injury to them.
[Ord. 382, 4/3/1972; as added by Ord. 759, 11/12/2007]
Public shade trees shall be planted along the strip between
the sidewalk and the curb and such other locations as determined by
the Shade Tree Commission. In this strip each tree shall be planted
midway between the curb and the sidewalk. The location within the
strip between the sidewalk and the curb at which the shade tree may
be planted shall be determined by the Shade Tree Commission.
[Ord. 382, 4/3/1972; as added by Ord. 759, 11/12/2007]
1. Trees
shall be kept away at least eight feet from lamp posts and 10 feet
from fire hydrants, and 25 feet from any intersection.
2. The exact
spot where a new public shade tree is to be planted shall be decided
by the Shade Tree Commission in the field and not from maps.
[Ord. 382, 4/3/1972; as added by Ord. 759, 11/12/2007]
An official list of recommended public shade trees shall be
established by the Shade Tree Commission and shall be maintained by
the Borough Manager. Amendments to this list shall be made by the
Shade Tree Commission as it deems necessary from time to time, which
amendment shall be adopted at one of the Commission’s regularly
scheduled meetings.
[Ord. 382, 4/3/1972; as added by Ord. 759, 11/12/2007]
All trees, when planted, shall not be less than 1½ inches
in diameter, measured six inches above the ground, shall have straight
stem, and shall be properly staked or supported if deemed necessary
by the Shade Tree Commission. All planting shall be done in accordance
with ANSI A300 Standards, which standards are incorporated herein
by this reference, and the work shall be performed under the direction
of a certified arborist, certified horticulturist, certified landscape
technician, or Shade Tree Commission member. Care shall be given not
to damage roots of any adjoining trees.
[Ord. 382, 4/3/1972; as added by Ord. 759, 11/12/2007]
1. A public
shade tree should be symmetrical. The branches should begin at a height
from the ground that will allow the free public use of the street
and sidewalk. The tree should have a well-developed crown which retains,
as nearly as possible, the normal characteristics of that species.
2. The fixing
of the branching at a certain height above the ground shall be done
gradually, year by year, after planting. Trees must grow in diameter
as well as height in order to support the tops without bending. Low
branches shall be removed only at intervals of a year or more until
the proper height of clear stem 10 feet is reached. Ten feet in the
clear, above the street level, shall be the height all trees will
gradually have their crowns raised to.
3. No limbs
or foliage shall be left to obstruct the street lights, any traffic
sign or traffic signal. All dead and imperfect limbs shall be removed.
4. A tree
with a diameter smaller than one inch, measured at six inches above
the ground, may be removed without a permit.
5. All stumps
shall be ground or removed at least six inches below grade without
damaging the roots and any adjoining trees.
6. Pruning
of public shade trees shall only be performed in accordance with the
ANSI A300 Standards, also known as the Tree, Shrub, and Other Woody
Plant Maintenance–Standard Practices (Pruning) as set forth
in the American National Standards for Tree Care Operations published
by the National Arborist Association, Inc., and approved by the American
Standards Institute, Inc., on May 22, 2001.
7. Topping
of public shade trees is prohibited.
8. No permit
is required for pruning lower branches for pedestrian clearance if
the branches are smaller than one inch in diameter where the branch
joins the trunk of the tree.
9. All cabling,
bracing and guying of a public shade tree shall only be performed
in accordance with ANSI A300 Standards, which standards are incorporated
herein by this reference.
[Ord. 382, 4/3/1972]
The cost of planting, transplanting or removing any shade trees
in and along the streets and highways in the Borough, of the necessary
and suitable guard, curbing or grading for the protection thereof
and of the replacing of any pavement or sidewalk necessarily disturbed
in the execution of such work shall be paid by the owner of the real
estate abutting the area in which the work is done. The amount each
owner is to pay shall be ascertained and certified by the Commission
to the Council and to the Borough Treasurer.
[Ord. 382, 4/3/1972]
Upon the Commission filing the certificate with the Council,
the Borough Secretary shall cause 30 days' written notice to be given
to every person against whose property an assessment has been made.
The notice shall state the amount of assessment and time and place
of payment and shall be accompanied with a copy of the certificate.
[Ord. 382, 4/3/1972]
The amount assessed against the real estate shall be a lien
from time of filing of the certificate with the Council, and if not
paid within the time designated in the notice, a claim may be filed
and collected by the Borough Solicitor in the same manner as municipal
claims are filed and collected.
[Ord. 382, 4/3/1972]
The cost and expense of caring for such trees after having been
planted and the expense of publishing the notice hereinbefore provided
for shall be paid by the Borough. The needed amount shall each year
be certified by the Commission to the Council and shall be drawn against
as required by the Commission in the same manner as money appropriated
for Borough purposes.
[Ord. 382, 4/3/1972]
The Council may levy a general tax, not to exceed the sum of
1/10 of one mill on the dollar, on the assessed valuation of the property
in the Borough of Selinsgrove taxable for county purposes, for the
purpose of defraying the cost and expenses of caring for such shade
trees and the expense of publishing the notice or it may provide for
the expenses of caring for trees already planted and of publishing
the notice by appropriations equal to the amount certified to be required
by the Commission.
[Ord. 382, 4/3/1972; as added by Ord. 759, 11/12/2007; and amended by Ord.
825, 10/3/2016]
1. If any
person is, or believes he has been, aggrieved by any action or decision
of the Shade Tree Commission, such person shall have the right to
file a written appeal to the Selinsgrove Borough Council. Such appeal
shall specifically state the action of the Shade Tree Commission to
which such person objects and shall be personally filed with the Selinsgrove
Borough Manager. The filing fee for the appeal shall be in an amount
as established, from time to time, by resolution of Borough Council.
The appeal must be filed within 30 days after the date of the action
or decision of the Shade Tree Commission or else such action or decision
shall be final.
2. Upon filing
such appeal, all action not yet performed or decision shall be stayed
until the Selinsgrove Borough Council rules on the appeal.
3. Within
45 days of the filing of the appeal, Selinsgrove Borough Council shall
conduct a public hearing on the appeal, either at a regularly scheduled
meeting or at a special meeting duly called. In the event the appellant
requests that the hearing be transcribed, he, she, it or they shall
deposit the sum in an amount as established, from time to time, by
resolution of Borough Council to cover such costs and shall agree
to pay half of the actual costs so incurred.
4. Selinsgrove
Borough Council shall render a decision on the appeal within 30 days
after the conclusion of the public hearing.
5. If the
appellant is aggrieved by the decision of the Selinsgrove Borough
Council, such person may appeal that decision to the Snyder County
Court of Common Pleas for further proceedings according to law. Such
an appeal must be filed in writing within 30 days of the date of the
Borough Council’s decision or else such decision shall be final.
[Ord. 382, 4/3/1972; as amended by Ord. 434, 10/4/1976; and by Ord. 825, 10/3/2016]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a magisterial district judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $1,000 plus costs
and reasonable attorney fees incurred by the Borough in the enforcement
proceeding and, in default of payment of said fine and costs, to a
term of imprisonment not to exceed 90 days. Each day that a violation
of this Part continues or each Section of this Part which shall be
found to have been violated shall constitute a separate offense.