[HISTORY: Adopted by the City of Council of the City of Chester as Art. 923 of the 1978 Codified Ordinances. Amendments noted where applicable.]
[Amended 1-25-2006 by Ord. No. 20-2005]
A. 
There shall be created a commission to be known and designated as the "Shade Tree Commission." The Commission shall consist of five members appointed by Council, all of who shall be residents of the Municipality. All will serve without compensation.
(1) 
Two members shall serve for three years, two for two years and one for one year.
(2) 
One the expiration of the term of any Commissioner, a successor shall be appointed by the Municipal governing body to serve for a term of four years.
(3) 
Vacancies in the office of Commissioner shall be filled by the Municipal governing body for the unexpired term.
B. 
The duties of the Shade Tree Commission shall be as follows:
(1) 
General powers. The Commission shall have exclusive custody and control of the shade trees in the Municipality and is authorized to plant, remove, maintain, and protect shade trees on the public streets and property within the Municipality.
(2) 
Specific duties. Specific duties shall include, but are not limited to:
(a) 
Studying the problems and determining the needs of the City of Chester in connection with its tree planning program.
(b) 
Recommending to the proper authority the type and kind of trees to be planted upon such Municipal streets or parts of Municipal streets or in parks as are designated.
(c) 
Assisting the properly constituted officials of the City of Chester, as well as the Municipal government body and citizens of the Municipality, in the dissemination of news and information of trees within the corporate limits, whether the same be on private or public property, and making such recommendations from time to time to the Municipal governing body as to desirable legislation concerning the tree program and activities for the Municipality.
(d) 
Providing regular and special meetings at which the subject of trees, insofar as it relates to the Municipality, may be discussed by the members of the Commission, officers and personnel of the Municipality and its several divisions and all other interested in the tree program.
C. 
Organization. Within a reasonable time after the appointment of said Commission and the approval of the members thereof, upon call of the Municipal governing body, said Commission shall meet and organize by the election of a Chairman. The said Commission shall then provide for the adoption of rules and procedures and for the holding of regular and special meetings as said Commission shall deem advisable and necessary in order to perform the duties set forth.
[Amended 1-25-2006 by Ord. No. 20-2005]
A. 
The following regulations pertaining to shade trees are hereby approved by the Shade Tree Commission.
B. 
_____
(1) 
The following words and phrases, when used in these regulations, shall have the meaning hereby ascribed to them, except in those instances where the context clearly indicates a different meaning:
PERMIT
Means any permit in writing as issued by the City Clerk.
PERSON
Means any natural person, firm, association, partnership or corporation or their servants, agents, or employees.
PUBLIC STREET, HIGHWAY OR AVENUE
Means any street, sidewalk or alley open to the public within right-of-way lines thereof.
SHADE TREE
Means any tree, shrub or any woody plant in or upon any public street, highway or avenue in the City, or that part of any tree, shrub or other woody plant which extends within the lines of any public street, highway or avenue in the City.
(2) 
The singular includes the plural and the masculine includes the feminine.
[Amended 1-25-2006 by Ord. No. 20-2005]
A. 
No tree shall be planted or removed in or upon any public street, highway or avenue without written permit from the Shade Tree Commission or the City's designee. The permit shall designate the type of tree and place where such tree is to be planted or removed. The Shade Tree Commission shall have the authority to designate a suitable type of tree and may refuse a permit to plant any type of tree which, in its opinion, is not suitable to the location. The Commission may be guided by the standards laid down by the National Shade Tree Conference or any other similar organization which promulgates standards which would carry out the intent of these regulations. All persons shall first obtain a written permit from the Shade Tree Commission before doing or having done any work for the care, pruning or trimming of any trees in or upon the public streets, highways or avenues, and such work shall be done to the satisfaction of the Shade Tree Commission or the City's designee.
B. 
The Municipality shall have the right to cause the removal of any dead or diseased tree on private property within the Municipality when such trees constitute a hazard to property or harbor insects or disease which constitutes a potential threat to other trees within the Municipality. The Shade Tree Commission will notify the owners, in writing, of such trees. Removal shall be done by said owners at their own expense within 60 days after the date of service of notice. In the event of failure of owners to comply with such provisions, the Municipality shall have the authority to remove such trees and the exact cost thereof shall be assessed to the owner as provided by law in the case of special assessments.
[Amended 1-25-2006 by Ord. No. 20-2005]
A. 
The application for any tree permit required by this article shall be made in writing to the Department of Streets and Public Improvements. It shall specify the particular kind of work or operations the applicant desires to perform thereunder, and shall state the exact location and species of any tree affected. The Department shall promptly submit every application to the Commission or the City's designee for approval or disapproval. The permit may be revoked at any time upon proof satisfactory to the Commission or the City's designee that any of the terms or conditions upon which such permit was issued are or have been violated. The Shade Tree Commission or the City's designee, in its discretion, may, as a condition precedent to the issuance of a permit, require the applicant to file a bond satisfactory to the Commission or the City's designee, or to deposit security satisfactory to it, to guarantee the compliance by the applicant with the terms and conditions upon which such permit is issued. The applicant for any permit shall, at the time of his application, pay to the City Treasurer a fee of $5.
B. 
Application for permits must be made at the office of the Shade Tree Commission or the City's designee not less than five business days in advance of the time the work is to be done.
C. 
Notice of completion shall be given within five days to the Shade Tree Commission or the City's designee for its inspection.
[Amended 1-25-2006 by Ord. No. 20-2005]
A. 
No tree shall be planted in or upon any public street, highway or avenue within five feet of any driveway, nor shall any tree on private property adjacent to the sidewalk be planted within three feet therefrom. No tree shall be planted nearer to the intersection of any two or more streets than 25 feet from the point of intersection of any two public-right-of-way lines. A distance of 30 feet shall be maintained on streets that are State highways.
B. 
Improper planting. Whenever any tree shall be planted or set out in conflict with the provisions of this section, it shall be lawful for the Shade Tree Commission to remove or cause removal of the same, and the exact cost thereof shall be assessed to the owner as provided by law in the case of special assessments.
[Amended 1-25-2006 by Ord. No. 20-2005]
A. 
All shade trees shall be kept by the owner of the property on or in front of which they are located so that the minimum clearance where they overhang any public walk shall be nine feet and the minimum clearance where they overhang any public street, highway or avenue shall be 11 feet. However, the Shade Tree Commissioner or the City's designee reserves the right to designate a higher clearance on certain highways where heavy traffic or other conditions make it expedient.
B. 
If any property owner neglects or refuses to trim any shade tree as required by this section upon written notice by the Shade Tree Commission within the time limit specified in such notice, the Shade Tree Commission or the City's designee may cause such trimming to be done at the expense of the owner and the entire cost thereof shall be a lien upon such premises and a claim therefore shall be filed and collected by the City Solicitor in the same manner as Municipal liens are filed and collected.
[Amended 1-28-1993 by Ord. No. 12-1993]
No person shall, without first obtaining a permit therefor, cut, break, claim with spurs, injure in any manner or remove any shade tree; or cut down or interfere in any way the main roots of any shade tree; but if indeed a permit is issued to cut down a shade tree, such permit shall require that the roots of such tree be completely remove and all sidewalks restored, needed; or spray any shade tree with any chemical or insecticide; or place any rope, guy wire, cable, sign, poster or any other fixture on any shade tree or guard for any shade tree; or injure, misuse or remove any device placed to protect any shade tree, except in case of immediate necessity for the protection of life and property.
[Amended 5-10-1966 by Ord. No. 25-1996]
No person shall, without first obtaining a permit, place or hereafter maintain any stone, cement or any other substance which shall impede the passage of water and air to the roots of any shade tree unless such person has an open space of ground of not less than four square feet surrounding the trunk of such tree.
[Amended 5-10-1966 by Ord. No. 25-1966]
No person shall allow fire to burn, gas to escape or toxic chemicals, salt, oil or other substances injurious to plant growth to seep, drain or be emptied where such act may injure any portion of any shade tree or shrub.
[Amended 1-25-2006 by Ord. No. 20-2005]
These regulations shall be enforced by the Shade Tree Commission or the City's designee and the Police Department. All work required to be done under any permit shall be completed within a period of nine months from the date of the issuance of the permit, unless such completion date is extended by the Shade Tree Commission or the City's designee or the permits has been previously revoked for cause by the Shade Tree Commission or the City's designee.
[Amended 1-25-2006 by Ord. No. 20-2005]
Whenever any tree becomes an obstruction to public travel, either upon the sidewalks or the roadways of any street or highway, or obstructs the proper lighting of public places, the Director of Streets and Public Improvements upon order of the Shade Tree Commission or the City's designee shall either remove or trim such tree as it may be deemed necessary to remove the obstruction to travel and light. Before the Director takes action in the matter, he shall notify the owners or occupants of the premises involved to remove such obstruction within 30 days. If the owner or occupant fails to do so after such notice, the Director shall cause the work to be done and collect the cost thereof by lien or suit.
[Amended 1-25-2006 by Ord. No. 20-2005]
No person shall hinder, prevent, delay or interfere with the Shade Tree Commission or the City's designee while engaged in carrying out the execution or enforcement of the ordinance, regulations, etc.; provided, however, that nothing herein shall be construed as an attempt to prohibit the pursuit of any remedy, legal or equitable, in any court of competent jurisdiction for the protection of property rights by the owner or any property within the Municipality.
[Amended 1-25-2006 by Ord. No. 20-2005]
A. 
All trees on any street or other publicly owned property near any excavation or construction of any building, structure or street work shall be guarded with a good, substantial fence, frame or box not less than four feet high and eight feet square or at a distance in feet from the tree equal to the diameter of the trunk in inches (diameter at breast height), whichever is greater, and all building material, dirt or other debris shall be kept outside the barrier.
B. 
No person shall excavate any ditches, tunnels, trenches or lay any drive within a radius of 10 feet from any public tree without first obtaining a written permit from the Shade Tree Commission.
[Amended 1-25-2006 by Ord. No. 20-2005]
No person shall deposit, place, store or maintain upon any public property of the Municipality any stone, brick, sand, concrete or other materials which may impede the free passage of water, air and fertilizer to the roots of any tree growing therein, except by written permit of the Shade Tree Commission.
[Amended 1-25-2006 by Ord. No. 20-2005]
Street trees shall be required whenever a proposed subdivision shall average three or more lots per gross acre or where the proposed subdivision is adjacent to any existing or recorded development having street trees.
[Amended 1-25-2006 by Ord. No. 20-2005]
The Shade Tree Commission shall review all development and redevelopment plans meeting the above criteria to assure the planting of the property trees.
[Amended 1-25-2006 by Ord. No. 20-2005]
A. 
Preferred tree species.
(1) 
All plant materials used shall be selected from the following plant list. If the developer is confronted with an unforeseen problem pertaining to tree species, the Shade Tree Commission or the City's designee shall be consulted for advice and recommendations.
(2) 
Street trees within the same block shall be the same species except to achieve a special effect, as approved by the Shade Tree Commission or the City's designee.
(a) 
Small trees (under 30 feet).
Acer campestre — Hedge maple
Acer ginnala — Amur maple
Acer Tatarium — Tatarian maple
Amelanchier laevis — (tree form) — shadblow serviceberry
Amelanchier laevis (tree form) — Allegheny serviceberry
Cornus florida — flowering dogwood
Cornus kous — Chinese kousa dogwood
Crataegus monogyna, selected varieties hawthorn
Halesia Carolina — Carolina silverbell
Malus, selected varieties — crab apple
Prunus sargentii cv. columnara — columnar
Sargent Cherry
Prunus serrulata cv. Amanogawa — Amanogawa cherry
Prunus serrulata vc. Kwanzan — Kwanzan cherry
Pyrus calleryana cv. Chanticleer — Chanticleer pear
Syringa amurensis japonica — Japanese tree lilac
(b) 
Medium trees (30-45 feet).
Carpinus betulus — European hornbeam
Carpinus betulus cv. Fastogiate -upright
European hornbeam
Cercidiphyllum japonicum — katsura tree
Chionanthus virginica — white fringe tree
Crataegus lavallei — Lavalle hawthorn
Koelreuteria paniculata — goldenrain tree
Malus cultivars — crab apple
{i1}Adams
{i1}Snowdrigt
{i1}White Angel
{i1}Hupenhensis
{i1}Zumi calocarpa
{i1}Becerly
Nyssa sylvatica — sour gum
Phellodendron amurense — Amur cork tree
Prunus yedoensis — Yoshino cherry
Pyrus calleryana cultivars — Callery pear
{i1}Aristocrat
{i1}Bradford
{i1}Dwarf Korean
Quercus acutissima — sawtooth oak
Sorbus alnifolia — Korean mountain ash
Sorbus aucuparia — European mountain ash
Ulmus parvifolia — Chinese elm
(c) 
Large trees (over 45 feet).
Acer rubrum (selected cultivars) — red maple
Acer saccharum (selected cultivars) — sugar maple
Corylus colurna — Turkish filbert
Ginkgo biloba (male selections only) ginkgo
Metasequoia glyptostroboides — dawn redwood
Quercus alba — white oak
Quercus borealis — red oak
Quercus cerris — Turkey oak
Quercus imbricaria — shingle oak
Quercus phellos — willow oak
Quercus shumardi — Shumardi oak
Sophora japonica — Japenese pagoda tree
Taxodium districhum — common bald cypress
Tilia cordata — littleleaf linden
Tilia euchlora (selected cultivars) — Crimean linden
Tilia tomentose — silver linden
Zelkova serrate (selected cultivars) — Japanese zelkova
B. 
The use of any tree other than those listed above requires the approval of the Shade Tree Commission or the City's designee.
C. 
Not all trees on this list are suitable for all situations. Suitability shall be determined by the Shade Tree Commission or the City's designee.
D. 
Only plant material grown in nurseries shall be procured for shade tree planting. Trees should be true to form and typical of the species.
E. 
Each tree shall be at least eight feet in height and have a diameter of at least one and 1/2 inches as measured at a height of six inches above the finished ground level.
F. 
Plant material shall be balled and burlapped with native soil in which the material had been growing (no manufactured balls).
G. 
The relationship between tree caliper, tree height and diameter of the root ball shall be as follows:
Caliper
(inches)
Height Range
(feet)
Minimum Ball Diameter
(inches)
1 1/2 to 1 3/4
8 to 10
20
1 3/4 to 2
10 to 12
22
2 to 2 1/2
12 to 14
24
Note: Trees with larger caliper trunks shall have ball diameters in proportion to their size and in accordance with accepted nursery practices.
[Amended 1-25-2006 by Ord. No. 20-2005]
A. 
The actual location of each individual tree shall be determined considering views, proximity of utility poles, overhead and guy wires, driveways and subsurface utility installations.
B. 
Trees shall be planted at least 30 feet form street intersections, at least 15 feet from driveways and alleys and at least 10 feet from utility poles.
C. 
Spacing of trees should be determined by the Shade Tree Commission or the City's designee according to local conditions, the species, cultivars or varieties used, their mature height, spread and form. Generally, all large trees shall be planted 40 feet to 60 feet on center; all medium-sized trees shall be planted at a minimum of 35 feet on center; and all small trees shall be planted a minimum of 25 feet on center. Whenever possible, shade trees shall be planted alternately along each side of all streets of the development. Trees shall be spaced without regard to property lines.
D. 
The cross-sectional location of street trees shall be as follows (as a guide):
(1) 
No overhead utility wires. Trees shall be located within right-of-way, on center between the curb and sidewalks.
(2) 
Utility wires overhead. Trees shall be located preferably between the sidewalk and building setback line and at least three feet from the sidewalk. Small trees may be planted under utility wires with Shade Tree Commission or the City's designee's approval.
E. 
Tree pits shall be a least 10 inches wider in diameter than the diameter of the root ball. Unless building debris is encountered, the hole shall be excavated to a depth no greater than to permit the top of the ball to be level with the rim of the hole. All encountered debris should be removed to a minimum depth of 30 inches.
F. 
Planting time. Except where waived by the Shade Tree Commission or the City's designee within the same block shall be planted at the same time. Balled and burlapped material may be planted during any period of the year when the soil is frost-free and friable.
G. 
The burlap and twine covering the upper half of the ball shall be rolled back or cut away after the plant has been set.
H. 
Trees shall be staked with no less than two-by-two-inch stakes driven 2 1/2 to three feet into the ground, Two stakes shall be required for trees less than two inches in caliper, and three for trees greater than two inches in caliper, The trunk shall be protected by placing a short piece of three-fourth-inch-diameter, two ply reinforced hose around the guy wire where it comes in contact with the tree. All stakes shall be of the same height for uniform appearance and support.
I. 
The planting hole shall be backfilled to three-fourths full with soil, followed by 10 gallons of water. When the water has been absorbed, the hole shall be filled with topsoil and tamped lightly to finished grade.
J. 
Upon completion of the transplanting operation, a wood chip or bark mulch, two inches deep, shall be placed over the planting area.
K. 
All unused soil or other debris resulting from the planting or plant material shall be removed from the project area.
[Amended 1-25-2006 by Ord. No. 20-2005]
A. 
Plant maintenance shall begin immediately after each plant is satisfactorily installed and continue until final inspection by the Shade Tree Commission or the City's designee.
B. 
Plant maintenance shall include, but need not be limited to, replacing mulch that has been displaced by erosion or other means, maintaining stakes and guys as originally installed, watering when needed or directed and performing any other work required to keep the plans in a healthy condition. An adequate moisture supply is estimated to be the equivalent of one inch of water per week, delivered at weekly intervals in the form of rain or augmented as required by periodic watering.
C. 
The developer shall remove and replace all dead, defective, and rejected plants as occur during this period.
D. 
Guaranty. In addition to other standard provisions, the developer's improvement bond shall also provide for the following:
(1) 
Maintenance necessary during establishment period.
(2) 
Replacement in kind, or with a substitute acceptable to the Shade Tree Commission or the City's designee, of all plant material which is not in a healthy growing condition, which has died back or is beyond normal pruning limits.
[Amended 6-15-2017 by Ord. No. 2-2017]
Upon violation of this article the City may take any of the following actions:
A. 
The Director of the Department of Streets or the Director of the Department of Public Safety or their duly authorized representatives or any Police officer may cause a printed ticket for such violation to be handed to the violator, left upon or affixed to the premises where such violation occurred, or mailed to the address of the property in question or the address to which tax bills are mailed for such property by certified mail. The ticket shall bear the date, the time and the nature of the violation, the fine prescribed therefor pursuant to Subsection A(2) below, and a reference to this chapter.
(1) 
Whoever receives such a ticket may within 10 days, admit the violation, waive a hearing and pay the fine in full satisfaction of such ticket. Payment shall be made as directed on the ticket and the violator shall be furnished with an official receipt therefor, which shall constitute an admission of the violation charged but shall not excuse a continuing violation.
(2) 
Ticketed penalties for violations shall be in the amount of $100, provided however, that the City Council may revise such ticket penalties amount by resolution from time to time.
(3) 
When a person has been notified in the manner set forth in this chapter and does not avail himself or herself of the penalty provision of Subsection A hereof, a citation or summons shall be issued for such violation. Upon conviction on such summons or citation before the Magisterial District Justice, such person shall be subject to a penalty of not more than $1,000 and costs, and in default of payment thereof, imprisonment for a period of not more than 30 days. If the person named in the citation or summons fails to appear on the date specified therein, a warrant may be issued for his or her arrest.
B. 
The Director of the Department of Streets or the Director of the Department of Public Safety or their duly authorized representatives may cause the conditions in violation of this article to be removed or abated by employees of the City or by any independent contractor authorized by the City. Thereafter, the owners, tenant, occupant or agent of the property shall be liable for the cost of such removal or abatement, plus an administrative charge equal to 15% of such costs, in the manner of a municipal lien.
C. 
In addition to the penalty provided above, the City shall have all other remedies available at law and in equity.