[HISTORY: Adopted by the Borough Council
of the Borough of Churchill as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Sewers — See Ch. 246.
[Adopted 5-12-1970 by Ord. No. 507]
It shall be unlawful for any person to plant,
raise, grow or maintain any tree, shrub or bush in the vicinity of
any of the public sewers of the Borough of Churchill if the roots
of said tree, shrub or bush may enter, clog, damage or destroy said
public sewer.
If it is determined by the Borough of Churchill
that the roots of any tree, shrub or bush are entering, damaging or
destroying any public sewers in the Borough of Churchill, the land
owner upon which said tree, shrub or bush is growing shall be notified,
in writing, to remove the same within a period of 30 days. If the
said land owner, after having been notified to remove the offending
tree, shrub or bush shall fail or refuse to do the same within said
thirty-day period, the Borough of Churchill is authorized to remove
the same and to file a municipal claim against the said land owner
for the costs involved in said removal.
The notice required by the § 286-2 of this chapter shall be served personally upon the owner of the property involved, if such agent has a residence or place of business within the borough. If neither the owner nor the agent thereof can be served within the borough as hereby provided such notice shall be sent to the owner of such property by registered mail, at the last known address thereof.
[Amended 3-10-1998 by Ord. No. 667]
If the owner of the property to whom or to which
a notice to remove on offending trees, bushes or shrubs shall be sent
under the provisions of this chapter, fails to remove the offending
trees, bushes or shrubs within the time limit prescribed by such notice,
he shall be guilty of a violation of this chapter, and, upon conviction,
shall be sentenced to pay a fine not exceeding $600, plus costs of
prosecution, and, in default of payment of said fine and costs, to
imprisonment not to exceed 30 days for each violation of this chapter.
[Adopted 6-10-2019 by Ord. No. 751]
A.
The Borough Council of the Borough of Churchill may create a Tree
Committee to be composed of not less than three and not more than
five members. Each member will be appointed by Borough Council for
a term of three years. Members will serve on a voluntary basis at
the pleasure of Council and any member of the Tree Committee may be
removed prior to the expiration of his or her appointed term for any
reason. Efforts shall be made by Council to have one or more members
of the Tree Committee with a horticultural background so as to provide
helpful and accurate guidance to the Committee and the community at
large. Members of the Tree Committee may be appointed for consecutive
terms at the discretion of Council.
B.
The goal of the Tree Committee shall be to:
(1)
Advise the Borough in the maintenance and enhancement of the tree
population of the Borough's public spaces, rights-of-way, streets,
public playgrounds, highways and parks located within the Borough;
and
(2)
To establish an educational program regarding the value of trees
to the community's environment and property values.
C.
Findings and recommendations of the Tree Committee shall be reported
to Borough Council on a quarterly basis, including quarterly meetings,
for the purpose of taking into consideration and acting upon such
recommendations and proper enforcement of ongoing violations.
A.
Any individual or entity must apply for and obtain a permit from
the Borough Manager before 1) removing a tree located within the public
right-of-way; or 2) planting a tree within the public right-of-way.
Any construction activities involving the removal or alteration of
a tree or trees located within the public right-of-way shall require
a permit as described in this section and may require the appropriate
replacement of trees as a condition of permit approval. No invasive,
destructive or diseased tree species shall be permitted to be planted
in the public right-of-way. Activities within the public right-of-way
which damage tree root systems are prohibited. Costs associated with
the above activities are the responsibility of the property owner.
B.
The Borough Manager shall not issue a permit authorizing removal
of a tree from a public right-of-way unless 1) the tree constitutes
a potential hazard to life and/or property; 2) the tree constitutes
a potential threat to the uninterrupted service of public utilities
within the Borough; 3) the tree constitutes a public nuisance; or
4) the removal of the tree is consistent with a change or revision
in the planting plans for Borough trees. Trees considered to be an
immediate or imminent hazard to life and/or property, including trees
overhanging the traveled portion of a public right-of-way, and trees
overhanging or encroaching upon facilities of a public utility shall
be subject to immediate corrective action by the Borough with costs
assessed against the property owner.
C.
Removal and corrective activities to be performed by licensed tree
service; insurance.
[Amended 9-15-2020 by Ord. No. 754]
(1)
All removal and corrective activities, including trimming, pruning
or otherwise altering trees within public rights-of-way, shall be
performed by a duly licensed and bonded tree service. Any tree pruning
and/or height reduction shall be performed in accordance with the
current version of the American National Standards Institute ANSI
A300 (Part 1) — Pruning, as it may be amended. Topping cuts,
lion's tailing and rooster -tailing are specifically prohibited. The
tree service, prior to initiating any activity, shall provide evidence
of active workers' compensation insurance as well as public liability
insurance and property damage insurance as follows:
(a)
Public liability insurance in the amount of $500,000 for injuries,
including accidental death, to any one person and subject to the same
limit for each person in the amount of not less than $1,000,000 on
account of one accident.
(b)
Property damage insurance in an amount of not less than $100,000
to any one property and subject to the same limit for each property
in an amount of not less than $500,000 aggregate for one accident.
(2)
The property owner or tree service conducting the work must be able
to provide insurance certificates showing the required minimum coverage,
if requested by the Borough Manager.
(3)
Work performed by the employed tree service shall be conducted in
a manner consistent with the current version of the American National
Standard for Arboricultural Operations — Safety Requirements
ANSI Z133, as it may be amended, so as to insure the safety of those
workers involved with the tree alteration/removal/planting and to
further protect the trees from harm during the completion of such
work.
No person, firm or corporation shall plant or allow to grow any trees, shrubs or other vegetation encroaching above or into the traveled portion of any public rights-of-way, streets or highways unless the same shall have an adequate clearance, wet or dry, to permit pedestrian and/or vehicular traffic and unless the trees, shrubs or other vegetation do not obstruct sight lines or otherwise create a hazardous condition. The Borough Manager and/or Borough Council, with consultation from the Tree Committee and the Department of Public Works, if necessary, shall determine any violation of this section and shall notify all responsible parties of the clearance or trimming activities required to abate the violation. Any person, firm, or corporation failing to initiate a process to abate a violation within a reasonable period of time of receiving a notice of violation under this section may be subject to the penalties described in § 286-8 of this Code.
A.
Any person, firm or corporation violating any of the provisions of
this article shall, upon conviction thereof, be subject to a fine
of not less than $100 nor more than $1,000, plus costs of prosecution,
or the Borough may elect to collect such judgments and costs by execution
or other process as provided by law. Each day that a violation continues
may be considered a separate offense as legally permissible, at the
discretion of the Borough.
B.
In lieu of or in addition to the penalty hereinabove provided, the
Borough of Churchill, at its option, may require the person injuring,
removing or failing to remove any trees, shrubs or other vegetation
in violation of this article to replace or remove the trees, shrubs
or other vegetation, or correct the damage caused. In the event of
a default, the Borough of Churchill may replace, remove or correct
any such trees or condition, with all costs incurred by the Borough
of Churchill to be collected by suit in assumpsit or the filing of
lien, as provided by law.
C.
Where a tree, shrub or other vegetation creates an immediate health
and safety hazard to the public in the reasonable determination of
the Borough, the Borough may remove the tree, shrub or other vegetation
without notice with all costs incurred by the Borough to be collected
by suit in assumpsit or the filing of lien as provided by law.
As used in this article, the following terms shall have the
meanings indicated:
The duly appointed members of the Tree Committee of the Borough
of Churchill.
The area of any public street, road, highway or other publicly
held thoroughfare that has been designated by law for public use as
a right-of-way.
Any public street, avenue, road, drive, circle, square, alley,
way, highway, sidewalk or other public place located in the Borough,
as established within the ordained rights-of-way.
When used by itself, any woody plant which generally includes
those having a single main stem which grows to a mature height of
over 10 feet planted into any right-of-way, or has at least one-half
of trunk, branches or roots extending into any right-of-way.
