[HISTORY: Adopted by the Borough Council
of the Borough of Kane as indicated in article histories. Amendments
noted where applicable.]
[Adopted 12-6-1982 by Ord. No. A-822
as Ch. 25 of the 1982 Code]
It shall be unlawful for any person to plant,
maintain or allow to grow any Carolina poplar or willow within the
lines of any street, alley or sidewalk in the Borough of Kane or within
100 feet of any public sewer or water line.
Any person who shall violate any provision of
this article shall, upon conviction thereof, be sentenced to pay a
fine not exceeding $300 and costs of prosecution, or to undergo imprisonment
for a term not to exceed 30 days.
[Adopted 9-14-1998 by Ord. No. A-932]
This article may be referred to as the "Municipal
Shade Tree Ordinance of the Borough of Kane."
As used in this article, the following terms
shall have the meanings indicated:
Any tree located within Borough rights of way.
Contiguous land under one ownership.
Any individual, partnership, company, association, corporation
or other group or entity which engages in the cutting, topping, trimming,
pruning, or any other activity which cuts into trees or roots of trees
on real property on which the person is neither owner nor acting on
behalf of the owner. Throughout this article, the singular shall include
the plural, the plural shall include the singular, and the masculine
shall include the feminine and the neuter.
A tree on private land not within Borough streets.
Trees within Borough streets (any area, all or a portion
of which is within the right-of-way of a street officially accepted
and opened as a Borough street).
Such injury and damage which endangers the continued life
of any tree.
The ordinances, resolutions, rules and regulations adopted
by the Borough Council and relating to trees within the Borough streets.
The cutting back of limbs to stubs larger than three inches
in diameter within the tree's crown to such a degree as to substantially
remove the natural canopy.
A woody plant with one or more main trunks which generally
reach 20 feet or more in height, at maturity.
Any area within the right-of-way of a street officially accepted
and opened as a Borough street.
[Amended 1-4-2010 by Ord. No. A-994]
It shall be unlawful for any person to conduct
any of the following activities without a permit issued by the Borough
pursuant to and in accordance with the Street Tree Management Plan:
A.
To cut down,
prune or cause to be cut down or pruned, any tree within Borough streets:
except trimming of low branches that interfere with use of the street
or sidewalk.
B.
To trim
any trees within Borough streets when trimming activity is performed
by or on behalf of a utility company on two or more parcels of land
as one work project.
C.
To fasten
externally ropes, wires, cables, electric attachments, signs or other
devices to a tree within Borough streets.
D.
To cut or
disturb roots, to obstruct free access of air and water to roots,
excluding sidewalk replacement, or to undertake demolition or construction
work without protecting or guarding nearby trees, where such activity
is likely to cause substantial injury or destruction of a tree within
Borough streets, as determined by the Shade Tree Commission or its
designee.
A.
To obtain any permit to conduct any activities governed
by this article, a written application together with such fee as may
be established from time to time by resolution of Borough Council
shall be submitted to the Borough. The application shall contain the
following information:
(1)
Name, address and phone number of the applicant.
(2)
Location and description of property on which activity
requiring permit is to occur.
(3)
A description of activity to be undertaken and requiring
a permit including a description of trees affected; their location
with respect to streets, property lines, sidewalks and structures;
persons doing the work; and any other information requested by the
Borough and reasonably necessary to determine whether a permit should
be issued. Time frame, duration of work, traffic control plan and
season of year must be included.
(4)
For all persons engaged in tree cutting, pruning and
removal activities for a fee or as a business the applicant shall
be required to demonstrate possession of liability insurance coveting
the activities involved in minimum amounts to be established by the
Borough from time to time for bodily injury, death and property damage.
In addition, should such persons retain one or more other persons
to assist in the performance of such activities, proof of adequate
workers' compensation insurance will be required prior to commencement
of said activities.
(5)
Applications for permits for multiple tree trimming
by utilities must describe the area of the work project.
(6)
Applicant must certify that he has notified all utilities
which may be affected by the activity.
B.
A permit shall be issued only after the Shade Tree
Commission, or its designee, determines that the pruning or cutting
down of a tree, or other matter or activity involving a tree or trees
within a Borough street, will be performed in accordance with the
Street Tree Management Plan.
[Amended 1-4-2010 by Ord. No. A-994]
C.
No permit shall be issued by the Borough except upon
the direction of the Shade Tree Commission or its designee.
D.
A permit shall not be required for an activity conducted
because of an emergency threatening individuals or property. Within
30 days following such activity, the person(s) conducting the activity
shall file with the Borough a report identifying location and description
of trees cut, pruned or removed.
[1]
Editor's Note: Former § 234-7, Obligation of owners,
was repealed 1-4-2010 by Ord. No. A-994.
A.
Tree care within Borough streets.
(1)
The Borough shall have the right, but not the duty,
to plant trees within Borough streets to preserve and to enhance the
symmetry and beauty of the Borough streets.
(2)
The Borough shall have the right, but not the duty,
to trim, maintain and remove trees within Borough streets which may
be dead, diseased or in an unsafe condition or which may interfere
with or cause harm to sewers, water lines and other public utilities,
or to public improvements which may pose a high risk to traffic or
pedestrians, which may interfere with traffic control devices or street
lights, which may have been damaged by storm or other occurrence or
which in any other manner may pose a threat to the public health or
safety.
(3)
The Borough shall have the right, but not the duty,
to treat or arrange for treatment of trees within Borough streets
by spray or other appropriate means to protect them from imminent
infestation.
(4)
Except with respect to trees which have been planted
by the borough, the borough shall make reasonable efforts to provide
the owner of adjacent property with notice of its planned action with
respect to trees within borough streets and to obtain consents to
proposed actions by such owner.
(5)
The borough has the right to obtain permission from
property owners, to plant trees on private land along streets with
nonexistent or too narrow a space for tree-zone planting. Such trees
shall be under the same regulations as other trees planted by the
borough within borough limits.
(6)
Whenever appropriate, the borough shall plant a new
tree to replace each tree removed at the determination of the Shade
Tree Commission. Replacement trees planted by the borough shall be
sited according to recommendation of the Shade Tree Commission, as
per standards and specifications outlined in guidelines established
by resolution of Borough Council.
(7)
In all instances, the borough shall avoid unnecessary
removal of trees which, in the determination of the Shade Tree Commission,
would live with proper care and maintenance.
B.
The Shade Tree Commission shall manage a continuous
inventory of street trees, develop and establish regulations for the
various classifications of trees, including the goal of specifying
mature tree size in keeping with the architecture of an area and the
planting, maintenance, protection and removal of trees within borough
streets. These regulations shall be established by resolution of Borough
Council.
A.
The Commission shall develop short-term and long-term
plans for the care and maintenance of borough trees to be reviewed
and approved annually by the Borough Council. The Commission shall
study and make recommendations to the Council on all matters affecting
trees within borough streets, including proposed ordinances and regulations
for the placement, removal, care and protection of trees.
B.
The Commission may solicit and accept grants and contributions.
Funds obtained by the Commission in the form of grants and contributions
shall be placed in a Memorial Tree Fund or other special fund established
by the borough and may be used by the Commission in a manner approved
by the Borough Council. Such funds shall be deposited and administered
as funds and accounts of the borough.
C.
The Commission shall make an annual report in full
to the Borough Council, in writing, of its transactions and expenses
hr the preceding fiscal year, and provide proposed budget appropriations
for the ensuing fiscal year.
D.
The Commission may provide to the public, on a periodic
basis, educational and other information regarding its activities,
proper tree care and the like.
A.
When used within this section, the word "person" shall
include the owner(s) of subject land and those acting on behalf of
the owner(s).
B.
Any person who shall violate or fail to comply with
the provisions of this article and regulations established hereunder
shall be served with a written order issued by the borough requiring
such action as appropriate to correct the violation.
C.
The orders shall require correction of the violation
within a period of not more than 30 days, except that in the case
of emergency involving imminent risk to public health or safety, the
orders will require appropriate and immediate correction.
D.
Any person who is aggrieved by any order issued pursuant
to this section may appeal the order to the Borough Council, by filing
a written notice of appeal with the office of the Borough Manager
within 10 days of the date of the subject order or notice and said
Borough Council shall then conduct an hearing in accordance with the
Pennsylvania Local Agency Law to determine whether the order was properly
issued and whether the appellant is entitled to relief from the order.
The Borough Council shall respond within 45 days.
E.
In the event that a person fails or refuses to comply
with any order of the borough which is not subject to continuing appeal
as provided by this article or by general law or otherwise fails to
correct any prohibited condition or to cease any continuing violation
then the borough may take one or more of the following actions:
(1)
Revoke any permit issued pursuant to the provisions
of this article.
(2)
Correct or remedy the subject condition or violation
at the cost of the property owner or other person responsible for
the violation or subject condition. This cost together with an administrative
fee shalt be paid by the property owner or other person responsible
for the violation or for failing to take any action required. Property
owners and other persons responsible for the violation shall be jointly
and severally liable for the compliance with the provisions of this
article and regulations issued hereunder and for the payment of any
and all sums which may be due to the borough.
(3)
Should any property owner or other person responsible
for the violation fail to pay the cost of any corrective action together
with the administrative fee authorized herein, such costs may be assessed
against the subject premises and the owners thereof and collected
as a municipal lien or collected otherwise as permitted by law.
(4)
Institute a summary proceeding before the District Magistrate for imposition of a penalty as provided for under § 234-10F.
(5)
Proceed with an action as permitted by law for any
other appropriate relief at law or in equity.
F.
Penalty. Any persons who shall violate the terms of
this article shall, upon summary conviction thereof before a District
Magistrate, be sentenced to pay a fine not to exceed $300, and costs
of prosecution, or to undergo imprisonment for a term not to exceed
30 days for a single violation. Each day during which any violation
is continued shall be deemed to be a separate offense.
