[HISTORY: Adopted by the Borough Council
of the Borough of Columbia 9-13-1982 by Ord. No. 574 (Ch. 71 of the 1971 Code).
Amendments noted where applicable.]
[Amended 12-16-2003 by Ord. No. 726]
There is hereby created a commission to be known
and designated as the "Shade Tree Commission of the Borough of Columbia,"
pursuant to the provisions of the Act of February 1, 1966, P.L. (1965)
1656, No. 581, § 2721 (53 P.S. § 47721 et seq.).[1]
[1]
Editor's Note: See now 8 Pa.C.S.A. § 2721 et seq.
[Amended 12-12-1994 by Ord. No. 657]
The Shade Tree Commission shall be composed
of five residents of the Borough, who shall be appointed by the Council
for terms of five years and shall serve without compensation. The
members first appointed pursuant to this article shall be appointed
so that only one member's term shall expire each year. Vacancies shall
be filled by appointment by the Council for any unexpired terms or
upon completion of a term.
The Shade Tree Commission shall annually report
in full to the Mayor and Council its transactions.
The Shade Tree Commission may make, publish
and enforce regulations for the care and protection of the shade trees
of the Borough. No such regulation shall be in force until it has
been approved and ordained by the Borough Council and published at
least twice in newspapers of general circulation in the Borough.
The Commission shall have exclusive custody
and control of the shade trees in and upon the highways of the Borough
and of trees whose branches extend over and above such highways or
whose continued existence shall be a menace to the using of such highways
and is authorized to plant, remove, maintain and protect shade trees
on said highways and on all property of the Borough of Columbia.
The Commission may, with the approval of the
Borough Council, employ and pay such necessary assistants as may be
required to perform the duties devolving upon it.
Whenever said Commission proposes to plant or
transplant any shade tree or remove shade trees on any highways, which
may be a menace to the users of such highways, notice of the time
and place of the meeting at which such work is to be considered shall
be given once a week for two weeks immediately preceding the meeting
in a newspaper having general circulation in the Borough, which notice
shall specify, in detail, the highways or portions thereof upon which
the work is to be done; or by personal service of 10 days' written
notice thereof to the owner or owners; or by leaving 10 days' written
notice thereof at the place of business of the owner; or, if the owner
is not found in Columbia, Pennsylvania, then by sending 10 days' written
notice thereof by the United States mail, with the return address
thereon, to the last known address of said owner; or by posting a
copy of said written notice thereon in a conspicuous place on the
property affected.
[Amended 5-12-2014 by Ord. No. 849]
The cost of planting, transplanting or removing
any shade trees in the highways or which are a menace to the public
use of such highways, the construction of guards, curbing or grading
for the protection thereof and the replacement of any pavement or
sidewalk necessarily disturbed shall be paid by the owner of the real
estate on whose property the work is done, which cost as to each freeholder
shall be ascertained by the Commission and certified to the Borough
Council and to the Borough Treasurer, unless arrangements are made
by the Shade Tree Commission.
Upon the filing of the certificate of cost with
the Council, the Borough Clerk shall cause 30 days' written notice
to be given by mail to the person or persons against whose property
an assessment has been made, stating the amount of the assessment
and the time and place of payment and accompanied by a copy of the
certificate. Said cost so certified shall be a lien from the time
of filing of the certificate with the Council, and if not paid within
30 days from the date of notice, a claim may be filed and collected
by the Borough Solicitor in the same manner as municipal claims are
filed and collected.
Any person or persons violating or failing to
comply with any of the provisions of this article or any regulations
adopted in pursuance of this article shall, upon conviction, be required
to pay a penalty as specified in the Shade Tree Regulations.[1]
The Commission shall have other powers and duties
as are set forth in the Borough Code.
The following words and phrases, when used in
this article, shall have the meanings hereby ascribed to them, except
in those instances where the context already indicates a different
meaning:
The Shade Tree Commission of the Borough of Columbia.
Any permit in writing as issued by the Secretary of the Shade
Tree Commission.
Any natural person, firm, association, partnership or corporation.
Any street, sidewalk or alley open to the public.
The Secretary of the Shade Tree Commission of the Borough
of Columbia.
Any tree, shrub or other woody plant on any public highway
in the Borough of Columbia or that part of any tree, shrub or other
woody plant which extends within the lines of any public highway.
The Shade Tree Commission shall have the exclusive
custody and control of the shade trees on and along the streets and
highways of the Borough and may plant, remove, maintain and protect
shade trees along the public highways of the Borough. The Commission
may require the planting or replanting of shade trees along the public
highways of the Borough. The kind of trees and alignment and locating
of the trees shall be determined by the Commission but shall not prevent
necessary and reasonable use of the streets, sidewalks, or abutting
property or the conduct of business.
[Amended 11-10-1986 by Ord. No. 598; 2-12-2001 by Ord. No. 699]
Violators of Article I, Shade Tree Commission, of this chapter and any regulations adopted in pursuance thereof shall be required to pay a penalty of not more than $600, plus costs of prosecution, and, in default of payment of such fine and costs, be subject to imprisonment for a term not exceeding 30 days.
[Amended 8-9-2004 by Ord. No. 739]
The application for any permit required hereunder
shall be made in writing to the Commission before a property owner
may plant, remove or alter any shade tree along any public highway.
It shall specify the particular kind of work or operation the applicant
desires to perform thereunder and shall state the exact location and
the species of trees to be affected. It shall be the duty of the Secretary
to submit every such application promptly to the Commission for approval
or disapproval. The Commission shall act upon such application within
45 days from the date the application is submitted to the Commission.
The permit shall be effective for such length of time as the Commission
shall in each case determine, and such time shall be indicated on
the permit. Any such permit may be revoked at any time upon proof
satisfactory to the Commission that any of the terms or conditions
of the permit have been violated.
A.
Permit to be obtained; exception.
(1)
No person shall plant, cut down or remove any shade
trees under the jurisdiction of the Shade Tree Commission or fasten
any sign, wire, rope or other materials to, around or through any
such shade tree or deposit, place, store or maintain any stone, brick,
sand, concrete or other material which may impede the free passage
of water, air or fertilizer to the roots of any such shade tree, unless
he shall first obtain a permit from the Shade Tree Commission so to
do.
(2)
Exception. Newly planted trees may be guyed to provide
stability during the first growing season.
B.
No person shall move any building or other object
on or over any public street or highway within the Borough in such
a manner as to damage or injure any shade tree or shrub in such street
or highway, unless he first obtains a permit from the Shade Tree Commission
so to do.
C.
As a condition to any permit to move any building
or object on or over any public street or highway, the Shade Tree
Commission may require the applicant to furnish bond in the amount
sufficient to cover any damage or injury to any shade tree or shrubs
in such street, and it may direct the route of any such moving so
as to minimize damage or injury to shade trees and shrubs.
As a condition to any permit to remove any shade
tree or existing tree stump, the Shade Tree Commission may require
that the applicant plant, at his expense, another tree in the place
of the one removed. The Shade Tree Commission, in such case, shall
direct the type, size and location of the tree to be planted and the
time within which the work shall be done.
In the event of a shade tree being damaged,
the Shade Tree Commission may make a charge for repairs to the tree
plus the devaluation of the tree against the person causing the damage
to said tree. In the event of a shade tree being destroyed by any
person, the Shade Tree Commission may make a charge for the appraised
value of the tree, plus the cost of removal and replacement thereof,
against the person causing the destruction of said tree.
[Amended 5-12-2014 by Ord. No. 849]
In the event that any shade tree or trees are
felled by storm or other casualty, said trees, branches or stumps
thereof shall be removed from the cartway by the Borough without charge.
Replacement of such trees will be made at the discretion of the Shade
Tree Commission and at the expense of the property owner or Shade
Tree Commission, as determined by the Commission.
No person shall break, injure, mutilate, kill
or destroy any shade tree or set fire or permit any fire to burn where
such a fire or the heat thereof will injure any shade tree, and no
person shall knowingly permit any leak to exist in any gas or steam
pipe or main without the root zone of any such shade tree or permit
any toxic chemical, either solid or liquid, to seep, drain or be emptied
on or about any such shade tree.
Whenever the Shade Tree Commission determines
it to be necessary to prune, remove or to do other maintenance work
to any shade tree which may temporarily interrupt electric or other
utility services, the property owner affected by the curtailment of
utilities shall be given written notice of such work. Utilities shall
also be given written notice of such work and will be allowed 24 hours
in which to comply with said notice.
[Amended 5-12-2014 by Ord. No. 849]
The owner of the property shall trim branches
from a shade tree overhanging the streets and highways of the Borough
so that they will not obstruct the light from any streetlight and
so that there shall be a clear height of 12 feet above the surface
of the street and 12 feet over the sidewalk. If any property owner
shall neglect or refuse to trim any shade tree as required by this
section, upon notice in writing by the Commission, within the time
limits specified in such notice, the Commission may cause such trimming
to be done at the expense of the owner or as determined by the Shade
Tree Commission. The practice of topping of trees is prohibited without
the consent of the Shade Tree Commission.
All permits issued for the installation of public
utility facilities shall have prior approval of the Commission.
[Amended 5-12-2014 by Ord. No. 849]
The Commission shall plant or permit to be planted
trees of not less than 1 1/2 inches in diameter, 72 inches above
the ground, symmetrical in shape, with a clean trunk and straight
without branches for a distance of six feet from the ground. The planting
of any species other than those of the approved list on file in the
Borough office is prohibited. In addition, overhead wires and underground
utilities will determine the placement of a tree and its maximum height
at maturity.
[Amended 5-12-2014 by Ord. No. 849]
The spacing between newly planted shade trees
shall not be less than 30 feet. No shade tree shall be planted less
than 30 feet from a curb intersection, or less than 15 feet from a
fire hydrant, sewer inlet, light standard or utility pole unless a
waiver is granted by the Commission.
When any tree along the streets or highways
of the Borough or growing on private property but overhanging any
street or highway, in the opinion of the Commission, endangers the
life, health, safety or property of the public or is afflicted by
any contagious disease or insect infestation, it shall be within the
discretion of the Commission to determine what remedy is necessary
and whether or not such tree must be removed. The owner of the property
shall be notified in writing of the existence of the danger, disease
or insect infestation and shall be given reasonable time for removal
of the same at the expense of the owner, except when trees are infected
with Dutch Elm disease. In such case, no notice is necessary, and
the Borough shall immediately take steps to remove such trees at the
property owner's expense. If a dangerous, diseased or infested tree
is not removed or corrected within the allotted time by the property
owner, the Commission shall cause the matter to be corrected or the
tree removed, and the costs thereof shall be assessed to the owner
of the property.
[Amended 5-12-2014 by Ord. No. 849]
An open space of at least 60 inches by 36 inches
must be allowed for the planting of a shade tree. When a tree has
outgrown this space or when a sidewalk has been laid without allowing
for such space, the sidewalk must be repaired at the expense of the
property owner so that at least 12 inches will be left between the
base of the tree and the edge of the pavement.
No shade tree shall be planted on any street
or highway of the Borough where curbs have not been constructed, unless
approved by the Commission. The Commission will then specify the species
of tree and plant location.
There shall be close cooperation between the
Commission and other Borough departments when their work affects shade
trees on or along the streets and highways of the Borough. The Commission
shall approve all building permits that may affect shade trees of
the Borough. All sewer, lighting and paving plans shall be cleared
with the Commission.
