[HISTORY: Adopted by the Borough Council
of the Borough of Wilkinsburg 6-28-1993 as Ord. No. 2431. Amendments
noted where applicable.]
The following terms shall have the meanings
assigned them below for purposes of this chapter. The present tense
shall be taken to include the future tense; the word "shall" shall
be taken as mandatory; words in the singular shall be taken to include
the plural, and vice versa.
The Borough of Wilkinsburg.
The Citizens Advisory Committee on Shade Trees.
The Borough Council of the Borough of Wilkinsburg.
The Department of Public Service of the Borough of Wilkinsburg.
The Director of the Department of Public Service of the Borough
of Wilkinsburg, or his/her designee.
The Borough Manager of the Borough of Wilkinsburg, or his/her
designee.
Any individual, firm, partnership, association, corporation,
company or organization of any kind.
Any public right-of-way, park, easement or other area under
the control of the Borough of Wilkinsburg.
Any tree, shrub, bush or woody vegetation of any kind.
Written notification sent to property owners by first class
mail and postmarked at least seven (7) days before any action is to
be taken, or at least fifteen (15) days in the case of notification
of a public hearing.
A.
Membership.
(1)
In accordance with Borough Resolution Nos. 9226 and
9447,[1] the Committee shall be composed of seven (7) members,
who shall be residents of the borough and appointed by Council. Each
member shall be appointed annually for a term of three (3) years.
A vacancy for reason other than term expiration shall be filled for
the unexpired term.
[Amended 9-28-1994 by Ord. No. 2467]
[1]
Editor's Note: Said resolutions are on file
in the borough offices.
(2)
The Committee members shall serve without pay, but
may be reimbursed for expenses previously authorized by Council from
the funds budgeted annually for such purposes.
B.
Organization, records and meetings.
(1)
The Committee may elect a Chairperson and such other
officers as they deem necessary. The Committee will meet with whatever
frequency they consider necessary to accomplish the work at hand,
but no less frequently than every other month. A written record shall
be kept of all meetings and made available to Council for its reference.
The Committee shall submit annually a full report of its activities
and a summary of approved expenses for the last fiscal year of the
borough.
(2)
The meetings of the Committee shall be public, and
interested citizens of the borough shall be encouraged to attend and
create a volunteer group to assist the Committee members in their
work. Such volunteers, however, shall not have voting rights on the
Committee.
C.
Responsibilities. In consideration of Council's desire,
as expressed in Council Resolution No. 9226, the Committee shall develop
a selected planting list, a tree planting program and schedule and
a tree pruning and removal program and schedule, the latter to include
a consideration of effective streetlighting and that the Committee
open communications with both Duquesne Light Company about its pruning
activities and with the citizens of the borough. The Committee shall
have the following responsibilities:
(1)
The Committee shall develop, with the approval of
Council, a comprehensive program for trees in public areas of the
borough. The program should be developed in consultation with the
Department, to which will fall much of the role of carrying it out.
The program shall include, but not be restricted to, the following
elements:
(a)
A complete inventory of trees in public areas
of the borough, showing the condition of the trees and other factors
to be determined by the Committee in collaboration with the Director;
the inventory shall include likely planting sites.
(b)
A plan for planting new street trees, to include
means for communicating with residents about the availability of new
plantings, so as to place the new trees where they are most wanted.
(c)
A list of desirable and undesirable species
for planting in various locations, said list to be based on the best
information available and to be kept up-to-date as new information
becomes available; the list shall include categories of small, medium
and large trees and recommendations about spacing.
(d)
Recommendations for practical and economical
strategies for tree maintenance.
(e)
Recommendations for a public education/information
program concerning the importance and care of trees.
(2)
With the approval of Council, the Committee may solicit
and accept grants and contributions on behalf of the borough, provided
that such grants and contributions be made to underwrite the legitimate
activities outlined in this chapter. Funds so obtained will be expended
for the specific purpose(s) and/or stipulations set by the grantor
or the Committee with the specific approval of Council.
(4)
The Committee may work with the Planning Commission
of the borough whenever new developments are under consideration to
ensure that appropriate plantings are included in the final plans.
(5)
The Committee is advisory in nature and is established
to provide information to the borough government, borough citizens
and utility companies on tree planting and care.
The Department is hereby authorized to perform
the following activities with regard to trees:
A.
Adopt policies, rules and regulations. In consultation with the Committee, the Department shall adopt policies to control tree trimming, cabling, spraying, root cutting and other work on trees in public areas by contractors, abutting property owners and/or others. With such policies in place, it may issue permits as described in § 241-6.
B.
Maintain existing trees. By using the inventory referred to in § 241-2C(1) and through reports made by residents of the borough, and its own observations of the need for maintenance, the Department shall maintain the existing trees in public places. In carrying out maintenance work, the Department shall adhere as closely as possible to the Rules and Regulations for Arbor Work. In cases where such maintenance of public trees is to be carried out by a private contractor, it shall be the responsibility of the Director to see that the Rules and Regulations for Arbor Work are adhered to.
C.
Supervise contractors employed by utility companies
and others for arbor work. The Director shall accompany the crews
of such contractors and direct the pruning on a tree by tree basis,
working to minimize the topping of trees and encouraging the dropcrotch
pruning illustrated in the Rules and Regulations for Arbor Work. If
the contractor has failed to give the Director adequate notice that
such work is to be done, and the Director's schedule cannot accommodate
such a use of his/her time, the Director shall require the contractor
to postpone the work until a more suitable time.
D.
Plant new trees in public areas. Working in collaboration
with the Committee, the Department may plant new trees in accordance
with the Comprehensive Plan for the borough referred to in § 241-C(1).
E.
Deal with potentially hazardous trees on private property. The Director may order the removal, partial removal or treatment of any tree on private property which in his/her opinion is sufficiently diseased, damaged or in such condition as to constitute a potential hazard to the public or to trees on public property. Property owners so ordered shall have ten (10) days after receipt of the order to appeal the decision to Council. The decision of Council shall be appealable as provided by law. Appeals to Council shall be recorded in the minutes of Council and shall include a determination of the facts of the case. Following a determination by Council that a certain action shall be taken with respect to such a tree, the property owner shall have ten (10) days to comply. Failure to comply shall render the property owner subject to the penalty specified in § 241-8B. In such a case of failure to comply, the Director is authorized to carry out the work, assessing such work to the property owner.
F.
Deal with immediate hazards on private property. When,
in the opinion of the Director, a tree on private property constitutes
an immediate hazard to the public or to trees in public areas, the
Director will immediately notify the property owner of the hazard
and request its elimination. If the hazard is not eliminated within
five (5) days, the matter shall be considered by the Borough Manager.
Upon the Manager's determination that an immediate hazard exists,
the Director may act to eliminate the hazard, no sooner than five
(5) days after providing the property owner with written notice of
the intended action. The cost for such work shall be assessed against
the property owner.
G.
Deal with potentially hazardous trees in public areas. After identifying for removal, through the inventory referred to in § 241-2C(1) or through other means, trees in public areas sufficiently diseased or damaged as to constitute a hazard to the public, the Director shall notify the Manager and the adjacent property owner(s) of the intent to remove the tree(s). The property owner(s) shall have five (5) days from the receipt of such notice to appeal the decision to the Manager, who shall make a determination.
H.
Deal with immediate hazards in public areas. When,
in the opinion of the Director, a tree or portion of a tree in a public
area constitutes an immediate hazard to the public, the Director may
remove the hazard without notice.
A.
The cost of planting, transplanting or removing any
shade trees in and along the streets and highways in the borough shall
be paid for by the owner of the real estate abutting the area where
the work is done. The amount each owner is to pay shall be ascertained
and certified by the Director to the Manager and to the Borough Treasurer.
B.
At the discretion of Council, however, such work may
be paid for through other funds, such as those budgeted annually for
shade trees, or those awarded for such projects through proposals
submitted, or donations made by public or private persons or agencies.
The borough is authorized to accept easements
from property owners to plant and maintain trees on private property
within twelve (12) feet of the boundary of a public area. Such easements
shall be in writing, executed and acknowledged by such property owners,
and shall be recorded in the office of the Allegheny County Recorder
of Deeds.
A.
The Department is authorized to issue permits for
certain work on borough trees by persons not borough employees, and
to charge a nominal fee for issuance of such permits, such fees to
be accounted for and added to the total budget for shade trees in
the borough. Permits shall be required for the following acts:
(1)
Planting, treating, pruning, removing, applying fertilizer
or any chemical substance to or otherwise disturbing any tree located
in public areas.
(2)
Trimming, pruning or removing any tree on private
property, or portions of such a tree, if the tree or parts of it may
reasonably be expected to fall in public areas and cause damage to
persons or property or interfere with pedestrian or vehicular traffic
using the public right-of-way or public easements.
(3)
Placing in a public area, either above or below ground
level, a container for trees, shrubs or other plants.
(4)
Transplanting any tree located in a public area.
(5)
Attaching any rope, wire, nail, sign, poster or other
object to any tree located in a public area.
(6)
Damaging or cutting roots by tunneling, trenching
or digging in public areas for the purpose of installation or repair
of sidewalk, curb, gas or plumbing pipes or conduits, electric lines,
etc.
B.
Permits shall be in writing and shall specify which
of these activities is to be permitted and the time period in which
it may be carried out, which shall not exceed ninety (90) days. All
work shall be performed in accordance with the Rules and Regulations
for Arbor Work, which the Department shall make available to the applicant.
Wherever possible, the Director will ascertain that the applicant
is following the Rules and Regulations for Arbor Work and, in the
case of observed or reported violations, may revoke the permit. Revocations
may be appealed to the Manager within five (5) days of the notice
of revocation, at which time the Manager may, at his/her discretion,
present the matter to Council for fact-finding.
C.
Nothing in this section shall be construed as exempting
abutting property owners or public utility companies, or any other
person or agency from any of the requirements of this chapter.
It shall be unlawful for any person to:
A.
Cut, break, climb with spikes, disturb the roots of or otherwise injure or destroy trees in any public area, or to authorize such actions. It shall not be considered a violation to trim trees or perform other activities with a valid permit from the Department specific to the tree(s) involved in accordance with § 241-6 of this chapter.
B.
Cause or allow any wire or other electrical conduit
to come into contact with any tree in a public area without a written
permit from the Department specific to the exact tree or trees.
C.
Cause or allow any oil, gasoline, herbicide, paint,
brine, hot water, steam or other gas, liquid or solid substance harmful
to trees to come into contact with any tree in a public area, or to
enter the soil near the base or root system of a tree in any manner
that might harm or kill the tree.
D.
Interfere with the agents or employees of the borough
while they are planting, inspecting, maintaining or removing trees.
E.
Supervise or authorize construction, alternations,
repairs or demolition activities in the vicinity of any tree in any
public area without first placing sufficient guards or protectors
as shall prevent injury or destruction of said tree arising out of
the activities. The placement of guards or protectors shall be in
accordance with Department rules and regulations or with written authorization
of the Director.
F.
Place or maintain upon the ground any asphalt, cement,
stone or other material or substances in such a way as they may obstruct
or further obstruct free access of air and water to the roots of any
tree in any public area.
G.
Fasten any rope, wire, electric attachment, sign or
other device to any tree in any public area, or to any guard about
such tree without a written permit from the Department, specific to
the tree(s) involved.
H.
Plant, prune, fertilize or apply fungicides, insecticides
or other chemical substances to any tree in any public area without
a written permit from the Department, specific to the tree(s) involved.
I.
Remove or tamper with any object or device set for
the protection or treatment of any tree in any public area without
a written permit from the Department, specific to the tree(s) involved.
J.
Pile any building material or make any mortar or cement
within six (6) feet of any tree in any public area.
K.
Hitch or fasten any animal, bicycle or vehicle to
any tree in any public area.
A.
Any person violating the provisions of this chapter
shall, upon conviction before a District Justice of appropriate jurisdiction,
be liable to pay costs of prosecution and a fine as follows:
(1)
For willfully injuring or killing a living tree in
any public area by any means wherein it is determined by the District
Justice that the damage or destruction was intentionally caused, a
fine of not less than $200 nor more than $1,000, plus the cost of
treating or replacing the injured tree, shall be levied.
(2)
For the failure of a property owner to remove, partly
remove or treat a tree as ordered in accordance with this chapter,
the guilty party shall be fined not more than $100 per day. Each day
the property owner remains in violation shall constitute a separate
offense.
(3)
For all other violations, where it is determined by
the District Justice that damage or destruction to a tree in a public
area was not intentionally inflicted, a fine of not less than $25
nor more than $100, plus the cost of treating or replacing the damaged
tree, shall be levied.
B.
In default of the payment of such fine and costs, the guilty party shall be sentenced to a form of community service, preferably in aid of some phase of the comprehensive program for trees referred to in § 241-2C(1), or committed to the county jail for a period not to exceed 10 days for each violation or a maximum of 30 days.
C.
The Borough
may institute proceedings under this section by the issuance of a
"notice of violation letter," assessing a civil penalty ranging from
$10 to $1,000 for each offense, and provide the parties in violation
of said Code section the opportunity to abate the violation and pay
said civil penalty in lieu of the institution of proceedings and the
imposition of the other stated penalties set forth herein.
[Added 5-9-2012 by Ord. No. 2892]
