[HISTORY: Adopted by the Borough Council
of the Borough of Sayre 6-26-2006 by Ord. No. 842.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 134A.
[1]
Editor's Note: This ordinance superseded former
Ch. 153, Trees, adopted 1-9-1967 by Ord. No. 429 as Ch. 42 of the
1967 Code, as amended.
The purpose of this chapter is to establish
a desirable amount of tree cover on public lands within the Borough;
maintain Borough trees in a healthy and nonhazardous condition through
good arboricultural practices; establish and maintain appropriate
diversity in tree species and age classes to provide a stable and
sustainable urban forest; promote conservation of tree resources;
and select, situate and maintain street trees appropriately to minimize
hazard, nuisance, hardscape damage and maintenance costs.
As used in this chapter, the following terms
shall have the meanings indicated:
Borough of Sayre.
The paved portion of the roadway utilized for vehicular traffic.
The Building, Property Maintenance, and Zoning Enforcement
Official for Sayre Borough.
[Added 12-21-2016 by Ord.
No. 931]
Any dead, diseased, broken or mutilated trees, branches or
parts of trees which are in a state of decomposition and pose a threat
to public safety.
A written license granted by the Borough to a person to plant
or remove any shade tree in the Borough.
The initial cost of said permit shall be $10, subject to
the permit fee amount periodically changing by Borough resolution.
Any individual, firm, partnership, association, corporation,
company or organization of any kind.
Any planted tree located within the right-of-way of the public
streets and highways of the Borough. "Shade tree" does not include
trees growing naturally within the Borough rights-of-way.
The body that has jurisdiction over all street trees.
The entire width of every municipal way or right-of-way when
any part thereof is open to the use of the public, as a matter of
right, for purposes of vehicular and pedestrian traffic.
A large perennial plant with one main trunk and many branches.
That part of the street or highway right-of-way adjacent
to developed property, not covered by sidewalk or other paving, lying
between the sidewalk and that portion of the street or highway used
for vehicular traffic.
[Amended 9-18-2008 by Ord. No. 860]
A.
There is hereby created a commission to be known and
designated as the “Shade Tree Commission.” The Commission
shall consist of five members, all of whom shall be residents of the
Borough. All will serve without compensation.
B.
Two members shall serve for three years, two for four
years and one for five years. On the expiration of the term of any
Commissioner, a successor shall be appointed by the Council to serve
for a term of five years. Vacancies in the office of Commissioner
shall be filled by the Council for the expired term.
A.
The Shade Tree Commission and/or Code Officer shall
have exclusive custody and control of the shade trees in the Borough
and is authorized to plant, remove, maintain and protect shade trees
on the public streets within the municipality.
[Amended 12-21-2016 by Ord. No. 931]
B.
The duties of the Commission shall be as follows:
(1)
To study the problems and determine the needs of the
Borough regarding shade trees on the public streets.
(2)
To recommend to the Council the type and size of trees
to be planted upon the Borough streets or parts thereof as designated,
and to develop a tree replacement program along the treeless parkway
areas.
(3)
To assist the Council and Borough officials in the
dissemination of news and information regarding the selection, planting
and maintenance of trees upon the streets and to make such recommendations
from time to time to the Council as to desirable legislation concerning
the shade tree program and activities for the Borough.
(4)
To conduct regular and special meetings at which the
subject of shade trees may be discussed by the members of the Commission,
officers and personnel of the Borough and all others interested in
the shade tree program.
(5)
To annually report in full to the Council the transactions
and expenses of the Commission for the previous fiscal year.
C.
Within a reasonable time after the appointment of
said Commission and the approval of the members thereof, upon call
of the Council, said Commission shall meet and organize by the election
of a Chairman. The 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.
No person shall plant or remove any shade tree
under the jurisdiction of the Borough. Furthermore, no person shall
remove any healthy tree without permission from the Shade Tree Commission.
A.
It is the duty and responsibility of the property
owner or occupier of property abutting streets and highways in the
Borough to properly maintain any tree lawns adjoining the property.
This includes maintenance of trees and other vegetation in a manner
so as not to create a safety or liability problem for motorists, pedestrian
traffic or other activities within the right-of-way. The Borough may
require that the cost of tree planting, transplanting, trimming and
removal of street trees in the tree lawns be paid by the owner of
the real estate abutting the street where the work is to be done.
In areas where tree lawns exist, the setback for tree planting shall
be at a point halfway between the curb and sidewalk. However, no tree
shall be planted in a tree lawn within 15 feet of the near edge of
the curb of an intersecting street.
B.
In rural or undeveloped areas where sidewalks and curb are not present, the right-of-way may vary in width, but does exist. The abutting property owner shall be responsible for trees and other vegetation growing in the area between the edge of the cartway and the right-of-way line in such rural or undeveloped areas. Trees in these areas shall be pruned to conform with §§ 153-8 and 153-9. Where no curbing exists, the setback for tree planting shall be eight feet from the center of the drainage swale which parallels the cartway. In the absence of a drainage swale the setback shall be eight feet from the edge of the cartway. However, no tree shall be planted within 15 feet of the near edge of the cartway of an intersecting street.
C.
All trees and other vegetation within the Borough
rights-of-way must be pruned or trimmed in a manner to allow for full
visibility of street signage and the minimum required sight distance.
[Amended 12-21-2016 by Ord. No. 931]
A.
The Shade Tree Commission and/or Code Officer may,
upon 30 days’ written notice, require a property owner to cut
and remove trees afflicted with any disease or infested with any insect
that threatens to injure or destroy shade trees in the Borough. Upon
failure of any such owner to comply with such notice, the Borough
may undertake the work to be done and collect the costs thereof and
a 10% surcharge from the owner of the property.
B.
The property owner shall, if he does not agree with
the Shade Tree Commission and/or Code Officer to cut or remove a diseased
or infested tree, request a hearing before the Borough Council. The
Borough Council will conduct a hearing under the Local Agency Law.[1] The property owner, if he does not agree with the decision
of the Borough Council, may appeal the decision to the Bradford County
Court of Common Pleas.
[1]
Editor’s Note: See 2 Pa.C.S.A. §§ 551 and
751.
C.
The Shade Tree Commission and/or Code Officer will
consult a tree expert from the Penn State Cooperative Extension or
such other recognized tree expert to determine the diseased condition
of the tree and the need to remove said tree.
A.
Removal by the property owner of nondiseased trees
or those not infested by insects shall not be permitted unless, in
the judgment of the Shade Tree Commission and/or Code Officer, one
or more of the following criteria exist:
[Amended 12-21-2016 by Ord. No. 931]
(1)
A tree will sustain substantial damage due to the
installation or repair of underground utilities where no other alternative,
such as tunneling, sleeving or relocation, exists.
(2)
A tree is causing traffic safety problems and pruning
or other less invasive techniques would not eliminate the problems.
(3)
A tree has caused substantial sidewalk damage and
repair or replacement of the sidewalk would inflict serious root damage
to the tree.
B.
In the event that the property owner neglects or refuses
to maintain trees at the prescribed level within the time specified,
as notified, in writing, the Borough may perform such work at the
owner's expense in the same manner as otherwise specified in this
chapter.
Prior to a utility company trimming or pruning
a shade tree it shall present a report from a certified tree expert
indicating the proper pruning plan for said tree. In the event, because
of trimming or pruning, a tree has to be removed, the utility company
causing said damage to the tree shall be responsible for the removal
and replacement with an approved shade tree. The utility company shall
comply with the proper manner of trimming or pruning shade trees as
set forth in this chapter.
A.
All trimming and pruning of shade trees shall be done
in a manner to ensure natural growth of such tree and a natural appearance.
Poling or topping trees (removal of 2/3 or more of the crown) is specifically
prohibited.
B.
All pruning of shade trees within the Borough of Sayre
shall conform to an ANSI A300-1995 pruning standards, "Tree, Shrub
and other Woody Plant Maintenance Standard Practices." All work must
also conform to the latest revision of the American National Standards
Institute ANSI Z133.1 (Safety Requirements for Pruning, Trimming,
Repairing, Maintenance, Removing Trees and for Cutting Brush). Copies
of both standards, ANSI A300-1995 and ANSI Z133.1, are on file in
the Borough Hall.
All branches of shade trees shall be kept trimmed
in a manner to maintain a minimum height of 18 feet where they overhang
a street and eight feet where they overhang a sidewalk. All shade
trees standing on private property and having branches overhanging
sidewalks or streets shall also be kept pruned by the owner so the
lowest branches are in compliance with this section. In the event
that the property owner neglects or refuses to maintain trees at the
prescribed level within the time specified, as notified, in writing,
the Borough may perform such work at the owner's expense in the same
manner as otherwise specified in this chapter.
In the event that a shade tree or its parts
are felled by a storm or other accident, the tree shall be removed
from the cartway of the street by the Borough without charge. Property
owners shall be responsible for any other removal or cleanup.
In the event that a shade tree is damaged, the
Borough may charge for repairs or replacement or make a charge for
the appraised value of the tree against the person responsible for
the damage of said tree.
After removal of a tree, the remaining stump
shall be removed to a point not less than six inches below the grade
of the surrounding area. If a replacement tree is to be planted at
the same location, the stump will be removed to accommodate the replacement
tree.
The property owner shall trim or cause to be
trimmed any tree branches so that they do not obstruct light from
streetlights. In the event that the Borough performs said work, the
abutting property owner may be responsible for the expense as otherwise
specified in this chapter.
[Amended 12-21-2016 by Ord. No. 931]
Where hazardous shade trees or branches overhang
the cartway of a street or otherwise exist within the right-of-way,
the Borough may cause them to be removed at its expense so as to maintain
public safety within the right-of-way. In the event of an emergency
or hazardous situation, the Shade Tree Commission and/or Code Officer
may require them to be removed within 24 hours.
Spacing between newly planted shade trees shall not be less than 25 feet nor more than 40 feet and may vary with the species of tree(s) being planted. In addition to the restrictions established under § 153-6 of this chapter, no shade tree shall be planted less than 12 feet from a fire hydrant, light standard or utility pole.
[Amended 9-18-2008 by Ord. No. 860]
Tree replacement size shall be measured at a
point six inches above planting level. All trees shall be 1 1/2 inches
in diameter at this point and shall have no branches below a height
of five feet measured from ground level.
[Amended 12-21-2016 by Ord. No. 931]
All trees planted under overhead utilities shall
be a species which does not obstruct the wires. They shall be small
trees or medium trees, according to utility height, and shall be specified
by the Shade Tree Commission and/or Code Officer.
[Amended 12-21-2016 by Ord. No. 931]
The Shade Tree Commission and/or Code Officer
may, in some cases, require root control devices or material to minimize
the effect of root growth on sidewalks, curbs or underground utilities.
The need and type of control shall be prescribed by the Shade Tree
Commission and/or Code Officer, where necessary.
No person shall break, injure, mutilate, kill
or destroy any shade tree or set fire to or permit fire to burn any
shade tree. No person shall allow any toxic chemical, liquid or solid,
to empty, drain or seep onto shade trees or their root systems. No
person shall permit any gas pipe or main to leak into the root zone
of said tree.
All tree maintenance contractors who trim or
remove or otherwise maintain trees located within the Borough rights-of-way
shall possess general liability insurance coverage with a policy limit
of not less than $500,000 for each occurrence.
[Amended 12-21-2016 by Ord. No. 931]
The Shade Tree Commission and/or Code Officer
shall have the power, in appropriate cases, to permit deviations from
strict compliance with this chapter whenever, due to special circumstances,
literal enforcement of this chapter would be impossible, impractical
or not in the best interest of the Borough.
Payment of costs for work done by the Borough
shall be due and payable 30 days after proper invoice by the Borough
to the property owner. If the property owner does not make payment
within 30 days, said costs shall be considered as an assessment to
the property and the Borough Solicitor shall file a lien against the
property to ensure payment as may be provided by law.
[Amended 12-21-2016 by Ord. No. 931]
The planting of any species of tree within the
Borough right-of-way other than those approved by the Shade Tree Commission
and/or Code Officer is prohibited. A list of approved trees shall
be maintained by the Shade Tree Commission and/or Code Officer and
made available to the public through the Code Office or the Borough
Hall. Any person desiring to plant a tree which does not appear on
the list within the Borough right-of-way shall make application to
the Shade Tree Commission and/or Code Officer for approval of the
desired species.
The Borough, in its sole discretion, shall have
the authority to plant, trim, remove or otherwise maintain any shade
trees at its expense or the expense of the affected property owner.
Any person or persons, firm or corporation who
or which violate any of the provisions of this chapter shall, upon
conviction, be sentenced to pay a fine of not less than $50 nor more
than $600, plus the costs of prosecution. Each day during which the
violation occurs or persists shall constitute a separate offense.
