[Amended 2-22-2011 by Ord. No. 780]
A. This chapter
shall be known as and may be cited as the "Shade Tree Regulations."
B. This chapter
is designed to promote and protect shade trees within the Borough
of North Wales. Preservation of shade trees provides for a more pleasant
neighborhood and provides for shade from the sun, while reducing glare
and reflection.
The following words and phrases, when used in
this chapter, shall have the meanings hereby ascribed to them, except
in those instances where the context clearly indicates a different
meaning:
BOROUGH
The Borough of North Wales.
COMMISSION
The Shade Tree Commission of the Borough of North Wales.
PERMIT
Any permit in writing issued by a member of the Commission.
PERSON
Any natural person, firm, association, partnership, corporation,
estate or trust, as well as all officers, agents, servants, employees
or others acting for any of the same.
SHADE TREE
Any tree, classified as a deciduous or conifer species on
or adjacent to any street within the Borough of North Wales, including
any tree which extends within the lines of any street, within the
Borough of North Wales.
[Amended 11-22-1994 by Ord. No. 674; 2-22-2011 by Ord. No. 780]
STREET
Any paved street, road, lane, court, cul-de-sac, public way
or public square, if such street has been dedicated or opened as provided
in the Borough Code.
[Amended 2-22-2011 by Ord. No. 780]
No person shall do any of the following without
first obtaining a permit:
A. Plant any shade tree in the borough.
B. Intentionally
cut, break, trim, climb with spurs, injure in any manner or remove
any shade tree.
[Amended 2-22-2011 by Ord. No. 780]
C. Cut down or interfere in any way with the main roots
of any shade tree.
D. Spray any shade tree with any chemical or insecticide.
E. Place any rope, guy wire, cable, sign, poster or any
other fixture on any shade tree or guard for any shade tree.
F. Injure, misuse or remove any device placed to protect
any shade tree.
G. Place or hereafter maintain any stone, cement or any
other substance which shall impede the passage of water and air to
the roots of any shade tree unless such person shall have an open
space of ground surrounding the trunk of such shade tree, such base
to be not less than four square feet.
H. Attach any electrical wire, insulator or any device
for the holding of an electrical wire to any shade tree.
An application for a permit to do any of the acts enumerated in §
174-4 hereof shall set forth:
A. The name, address and telephone number of the owner
of the property on which such action is contemplated.
B. The name, address and telephone number of the applicant.
C. The species of shade tree for which the permit is
requested.
D. The caliper (measured one foot above the ground) and
height of such shade tree.
E. The location of such shade tree.
F. The contractor’s
name and insurance.
[Added 2-22-2011 by Ord. No. 780]
G. A fee of
$25 shall be assessed for any permit submitted with the intent to
remove a shade tree. Said fee shall be paid to the Borough Treasurer,
to be placed to the credit of the Shade Tree Commission, subject to
be drawn upon by the Commission for the purposes set forth herein.
[Added 2-22-2011 by Ord. No. 780]
[Amended 11-28-2005 by Ord. No. 744]
The application for permit shall be filed with the Borough Manager, who shall forward the application to the Commission. The Commission shall, at its next meeting following receipt of the application(s), approve or disapprove the application and in doing so shall take into account the considerations set forth in §
174-7 hereof.
[Amended 2-22-2011 by Ord. No. 780]
No permit shall be required to take any action for which a permit would otherwise be required in a case where there is an immediate necessity to protect life or property as determined by an arborist or member of the Shade Tree Commission. Following removal of such a tree, if not previously approved by the Shade Tree Commission, an arborist shall submit sufficient evidence to the Borough to satisfy the need to forego the permit process. Should sufficient evidence not be provided, the violations and penalties in §
174-14 may be imposed.
[Amended 11-23-2021 by Ord. No. 819]
A. All shade trees shall be kept trimmed by the owner of the property on or in front of which they are located so that considerations set forth in §
174-7A will be satisfied. If any such property owner shall neglect or refuse to trim any shade tree as required by these regulations or in accordance with an order of the Commission, upon written notice by the Commission and within the time limit specified therein, the Commission may cause such trimming to be done at the owner’s expense and the costs thereof shall be a lien upon said premises and a claim therefore shall be filed and collected by the Borough Solicitor in the same manner as municipal claims are filed and collected. The written notice provided for herein shall be delivered to such property owner by personal service or by certified mail, return receipt requested.
B. Mature
street trees located within sidewalk areas in commercial or mixed-use
zoning districts shall be limbed up from the sidewalk to seven feet
to enhance pedestrian safety and reduce potential damage to the tree.
In connection with any building operation or
the performance of any work whatsoever in the borough in the vicinity
of any shade tree, before any work shall be commenced, suitable protective
devices shall be placed at all shade trees which might be affected
by such work so as to prevent any injury to such shade trees.
[Amended 2-22-2011 by Ord. No. 780]
A. No person
shall pour salt water, oil or any other material in any place in such
a manner that injury might result to any shade tree.
B. It shall
be unlawful for any person or firm to top any shade tree. Topping
is defined as the severe cutting back of limbs to stubs larger than
three inches in diameter within the tree’s crown, to such a
degree so as to remove the normal canopy and disfigure the tree. If
a tree is severely damaged, or where other pruning practices are impractical,
the Commission may grant an exemption from this section.
[Amended 11-22-1994 by Ord. No. 674; 6-28-2005 by Ord. No.
740; 2-22-2011 by Ord. No. 780]
Any person or firm who fails to submit a permit
for review and approval shall be required to pay a fee of $50. Additionally,
any person or firm who violates any of the provisions of this chapter
or who shall fail to comply with a lawful order of the Commission
shall be liable for each offense, upon conviction before any District
Justice, to a fine of not more than $1,000, together with costs of
prosecution, and, in default of payment of said fine, shall be sentenced
to a term of imprisonment not to exceed 30 days. Further, the Borough
Council, upon request by the Commission, may authorize the Commission
to institute any appropriate action or proceeding, whether by legal
process or otherwise, to restrain, correct or abate a continuing violation
of any provision of this chapter or of any lawful order of the Commission.