[HISTORY:
Adopted by the Mayor and Council of the
Borough of Riverton 11-14-1974 by Ord. No.
315. Amended in its entirety 9-10-2003 by
Ord. No. 9-03. Subsequent amendments noted
where applicable.]
GENERAL
REFERENCES
Shade Tree Board
- See Ch. 35.
Streets and sidewalks ——
See Ch. 111.
As used
in this chapter, the terms hereinafter
set forth shall be defined and deemed
to have the following meanings:
COMMISSION
—— The Board of Shade
Tree Commission of the Borough of
Riverton including any of its duly
appointed members and any of its duly
authorized agents or employees.
PERMITS
—— Written permission
of the Commission pursuant to any
provision of this chapter, the Commission
shall have occasion to pass upon an
application for a permit. It shall,
in determining whether or not to issue
such permit, take into consideration
the nature, species, size, age, and
condition of any tree involved; the
location thereof in the street or
park; the planting, care, protection,
maintenance, or removal procedures
involved; the public safety and welfare;
and the improvement and advancement
of the shade tree plan or program
of the Commission.
PERSON
—— Any individual, firm,
partnership or corporation, or any
combination thereof. Where, in the
proper context, it is so required,
this term may be construed to designate
the plural as well as the singular.
STREET
—— Any road, avenue, street,
or highway dedicated to the public
use for street purpose, regardless
of whether or not it has been formally
accepted by the Borough of Riverton.
A street shall be deemed to include
all portions lying between the dedicated
or established right-of-way lines
and/or planting easement thereof,
said lines being identical with the
front property lines of lands abutting
the street.
TREE
—— Any tree, shrub or
plant, or any root, branch, flower
or other part thereof, that is located
in or upon any Borough of Riverton
property.
PLANTING
EASEMENT —— The area of
private property reserved for Borough
planting of trees and shrubs. If there
is any doubt regarding planting easements
on a lot, it is incumbent upon the
homeowner to consult with the Shade
Tree Commission.
B.
Any term
or provision of this chapter that contemplates,
directs, regulates or prohibits the
doing of any act may, in applicable
cases and where the context so requires,
be construed to include the causing,
allowing, permitting or suffering of
such act to be done by others under
the direction, control or supervision
of the person charged therewith. Every
such act shall be deemed to be within
the scope of this chapter, regardless
of whether it is a deliberate, intentional
or purposeful act, or a careless, negligent
or unintentional act.
No person
shall, without a permit, place or maintain
in any street or park, any stone, cement
or other sidewalk, or any stone, cement,
mulch or other substance which shall
impede the free access of air and water
to the roots of any tree.
B.
No tree
shall be surrounded by pavement of stone,
cement, asphalt or any other substance
tending to impede the free access of
air and water to the roots of the tree.
This is based in consultation with the
Shade Tree Commission or certified Borough
representative.
No person
shall place salt, brine, oil or any
other substance injurious to plant growth
in any street or park in such a manner
as to injure any tree.
B.
No person
shall build any fire or station any
tar kettle, road roller, fuel oil dispensing
truck, or other engine in any street
or any other place in such a manner
that the heat, vapors, fuel, or fumes
therefrom may injure any tree.
C.
Every person,
having or maintaining any underground
utility lines, shall do so in such a
manner as will safeguard the trees against
any damage therefrom and shall make
periodical adjustments whenever necessary
to prevent damage to trees.
In the erection,
alteration, or repair of any structure
or building, the owner/contractor, or
other person in charge thereof shall
place such guards around all nearby
trees as will effectually prevent injury
to such trees.
B.
No person
shall do any excavating within four
feet of any tree without a permit.
C.
No person
shall use or operate any power shovel,
bulldozer or any other implement or
tool in such a manner as to damage or
destroy any tree.
No person
shall string any wires in or through
a public park or Borough trees without
a permit.
B.
Every person
having or maintaining any electric,
telephone, telegraph, cable TV, or other
wires running in or through a street
or park shall securely fasten and maintain
such wires in such manner as will safeguard
all trees against any damage therefrom
and shall make periodical adjustments
whenever necessary to prevent damage
to all trees.
C.
Any public
utility or its agents may upon receiving
(written) permission from the Commission
at least 72 hours prior to the start
of the work, prune or remove trees for
line clearance of utility wires in nonemergency
situations pursuant to a line clearance
program, service or spot work to prevent
interruption of electrical, telephone,
telegraph, cable TV, or other wire services.
In such event, the utility will notify
the Commission of said work within three
business days prior to its beginning.
Any person who violates any
of the provisions of this chapter or who
fails to comply with the terms and provisions
of any permit issued pursuant hereto shall
upon conviction in Municipal Court therefor
pay a fine of not less than $200 or not
to exceed $1,500 at the discretion of the
court. Each day that a violation shall continue,
it shall constitute a separate offense.
In addition to the penalties
authorized by § 118-9 of this
chapter, the Commission may require a person
who removes or otherwise destroys a tree
in violation of a municipal ordinance to
pay a replacement assessment to the municipality.
The replacement assessment shall be the
value of the tree as determined by the appraisal
of a trained forester or certified tree
expert retained by the Commission for that
purpose. These specifics will be based on
the Council of Tree and Landscape Appraisers
Guidebook.
