Article 909
TREES ON SIDEWALKS
Sections:
909.05 Obligation of owners and possessors.
909.06 Declaration of public nuisance.
909.08 Responsibilities of office of planning and development.
909.09 Organization and responsibilities of shade tree commission.
909.10 Violations, remedies and penalties.
909.01 Definitions.
"Office of planning and development" shall mean the City of Meadville office of planning and development and any representative of that office specifically designated by the city manager to carry out responsibilities set forth in this article.
"Persons" shall mean any individual, partnership, company, association, corporation or other group or entity.
"Substantial injury" shall mean such injury and damage which endangers the continued life of any tree.
"Top" or "topping of a tree" shall mean the cutting back of limbs to stubs larger than three inches in diameter within the tree’s crown to such a degree as to substantially remove the natural canopy.
"Tree" shall mean a woody plant with one main trunk which generally reaches 20 feet or more in height, at maturity, and shall not include shrubs or bushes.
"Within city streets" shall mean any area within the right-of-way of a street or roadway officially accepted as a city street, open to and used for public travel within the City of Meadville. (Ord. 3338, 1993; Ord. 2831, 1973)
909.02 Prohibited activity.
It shall be unlawful:
(A) To plant, cut down or top, or cause to be planted, cut down or topped any tree within city streets without a permit issued by the office of planning and development pursuant to and in accordance with the provisions of this article.
(B) To plant or cause to be planted any tree within city streets except in accordance with spacing requirements set forth in Schedule A which is incorporated herein, which establishes required distances from other trees, street intersections, fire hydrants, curbs, sidewalks, underground water, sewer or other utility and overhead utility wire, cable or facility as measured from the main tree trunk based upon classification of trees by species and size as set forth in the regulations adopted in accordance with this article.
(C) For any person engaged in multiple tree trimming or tree removal activities for or on behalf of any utility company or other person to trim any trees within city streets without a permit issued by the office of planning and development pursuant to and in accordance with the provisions of this article, and for any such person to conduct such activities in any manner which is not in conformity with regulations adopted by city council in accordance with the provisions of this article.
(D) To apply chemicals in the nature of fungicides or pesticides to trees within city streets without a permit issued by the office of planning and development pursuant to the provisions of this article and except in accordance with applicable federal or state laws, rules and regulations relating thereto.
(E) To fasten ropes, wires, cables, electric attachments, signs or other devices to a tree within city streets without a permit issued by the office of planning and development pursuant to the provisions of this article, and except in conformity with regulations adopted by city council in accordance with the provisions of this article.
(F) To cut or disturb roots, to obstruct free access of air and water to roots, to maintain fires in close proximity to trees, or to undertake demolition or construction work without protecting or guarding nearby trees, where such activity is likely to cause substantial injury or destruction of a tree within city streets. (Ord. 3338, 1993; Ord. 2831, 1973)
909.03 Permit application.
To obtain any permit to conduct any activities governed by the provisions of MMC 909.02, a written application together with such fee as may be established from time to time by resolution of the city council shall be submitted to the office of the planning and development. The application shall contain the following information:
(A) Name, address and phone number of the applicant.
(B) Location and description of property on which activity requiring permit is to occur.
(C) Owner(s) of the specified property if different from applicant.
(D) A description of activity to be undertaken and requiring a permit including all relevant details including a description of trees affected; their location with respect to streets, property lines, sidewalks and structures; types of chemicals or other matter to be applied; persons doing the work; and any other information requested by the office of planning and development and reasonably necessary to determine whether a permit should be issued.
(E) For persons engaged in multiple tree trimming, cutting, pruning and removal activities for a fee or as a business, the applicant shall be required to demonstrate possession of liability insurance covering the activities involved in minimum amounts of $300,000 for bodily injury or death and $100,000 for property damages. (Ord. 3338, 1993; Ord. 2831, 1973)
909.04 Permit issuance.
A permit shall only be issued after the office of planning and development determines that the planting, trimming or cutting down of a tree, or application of chemicals, or other matter or activity involving a tree or trees within a city street, will be performed in accordance with the regulations promulgated and adopted pursuant to the provisions of this article and will not be detrimental to traffic or to utility services in or about the street, and will not otherwise be detrimental to the public health, safety and welfare. (Ord. 3338, 1993; Ord. 2831, 1973)
909.05 Obligation of owners and possessors.
(A) Except for trees planted by the city, it shall be the obligation of the owner or possessor of property on which there is a tree within a city street to:
(1) Trim and prune such trees within city streets so that no part of its limbs, branches or foliage shall have a clearance of less that eight feet above the surface of the sidewalk or of less than 14 feet above the surface of the roadway, street or alley. Tree trimmings shall be properly removed and disposed.
(2) Trim and remove dead, diseased, broken and decayed limbs and branches from trees within city streets which constitute a hazard to sidewalk pedestrians, street traffic, or to the public generally.
(3) Remove from within city streets all dead, diseased or such other trees, including stumps, which constitute a hazard to the public by reason of diseased or other dangerous condition.
(B) All activities required by this section shall be conducted in accord with the requirements adopted by this article and all applicable regulations hereunder, and pursuant to a permit issued as herein provided, if applicable. (Ord. 3338, 1993; Ord. 2831, 1973)
909.06 Declaration of public nuisance.
A tree within a city street which causes a hazard to sidewalk pedestrians, street traffic or to the public generally by reasons of its dead or diseased condition, or dead, diseased, broken or decayed limbs or branches, or limbs, branches or foliage which hang into the path of street traffic or persons using sidewalks shall constitute a public nuisance and be subject to correction or abatement as is generally provided for the abatement of public nuisances at the sole cost and expense of the owner or person in possession of the subject property, except for trees planted by the city. (Ord. 3338, 1993; Ord. 2831, 1973)
909.07 City tree care.
(A) The city shall have the right but not the duty to plant trees within the city streets to preserve and enhance the symmetry and beauty of the city streets.
(B) The city shall have the right, but not the duty, to trim, maintain and remove trees, plants and shrubs within city streets which may be dead, diseased, or in an unsafe condition or which may interfere with or cause harm to sewers, water lines, and other public utilities, or to public improvements; which may pose a hazard to traffic or pedestrians; which may interfere with traffic control devices or street lights; which have been damaged by storm or other occurrences; or which in any other manner may pose a threat to the public health or safety.
(C) Except with respect to trees which have been planted by the city, the city shall make reasonable efforts to provide the owner of adjacent property with notice of its planned action with respect to trees and shrubs within city streets and to obtain consents to proposed actions by such owner.
(D) In the event the city engages in maintenance activities under this article with respect to trees within city streets, not planted by the city, the property owner or possessor shall not be liable for the costs incurred with respect to any tree not planted by the city unless enforcement proceedings have previously been instituted by the city under MMC 909.10 with respect to a violation of MMC 909.05. (Ord. 3338, 1993; Ord. 2831, 1973)
909.08 Responsibilities of office of planning and development.
(A) The office of planning and development shall, in cooperation with the shade tree commission, develop and establish regulations for the various classifications of trees, and the planting, maintenance, protection and removal of trees within the city streets. These regulations shall be effective upon approval by resolution of city council. These regulations may be changed from time to time in accordance with this procedure.
(B) The office of planning and development shall also be responsible for administering the provisions of this article and for enforcing the regulations and provisions of this code. (Ord. 3338, 1993; Ord. 2831, 1973)
909.09 Organization and responsibilities of shade tree commission.
(A) Organization. The shade tree commission will have five members, all of whom shall be residents of the city, who shall be appointed by the city council. In addition, nonvoting associate members who may or may not be residents of the city, may be approved by the city council. The members of the commission shall serve without compensation.
(B) Term of Office. The members of the commission shall be appointed for a term of five years and these terms shall be staggered so that one member’s term expires each year. A vacancy on the commission, which occurs for reason other than the expiration of a term, shall be filled for the unexpired portion of the term. A member may remain on the commission after expiration of his or her term until a replacement is duly appointed or qualified.
(C) Officers and Actions. The members of the commission shall elect a chairman, a vice chairman, and such other officers as appropriate. The terms of the officers so elected shall be for one year. All officers shall be eligible for re-election. A majority of the voting members shall be a quorum for the purpose of taking action. A majority of votes cast at any meeting at which a quorum exists shall determine all issues.
(D) Responsibilities and Duties.
(1) The commission shall study and make recommendations to the office of planning and development and to the city council on all matters affecting trees within city streets, including ordinances and regulations for the placement, removal, care and protection of trees.
(2) The commission may, with the approval of city council, solicit and accept grants and contributions. Funds obtained by the commission in the form of grants and contributions shall be placed in the memorial tree fund or other special funds established by the city and may be used by the commission in a manner approved by the city council. Such funds should be deposited and administered as funds and accounts of the city under the supervision of the city finance director.
(3) With the approval of council, the commission may utilize the services of a community forester who shall be responsible to the office of planning and development for the performance of activities authorized by city council and included by council in any annual budget appropriations or special appropriations designated for the commission.
(4) The commission shall make an annual report to the city council by October 31st of each year stating its accomplishments and work for the preceding year. (Ord. 3338, 1993; Ord. 2831, 1973)
909.10 Violations, remedies and penalties.
(A) Any person who shall violate or fail to comply with the requirements or obligations set forth in MMC 909.02 and 909.05 shall be served with a written order issued by the office of planning and development requiring such action as appropriate to correct a hazardous condition or a condition in violation of this article or regulations promulgated pursuant to this article.
(B) The subject orders shall, except in the case of emergency or eminent hazard to the public health or safety, require correction of the hazardous condition or violation within a period of not more than 30 days.
(C) Any person who is aggrieved by any order issued pursuant to this section may appeal the order to a board consisting of the director of public works, a community forester appointed by the city manager and the chairman of the shade tree commission by filing a written notice of appeal with the office of the city manager within 10 days of the date of the subject order or notice and said board shall then conduct a hearing in accord with the Pennsylvania Local Agency Law to determine whether the order was properly issued and whether the appellant is entitled to relief from the order.
(D) In the event a person fails or refuses to comply with any order of the office of planning and development which is not subject to continuing appeal as provided by this article or by general law or otherwise fails to correct any prohibited condition or to cease any continuing violation then the city may take one or more of the following actions:
(1) Revoke any permit issued pursuant to the provisions of this article.
(2) Correct or remedy the subject condition or violation at the cost of the property owner or possessor, or other person responsible for the violation or subject condition. This cost together with a reasonable administrative fee shall be paid by the property owner or other person responsible for the violation or for failing to take any action required by this article. Property owners and other persons responsible for the violation or subject conditions shall be jointly and severally liable for compliance with the provisions of this article and for the payment of any and all sums which may be due to the city hereunder.
(3) Should any property owner or other person responsible for the subject condition or violation fail to pay the cost of any corrective action together with the administrative fee authorized herein, such costs may be assessed against the subject premises and the owners thereof and collected as a municipal lien or collected otherwise as permitted by law.
(4) Institute a summary proceeding before the district justice for imposition of a penalty as provided for under MMC 909.99.
(5) Proceed with an action as permitted by law for any other appropriate relief at law or in equity. (Ord. 3338, 1993; Ord. 2831, 1973)
909.99 Penalty.
Any persons who shall violate the terms of this article shall, upon summary conviction thereof before a district justice, be sentenced to pay a fine not to exceed $300.00. Each day during which any violation is continued shall be deemed to be a separate offense. (Ord. 3338, 1993; Ord. 2831, 1973)
Schedule A
(A) No tree shall be planted less than:
(1) Forty feet from any street corner as measured from the point of the nearest intersecting curbs or curb lines.
(2) Ten feet from any driveway as measured from the edge of the driveway nearest the tree.
(3) Ten feet from any utility pole.
(4) Fifteen feet from any fire hydrant.
(B) No tree classified by size as small, medium or large and as established by regulations duly adopted by city council pursuant to this article shall be planted less than the following distances from the items listed below as measured from the nearest point of the items indicated:
From curbs and sidewalks:
|
Small trees |
2 feet |
|
|
Medium trees |
3 feet |
|
|
Large trees |
4 feet |
From underground water, sewer or other utility facility:
|
Medium trees |
5 feet |
|
|
Large trees |
5 feet |
From overhead utility cable, wire or similar utility facility:
|
Medium trees |
10 feet |
|
|
Large trees |
10 feet |
(C) No tree classified by size as small, medium or large and as established by regulations duly adopted by the city council pursuant to this article shall be planted less than the following distances from other trees as so classified:
Small trees 25 feet
Medium trees 35 feet
Large trees 45 feet
(Ord. 3338, 1993; Ord. 2831, 1973)