§ 419-6. Removal of shade trees.  


Latest version.
  • A. 
    Damaged or diseased shade trees presenting imminent hazards. When any shade tree, which is located within the public rights-of-way and/or the branches of which extend over said public rights-of-way and/or the public sidewalks, shall become damaged by storm and/or are affected by any contagious disease or insect infestation, to the point where said shade tree endangers the life, health, safety, or property of the general public, and said shade tree should be removed or substantially trimmed to mitigate the aforesaid hazards, it shall be within the discretion of the Borough of Walnutport to determine the degree of the remedy necessary to correct the identified hazard. To these instances, the following procedure shall prevail:
    (1) 
    The owner of the property, upon which the diseased/damaged shade tree is located, shall be notified, in writing, of the deficiency and of the required remedy.
    (2) 
    Said notification shall include:
    (a) 
    The specified number of days in which the property owner shall be required to have completed, or to have caused to be completed, the specific remedy;
    (b) 
    Any other conditions as may be imposed pursuant to the terms of this chapter.
    (3) 
    It shall be the responsibility of the property owner, upon whose property said identified shade tree is located, to insure compliance with this notification.
    (4) 
    In the event that the property owner should fail, neglect, or refuse to comply with said notification within the required time period or, should the Borough be unable to identify the subject property owner, the Borough then shall have the authority to cause the remedy to be accomplished in the manner in which it deems most expedient and to collect the cost thereof, together with an additional amount of 10%, from such property owner once he has been identified.
    B. 
    Treatment of stumps. Any stump, which remains subsequent to the felling of a protected shade tree, shall be excised so that, at a minimum, the topmost portion of any remaining stump is level with or below the surrounding surface of the ground.
    C. 
    Coordination of efforts. Any property owner or person who shall proceed with the removal or substantial trimming of a shade tree shall coordinate the proposed efforts with the Walnutport Borough Public Works and/or Police Departments prior to the commencement of efforts. This coordination is to determine if the proposed efforts will require the closure, or partial closure, of any of the various public ways of the Borough, and to insure that measures, satisfactory to the Borough, will be taken to protect the general welfare and safety of the public.