§ 25-105. Protection and Planting of Regulated Trees on Public Rights-of-Way., Part 1. GENERAL PROVISIONS, Chapter 25. Trees, Municipal Code, Code of Ordinances, Phoenixville

Tree Work Permit Required. A tree work permit shall be required for the following actions:

Planting, transplanting, cutting, pruning, treating or removing any regulated tree, or portion thereof, in the right-of-way and other public areas.

Depositing, placing, storing or maintaining any stone, brick, sand, concrete or other material which may impede the free passage of water, air or fertilizer to the roots of any regulated tree.

Move any building or other object on or over any public street or public right-of-way in such a manner as to damage or injure any regulated tree.

Hanging lights and other seasonal or holiday displays on a regulated tree. When permitted, all such displays shall be removed within 30 days following the holiday or end of season.

Application. The application for any tree work permit shall be made in writing to the Director of Public Works on the form provided. Such tree work permit application shall describe the work to be done, specify species or variety, size, nursery grade and location and briefly specify the method of planting, method of support and pruning of all regulated trees or shrubs concerned and contain a definite expiration date.

All applications for a tree work permit shall be reviewed by the Tree Advisory Commission (TAC) and approved by the Director.

Conditions attached to tree work permit.

All regulated trees removed pursuant to a tree work permit shall be replaced within a period of one year from the date of removal.

(1)

The property owner, in lieu of replacing a regulated tree, may pay a fee equal to the replacement value of a regulated tree.

(2)

The option of paying a fee in lieu of replacing a regulated tree may only be exercised when absolute circumstances prohibit planting a regulated tree in the location from which it was removed. Such a determination shall be made by the Borough Manager.

In the event that a regulated tree is removed, the property owner is required to contract for the removal of the stump of the regulated tree immediately following the removal of the regulated tree pursuant to § 25-106, Subsection 1C(2), and to make any necessary repairs to the sidewalk at the property owner's expense.

The Director shall have the authority to designate a suitable type of replacement tree and may refuse a tree work permit to plant any type of tree which, in its opinion, is not suitable to the location. The tree work permit may be revoked at any time upon proof that any of the terms or conditions upon which such tree work permit was issued are or have been violated.

The Director may, as a condition precedent to issuance of a tree work permit, require a contractor, authorized by the property owner to plant a tree, to guarantee such tree for a period of 18 months against defects in materials or workmanship. If the death of the tree results within this time period and for the aforementioned reasons, the contractor shall incur the cost of removal, including cost of sidewalk repairs, new tree cost and replanting for each tree planted. However, if the tree should die after the period of warranty has expired, the property owner shall replace said tree in accordance with all provisions herein.

A contractor hired to perform any tree work is required to have an annual license.

As a condition to any permit permitting the applicant to move any building or any oversized object on or over any public street, the Borough may require the applicant to furnish a bond in an amount sufficient to cover any damage or injury to any regulated tree caused by the applicant or his agent(s), and it may direct the route of any such moving so as to minimize damage or injury to regulated trees.

All tree work permits to remove a regulated tree shall be valid for no more than 60 days from the date of issue. All work shall be completed within that sixty-day period.

Review of Land Development Plans. The Borough's Director of Planning shall, upon receipt of any sketch, preliminary land development or subdivision plan, or final land development or subdivision plan, provide said sketch, preliminary land development or subdivision plan, or final land development or subdivision plan to the TAC for a review of the effect on any regulated trees. The TAC shall provide written comments on the effect of said land development on any regulated trees within 10 days following the second regularly scheduled meeting after receiving said sketch, preliminary land development or subdivision plan, or final land development or subdivision plan.

All sketches, preliminary land development or subdivision plans, or final land development or subdivision plans shall show all existing trees, clearly labeling all trees proposed to be protected and those slated for removal. All regulated trees abutting said projects shall also be shown on the plans, along with the required Tree Protection Zone.

Review of Other Permit Applications. All applications for driveway or sidewalk permits, zoning permits, or other permits for work that may impact regulated trees, including but not limited to demolition, construction or expansion, and not a land development, shall be referred to the Director for review as provided for hereunder. Within 10 days of the receipt of the applicable permit application, the Director shall determine the need for and location of the TPZ fencing around all regulated trees located on or adjacent to the real property. Where determined necessary by the Director, the property owner shall install a staked construction fence at least four feet high, or alternative as approved by the Director, around all portions of the TPZ, excluding any portions occupied by sidewalks, cartways, curbs/gutters or a driveway. No activity is permitted within the TPZ without a permit issued in accordance with this section. Any activity occurring within the TPZ in violation of this chapter shall be addressed as provided for in § 25-118 of this chapter.

Denial and Revocation of Tree Work Permits.

Denial. A request for a tree work permit shall be denied if the information submitted therewith is incomplete, erroneous or otherwise unsatisfactory or if the application fee is not remitted in full.

Revocation. The Director may revoke a tree work permit if it is determined by the Director that any false statement or misrepresentation of fact exists on the application or on the plans on which the tree work permit was based in addition to:

(1)

Violation of any condition of the tree work permit.

(2)

Violation of any provision of this chapter or any other applicable ordinance or law relating to the work.

(3)

The existence of any condition or the doing of any act constituting or creating a nuisance or endangering the lives or property of others.

Written notice of such violation shall be served upon the person to whom the tree work permit was granted or his agent or employee engaged in the work. Such notice shall also contain a brief statement of the reasons for revoking such tree work permit. Notice may be given either by personal delivery thereof to the person to be notified or by United States mail, addressed to such person to be notified.

Approved Tree Species. Borough Council may adopt the Phoenixville Tree Manual, by resolution, from time to time. The Phoenixville Tree Manual provides a list of approved tree species, based upon tree size and classification. The TAC shall recommend a tree-planting list that may have three classes of trees, based on the mature height and width of the tree. The Borough of Phoenixville recognizes that there is no perfect tree for all situations. Trees shall be approved based on the location of the planting. In an effort to prevent a mature tree from growing into the overhead wires, a size-appropriate species shall be selected.

Location of Tree Planting. All trees shall be planted in accordance with the Phoenixville Tree Manual.

Nullification of Tree Work Permit. Any tree work permit issued in conflict with the provisions of this chapter shall be null and void and may not be construed as waiving any provision of this chapter.

10.

Borough departments, agencies, and authorities; public utilities.

The obtaining of a tree work permit by Borough departments, agencies and authorities shall be waived when the work to be performed is completed by employees of the Borough. All contractors performing work under contract for the Borough or its agencies and authorities shall obtain all necessary permits, including, but not limited to, a tree work permit.

Utilities shall obtain a tree work permit for any work affecting a regulated tree, including but not limited to pruning and removal, performed by said utility's own forces or by contractors.

In the event that tree work is necessitated by emergencies, tree work permits shall be obtained on the first regular business day on which the office of the Borough is open for business; and such tree work permit shall be retroactive to the date when the work was begun. A person performing tree work for an emergency must verify the nature of the emergency, in writing, to the Director within five days after such emergency.

Irrespective of the provisions herein, no tree work shall be performed without the review of the Director.

11.

Fees. The fee for tree work permits shall be set in the Borough's Master Schedule of Fees.