§ 259-31. Repair of tree root damage.

A. 

Notwithstanding anything contained in §§ 259-30 and 259-32 to the contrary and subject to the provisions of § 27-3, the Borough may elect, at its sole option, to replace sidewalks that are raised by the roots of a Borough tree:

(1) 

In the opinion of the Borough Engineer, at least two inches on any edge of the sidewalk slab, to the extent that funds are made available by the Mayor and Council in the annual Borough budget; and/or

(2) 

In the opinion of the Borough Engineer and the Public Works Committee, at least one inch by the roots of a Borough tree on any edge of the sidewalk slab, to the extent that funds are made available by the Mayor and Council in the annual Borough budget and to the extent that the Public Works Committee deems the condition of the sidewalk caused by the root(s) to be unsafe.

Editor's Note: Former § 27-3, Prerequisite to commencement of work, as amended 5-13-1999 by Ord. No. 99-11R, was repealed 12-28-1999 by Ord. No. 99-25R.

B. 

Replacement of the sidewalk shall include lifting the sidewalk, having the tree trimmed where necessary at the determination and direction of the Shade Tree Commission, having the tree roots cut at the determination and direction of the Shade Tree Commission and replacing the sidewalk.

Added 5-13-1999 by Ord. No. 99-11R