[HISTORY: Adopted by the Board of Supervisors
of the Township of Montgomery 11-27-1995 by Ord. No. 95-53. Amendments noted where
applicable.]
In order to better provide for the planting,
maintenance and protection of shade trees within or partially within
the ultimate right-of-way along public streets and highways of Montgomery
Township, Pennsylvania, and also upon public lands of the Township,
the Montgomery Township Shade Tree Commission is hereby established
pursuant to the Second Class Township Code of the Commonwealth of
Pennsylvania.
Unless otherwise expressly stated, the following
words and phrases shall be construed throughout this chapter to have
the meanings indicated:
Board of Supervisors of Montgomery Township.
Shade Tree Commission.
A generally circular line the circumference of which is determined
by the outermost reaches of a tree's, trees' or woodlands’ widest
branching points.
[Amended 6-28-2010 by Ord. No. 10-242]
Any individual, firm, association, partnership or corporation.
The selective removal of plant parts to meet specific goals
and objectives.
[Added 6-28-2010 by Ord. No. 10-242]
Any public right-of-way, a portion of which is used for vehicular
travel, in the Township.
Selective pruning to provide vertical clearance.
[Added 6-28-2010 by Ord. No. 10-242]
Any tree fully or partially within the ultimate right-of-way
along any public street or highway, or any tree on public lands or
in public easements. For the purposes of this chapter, the term "shade
tree" shall include the following: any tree with any part of its drip
line or root system within the ultimate right-of-way along any public
street or highway; any tree required to be planted by the Township
Subdivision and Land Development Ordinance;[1] and any tree required in a deed restriction on any lot.[2]
A specifically selected tree considered worthy of conservation
by the Township because of species, size, shape, form, historical
or memorial importance, or any other significant characteristic.
[Added 6-28-2010 by Ord. No. 10-242]
Selective pruning to reduce density of live branches.
[Added 6-28-2010 by Ord. No. 10-242]
The reduction of a tree’s size using head cuts that
shorten limbs or branches back to a predetermined crown limit. Topping
is not an acceptable pruning practice.
[Added 6-28-2010 by Ord. No. 10-242]
[Amended 11-24-2008 by Ord. No. 08-232]
Members of the Commission shall be appointed
by the Supervisors in accordance with the following procedures:
A.
The Shade Tree Commission shall be composed of three
to five members who shall be residents of the Township.
B.
Commission members shall serve for terms of five years,
or until their successors are appointed, except that members first
appointed shall be appointed so that the terms of not more than two
members expire annually. All persons appointed shall serve their full
terms unless they voluntarily resign or are removed by the Supervisors
for dereliction or neglect of duty. Vacancies occurring other than
by expiration of term shall be for the unexpired term and shall be
filled in the same manner as original appointments.
C.
Whenever possible, due consideration will be given
to representation from various geographic sections within the Township,
so that all Board members shall not be from the same geographic area.
D.
In all matters of parliamentary procedure not specifically
governed by the Commission's bylaws, Robert's Rules of Order shall
prevail.
A.
The Shade Tree Commission shall have authority for
control of the shade trees in the Township and is authorized to plan
for or order the planting, removal, maintenance and protection of
shade trees.
B.
If the Commission determines that it is necessary
for the Township to employ any engineer, forester, arborist or other
assistant in order to perform its duties, the Commission shall request
the Board to direct Township employees to perform such tasks or to
contract with other persons to perform such tasks. If the Board approves
such a request, the employees or contractors shall be under the direction
and control of the Township Manager.
C.
The Commission shall have the power to create, publish
and amend guidelines for the care and protection of shade trees. Such
guidelines may include pruning limbs, preventing or curing disease
or infestation, or other guidelines for the care and maintenance of
shade trees.
D.
The Commission may request that the Township, upon
30 days' notice to the owners of private property, require the owners
of property to cut and remove any dead shade tree, or any tree afflicted
with any disease which threatens to injure or destroy shade trees
in the Township.
E.
Emergency
situations. Notwithstanding any other provisions of this chapter,
the Township shall have the right, but not the obligation, without
prior notice to any property owner, to perform any acts necessary
to abate clear, present and immediate threats to the public health,
safety or welfare caused by the condition of any trees or parts thereof.
If any such threat is the result of any person's action or inaction,
the Township will assess the cost of such summary abatement against
that person.
[Added 6-28-2010 by Ord. No. 10-242]
F.
The Shade
Tree Commission may periodically conduct a survey of specimen trees
within the Township and shall encourage the protection of all such
trees.
[Added 6-28-2010 by Ord. No. 10-242]
The Shade Tree Commission shall annually report
in full to the Board its transactions and expenses for the last fiscal
year of the Township.
The Shade Tree Commission shall meet at least
quarterly at such times and on such dates as the Commission may establish.
All meetings shall be public meetings held in the Township Building.
Meetings shall be advertised in conformity with the law of the Commonwealth
of Pennsylvania.
A.
The cost of planting, transplanting or removing any
shade trees or parts thereof, of the necessary and suitable protection
for trees, curbing or grading for the protection thereof, and of the
replacing of any pavement or sidewalk necessarily disturbed in the
execution of such work, whether such work is performed by Township
personnel or by a contractor hired by the Township to do such work,
or by the owner of the real estate or by a contractor hired by the
owner of the real estate, may be chargeable to the owner of the real
estate upon whose property such work is done.
[Amended 6-28-2010 by Ord. No. 10-242]
B.
The amount each owner is to pay shall be ascertained
and certified by the Commission to the Board and to the Township Treasurer.
C.
Upon the filing of the certificate with the Board,
the Township Secretary shall cause 30 days' written notice to be given
to the person against whose property an assessment has been made.
The notice shall state the amount of the assessment and the time and
place of payment and shall be accompanied by a copy of the certificate.
D.
The amount assessed against the real estate shall
be a lien from the time of the filing of the certificate with the
Board, and, if not paid within the time designated in the notice,
a claim may be filed and collected by the Township in the same manner
as municipal claims are filed and collected.
[Added 9-26-2016 by Ord.
No. 16-298S]
B.
Street trees replaced or planted on individual residential lots shall
be a minimum of two inches in caliper, 12 feet to 14 feet in height,
and shall have a full branching structure. All main branches shall
be pruned to a clearance height of six feet above the ground. Trees
shall have a single, straight trunk and unpruned leader free of codominant
stems within the lower half of the crown, and shall be free of disease
and mechanical damage.
C.
Setbacks from sidewalks and roadways shall be in accordance with the setbacks required in § 205-56A, § 205-56B, and § 205-52A(2).
[Amended 11-24-2008 by Ord. No. 08-232; 6-28-2010 by Ord. No. 10-242]
A.
All stumps of trees cut down shall be removed below
the surface of the ground so that the top of the stump shall not project
above the surface of the ground.
B.
All dangerous deadwood and all broken limbs or other
defective parts of shade trees which constitute a hazard to the health
of the tree, to public safety, or to property shall be removed.
C.
Notice
to remove and replace shade trees.
(1)
Notice
to remove. The Township may, upon written notice sent by certified
mail, return receipt requested, require owners of property to cut
and remove dead, diseased or hazardous trees.
(a)
Trees afflicted with insect infestations or other disease agents,
the spread of which threatens to destroy or injure other trees in
the Township, shall be removed and disposed of in accordance with
the recommendation of a certified arborist.
(b)
Trees that pose a hazard to the health, safety or welfare of the
public shall be removed.
(2)
Failure
to remove. Upon failure to comply with such notice within 30 days
of receipt, the Township may cause the work to be done and levy or
collect the costs thereof from the owner of the property.
(3)
The
Township shall give said 30 days' notice by mailing to the last known
address of the owner of the property and by posting the notice at
the main entrance to the main habitable or occupied structure on the
property.
(4)
Collection
of costs. The costs of such work shall be a lien upon the premises
from the time of the commencement of work, which date shall be fixed
by the Township Engineer and filed with the Township Secretary. Any
such lien may be collected by action in assumpsit or by lien filed
in the manner provided by law for the filing and collection of municipal
claims.
Except in case of necessity, or for the protection
of life or property, it shall be a violation of this chapter for any
person to do any of the following acts:
A.
Cut down or remove any shade tree, or interfere in
any manner with the main roots of any shade tree.
B.
Spray any shade tree with injurious chemicals or insecticides,
oil, gas, gasoline, liquid dye or other substance deleterious to tree
life, about the roots of any shade tree.
C.
Place any rope, guy wire, cable, sign, poster or other
fixture on a shade tree.
[Amended 6-28-2010 by Ord. No. 10-242]
E.
Injure, misuse or remove any device placed to protect
shade trees.
F.
Protection from building operations and other work.
[Amended 6-28-2010 by Ord. No. 10-242]
(1)
Prior
to any building operation or the performance of any work whatsoever
in the Township in the vicinity of any trees, such builder, worker
or subdivider shall submit to the Township a plan of the area in which
such building, work or construction shall be done. The location of
aerial utility lines shall be noted on the plans. Such plans shall
include the location of all trees. Trees shall be clearly depicted
by a symbol showing approximate location. Notes regarding size should
also be included. Trees in hedgerows, groves and woodlands may be
shown by indicating the outer canopy or dripline of the tree grouping.
Existing trees shown as masses must be labeled with an approximate
quantity of trees. The plans shall also clearly show which trees are
to be removed and which are to be preserved. The Township shall rule
on such plans and may designate other trees to be removed or protected.
(2)
Before any such work shall be commenced in connection with any building operation or the performance of any work whatsoever in the Township, tree protection fencing per § 205-53B shall be placed so as to effectively prevent injury to any trees in the vicinity.
(3)
No
person shall place or pile any building materials, cement, stone or
other substances which shall compact the soil or impede the passage
of water and air to the roots of any shade tree within the dripline
of any shade tree.
G.
Discharge of injurious materials prohibited. No person
shall intentionally pour salt water, oil or other materials at any
place in such a manner that injury may result to any shade tree.
H.
Pruning,
trimming, thinning, raising or removal. All pruning activities shall
be conducted in accordance with the American National Standard for
Tree Care Operations – Tree, Shrub, and Other Woody Plant Maintenance
– Standard Practices (Pruning) ANSI A300 (Part 1) - 2001 Pruning,
and as amended.
[Added 6-28-2010 by Ord. No. 10-242]
(1)
Pruning,
trimming or removal. A permit shall be required for any person, to
cut, prune, trim, or break greater than 10% of all branches on any
shade tree; to climb with spurs; or to remove any street tree or any
tree that was required to be planted as part of a subdivision or land
development; or to cut or interfere in any way with the main roots
of any tree in such a manner that it could result in injury to a tree.
(2)
Minimum
vertical clearance over public walks and streets – raising.
All trees shall be kept trimmed so that the minimum clearance where
they overhang any public walk shall be eight feet and the minimum
clearance where the trees overhang any public street or highway shall
be 18 feet. However, the Commission reserves the right to designate
a higher clearance on certain highways where heavy traffic or other
conditions make it expedient. A permit shall not be required to maintain
required minimum clearance.
I.
Tree topping,
as defined above, shall be expressly prohibited.
[Added 6-28-2010 by Ord. No. 10-242]
[Amended 6-28-2010 by Ord. No. 10-242]
No person shall, without first obtaining a
permit, place or hereafter maintain any stone, concrete or other substance
which shall impede the passage of water and air to the roots of any
tree unless such person shall leave an open space of ground surrounding
the trunk of the tree, such space to be not less than four square
feet.
No person shall permanently attach any electric
wire, insulator or any device for the holding of an electric wire
to any shade tree.
[Amended 6-28-2010 by Ord. No. 10-242]
Provisions of this chapter shall be enforced
by Montgomery Township or its duly authorized representatives.
A.
Any person who shall violate any of the provisions
of this chapter or who shall violate the terms or conditions of any
permit issued under this chapter shall be liable, upon a finding of
a violation by a District Justice, to a fine or penalty not exceeding
$500 for each and every offense, and each day that any such violation
shall continue shall constitute a separate offense punishable by a
like fine or penalty. Such fine or penalties may be collected as like
fines and penalties are now by law collected.
[Amended 6-28-2010 by Ord. No. 10-242]
B.
Such fine or penalties shall be a lien upon the real
estate of the offender and may be collected as municipal claims are
collected.
All penalties or assessments imposed under this
chapter shall be paid to the Township Treasurer to be placed to the
credit of the Montgomery Township Tree Fund subject to be drawn upon
by the Commission for the purposes of the preceding sections as approved
by the Board.
[Added 11-24-2008 by Ord. No. 08-232]
The Board is to be advisory and shall coordinate
its activities with the elected officials and other advisory committees
of the Township.
[Added 11-24-2008 by Ord. No. 08-232]
Members of the Board shall receive no compensation
for their services. Upon approval of the Supervisors, members of the
Board may be reimbursed by the Township for certain expenses incurred
in performance of their duties.
[Added 11-24-2008 by Ord. No. 08-232]
The Commission shall annually certify the costs
incurred under this chapter to the Supervisors. The costs shall be
paid from the general Township fund.
