[HISTORY: Adopted by the Board of Supervisors
of the Township of Upper Southampton 9-6-2016 by Ord. No. 440[1]. Amendments noted where applicable.]
GENERAL REFERENCES
Parks and recreation — See Ch. 123.
Streets and sidewalks — See Ch. 156.
Subdivision and land development — See Ch. 160.
[1]
Editor’s Note: This ordinance also repealed former Ch.
168, Trees, adopted 1-21-1986 as Ch. 25, Part 1, of the 1986 Code,
as amended.
Trees shall not be planted or replanted within the right-of-way
of public streets and highways in the Township, excluding state highways.
Existing trees located in the right-of-way of public streets
and highways in the Township, excluding state highways, may remain
but may not be replaced if removed. All such trees shall be kept trimmed
by the owner of the property abutting the right-of-way so that the
minimum clearance where the trees overhang any public walk shall be
nine feet and the minimum clearance where they overhang or project
into any public street or highway right-of-way shall be 14 feet. However,
the Township is hereby given the right to designate a higher clearance
on certain highways, where heavy traffic or other conditions make
it expedient. All trees, plants or shrubs standing on private property
and having branches projecting into or over a public highway or right-of-way
shall be kept trimmed by the owner of such private property so that
no portion thereof shall extend into or over a sidewalk or right-of-way
below the minimum clearance specified above, or such other clearance
as may be specified by the Township. In case the owner of such property
shall neglect or refuse to trim such trees, plants or shrubs upon
being notified in writing by the Township to do so, the Township may,
after the expiration of the date specified in said notice, cause such
trimming to be done at the expense of the owner, and the entire cost
thereof shall be a lien upon said premises and shall be filed and
collected by Upper Southampton Township in the same manner as municipal
claims are filed and collected.
Owners of property abutting the right-of-way of public streets
and highways in the Township, excluding state highways, shall be required
to cut and remove trees located in the right-of-way of the abutting
property if the condition of the trees, through disease or otherwise,
unreasonably affects or interferes with the health, safety or welfare
of the public or the right of the public to the unobstructed use of
the public road or property. If the property owner has not complied
with that order to remove such trees within 30 days after the date
of notice by certified mail, return receipt requested, the Township
may enter the premises and remove the trees. The cost of cutting and
removal of trees by the Township shall be charged to the property
owner. The charge shall be a lien against the real estate of the property
owner and shall be collected in the same manner as other municipal
liens.
Any violation of this chapter may be enforced by action brought
before a District Justice in the same manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure.
Any person, firm or corporation who shall violate any provision of
this chapter shall, upon conviction thereof, be sentenced to pay a
fine of not more than $1,000 and/or to imprisonment for a term not
to exceed 10 days. Each day that a violation of this chapter continues,
or each section of this chapter which shall be found to have been
violated, shall constitute a separate offense. For purposes of this
section, the doing of any act or thing prohibited by any provision
of this chapter, or the failure to do any act or thing as to which
any provision of this chapter creates an affirmative duty, shall constitute
a violation of this chapter punishable as herein stated.
