[HISTORY: Adopted by the Board of Supervisors of the Township of
Skippack 3-27-1996 by Ord. No. 198. 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 Skippack Township, Pennsylvania, and also upon
public lands of the township, the Skippack Township Shade Tree Commission
is hereby established pursuant to the Second Class Township Code of the Commonwealth
of Pennsylvania.[1]
[1]
Editor's Note: See 53 P.S. § 65101 et seq.
As used in this chapter, the following terms shall have the meanings
indicated:
Board of Supervisors of Skippack Township.
Shade Tree Commission.
The line marking the outermost edges of the branches of a tree, trees
or woodlands.
An individual, firm, association, partnership or corporation.
Any public right-of-way, a portion of which is used for vehicular
travel, in the township.
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 dripline 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.
A specifically selected plant considered worthy of conservation by
the township because of species, size, shape, form, historical importance
or any other significant characteristic, particularly as applied to trees
over 20 inches in diameter.
A.
The Commission shall be composed of three residents of
the township, who shall be appointed by the Board and who shall serve without
compensation.
B.
As first established, the Board shall appoint to the
Commission one member to serve for a term of two years, one member to serve
for a term of three years and one member to serve for a term of four years.
All initial terms shall commence on September 1, 1995, and shall continue
until December 31 of the year the term expires.
C.
On the expiration of the term of any Shade Tree Commissioner,
a successor shall be appointed by the Board to serve a term of four years.
D.
Vacancies in the office of Shade Tree Commissioner shall
be filled by the Board for the unexpired term.
E.
Robert's Rules of Order shall apply to all meetings
of the Shade Tree Commission. The initial members of the Commission shall
create such bylaws as they shall, in their judgment, deem appropriate.
A.
The Shade Tree Commission shall be an advisory body of
the shade trees in the township and is authorized to make recommendations
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.
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 guards, curbing or grading
for the protection thereof and of 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.
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.
A.
All stumps of shade trees 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.
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, salt water or other substance deleterious
to tree life about the roots of any shade tree in such manner that injury
may result to any shade tree.
C.
Place any rope, guy wire, cable, sign, poster or other
fixture on a shade tree or on a shade tree guard.
D.
Injure, misuse or remove any device placed to protect
shade trees.
E.
Place or pile any building materials, cement, stone or
other substances which shall impede the passage of water and air to the roots
of any shade tree within the dripline of any shade tree.
F.
Attach any electric wire, insulator or any device for
the holding of an electric wire to any shade tree.
In connection with any building operation or the performance of any
work whatsoever in the township in the vicinity of any shade trees, before
any such work shall be commenced, guards shall be placed at all shade trees
which may be affected by such work, so as to effectively prevent injury to
them. Shade trees shall be protected by a physical barrier (such as a snow
fence) to be erected at the dripline of any tree or woodlands.
Provisions of this chapter shall be enforced by the Shade Tree Commission
and by the Code Enforcement Officer and his duly authorized representatives.
A.
Any person who violates or permits a violation of this
chapter, upon being found liable therefor in a civil enforcement proceeding,
shall pay a fine of not more than $600, plus all court costs, including reasonable
attorney's fees, incurred by the township in the enforcement of this
chapter. No judgment shall be imposed until the date of the determination
of the violation by the District Justice and/or Court. If the defendant neither
pays nor timely appeals the judgment, the township may enforce the judgment
pursuant to the applicable rules of civil procedure. Each day a violation
exists shall constitute a separate offense. Further, the appropriate officers
or agents of the township are hereby authorized to seek equitable relief,
including injunction, to enforce compliance herewith.[1]
B.
Such fine or penalty 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 Shade Tree Commission,
subject to be drawn upon by the Commission for the purposes of the preceding
sections.
