[HISTORY: Adopted by the Board of Commissioners
of the Township of Marple as indicated in article histories. Amendments
noted where applicable.]
[Adopted 8-14-1972 by Ord. No. 72-19 (Ch.
80 of the 1971 Code)]
[Amended 5-13-1985 by Ord. No. 85-6]
All owners of property on which dead, neglected
or diseased trees are permitted to stand, which produce or cause to
be produced a dangerous condition likely to cause damage to any structure
or building or cause injury to the general public, shall cut down
said tree or trees and remove the same from the premises within five
days after the mailing of a written notice by the Code Enforcement
Officer, sent by registered or certified mail to the owner of record
at the address indicated on the current assessment rolls.
All owners of property on which dead, diseased
or abandoned trees have been felled and which remain to produce a
hazardous or dangerous condition so as to be exposed to the risk of
fire or as to produce an uncleanly condition shall be required to
remove the same from the premises within five days after the mailing
of a written notice by the Department of Code Enforcement, sent by
registered or certified mail to the owner of record at the address
indicated on the current assessment rolls.
[Amended 5-13-1985 by Ord. No. 85-6]
In the event that the owner of the property
on which there is a dead, diseased or neglected tree fails to remove
said tree or trees as provided in this article, the Township of Marple
shall be authorized to cut down and remove said dead, neglected or
diseased tree or trees and to collect the cost of said removal by
a lien or otherwise as authorized by the laws of the Commonwealth
of Pennsylvania.
[Added 6-12-2000 by Ord. No. 2000-10]
Any person violating any of the provisions of
this article shall, upon conviction thereof, be punishable by a fine
of not more than $1,000, plus costs of prosecution, and in default
of payment of such fine and costs by imprisonment for not more than
30 days.
[Adopted 7-12-1971 as Ch. 69 of the 1971 Code]
[Amended 5-13-1985 by Ord. No. 85-4]
The following regulations governing shade trees
of Marple, as adopted August 14, 1961, and as amended November 13,
1961, and October 14, 1963, are hereby approved by the Board of Commissioners
of Marple Township.
The following words and phrases, when used in
these regulations, shall have the meanings hereby ascribed to them,
except in those instances when the context clearly indicates a different
meaning:
Any permit in writing as issued by the Marple Township Code
Enforcement Officer, subject to approval by the Marple Tree Commission.
[Amended 5-13-1985 by Ord. No. 85-4; 4-11-2011 by Ord. No.
2011-2]
Any natural person, firm, association, partnership or corporation,
or their servants, agents or employees.
Any street, sidewalk or alley open to the public within right-of-way
lines thereof.
Any tree, shrub or other woody plant in or upon any public
street, highway or avenue in the Township of Marple, or that part
of any tree, shrub or other woody plant which extends within the lines
of any public street, highway or avenue in the Township of Marple.
[Amended 5-13-1985 by Ord. No. 85-4; 4-11-2011 by Ord. No.
2011-2]
The Marple Tree Commission shall have exclusive
custody and control of the shade trees in the Township of Marple and
is authorized to advise the Board of Commissioners to plant, maintain
and protect shade trees on the public highways in the township.
[Amended 5-13-1985 by Ord. No. 85-4; 4-11-2011 by Ord. No.
2011-2]
No tree shall be planted or removed in or upon
any public street, highway or avenue without a written permit from
the Code Enforcement Officer, subject to the approval of the Marple
Tree Commission, such permit to designate the type of tree and place
where such tree is to be planted or removed. The Marple Tree Commission
shall have the authority to designate a suitable type of tree and
may refuse a permit to plant any type of tree which, in its opinion,
is not suitable to the location. All persons shall first obtain a
written permit from the Code Enforcement Officer, subject to the approval
of the Marple Tree Commission, before doing or having done any work
for the care, pruning or trimming of any tree with its trunk in or
upon the public streets, highways or avenues, and such work shall
be done to the satisfaction of the Code Enforcement Officer.
[Amended 5-13-1985 by Ord. No. 85-4; 4-11-2011 by Ord. No.
2011-2]
The application for any permit required hereunder
shall be made in writing to the Township Secretary. It shall specify
the particular kind of work or operation the applicant desires to
perform thereunder and shall state the exact location and the species
of any tree affected. It shall be the duty of the Township Secretary
to submit every such application promptly to the Marple Tree Commission
and the Code Enforcement Officer for approval or disapproval. The
permit may be revoked at any time upon proof satisfactory to the Marple
Tree Commission that any of the terms or conditions upon which such
permit was issued are or have been violated. The Commission, in its
discretion, may, as a condition precedent to the issuance of the permit,
require the applicant to file a bond satisfactory to the Commission
or to deposit security satisfactory to it to guarantee the compliance
by the applicant with the terms and conditions upon which such permit
is issued.
[Amended 5-13-1985 by Ord. No. 85-4]
No tree shall be planted in or upon the public
streets, highways or avenues within five feet of any driveway, nor
shall any tree on private property adjacent to the sidewalk be planted
within five feet therefrom. No tree shall be planted nearer to the
intersection of any two or more streets than 25 feet from the point
of intersection of any two public right-of-way lines. A distance of
30 feet shall be maintained on streets which are state highways.
[Amended 5-13-1985 by Ord. No. 85-4; 4-11-2011 by Ord. No.
2011-2]
A.
All shade trees shall be kept trimmed by the owner
of the property on or in front of which they are located, so that
the minimum clearance when they overhang any public walks shall be
nine feet and the minimum clearance where they overhang any public
street, highway or avenue shall be 11 feet. However, the Marple Tree
Commission reserves the right to designate a higher clearance on certain
highways where heavy traffic or other conditions make it expedient.
Furthermore, all shade trees shall be kept trimmed in such a manner
as not to interfere with sight lines to traffic or safety signs or
signals or street markers or street lights from the right-of-way.
B.
If the property owner shall neglect or refuse to trim
any shade tree or weeds on any vacant lot as required by this section,
upon notice in writing by the Code Enforcement Officer within the
time limit specified in such notice, the Code Enforcement Officer
may cause such trimming to be done at the expense of the owner, and
the entire cost of the work shall be a lien upon said premises, and
a claim therefor shall be filed and collected by the Township Solicitor
in the same manner as municipal claims are filed and collected.
No person shall, without first obtaining a permit
therefor, cut, break, climb with spurs, injure in any manner or remove
any shade tree or cut down or interfere in any way with the main roots
of any shade tree or spray any shade tree with any chemical or insecticide
or place any rope, guy wire, cable, sign, poster or any other fixture
on any shade tree or guard for any shade tree or injure, misuse or
remove any device placed to protect any shade tree, except in case
of immediate necessity for the protection of life and property.
No person shall, without first obtaining a permit,
place or hereafter maintain any stone, cement or any other substance
which shall impede the passage of water and air to the roots of any
shade tree, unless such person shall have an open space of ground
surrounding the trunk of such tree, such space to be not less than
four feet square.
No person shall pour salt water, oil or any
other material at any place in such manner that injury might result
to any shade tree.
[Amended 5-13-1985 by Ord. No. 85-4; 4-11-2011 by Ord. No.
2011-2]
These regulations shall be enforced by the Code
Enforcement Officer in conjunction with the Board of Commissioners
and the Township Police. All work required to be done under any permit
shall be completed within a period of nine months by the new building
contractor or 60 days by the owner of the property from the date of
the issuance of the permit, unless such completion date is extended
by the Code Enforcement Officer or the permit shall have been previously
revoked for cause by the Marple Tree Commission.
[Amended 5-13-1985 by Ord. No. 85-4]
A minimum of one tree per lot shall be planted
on the house side of the sidewalk by the new building contractor.
[Amended 5-13-1985 by Ord. No. 85-4; 6-12-2000 by Ord. No. 2000-10; 4-11-2011 by Ord. No. 2011-2]
Any person who shall violate or fail to comply
with any of the regulations of the Marple Tree Commission of Marple
Township shall, upon conviction thereof, be punishable by a fine of
not more than $1,000, plus costs of prosecution, and in default of
payment of such fine and costs by imprisonment for not more than 30
days. Whenever such person shall have been notified by the Code Enforcement
Officer or by service of summons in prosecution or in any other way
that he is committing such violation, each day in which he shall continue
such violation after any such notification shall constitute a separate
offense punishable by like fine or penalty. Such fines or penalties
shall be collected as prescribed by law.
