[HISTORY: Adopted by the Township Committee of the Township of Pennsauken 3-13-1978 by Ord. No. 78-3 as §§ 78-7, 78-8, 78-9, 78-11 and 78-23 of Ch. 78 of the 1977 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Shade
Tree Commission — See Ch.
9, Art.
VII.
Brush, grass and weeds — See Ch.
111.
Property maintenance — See Ch.
243.
Maintenance of sidewalk area — See Ch.
273, Art.
I.
A. Except as hereinafter provided, the initial cost of all trees planted by the Shade Tree Commission, the cost of planting the same, the cost of the posts and boxes or guards used for the protection thereof and the cost of the removal of any tree or part thereof dangerous to public safety shall, if the Commission shall so determine in accordance with uniform rules and regulations promulgated for this purpose, be a charge upon the real estate in front of which such tree or trees shall be planted or removed as an improvement thereof. Such cost, if it is so determined that it is to be paid by the owner, shall, unless paid directly to the Commission, be certified by it to the Collector of Taxes of the municipality, shall thereupon become and be a lien upon said real estate, shall be included in the next tax bill rendered to the owner or owners thereof and shall be collected in the same manner as other taxes against that property.
B. The provisions of this section shall not apply to:
(1) A planting to replace a tree or trees theretofore planted by the Commission.
(2) A planting in connection with Arbor Day exercises or other educational demonstrations.
In every case where the property of an abutting owner will be chargeable with the cost of the planting of any shade tree or trees, the Shade Tree Commission shall give notice of the meeting at which it is proposed to consider said planting by publishing the notice at least once, not less than 20 days before the meeting, in a newspaper circulating in the municipality and by personal service of a copy of the notice upon the abutting owner at least 10 days before the meeting. The notice shall specify the street, streets or portions thereof on which such planting is proposed and shall require all persons who may object thereto to present their objections, in writing, at the office of the Commission at or before the meeting. Before final action shall be taken, all objections so filed shall be considered. The Commission shall give reasonable notice of its intention to remove or to cause the removal of a tree or part of a tree dangerous to public safety, unless public safety requires immediate removal, in which case no notice shall be necessary.
A. No statute giving any person or state, county or municipal board, body or official the power or authority to lay any sidewalk along or to open, construct, curb or pave any street or to do any similar act shall be construed to permit or authorize any interference with or injury to a highway shade tree without the consent of the Shade Thee Commission within whose jurisdiction such tree shall be located. In all cases, such Commission shall reasonably cooperate with such person, board, body or official for the general public good.
B. Nothing contained in this chapter shall be held to take away or diminish any of the powers or authority of any county park commission over the trees or shrubbery in any county park or parkway within its jurisdiction or to give any other commission or board any power or authority with respect to such trees or shrubbery.
[Amended 4-13-1994 by Ord. No. 94-24; 11-18-2013 by Ord. No. 2013:22; 9-6-2017 by Ord. No. 2017:10; 9-19-2019 by Ord. No. 2019:17]
The following list constitutes the official curbside tree species for Pennsauken Township. No species other than those included on this list may be planted as curbside trees without permission of the Shade Tree Commission. (For purposes of this chapter, "curbside" is defined as the area inside the face of the curb and the outside edge of the walkway or property line).
A. Under utility wires, in curbside areas 24 inches to 30 inches in width, the following species may be planted:
Latin Name | Common Name | Mature Height (average) (feet) | Mature Width (average) (feet) | Comments |
---|
Acer buergerianum | Trident maple | 20 | 15 | |
Acer griseum | Paperbark maple | 20 | 15 | |
Carpinus betulus fastigiata | Columnar European hornbeam | 20 | 8 | Columnar |
Prunus autumnalis | Autumn flowering cherry | 20 | 15 | |
Prunus sarg. columnaris | Columnar sargent cherry | 20 | 15 | |
Prunus virginiana | Canada red chokecherry | 20 | 15 | |
Syringa reticulata | Japanese tree lilac | 20 | 15 | |
B. Under utility wires, in curbside areas 30 inches to 36 inches in width, any trees from group A, plus the following species may be planted:
Latin Name | Common Name | Mature Height (average) (feet) | Mature Width (average) (feet) | Comments |
---|
Acer campestre | Hedge maple | 25 | 25 | |
Acer leucoderme | Chalkbark maple | 25 | 25 | Native SE US |
Acer palmatum | Japanese maple | 10 | 10 | |
Acer truncatum | Purpleblow maple | 20 | 20 | |
Amelanchier Autumn Brilliance | Autumn brilliance serviceberry | 15 | 15 | Native |
Amelanchier Prince Charles | Prince Charles serviceberry | 25 | 20 | Native |
Amelanchier Princess Diana | Princess Diana servicebery | 15 | 15 | Native |
Carpinus caroliniana | American hornbeam | 20 | 20 | Native |
Cercis forest pansy | Forest pansy redbud | 20 | 20 | Native |
Cercis Ren. Oklahoma | Oklahoma redbud | 12 | 15 | Native |
Chionanthus virginicus | White fringetree | 12 | 12 | Native |
Cornus Florida selections | American dogwoods | 12 to 30 | 15 to 30 | Native |
Cornus Kousa selections | Kousa dogwoods | 15 to 30 | 15 to 30 | Tree form |
Cornus Rutgers selections | Rutgers dogwoods | 15 to 30 | 15 to 30 | Native |
Crataegus Winter King | Winter King hawthorn | 25 | 25 | Native |
Cotinus obovatus | American smoketree | 10 | 15 | Native |
Lagerstroemia | Crape myrtle | 4 to 12 | 4 to 8 | Vase shaped |
Maackia amurensis | Amur maackia | 20 | 20 | |
Malus selections | Crabapples | 15 to 20 | 15 to 20 | Tree form |
Parrotia persica | Persian parrotia | 20 | 20 | |
Prunus cerasifera | Cherry plum | 15 | 15 | |
Prunus kanzan | Kwanzan cherry | 25 | 25 | |
Prunus okame | Okame cherry | 20 | 15 | |
Prunus sargentii | Sargent cherry | 20 | 20 | |
Styrax japonica | Japanese snowbell | 20 | 20 | |
C. Under utility wires, in curbside areas greater than 36 inches in width, any trees from groups A and B, plus the following species may be planted:
Latin Name | Common Name | Mature Height (average) (feet) | Mature Width (average) (feet) | Comments |
---|
Acer Henryi | Henry maple | 20 | 30 | |
Acer sac. Newton Sentry | Newton sentry sugar maple | 40 | 10 | |
Acer nikoense | Nikko maple | 20 | 30 | |
Acer rub. October Glory | October glory maple | 40 | 30 | |
Acer rub. Red Sunset | Red sunset maple | 40 | 30 | |
Aesculus car. Briotti | Ruby horse chestnut | 30 | 25 | |
Carpinus betulus | European hornbeam | 40 | 30 | Not fastigiata |
Gleditsia tri. inermis | Thornless honey locust | 30 | 25 | |
Halesia tetraptera | Carolina silverbell | 30 | 20 | Native |
Nyssa sylvatica | Black gum tree | 30 | 20 | Native |
Prunus yedoensis | Yoshino cherry | 30 | 30 | |
Sophora jap. sr. upright | Princeton upright scholar tree | 40 | 30 | |
Sorbus alnifolia | Korean mountain ash | 40 | 20 | |
D. In curbside areas greater than 36 inches in width, where there are no utility wires, any trees from groups A, B or C, plus the following species may be planted:
Latin Name | Common Name | Mature Height (average) (feet) | Mature Width (average) (feet) | Comments |
---|
Acer freemanii Armstrong | Armstrong maple | 50 | 10 | |
Acer sacc. Green Mountain | Green mountain sugar maple | 40 | 25 | |
Tilia cordata | Littleleaf linden | 50 | 35 | |
Tilia cordata Greenspire | Greenspire linden | 40 | 35 | |
Quercus phellos | Willow oak | 40 | 25 | |
E. In curbside areas greater than 48 inches in width, where there are no utility wires, any trees from groups A, B, C or D, plus the following species may be planted:
Latin Name | Common Name | Mature Height (average) (feet) | Mature Width (average) (feet) | Comments |
---|
Acer saccharum 'Bonfire' | Bonfire sugar maple | 60 | 60 | |
Celtis occidentalis | Hackberry | 40 | 40 | |
Fraxinus penn. seedless | Marshall seedless green ash | 50 | 35 | |
Quercus alba | White oak | 50 | 50 | |
Platanus occidentalis | Sycamore tree | 75 | 75 | Native SE U.S. |
The trees suggested on the recommended list above are acceptable; however, a potential hazard for sidewalks, water and sewer lines always exists. |
[Added 9-19-2019 by Ord. No. 2019:17]
A. Landscaping shall be provided as approved by the reviewing board to provide shade, designate entrances, screen parking from roads, buffer utility areas and provide aesthetic interest throughout the year. Along Route 130, a berm and plantings are required to screen parking from the road. The minimum tree size along Route 130 shall be 3 1/2 to four inches in caliper, either 50 feet on center or equivalent.
B. Protection of existing plantings. Maximum effort shall be made to save existing plantings (because of size or relative rarity). No material or temporary soil deposits shall be placed within four feet of shrubs or 10 feet of trees designated to be retained. Protective barriers or tree wells shall be installed around each plant and/or group of plants that are to remain on the site. Snow fences and silt fences are examples of acceptable barriers.
C. Slope plantings. Landscaping in the area of all cuts and fills and/or terraces shall be sufficient to prevent erosion, and all roadway slopes steeper than one foot vertically to three feet horizontally shall be planted with ground covers appropriate for the purpose and soil conditions, water availability and environment.
D. Additional landscaping. In nonresidential developments, all areas of the site not occupied by buildings and improvements shall be landscaped by the planting of grass or other ground cover, shrubs and trees as part of a site plan approved.
E. Only nursery-grown plant materials shall be acceptable; and all trees, shrubs and ground covers shall be planted according to accepted horticultural standards.
F. Plant species. The plant species selected should be hardy for the climate zone and appropriate in terms of function and size.
G. Maintenance. Plantings shall be watered regularly and in a manner appropriate for the specific plant species through the first growing season, and dead or dying plants shall be replaced by the applicant during the next planting season.
H. Parking lot landscaping. In parking lots, at least 5% of the interior parking area shall be landscaped with plantings, and one tree for each 10 spaces shall be installed. Parking lot street frontage screening and perimeter screening shall be a minimum of five feet wide. Planting required within the parking lot is exclusive to other planting requirements.
No tree may be planted closer than:
A. Ten feet to a utility pole.
B. Seven feet to a fire hydrant.
C. Twenty-five feet to an existing tree.
D. Twenty feet to a street intersection.
E. Seven feet to a water sewer or other underground utilities.
F. Seven feet to the widest part of a driveway entrance.
A. The Township shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public grounds.
B. The Township Shade
Tree Commission may remove or cause or order to be removed any
tree or part thereof which is in any unsafe condition or which by reason of its nature is injurious to sewer lines, gas lines, waterlines or other public improvements or is affected with any injurious fungus, insect or other pest. This section does not prohibit the planting of street
trees by adjacent property owners, provided that the selection and location of said
trees is in accordance with §§
289-11 and
289-12 of this chapter.
C. The Township Shade
Tree Commission and/or the Department of Public Works may remove or cause or order to be removed curbside
trees as requested by the property owner, meeting the following criteria:
[Added 9-6-2017 by Ord. No. 2017:10]
(2) A defect in the structural integrity of the tree, creating a hazard or an unsafe condition.
(3) A disease or insect infestation resulting in the death or imminent death of the tree.
(4) Base rot or severe root girdling which makes the tree a hazard.
(5) Interruption of sewer/water/gas line by root infestation of the curbside tree.
D. Requests for
tree removal must be directed to the Shade
Tree Commission or the Department of Public Works. An agreement must be signed by the residential property owner.
[Added 9-6-2017 by Ord. No. 2017:10]
It shall be unlawful as a normal practice for any person or firm to top any street tree, park tree or other tree on public property. "Topping" is defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this chapter at the determination of the Township Shade Tree Commission.
Every owner of any tree overhanging any street or right-of-way within the Township shall prune the branches so that such branches shall not obstruct the view of any street intersection and shall not obstruct the light from any street lamp and so that there shall be a clear space of eight feet above the surface of the street or sidewalk. Said owners shall remove all dead, diseased or dangerous trees or broken or decayed limbs which constitute a menace to the safety of the public. The Township shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a streetlight or interferes with visibility of any traffic control device or sign.
[Amended 4-13-1994 by Ord. No. 94-24; 12-2-2009 by Ord. No. 2009:28]
It is the property owner’s responsibility to have all stumps of street trees removed below the surface of the ground within 90 days of removal of the tree so that the top of the stump shall not project above the surface of the ground.
It shall be unlawful for any person or firm to engage in the business or occupation of pruning, treating or removing street trees within the Township without first applying for and procuring a license. The license fee shall be $25 annually in advance; provided, however, that no license shall be required of any public service company or Township department doing such work in pursuit of their public service endeavors or private property owner performing work on his or her property or tree limbs that cross his or her property. Before any license shall be issued, each applicant shall first file evidence of possession of liability insurance in the minimum amounts of $50,000 for bodily injury and $100,000 property damage indemnifying the Township or any person injured or damaged resulting from the pursuit of such endeavors as herein described.
[Amended 4-13-1994 by Ord. No. 94-24]
Trees planted or existing between the curbline and the sidewalk abutting property is owned by and the responsibility of the property owner; subject, however, to the authority of the Shade
Tree Commission as provided in this section. The property owner is required to maintain the area between the curbline and the sidewalk as is provided for in §
273-3, Removal of grass,
trees and weeds.
It is unlawful to attach, in any manner, chains or signs of any sort to any curbside tree or to place any nails of any type into any curbside tree.
All moneys collected in any municipality, either as fines or penalties, for any violation of a rule or regulation of a Shade Tree Commission or as a charge against real estate under any provision of this chapter shall be forthwith paid over to the municipal officer empowered to be the custodian of the funds of the municipality.
Nothing contained in this chapter shall be construed to make any Shade Tree Commission or any member thereof responsible for the death or injury of any person or for any injury to any property or highway tree or shrub.
The Shade Tree Commission is hereby authorized and empowered to promulgate such written rules and regulations as may be necessary, pursuant to statute, for the proper interpretation, administration and enforcement of this basic chapter, provided that such rules and regulations do not conflict with this chapter and conform to the general standards prescribed by this chapter.
A. The Commission may prescribe a fine for the violation of each of its ordinances in an amount not exceeding $200 for each violation, and the courts which now or hereafter shall have jurisdiction over actions for the violation of ordinances of the municipality in which the Commission has been or shall be appointed shall have jurisdiction in actions for the violation of such ordinances as the Commission shall enact.
B. The ordinances shall be enforced by like proceedings and process, and the practice for the enforcement thereof shall be the same as that provided by law for the enforcement of the ordinances of the municipality in which the Commission exists.
C. The officers authorized by law to serve and execute process in the aforementioned courts shall be the officers to serve and execute any process issued out of any court under this chapter.
D. A copy of any ordinance of the Commission certified to under the hand of its Secretary or Chairperson shall be received in any court of this state as full and legal proof of the existence of the ordinance and that all requirements of law in relation to the ordaining, publishing and making of the same, so as to make it legal and binding, have been complied with, unless the contrary is shown.