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.
[Amended 4-13-1994 by Ord. No. 94-24; 11-18-2013 by Ord. No. 2013:22]
The following list constitutes the official curbside tree species for Pennsauken Township. No species other than those included in 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. In curbside areas 24 inches to 30 inches in width, the following species can be planted:
(1) Eastern redbud (Cercis Canadensis).
(2) European hornbeam (Carpinus betulus).
(3) Golden rain tree (Koelreuteria paniculata).
(4) Hedge maple (Acer campestre).
(5) Japanese lilac (Syringa reticulata).
(6) Tatarian maple (Acer tartaricum).
[Amended 9-6-2017 by Ord. No. 2017:10]
(7) Redspire pear (Pyrus calleryana redspire).
(8) White fringetree (Chionanthus virginicus).
[Amended 9-6-2017 by Ord. No. 2017:10]
B. In curbside areas 30 inches to 36 inches in width, the following species can be planted:
(1) Katsura tree (Cercidiphylum japonicum).
(2) Korean mountain ash (Sorbus alnifolia).
(3) Little leaf linden (Tilia cordata).
(4) Newton sentry sugar maple (Acer saccharum newton sentry).
(5) Princeton upright scholar tree (Sophora japonica sr. upright).
(6) Thornless honey locust (Gleditsia triacanthos inermis).
C. In curbside areas 36 inches to 48 inches in width, the following species can be planted:
(1) Armstrong red maple (Acer rubrum armstrong).
(2) Bonfire sugar maple (Acer saccharum bonfire).
(3) Green mountain sugar maple (Acer saccharum green mountain).
(4) Greenspire linden (Tilia cordata greenspire).
(6) Black gum
tree (Nyssa sylvatica).
[Amended 9-6-2017 by Ord. No. 2017:10]
(7) October glory red maple (Acer rubrum october glory).
(8) Red sunset maple (Acer rubrum red sunset).
(9) Ruby horse chestnut (Aesculus carnea briotti).
(10) Village green zelkova (Zelcova serrata village green).
D. In curbside areas 48 inches plus in width, the following species can be planted:
(1) Saw tooth oak (Quercus acutissima).
(2) White oak (Quercus alba).
(3) Willow oak (Quercus phellos).
(4) Hackberry (Celtis occidentalis).
[Added 9-6-2017 by Ord. No. 2017:10]
(5) Sycamore
tree (Platanus occidentalis).
[Added 9-6-2017 by Ord. No. 2017:10]
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.
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.