[HISTORY: Adopted by the Board of Supervisors of Upper Merion Township 9-11-1961 as part of Ord. No. 108. The remainder of this ordinance is included herein as Ch. 55, Shade Tree and Beautification Commission. Amendments noted where applicable.]
GENERAL REFERENCES
Shade Tree and Beautification Commission — See Ch. 55.
Fees — See Ch. A173.
As used in this chapter, the following terms shall have the meanings indicated:
PERMIT
A permit in writing as issued by the Secretary of the Shade Tree and Beautification Commission of Upper Merion Township or the Township Manager.
PERSON
Includes individuals, corporations, groups of individuals, firms, associations and their servants, agents or other employees.
TREE
Any tree, shrub or other woody plant in or upon any public street, highway, avenue, park, parkway or other public areas, or that part of any tree, shrub or other woody plant which extends within the lines of any public street, highway, avenue, park, parkway or other public areas in the township.
No tree shall be planted or removed in or upon any public street, highway, avenue, park, parkway or other public areas without a written permit from the Shade Tree and Beautification Commission, such permit to designate the type of tree and place where such tree is to be planted or removed. The Commission shall have authority to designate the type of tree and place where such tree is to be planted or removed. The 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 for the location. All persons shall first obtain a written permit from the Commission before doing or having done any work for the care, pruning or trimming of any tree in or upon the public streets, highways, avenues, parks, parkways and other public areas, and such work shall be done to the satisfaction of the Commission.
No tree shall be planted in or upon the public streets, highways, avenues, park, parkways and other public areas of the township within five (5) feet of any driveway, nor shall any tree on private property adjacent to the sidewalk be planted within three (3) feet therefrom. No tree shall be planted nearer to the intersection of any two (2) or more streets than twenty-five (25) feet from the point of intersection of any two (2) public right-of-way lines.
All trees shall be kept trimmed so that the minimum clearance where they overhang any public walk shall be nine (9) feet and the minimum clearance where the trees overhang any public street or highway shall be eleven (11) feet. However, the Commission reserves the right to designate a higher clearance on certain highways where heavy traffic or other conditions make it expedient. All trees standing on private property and having branches projecting over a public highway shall be kept trimmed by the owner of such private property so that the lowest branches shall have the minimum clearance specified above or such other clearance as may be specified by the Commission. In case the owner of such property shall neglect or refuse to trim the trees upon being notified in writing by the Commission so to do, the Commission may, after the expiration of thirty (30) days from 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 the township in the same manner as municipal claims are filed and collected and/or as hereinafter provided in this chapter.
The Commission may, upon thirty (30) days' written notice to the property owner, require the removal of diseased trees, and upon the failure of the owner so to do, within thirty (30) days thereafter the Commission may do so and collect the costs thereof as hereinbefore and hereinafter provided.
The application for any permit required hereunder shall be made in writing to the Township Manager upon forms furnished by him and shall specify the particular kind of work or operation the applicant desires to perform thereunder and shall state the exact location and species of any tree or trees affected. It shall be the duty of the Township Manager to submit every such application promptly to the Commission for approval or disapproval or to such other person as the Commission shall designate for this purpose. The permit shall be effective for such length of time as the Commission shall in each case determine, which shall be indicated on the permit, and such permit may be revoked at any time at the direction of the Commission upon satisfactory proof to the Commission that the terms and conditions upon which the permit has been issued are being or have been violated.
Whenever it is necessary for the Commission or the township to trim or remove trees by reason of the failure of the property owner so to do after thirty (30) days' notice, the township may levy and collect the costs thereof from the owner of the property. The cost of such work shall be a lien upon the premises from the time of the commencement of the work, which date shall be fixed by the Township Engineer and shall be filed with the Manager. Any such lien may be collected by an action in assumpsit or by lien filed in the manner provided by law for the filing and collection of municipal claims. The Township Manager shall cause thirty (30) days' written notice to be given the persons against whose property an assessment has been made, which notice shall state the amount of the assessment, the time and place of payment and certificates from the Commission and the Engineer as to the work performed. In the event of nonpayment within thirty (30) days thereafter, the same may be collected as herein provided.
[Amended 2-22-1988 by Ord. No. 88-529; 12-31-1991 by Ord. No. 91-593]
Any person who shall violate or fail to comply with any of the provisions of §§ 153-1 through 153-7 of this chapter or of the regulations of the Shade Tree Commission shall be liable on conviction thereof of a fine or penalty as set forth in Ch. 1, General Provisions, Art. III, General Penalty Provisions, for each and every offense, and whenever such person shall have been notified by the Commission or by service of summons in prosecution or in any other way that he is committing such violation, each day 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 paid to the Township Treasurer to be placed to the credit of the Commission. Prosecution shall be by way of a summary proceeding before a District Justice.
[Added 3-8-1982 by Ord. No. 82-430]
The aerial spraying of trees in Upper Merion Township by private commercial spray applicators shall be prohibited unless first the applicator applies for and receives a permit, to be issued by the Township Arborist.
[Added 3-8-1982 by Ord. No. 82-430]
Application for a permit required under § 153-9 above shall include the following:
A. 
Name and address of the applicator.
B. 
Type of chemical to be used.
C. 
Type of insect or disease to be controlled.
D. 
Dates and times of anticipated spraying.
E. 
Location to be sprayed.
F. 
Qualifications of those engaged in the spraying program.
G. 
A map of the area to be sprayed.
H. 
A sample label or copy of the chemical to be used.
I. 
A copy of the Pennsylvania Department of Agriculture's certified pesticide applicator's license.
J. 
Proof of liability insurance coverage in such amounts as shall be determined by the Board of Supervisors.
[Added 3-8-1982 by Ord. No. 82-430]
The granting or refusing of permits for aerial spraying shall constitute neither an approval or disapproval by Upper Merion Township of the spraying program. The applicator shall save and hold harmless the township from any and all liability which may result from the aerial spraying program to be conducted.
[Added 3-8-1982 by Ord. No. 82-430]
Amendments to the permit application to change the chemical to be applied by the applicator shall be made by written authorization from the Township Arborist only. Such requests shall be submitted in writing and accompanied by a new sample label or copy of the chemical to be used.
[Added 3-8-1982 by Ord. No. 82-430; 2-22-1988 by Ord. No. 88-529]
The permits to be issued pursuant to § 153-9 above shall be valid for a period of one (1) calendar year, for which a fee shall be paid as provided for in Chapter A173, Fees.
[Amended 12-31-1991 by Ord. No. 91-593]
Any person who shall violate or fail to comply with any of the provisions of §§ 153-9 through 153-13 or of the regulations adopted thereunder shall be liable on conviction thereof of a fine or penalty as set forth in Ch. 1, General Provisions, Art. III, General Penalty Provisions, for each and every offense. Whenever such person shall have been notified by service of summons in prosecution or in any other way that he is committing such violation, each day which he shall continue such violation after such notifications shall constitute a separate offense punishable by like fine or penalty. Such fines or penalties shall be collected as like fines or penalties are now by law collected.