This chapter is established for the following
purposes:
A. To regulate the planting, removal and maintenance
of vegetation within the ultimate rights-of-way of streets and highways
within the Township.
B. To ensure the selection of proper and suitable plant
materials.
C. To assist in the safe, orderly and efficient movement
of pedestrian and vehicular traffic through public rights-of-way.
As used in this chapter, the following terms
shall have the meanings indicated:
CLEAR SIGHT TRIANGLE
An area within a triangle bounded by two intersecting street
lines and a straight line drawn between points on each such line 50
feet from the intersection of said lines or extensions thereof.
[Amended 1-23-2014 by Ord. No. 934]
COMMISSION
The Whitemarsh Township Shade Tree Commission.
SHADE TREE
A woody plant or a portion thereof that has a minimum three-inch
caliper, is 14 feet or more in height, has eight feet minimum spread
with clear trunk to seven feet and is a full branching structure within
an ultimate right-of-way in Whitemarsh Township.
[Amended 1-23-2014 by Ord. No. 934]
STREET LINE
The dividing line between the street and a lot as more fully
defined in the Whitemarsh Township Zoning Ordinance.
[Amended 1-23-2014 by Ord. No. 934]
ULTIMATE RIGHT-OF-WAY
The right-of-way deemed necessary by the Whitemarsh Township
Official Map, as appropriate to provide adequate width for future
street improvements.
[Amended 1-23-2014 by Ord. No. 934]
Except as provided by law or in this chapter,
any shade tree within an ultimate right-of-way shall be planted, removed
or maintained in strict compliance with the regulations contained
in this chapter.
This chapter shall be enforced by the person
or agency specifically so directed in any provision hereof, or by
the Township Manager, or by any person or agency designated by the
Board of Supervisors or Township Manager from time to time.
[Amended 1-23-2014 by Ord. No. 934]
A. The standards and requirements specified herein shall be considered minimum standards and requirements in evaluating a tree survey plan for earth disturbance, grading, demolition, building, subdivision, land development, and zoning permits as specified in §
55-4A.
B. Where literal compliance with the standards and requirements specified
herein is shown to the satisfaction of the Shade Tree Commission to
be unreasonable or clearly impractical due to the particular circumstances,
the Shade Tree Commission may recommend to the Board of Supervisors
to modify or adjust said standards and requirements to permit reasonable
utilization of property while securing substantial conformance with
the objectives of this chapter.
[Amended 1-23-2014 by Ord. No. 934]
See Chapter
55 of the Township Code.
[Amended 1-23-2014 by Ord. No. 934]
A. All trees that are dead or have declined beyond recovery and which
due to their unhealthy condition threaten the public health, safety
or welfare, may be required, upon written notice by the Shade Tree
Commission, to be cut and removed by the responsible property owner.
This provision applies to any tree located within the Township.
B. Upon failure to comply with such notice within 30 days of receipt, the Township may cause the work to be done and levy or collect the costs thereof from the owner of the property in the same manner as described in §
100-10B and
C above.
[Amended 1-23-2014 by Ord. No. 934]
A. Shade trees shall be of symmetrical growth, free of insects, pests
and disease, and suitable for street use.
B. The minimum trunk diameter measured at a height of six inches above
the finished grade level shall be three inches in caliper.
C. The Shade Tree Commission shall review the applicant's proposed
list of recommended shade trees in order to ensure that appropriate
species are to be utilized.
D. The applicant shall replace, in accordance with landscaping plans,
any shade trees that die or, in the opinion of the landscape architect,
are in an unhealthy or unsightly condition and/or have lost their
natural shape due to dead branches, excessive pruning, inadequate
or improper maintenance or any other causes due to the applicant's
negligence. The applicant shall not be held responsible for acts of
vandalism occurring after the commencement of the guaranty period.
E. Replacements shall be made during the first spring or fall planting
season following the death of plants. The cost of such replacements
shall be borne by the applicant.
[Amended 1-23-2014 by Ord. No. 934]
The regulations set forth in this chapter may,
from time to time, be amended by the Board of Supervisors, pursuant
to the Township Charter and/or the Second Class Township Code, 53
P.S. §§ 65101 through 68701.
[Amended 12-8-1988 by Ord. No. 565]
Any person, partnership or corporation who or
which, being the owner or agent of any lot or parcel of land, shall
violate or fail to comply with the provisions of this chapter or any
order issued pursuant to any section thereof, shall be guilty of a
summary offense and upon conviction thereof shall be punishable by
a fine not to exceed $600 or by imprisonment not to exceed 30 days
for each and every offense whenever such person, partnership or corporation
shall have been notified, by service of summons in prosecution or
in any other way, that he is committing such violation after any such
notification. Each day's violation shall constitute a separate offense
punishable by like fine or penalty. Such fines or penalties shall
be collect as prescribed by law.