Part 1 TREE BOARD
[Ord. 2004-08, 12/23/2004, § 1]
- STREET TREES
- Trees, shrubs, bushes and all other woody vegetation on land lying between street lines of all streets, roads, alleys, avenues, lanes, squares or ways within the Township.
- PARK TREES
- Trees, shrubs, bushes and all other woody vegetation in Township parks and open space areas.
[Ord. 2004-08, 12/23/2004, § 2]
There is hereby created and established a Township Tree Board for the Township of Plumstead, Bucks County, Pennsylvania, which shall consist of three members who are residents of the Township and who shall be appointed by the Board of Supervisors.
[Ord. 2004-08, 12/23/2004, § 3]
The term of the three members of the Tree Board shall be appointed for a term of two years with one member being appointed to a one-year term for the initial Tree Board and two members being appointed for a two-year term. In the event that a vacancy shall occur during the term of any member, his/her successor shall be appointed for the unexpired portion of the term.
[Ord. 2004-08, 12/23/2004, § 4]
Members of the Tree Board shall serve without compensation.
[Ord. 2004-08, 12/23/2004, § 5]
It shall be the responsibility of the Tree Board to study, investigate, administer and develop and/or update annually, a written plan for the care, preservation, pruning, planting, replanting, removal or disposition of trees and shrubs in parks and open space areas, along streets and other public areas. Such plan will be presented annually to the Board of Supervisors and upon their acceptance and approval shall constitute the official Comprehensive Township Tree Plan for the Township of Plumstead. The Tree Board, upon request by the Board of Supervisors, shall investigate and report to the Board of Supervisors upon any special matter coming within the scope of the Board's duties and responsibilities.
[Ord. 2004-08, 12/23/2004, § 6]
The Board of Supervisors shall appoint the Chairman of the Tree Board on an annual basis and shall make rules and regulations for the efficient operation of the Tree Board. A majority of the members, if present, shall constitute a quorum for the transaction of business.
[Ord. 2004-08, 12/23/2004, § 7]
The following list constitutes the official street tree species for Plumstead Township:
[Ord. 2004-08, 12/23/2004, § 8]
"Large" street trees shall be planted at intervals of not more than 40 feet. "Small street trees shall be planted at intervals of not more than 25 feet. All trees must be selected and coordinated to provide adequate separation from overhead and underground utilities.
[Ord. 2004-08, 12/23/2004, § 9]
The distance trees may be planted from curbs or curb lines and sidewalks will be in accordance with the species, size and growth characteristics.
[Ord. 2004-08, 12/23/2004, § 10]
No street trees shall be planted closer than 25 of any street corner, measured from the point of the nearest intersecting curbs or curb lines. No street tree shall be planted closer than 10 feet to any fire hydrant.
[Ord. 2004-08, 12/23/2004, § 11]
No street trees other than those species listed as small trees in § 25-107 of this Part may be planted under or within 10 lateral feet of any overhead electric utility wire or over or within five lateral feet of any underground waterline, sewer line, transmissions line or other utility.
[Ord. 2004-08, 12/23/2004, § 12]
The Township shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all streets, roads, 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.
The Township may remove or cause or order to be removed, any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gas lines, water lines or other public improvements, or is infected with any injurious fungus, insect or other pest. This Section does not prohibit the planting of street trees by adjacent property owners; providing, that the selection and location of said trees is in accordance with §§ 25-107 through 25-111 of this Part.
[Ord. 2004-08, 12/23/2004, § 13]
It shall be unlawful, as a normal practice, for any person, firm or Township Department 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 by this Part.
[Ord. 2004-08, 12/23/2004, § 14]
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 light from any streetlight or obstruct the view of any street intersection and so that there shall be a clear space of seven 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 trees 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.
[Ord. 2004-08, 12/23/2004, § 15]
The Township shall have the right to cause the removal of any dead or diseased trees on private property within the Township when such trees constitute a hazard to life and property, or harbor insects or disease which constitute a potential to other trees within the Township. The Township Tree Board will notify, in writing, the owners of such trees. Removal shall be done by said owners at their own expense within 60 days after the ate of service of notice. In the event of failure of owners to comply with such provisions, the Township may enter the property and remove the trees, charging the cost of the cutting and removal to the property owners. The charge shall be a lien against the real estate of the property owner and shall be collected in the same manner as other municipal liens.
[Ord. 2004-08, 12/23/2004, § 16]
All stumps of street and park trees shall be removed below the surface of the ground so that the top of stump shall not project above the surface of the ground.
[Ord. 2004-08, 12/23/2004, § 17]
It shall be unlawful for any person to prevent, delay or interfere with the Township Tree Board, or any of its agents, while engaging in and about the planting, cultivating, mulching, pruning, spraying or removing of any street trees, park trees or trees on private grounds, as authorized in this Part.
[Ord. 2004-08, 12/23/2004, § 18]
Any engaging in the business or occupation or pruning, treating or removing street or park trees within the Township shall comply with the Township's contracting licensing ordinance.
[Ord. 2004-08, 12/23/2004, § 19]
Any person aggrieved by any action of the Township Tree Board may file an appeal to the Board of Supervisors in accordance with the Local Agency Act.
[Ord. 2004-08, 12/23/2004, § 20; as amended by Ord. 2004-07, 12/7/2004, § 1]
Any person, firm or corporation who shall violate any provision of this Part shall, upon conviction thereof in an action brought before a district justice in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 nor less than $250 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part continues or each Section of this Part which shall be found to have been violated shall constitute a separate offense.