Borough of Lansdale, PA
Montgomery County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the Borough of Lansdale 1-17-1979 by Ord. No. 1177[1] (Ch. 102 of the 1972 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Code enforcement — See Ch. 30.
Property maintenance — See Ch. 304.
[1]
Editor's Note: This ordinance superseded former Ch. 102, Shade Trees, adopted 11-30-1964 by the Shade Tree Commission and approved 12-3-1964 by the Council of the Borough of Lansdale by Ord. No. 886, as amended.
A. 
The following words and phrases, when used in this chapter, shall have the meanings hereby ascribed to them, except in those instances where the context clearly indicates a different meaning:
DEPARTMENT OF CODE ENFORCEMENT
The Department of Code Enforcement of the Borough of Lansdale.
[Amended 10-17-1990 by Ord. No. 1433]
PERMIT
Any permit in writing as issued by the Department of Code Enforcement.
[Amended 10-17-1990 by Ord. No. 1433]
PERSON
Any person, firm, association, partnership, company or corporation.
PUBLIC HIGHWAY
Any street, sidewalk or alley open to the public within the Borough of Lansdale.[1]
SHADE TREE
Any tree, shrub or other woody plant on any public highway in the Borough of Lansdale or that part of any tree, shrub or other woody plant which extends within the lines of any public highway.
[1]
Editor's Note: The Borough-specified nomenclature change of "Secretary" to "Department of Code Enforcement" effectively repealed the former definition of "Secretary," which immediately followed this definition, at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
In this chapter, the singular shall include the plural, and the masculine shall include the feminine.
[Amended 10-17-1990 by Ord. No. 1433]
The Department of Code Enforcement shall have exclusive custody and control of the shade trees of the Borough of Lansdale and is authorized to plant, maintain and protect shade trees on the public highways of the Borough.
[Amended 10-17-1990 by Ord. No. 1433]
A. 
The application for any permit required hereunder shall be made in writing to the Department of Code Enforcement. It 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 affected. The permit shall be effective for such length of time as the Department of Code Enforcement shall in each case determine, and such time shall be indicated on the permit. Any such permit may be revoked at any time upon proof satisfactory to the Department of Code Enforcement that any of the terms or conditions upon which such permit was issued are or have been violated.
B. 
The Department of Code Enforcement, in its discretion, may, as a condition precedent to the issuance of the permit, require the applicant to file a bond satisfactory to the Department of Code Enforcement or to deposit security satisfactory to it to guarantee the compliance by the applicant with the terms and conditions upon which such permit was issued.
Each application for a permit shall be accompanied by a fee as set by resolution of the Borough Council, to be paid to the Borough Treasurer.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Amended 10-17-1990 by Ord. No. 1433]
No person shall plant any shade tree in the Borough of Lansdale until such a permit is granted. Such permit shall designate where such tree is to be planted. The Department of Code Enforcement may refuse a permit to plant a species of tree which, in its opinion, is not suited to the location.
[Amended 10-17-1990 by Ord. No. 1433]
All shade trees planted in and among any of the public highways in the Borough shall be planted so as to form as nearly as possible a straight and uniform line with the other shade trees growing upon said highway. Said trees, where practicable, shall be set on private property at least five feet from the inside edge of the sidewalk and shall be set or planted approximately 30 feet apart. Said trees shall be sound, straight and symmetrical, and each and every tree shall be not less than 10 feet in height, two inches in diameter, at a point two feet from the ground. Every such tree shall be planted in a pit three feet square, filled with good topsoil, otherwise enriched, and shall have an open space of ground outside the trunk of said tree with an area where practicable of not less than four feet square for the entrance of water and air to the roots thereof. In order to secure uniformity and best results, all shade trees thereafter planted in or along any of the public highways in the Borough shall be of the types and general forms known as "uniform," "upright" and "globe." The Department of Code Enforcement may grant exceptions from the above provisions where necessary and not contrary to the public interest.
All shade trees shall be kept trimmed by the owner of the property on or in front of which they are located so as not to interfere with the proper lighting of public highways by the streetlights and with traffic control signs and devices and electric transmission wires, and so that the minimum clearance above the public highways known as Main Street, Broad Street, Valley Forge Road (also known as Franconia Avenue), Cannon Avenue, Hancock Street, Church Road and Seventh Street in the Borough of any overhanging portion thereof shall be 14 feet and the minimum clearance above all other public highways of the Borough of any overhanging portion thereof shall be eight feet.
A. 
If any property owner shall neglect or refuse to trim any shade tree as required by § 361-7 of this chapter, upon notice in writing by the Department of Code Enforcement or the Borough Solicitor within the time limit specified in such notice, the Department of Code Enforcement may cause such trimming to be done at the expense of such owner, and the entire cost thereof, including overhead and administrative expense, together with a penalty of 10% and costs, shall be a lien upon said premises, and a claim therefor shall be filed and collected by the Borough Solicitor in the same manner as municipal claims are filed and collected.
[Amended 10-17-1990 by Ord. No. 1433]
B. 
The Borough of Lansdale may, without notice to the property owner, trim any shade tree or part thereof which interferes with the proper lighting of public highways by streetlights, traffic control signs and devices and electric transmission wires of the Borough of Lansdale.
A. 
No person shall, without first obtaining a permit therefor, cut, break, climb with spurs, injure in any manner or remove any shade tree or cut down or interfere in any way with the main roots of any shade tree or place any rope, guy wire, cable, sign, poster or any other fixture on any shade tree or guard for any shade tree or injure, misuse or remove any device placed to protect any shade tree, except in the case of immediate necessity for the protection of life and property.
B. 
The Department of Code Enforcement may condition the granting of a permit for the removal of a shade tree upon replanting by the applicant of new trees at locations approved by the Department of Code Enforcement on the applicant's property.
[Amended 10-17-1990 by Ord. No. 1433]
No person shall, without first obtaining a permit, place any stone, cement or any other substance which shall impede the passage of water and air to the roots of any shade tree, unless such person shall have an open space of ground surrounding the tree trunk, such space to be not less than four feet square.
In connection with any building operation or the performance of any work whatsoever in the Borough in the vicinity of any shade tree, before any work shall be commenced, guards shall be placed at all shade trees which might be affected by said work so as to effectively prevent injury to them.
No person shall pour salt water, oil or any other material at any place in such a manner that injury might result to any shade tree.
[Amended 10-17-1990 by Ord. No. 1433]
The Department of Code Enforcement is authorized to plant, transplant, remove and protect shade trees along any public highway in the Borough of Lansdale at the expense of the owner of the real estate in front of whose property the work is done, and the entire cost thereof, including overhead and administrative expense, shall be a lien upon said premises, and a claim therefor shall be filed and collected by the Borough Solicitor in the same manner as municipal claims are filed and collected. Notice of the time and place of the meeting at which such work is to be considered shall be given in a newspaper of the Borough of Lansdale once a week for two weeks immediately preceding the time of the meeting, said notice specifying in detail the streets or portions thereof upon which trees are proposed to be so planted, replanted, removed, maintained or protected.
Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the Borough lockup for a period not exceeding 10 days or to the county jail for a period not exceeding 30 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).