[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.]
[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Editor's Note: This ordinance superseded former Ch. 102, Shade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.
DEPARTMENT OF CODE ENFORCEMENT
PERMIT
PERSON
PUBLIC HIGHWAY
SHADE TREE
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:
The Department of Code Enforcement of the Borough of Lansdale.
[Amended 10-17-1990 by Ord. No. 1433]
Any permit in writing as issued by the Department of Code
Enforcement.
[Amended 10-17-1990 by Ord. No. 1433]
Any person, firm, association, partnership, company or corporation.
Any street, sidewalk or alley open to the public within the
Borough of Lansdale.[1]
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.
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.
[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.
