[Ord. 97-06, 7/7/1997, § 1; as amended by Ord.
09-00, 10/2/2000]
The Township, by Ord. 97-07 [Chapter 1, Part 2D], heretofore created a Shade Tree Commission in accordance with the provisions of the Second Class Township Code and part of that ordinance required the Commission to prescribe such rules and regulations and to impose such penalties for violations as it may deem necessary provided, that the rules and regulations are approved by the Board of Supervisors.
[Ord. 97-06, 10/7/1996, § 2]
The Board of Supervisors, by this Part, hereby approves, adopts
and places in full force and effect the following regulations regarding
the planting, removing, maintaining and protecting of shade trees
in the Township of Spring.
[Ord. 97-06, 10/7/1996, § 3]
The Shade Tree Commission shall have authority with respect to the planting, removing, maintaining and protecting of such trees and shall be responsible for the review of subdivisions and the plans as are authorized by the Township Zoning Ordinance [Chapter 27] and subdivision regulations.
[Ord. 97-06, 10/7/1996, § 4]
A permit in writing as issued by the Secretary of the Shade
Tree Commission of Spring Township.
Any individual, firm, association or corporation.
Any tree, shrub or other woody plant within the right-of-way
of any public street in the Township of Spring, or that part of any
tree, shrub or other woody plant which extends within the lines of
any public street in said Township.
[Ord. 97-06, 10/7/1996, § 5]
1.
Application. The application for any permit required hereunder shall
be made in writing to the Secretary of the Shade Tree Commission upon
forms furnished by the Commission and shall specify the particular
kind of work or operation the applicant desires to perform thereunder
and shall state the exact locations and species of any tree or trees
affected. It shall be the duty of the Secretary of the Shade Tree
Commission to submit every such application promptly to the Commission
for approval or disapproval.
2.
Time of Permit. 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.
3.
Revocation. The Commission may revoke any permit issued pursuant
to this Part upon notice to the permittee, for violation of the conditions
of said permit or of this Part.
4.
Permit Fees. Fees for all permits issued pursuant to the provisions
of this Part shall be established by resolution of the Board of Supervisors.
5.
Bond. The Commission may, at its discretion as a condition precedent
to the issuing of the permit, require the applicant to file a bond
satisfactory to the Commission or to deposit securities satisfactory
to it to guarantee the compliance by the applicant with the terms
and conditions upon which the permit is issued.
[Ord. 97-06, 10/7/1996, § 6]
1.
Trees Required. Shade trees shall be planted in all new residential subdivisions, as provided in the Township Subdivision Ordinance [Chapter 22], including land abutting any street previously opened. The type of shade trees shall be subject to approval of the Commission and installation shall be made under the supervision of the Commission.
2.
Permit Prior to Building or Zoning Permit. There shall not be issued
to any subdivider a building and/or zoning permit unless a shade tree
permit has been issued and a bond filed or cash deposited with the
Commission to insure compliance with this Part and regulations adopted
thereunder. No certificate of completion or occupancy shall be issued
without filing a certificate of compliance by the Commission. Such
certificate shall state that the necessary work has been completed
or that sufficient security had been deposited.
3.
Bond or Deposit. The bond or cash deposit shall equal the cost, as
determined by the Commission, of purchasing, planting and maintaining
for two years the required shade trees.
4.
Number, Size and Location of Shade Trees. The number size, species
and location of shade trees planted in subdivisions shall be in accordance
with a plan approved by the Shade Tree Commission.
5.
Shade trees shall be planted by the subdivider within two years from
the issuance of a permit or at such time as may be authorized by the
Commission. Failure to plant the trees shall be a default and the
bond or cash deposit shall be forfeited. Any funds derived from a
default shall be expended by the Commission to plant the required
trees.
6.
Subdivider shall maintain all shade trees for a period of two years
following planting and shall replace trees as may be required.
[Ord. 97-06, 10/7/1996, § 7]
No shade tree shall be planted on any public street within 10
feet of a paved sidewalk or curb or within 100 feet to an intersection
in Spring Township until a permit is granted therefor, such permit
to designate the place where such tree is to be planted. The Commission
may refuse a permit to plant any species of tree which in its opinion
is not suited to the location. Every effort shall be made to locate
trees so as not to interfere with the installation and maintenance
of sidewalks and utilities.
[Ord. 97-06, 10/7/1996, § 8]
1.
Pruning, Trimming or Removal. It shall be unlawful for any person,
without first obtaining a permit to cut, prune, break, climb with
spurs, injure in any manner or remove any shade tree, to cut down
or interfere in any way with the main roots of any shade tree; to
spray with any chemicals or insecticides any shade tree; to place
any rope, guy wire, cable, signs, posters or other fixtures on a shade
tree or tree guard or to injure misuse or remove any device placed
to protect shade trees, except in case of immediate necessity for
protection of life or property.
2.
Protection During Construction. Prior to any building operation or
the performance of any work whatsoever in the Township in the vicinity
of any shade trees, such builder or worker or subdivider shall submit
to the Commission a plan of the area in which such building, work
or construction shall be done and such plans shall include the location
of all major shade trees, clearly depicted by mark showing approximate
height and breadth or, if appropriate, shall be designated "wooded
area." Upon receipt of such plans, which plants shall show the tree
or trees to be cleared and those to remain, the Commission shall rule
on such plans and may regulate which other trees are to be cleared
or protected.
Before any such work shall be commenced, in connection with
any building operation or the performance of any work whatsoever in
the Township in the vicinity of any shade trees, guards shall be placed
at all shade trees which may be affected by such work so as to effectually
prevent injury to them. Plans should show all existing trees.
3.
Protection from Animals. It shall be unlawful for any person to fasten
any animal, thing or object to any shade tree or cause any animal,
thing or object to be placed or to stand so as to cause injury to
any shade tree.
4.
Protection of Roots. No person shall, without first obtaining a permit,
place or hereafter maintain any stone, concrete or other substance
which shall impede the passage of water and air to the roots of any
shade tree unless such person shall leave an open space of ground
surrounding the trunk of the tree, such space to be not less than
four square feet.
[Ord. 97-06, 10/7/1996, § 9]
1.
Minimum Height. All shade trees shall be kept trimmed so that the
minimum height where they overhand any public walk or road shall be
15 feet. However, the Commission reserves the right to designate a
higher clearance on certain highways where heavy traffic or other
conditions make it expedient. Shade trees having branches projecting
over a public walkway shall be kept trimmed so that the lowest branches
shall have a minimum height of eight feet or to such other height
as may be specified by the Commission.
2.
Failure to Trim Shade Trees as Required. In case the owner of such
property shall neglect or refuse to trim such trees upon being notified
in writing by the Commission to do so and within the time specified
by such notice, the Commission may after the expiration of the date
specified in 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 manner
as municipal claims are filed and collected.
[Ord. 97-06, 10/7/1996, § 10]
1.
Notice to Remove. The Commission may, upon written notice, require
owners of property to cut and remove trees afflicted with the Dutch
Elm or other disease which threatens to destroy or injure shade trees
in the Township.
2.
Failure of Remove. 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.
3.
Collection of Costs. The cost of such work shall be a lien upon the
premises from the time of commencement of work, which date shall be
fixed by the Township Engineer and filed with the Township Secretary.
Any such lien may be collected by action in assumpsit or by lien filed
in the manner provided by law for the filing and collection of municipal
claims.
[Ord. 97-06, 10/7/1996, § 11]
1.
The Shade Tree Commission's permit requirements and regulatory powers to no apply to trees outside the public street except as provided in § 25-110 above. However, many trees planted outside the public street may grow into the street and thereby become subject to the provisions of this Part.
2.
Any person planting a tree within 30 feet of the public street is
advised to consult the Commission to avoid possible future problems.
[Ord. 96-05, 10/7/1996, § 12; as amended by Ord.
09-00, 10/2/2000]
Any person, firm or corporation who shall violate any provision
of this Part or who shall violate or fail to comply with any of the
regulations of the Shade Tree Commission of Spring Township, upon
conviction thereof in any action brought before a district justice
in the manner provided for enforcement of summary offenses under the
Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay
a fine of not more than $1,000 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.
[Ord. 2001-02, 11/5/2001, § 1]
Includes any natural person, partnership, association, firm
or corporation. The singular shall include the plural, the plural
shall include the singular and the masculine shall include the feminine
and the neuter.
The Township of Spring.
[Ord. 2001-02, 11/5/2001, § 2]
No person shall maintain or permit to be grown or growing along
the street or Township road abutting the owner's property which
shall constitute a hazardous or dangerous condition to the use of
the highway or those which impair the use and maintenance of the public
road or street.
[Ord. 2001-02, 11/5/2001, § 3]
Every owner of property in the Township shall be required to
keep limbs and branches of all trees growing upon such property or
along the street, sidewalk, curb or alley abutting upon such property
trimmed so that no part of such limbs or branches or of the foliage
growing thereupon, shall have a clearance of less than eight feet
above the surface of the sidewalk or of less than 14 feet above the
surface of the roadway of any street or alley.
[Ord. 2001-02, 11/5/2001, § 4]
It shall be the responsibility of property owners in the Township
to confirm to the requirements of this Part as to trees upon property
owned by them or along streets, alleys and sidewalks abutting upon
such property and, upon notice from the designated Township Officer,
to remove any tree or trees growing in violation of § 25-402
of this Part and to trim or cut the branches or limbs of trees as
required by § 25-403 hereof. Any person failing to comply
with any such notice, within the time limit stated therein, shall
be guilty of a violation of this Part and, upon the expiration of
such time limit, the designated Township Officer shall have the authority
to cause the work required by such notice to be done by the Township
or under contract therewith and to collect the cost of such work,
with an additional amount of 10% from any such property owner in default.
[Ord. 2001-02, 11/5/2001, § 5]
Any person, firm or corporation who shall violate any provision
of this Part shall, upon conviction thereof, be sentenced to pay a
fine of not more than $600 and, in default of payment, to imprisonment
for a term not to exceed 30 days.
