[HISTORY: Adopted by the Township Council of the Township of Upper Darby as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-20-1976 by Ord. No. 2498]
As used in this article, the following terms shall have the meanings indicated:
PERMIT
A permit in writing, as issued by the Secretary of the Shade Tree Commission of Upper Darby Township.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
PERSON
Includes individuals, corporations, groups of individuals, firms, associations and their servants, agents or other employees.
TREE
Any tree, shrub or other woody plant in or upon any public street, highway, avenue, park, parkway or other public areas or that part of any tree, shrub or other woody plant which extends within the lines of any public street, highway, avenue, park, parkway or other public area in the Township.
A. 
There is hereby created a Shade Tree Commission, consisting of three citizens of the Township, to be appointed by the Mayor, to be known as the "Shade Tree Commission of Upper Darby Township," which shall have the authority to adopt such rules and regulations as may be necessary for the purpose of carrying out the intent of this article. Such regulations for the planting, care, trimming and removal of trees shall not only be aimed at the elimination of economic waste by reason of damage to public property and/or the property of others and the public health, safety and welfare, but also the beautification of the streets, highways, avenues, parks, parkways and other public areas of the Township. In carrying out the provisions of this article, the Commission may be guided by the standards of the International Society of Arboriculture or any other similar organization which promulgates standards which would carry out the intent of this article.
B. 
The Commission shall have the authority to prepare and adopt a street tree plan for all trees in or upon the public streets, highways, avenues, parks, parkways and other public areas which, in its opinion, shall effectuate the provisions of this article, provided that such plan shall not become effective until approved by the Mayor. The Commissioners shall serve without compensation.
One member shall be appointed for a term of three years, one for a term of four years and one for a term of five years. On the expiration of the term of any Shade Tree Commissioner, a successor shall be appointed by the Mayor to serve for a term of five years. Vacancies in the office of Shade Tree Commissioner shall be filled by the Mayor for the unexpired term.
No tree shall be planted or removed in or upon any public street, highway, avenue, park, parkway or other public areas without a written permit from the Commission; such permit is to designate the type of tree and place where such tree is to be planted or removed. The Commission shall have authority to designate the type of tree and place where such tree is to be planted or removed. The Commission shall have the authority to designate a suitable type of tree and may refuse a permit to plant any type of tree which, in its opinion, is not suitable to the location. All persons shall first obtain a written permit from the Commission before doing or having done any work for the care, pruning or trimming of any tree in or upon the public streets, highways, avenue, parks, parkways and other public areas, and such work shall be done to the satisfaction of the Commission.
No tree shall be planted in or upon the public streets, highways, avenues, park, parkways and other public areas of the Township within five feet of any driveway, nor shall any tree on private property adjacent to the sidewalk be planted within three feet therefrom. No tree shall be planted nearer to the intersection of any two or more streets than 25 feet from the point of intersection of any two public rights-of-way lines.
For the purpose of defraying the cost of the planting, trimming, maintenance and removal of trees and such other expenses of the Commission, the Mayor may appropriate necessary funds. The Commission may hire employees with the approval of the Mayor.
All trees shall be kept trimmed so that the minimum clearance where they overhang any public walk shall be nine feet and the minimum clearance where the trees overhang any public street or highway shall be 11 feet. However, the Commission reserves the right to designate a higher clearance on certain highways where heavy traffic or other conditions make it expedient. All trees standing on private property and having branches projecting over a public highway shall be kept trimmed by the owner of such private property so that the lowest branches shall have the minimum clearance specified above or such other clearance as may be specified by the Commission. In case the owner of such property shall neglect or refuse to trim the trees upon being notified in writing by the Commission so to do, the Commission may, after the expiration of 30 days of 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 same manner as municipal claims are filed and collected and/or as hereinafter provided in this article.
The Commission may, upon 30 days' written notice to the property owner, require the removal of diseased trees, and upon the failure of the owner so to do within 30 days thereafter, the Commission may do so and collect the costs thereof as hereinbefore and hereinafter provided.
[Amended 7-20-1976 by Ord. No. 2500]
A. 
The application for any permit required hereunder shall be made in writing to the Director of Leisure Services upon forms furnished by him and 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 or trees affected. It shall be the duty of the Director of Leisure Services to submit every such application promptly to the Commission or to such other person as the Commission shall designate for this purpose for approval or disapproval. Except as specifically set forth herein, 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, and such permit may be revoked at any time at the direction of the Commission upon satisfactory proof to the Commission that the terms and conditions upon which the permit has been issued are or have been violated.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
The following schedule of permit fees shall prevail:
(1) 
Private contractor. Any person engaged in the business of planting, removing, spraying, pruning, bark tracing and root pruning of shade trees in the Township of Upper Darby shall obtain a permit. The charge for a permit hereunder is $15. Each job located with the Township of Upper Darby shall require a separate permit. A private contractor must have a certificate of insurance in such amount or amounts as required by regulations promulgated hereunder.
(2) 
Private owner. An owner of real property situate within the Township of Upper Darby shall not be required to pay a permit fee or secure a permit as said owner shall personally perform work on shade trees located on his real property. Said owner shall, however, conform to the remaining requirements of this article and/or such regulations promulgated hereunder.
(3) 
Public utility companies. Public utility companies, their agents, servants, employees and/or subcontractors acting on their behalf who shall engage in clearance of utility lines within the Township shall obtain a permit for each crew of men so engaged within the Township.
[Amended 8-17-1976 by Ord. No. 2501]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Whenever it is necessary for the Commission or the Township to trim or remove trees by reason of the failure of the property owner so to do after 30 days' notice, the Township may levy and collect the costs thereof from the owner of the property. The cost of such work shall be a lien upon the premises from the time of the commencement of the work, which date shall be fixed by the Township Engineer and shall be filed with the Manager. Any such lien may be collected by an action in assumpsit, or by lien filed in the manner provided by law for the filing and collection of municipal claims. The Director of Leisure Services shall cause 30 days' written notice to be given the persons against whose property an assessment has been made, which notice shall state the amount of the assessment, the time and place of payment, and certificates from the Commission and the Engineer as to the work performed. In the event of nonpayment within 30 days thereafter, the same may be collected as herein provided.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
This article shall be enforced by the filing of a civil complaint or by such other means as may be provided by the Pennsylvania Rules of Civil Procedure. Any person, firm or corporation who violates any building, housing, property maintenance, health, fire or public safety code shall, upon being found liable in a civil proceeding, be ordered to pay a penalty of not more than $1,000, plus the costs of prosecution, plus all Township attorneys' fees incurred in the prosecution of the civil case. Any person, firm or corporation who violates any other ordinance shall, upon being found liable in a civil proceeding, be ordered to pay a penalty of not more than $600, plus the costs of prosecution, plus all Township attorneys' fees incurred in the prosecution of the civil case. Each day that a violation continues shall constitute a separate violation of this article. Each subsection of this article that is violated shall constitute a separate violation of this article.[1]
[1]
Editor's Note: Former Art. II, Growing and Cultivating Bamboo, adopted 4-16-2014 by Ord. No. 3015, which immediately followed this article, was repealed 6-17-2020 by Ord. No. 3072.