[HISTORY: Adopted by the Board of Commissioners of the Township of Upper Pottsgrove 6-23-1980 by Ord. No. 118 (Ch. 10, Part 1, of the 1993 Code). Amendments noted where applicable.]
The following words, as used in this chapter, shall have the meanings hereby respectively ascribed thereto:
- Any natural person, partnership, association or corporation.
- Land which, by deed, conveyance, agreement, dedication, usage
or process of law, is reserved for use by the Township, county or
commonwealth.[Added 11-19-2018 by Ord. No. 501]
- A woody perennial plant, typically having a single stem or
trunk growing to a considerable height and bearing lateral branches
at some distance from the ground.[Added 11-19-2018 by Ord. No. 501]
- Any Canadian or Russian thistle, chicory, burdock, nettle, poison ivy, sumac, goldenrod, wild lettuce, wild mustard, wild parsley, ragweed, milkweed or any other plant or vegetation whatsoever, not edible or planted for an ornamental or agricultural purpose.
- A tree mass or plant community in which tree species are
dominant or co-dominant and the branches of the trees form a complete,
or nearly complete, aerial canopy. Any area, grove or stand of mature
or largely mature trees (i.e., larger than six inches DBH) covering
an area of 1/4 acre or more, or consisting of 10 individual trees
larger than six inches DBH, shall be considered a woodland. Woodlands
do not include commercial, horticultural enterprises, such as orchards,
Christmas tree farms, and commercial nurseries, which hold a valid
permit from the Pennsylvania Department of Agriculture.[Added 11-19-2018 by Ord. No. 501]
[Amended 11-19-2018 by Ord. No. 501]
Every person owning or occupying any land within Upper Pottsgrove Township shall cut or remove or cause to be cut or removed all grass or weeds in excess of eight inches in height; provided, however, that this requirement shall not apply to grass or grain grown for purposes of cutting and harvesting for hay or other agricultural purposes; provided, further, that this requirement shall not apply to land located in a Steep Slope Conservation District or Floodplain Conservation District not used for residential purposes or land used for agricultural purposes or land not located within 200 feet of a public road or other premises used for residential, commercial or industrial purposes.
Every person owning or occupying any land within Upper Pottsgrove Township shall be required to maintain all trees and other shrubs and vegetation located within the Township right-of-way. No such tree or shrub or other vegetation will obstruct the passage of pedestrians on sidewalks, obstruct vision, or obstruct the view of any street or road intersection. The minimum clearance of any overhanging portion thereof shall be at least 14 feet over all streets and roads. Nothing in this chapter shall require the cutting or disturbance of any woodlands.
[Amended 11-19-2018 by Ord. No. 501]
Written notice shall be given by personal service or by mail to the last known address of the owner or occupant in violation of the provisions of this chapter, directing and requiring such owner or occupant, as the case may be, to cut or remove all such grass or weeds and/or trees or other vegetation and shrubs, so as to conform to the requirements of this chapter within seven days after the date of such notice. In case any person shall neglect, fail or refuse to comply with such notice within such period of time, the Board of Commissioners may cause such grass, weeds, trees, or vegetation to be cut and/or removed and the cost thereof, together with such maximum penalty as may be authorized by law, to be collected from such person as a municipal claim or in any other manner provided by law. The written notice provided in this section may be given by the Township Secretary, any police office of the Township, or such other person as the Board of Commissioners may, from time to time and at any time, designate, authorize and direct.
Any person who shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine not exceeding $600 persons and costs and, in default of payment thereof, shall be subject to imprisonment for a term not to exceed 30 days. Each day that a violation of this chapter continues shall constitute a separate offense.