[HISTORY: Adopted by the Board of Supervisors of Edgmont
Township as indicated in article histories. Amendments noted where
applicable.]
[Adopted 9-2-1986 by Ord.
No. 92]
As used in this article, the following terms shall have the
meanings indicated:
Any condition or use of premises or of building exteriors
which is detrimental to the property of others, or which causes or
tends to cause diminution in the value of other property in the neighborhood
in which such premises are located. This includes, but is not limited
to, the keeping or the depositing on or the scattering over the premises
of any of the following:
Lumber, junk, trash or debris;
Abandoned, discarded or unused objects or equipment, such as
automobiles, furniture, stoves, refrigerators, freezers, cans, containers,
machinery, implements and/or equipment and personal property of any
kind which is no longer safely usable for the purposes for which it
was manufactured.
No person owning, leasing, occupying or having charge of any
premises shall maintain or keep any nuisance thereon, nor shall any
such person keep or maintain such premises in a manner causing diminution
in the value of other property in the neighborhood in which such premises
are located.
No person in charge of or in control of premises, whether as
owner, lessee, tenant, occupant, or otherwise, shall allow any partially
dismantled, wrecked, junked, discarded or otherwise nonoperating motor
vehicle or any other such nuisance on any property within the Township
for a period in excess of 30 days, except that this section shall
not apply with regard to any motor vehicle or other such nuisance
in an enclosed building. For purposes of this section, a "nonoperating
motor vehicle" shall be defined as a vehicle which is unable to be
operated on the public highway and on which no repairs have been made
within a period of 60 days.
This article shall not apply with regard to any vehicle on the
premises of a business enterprise operated in a lawful place, other
than a residential district, and operated in a lawful manner when
the keeping or maintenance of such vehicle is necessary to the operation
of such business enterprise.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this article
shall, upon conviction in a summary proceeding brought before a Magisterial
District Judge in the same manner provided for the enforcement of
summary offenses 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 costs of prosecution. In default of payment
thereof, the defendant may be sentenced to imprisonment for a term
not exceeding 90 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 article that is violated shall also
constitute a separate offense.
[Adopted 2-10-2015 by Ord. No. 230]
A.
It is the purpose of this article to promote and protect the public
health, safety and the general welfare of the residents of Edgmont
Township and the community in general by providing for the regulation
of trees, shrubs, vegetation, including running bamboo, and other
obstructions within the public rights-of-way of the Township.
B.
It is the intent of the Board of Supervisors of the Township that
the terms of this article shall be construed broadly to promote the
protection of the Township residents and the public at large from
damage caused or threatened by trees, shrubs, vegetation, including
running bamboo, and other obstructions within the public rights-of-way
of the Township which may obstruct or otherwise interfere with the
use of or condition of the roadways located therein.
For the purposes of this article, the following terms shall
have the meanings ascribed to them, below:
Any natural person, corporation, partnership, limited liability
company or other legal entity owning real property within the municipal
boundaries of the Township.
The area of a Township roadway, together with the abutting
or adjoining Township property rights, to the width dedicated to or
otherwise owned by the Township.
The area within a public right-of-way which is paved or otherwise
improved and intended to support and upon which vehicular, bicycle
and other forms of travel are conducted by the public.
Includes without limitation, the following species of bamboo:
Acidosasa, Arundinaria, Bambusa, Bashania, Brachysachyum, Chimonobambusa,
Gelidocalamus, Indocalamus, Indosasa, Ochlandra, Phyllostachys, Pleioblastus,
Pseudosasa, Sasa, Sasaella, Semiarundinaria, Shibataea, and Sinobambusa,
as well as common bamboo, golden bamboo and arrow bamboo.
The Township of Edgmont.
A.
No property owner shall be permitted to allow a tree, shrub or other
vegetation, including any species of running bamboo, or any roots,
limbs or branches thereof, which shall obstruct or interfere with
the health, safety or welfare of the traveling public or otherwise
obstruct the view from any street intersection or obstruct or hinder
passage in or along any roadway.
B.
All property owners must, at all times, maintain, cut, trim and prune
all trees, shrubs and other vegetation, including running bamboo,
and roots, branches and limbs thereof, in such a manner so as to:
(1)
Keep the public rights-of-way clear and free from encroachment and
debris from entering onto or over a roadway.
(2)
Maintain a clear minimum height of eight feet above the surface of
any sidewalk within a public right-of-way and 14 feet above every
roadway.
(3)
Maintain clear sight distances at all roadway intersections (including
private driveways).
C.
No person or property owner shall otherwise cause, permit or maintain
any obstruction within or otherwise interfere with any public right-of-way.
D.
Property owners shall not plant, allow to grow or otherwise cause
any form of running bamboo to grow on the side of any lot or parcel
of ground which abuts or adjoins any public right-of-way beyond the
extent to which the same existed as of the effective date of this
article, except when the root system is entirely contained within
a barrier as follows:
(1)
The barrier itself shall be composed of a high-density polypropylene
or polyethylene, with a minimum thickness of 40 mils.
(2)
The barrier is continuous where possible and shall otherwise have
as few seams or breaks as possible. Where seams or breaks are required,
stainless steel clamps or stainless steel strips designed to be used
with such barriers shall be used to join the seams or breaks.
(3)
The barrier is installed at least 30 inches deep with at least three
inches of the barrier protruding above the ground surface.
(4)
The closest edge of the running bamboo is at least 10 feet from the
nearest edge of any public right-of-way.
(5)
Notwithstanding the foregoing, the required barrier may consist of
a continuously mowed and maintained area of at least 10 feet between
the edge of the public right-of-way and the running bamboo growth.
A.
In the event that the Township shall determine that a violation of
this article is occurring, the Code Enforcement Officer shall provide
the property owner with a written notice of violation by certified
and regular mail, containing the following minimum information:
(1)
The names of the property owners of record of the property in violation;
(2)
The identity of the property in violation and a description of the
location on the property where the violation is occurring;
(3)
A description of the specific violation under this article;
(4)
The steps necessary for compliance and the date before which such
steps for compliance must be commenced and the date before which the
compliance must be completed;
(5)
That failure to comply within the time and manner specified constitutes
a violation of this article and may result in possible sanctions being
assessed for such violation; and
(6)
That, upon failure to comply within the time and manner specified,
the Township may enter upon the property, without further notice,
and take the steps required for compliance at the cost of the property
owners.
B.
In addition, if the property owner fails to comply with such written
notice and the Township enters upon the property and corrects the
violation, the Township may charge the costs thereof to the property
owner. If such costs are not paid in full within 90 days, such costs
may be filed as a lien against the property and collected in the same
manner as other municipal liens or by personal action commenced in
the Court of Common Pleas of Delaware County.
C.
In the event the Township corrects a violation involving trees, shrubs
or other vegetation, including any species of running bamboo, or any
limbs or branches thereof, the Township shall leave all logs, cordwood,
branch wood or other forms of wood or running bamboo (except for rhizomes
and roots, which may be removed and discarded to prevent regeneration)
derived from the destruction or removal of same on the property for
the benefit of the property owner.
A.
In the event that the Township shall determine that a violation of this article is occurring and poses an immediate or imminent threat to the health, safety or general welfare of the residents of the Township or the community in general, and the written notice required in § 225-9, above, is not possible or practical given the emergency nature of the violation, the Township may, without prior notice, correct the violation. All action taken by the Township under this section shall be confined to the public rights-of-way.
B.
The Township may charge the costs of such emergency action under
this section to the property owner responsible for the violation.
If such costs are not paid in full within 90 days, such costs may
be filed as a lien against the property and collected in the same
manner as other municipal liens or by personal action commenced in
the Court of Common Pleas of Delaware County.
C.
In the event that the Township corrects a violation under this section
involving trees, shrubs or other vegetation, including any species
of running bamboo, or any limbs or branches thereof, the Township
shall leave all logs, cordwood, branch wood or other forms of wood
or running bamboo (except for rhizomes and roots, which may be removed
and discarded to prevent regeneration) derived from the destruction
or removal of same on the property for the benefit of the property
owner.
D.
Nothing in this section or in this article shall prevent the Township
from removing obstructions or roadside trees or vegetation, including
running bamboo, which may be thrown down by wind and weather or lodged
in a position as to be a nuisance to public travel or which by reason
of any other cause may become a source of danger to the public.
No person shall hinder, prevent, delay or interfere with the
Township, its agents, servants, employees and contractors while engaged
in carrying out the enforcement of this article.
A.
In addition to being charged with the costs of the Township in correcting
the violation, any property owner who shall violate or allow the violation
of any provision of this article shall, upon conviction in a summary
proceeding brought before a Magisterial District Judge in the same
manner provided for the enforcement of summary offenses 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 costs
of prosecution. In default of payment thereof, the defendant may be
sentenced to imprisonment for a term not exceeding 90 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 article that is violated shall also constitute a separate offense.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Nothing in this article shall act to prohibit the Township from proceeding
simultaneously to enforce this article, at law or in equity, under
any other state law, rule, regulation or ordinance or code of the
Township, including as a nuisance as in case of a misdemeanor at common
law.
