[HISTORY: Adopted by the Board of Supervisors of the Township of Montgomery 11-27-1995 by Ord. No. 95-53; amended in its entirety 10-28-2024 by Ord. No. 24-344.[1] Subsequent amendments noted where applicable.]
[1]
Editor's Note: Prior amendments included Ord. No. 08-232; Ord. No. 10-242; and Ord. No. 16-298S.
In order to better provide for the planting, maintenance and protection of shade trees within or partially within the ultimate right-of-way along public streets and highways of Montgomery Township, Pennsylvania, and also upon public lands of the Township, the Montgomery Township Shade Tree Commission is hereby established pursuant to the Second Class Township Code of the Commonwealth of Pennsylvania.[1]
[1]
Editor's Note: See 53 P.S. § 65101 et seq.
Unless otherwise expressly stated, the following words and phrases shall be construed throughout this chapter to have the meanings indicated:
BOARD
Board of Supervisors of Montgomery Township.
COMMISSION
Shade Tree Commission.
DRIPLINE
A generally circular line the circumference of which is determined by the outermost reaches of a tree's, trees' or woodlands' widest branching points.
HAZARDOUS TREE
A tree that, in the opinion of a certified arborist, is defective, diseased, dying, dead, or poses a high risk of failure with the potential to cause injury to people or property.
PERSON
Any individual, firm, association, partnership or corporation.
PRUNING
The selective removal of plant parts to meet specific goals and objectives.
PUBLIC STREET or HIGHWAY
Any public right-of-way, a portion of which is used for vehicular travel, in the Township.
RAISING
Selective pruning to provide vertical clearance.
SHADE TREE
For the purposes of this chapter, the term "shade tree" shall include the following: any tree with any part of its dripline or root system within the ultimate right-of-way along any public street or highway; any tree required to be planted by the Township Subdivision and Land Development Ordinance,[1] including street trees or as required by an approved land development plan; and any tree required as part of a deed restriction on any lot.
SPECIMEN TREE
A specifically selected tree considered worthy of conservation by the Township because of species, size, shape, form, historical or memorial importance, or any other significant characteristic.
STREET TREE
Any tree with any part of its dripline or root system within the ultimate right-of-way along any public street or highway, any tree required to be planted by the Township Subdivision and Land Development Ordinance in order to meet the requirements of § 205-52A, Street trees, including trees required by an approved land development plan or required as part of a deed restriction on any lot.
THINNING
Selective pruning to reduce density of live branches.
TOPPING
The reduction of a tree's size using head cuts that shorten limbs or branches back to a predetermined crown limit. Topping is not an acceptable pruning practice.
[1]
Editor's Note: See Ch. 205, Subdivision and Land Development.
Members of the Commission shall be appointed by the Supervisors in accordance with the following procedures:
A. 
The Shade Tree Commission shall be composed of three to five members who shall be residents of the Township.
B. 
Commission members shall serve for terms of five years, or until their successors are appointed, except that members first appointed shall be appointed so that the terms of not more than two members expire annually. All persons appointed shall serve their full terms unless they voluntarily resign or are removed by the Supervisors for dereliction or neglect of duty. Vacancies occurring other than by expiration of term shall be for the unexpired term and shall be filled in the same manner as original appointments.
C. 
Whenever possible, due consideration will be given to representation from various geographic sections within the Township, so that all Board members shall not be from the same geographic area.
D. 
In all matters of parliamentary procedure not specifically governed by the Commission's bylaws, Robert's Rules of Order shall prevail.
A. 
The Shade Tree Commission shall have authority for control of the shade trees in the Township and is authorized to plan for or order the planting, removal, maintenance and protection of shade trees.
B. 
If the Commission determines that it is necessary for the Township to employ any engineer, forester, arborist or other assistant in order to perform its duties, the Commission shall request the Board to direct Township employees to perform such tasks or to contract with other persons to perform such tasks. If the Board approves such a request, the employees or contractors shall be under the direction and control of the Township Manager.
C. 
The Commission shall have the power to create, publish and amend guidelines for the care and protection of shade trees. Such guidelines may include pruning limbs, preventing or curing disease or infestation, or other guidelines for the care and maintenance of shade trees.
D. 
The Commission may request that the Township, upon 30 days' notice to the owners of private property, require the owners of property to cut and remove any dead shade tree, or any tree afflicted with any disease which threatens to injure or destroy shade trees in the Township.
E. 
Emergency situations. Notwithstanding any other provisions of this chapter, the Township shall have the right, but not the obligation, without prior notice to any property owner, to perform any acts necessary to abate clear, present and immediate threats to the public health, safety or welfare caused by the condition of any trees or parts thereof. If any such threat is the result of any person's action or inaction, the Township will assess the cost of such summary abatement against that person.
F. 
The Shade Tree Commission may periodically conduct a survey of specimen trees within the Township and shall encourage the protection of all such trees.
The Shade Tree Commission shall annually report in full to the Board its transactions and expenses for the last fiscal year of the Township.
The Shade Tree Commission shall meet at least quarterly at such times and on such dates as the Commission may establish. All meetings shall be public meetings held in the Township Building. Meetings shall be advertised in conformity with the law of the Commonwealth of Pennsylvania.
A. 
The cost of planting, transplanting or removing any shade trees or parts thereof, of the necessary and suitable protection for shade trees, curbing or grading for the protection thereof, and of the replacing of any pavement or sidewalk necessarily disturbed in the execution of such work, whether such work is performed by Township personnel or by a contractor hired by the Township to do such work, or by the owner of the real estate or by a contractor hired by the owner of the real estate, may be chargeable to the owner of the real estate upon whose property such work is done.
B. 
The amount each owner is to pay shall be ascertained and certified by the Commission to the Board and to the Township Treasurer.
C. 
Upon the filing of the certificate with the Board, the Township Secretary shall cause 30 days' written notice to be given to the person against whose property an assessment has been made. The notice shall state the amount of the assessment and the time and place of payment and shall be accompanied by a copy of the certificate.
D. 
The amount assessed against the real estate shall be a lien from the time of the filing of the certificate with the Board, and, if not paid within the time designated in the notice, a claim may be filed and collected by the Township in the same manner as municipal claims are filed and collected.
A. 
A permit shall be required for the removal of any street tree.
B. 
Where a street tree is required to be replaced or planted in conjunction with a subdivision and/or land development application, an approved land development application, or as part of a deed restriction, and where replacement is required in accordance with the guarantee period outlined in § 205-49G and H:
(1) 
Street trees shall be replaced 1:1 for each street tree that dies or is removed.
(2) 
Street tree species shall be as indicated in the approved landscape plan for the subdivision and/or land development or as permitted by the Township Landscape Architect upon submission and review of a substitution request. Species shall be selected from § 205-56A or B of the Montgomery Township Subdivision and Land Development Ordinance.
(3) 
Street trees shall meet the size and quality requirements of § 205-56A or B. Small street trees shall be permitted where shown in the approved landscape plan.
(4) 
Setbacks from sidewalks and roadways shall be in accordance with those shown in the approved landscape plan or in accordance with the setbacks required in § 205-56A and B, and § 205-52A(2).
C. 
Where a street tree is required to be replaced or planted in conjunction with a subdivision and/or land development, an approved land development application, or as part of a deed restriction, where no longer covered by the guarantee period outlined in § 205-49G and H:
(1) 
Street trees shall be replaced 1:1 for each street tree that dies or is removed.
(2) 
Street tree species may be selected from § 205-56A or B of the Montgomery Township Subdivision and Land Development Ordinance.
(3) 
Small street trees shall be permitted where appropriate due to the presence of overhead utility lines, or where site layout, site density or good design practice necessitates the use of small street trees in accordance with § 205-52A(2)(c).
(4) 
Street trees (including small street trees) shall be a minimum four to five feet in height, and shall have a full branching structure. Trees shall have a single, straight trunk and unpruned leader free of codominant stems within the lower half of the crown and shall be free of disease and mechanical damage. Trees shall be provided with rigid plastic mesh tree guards to be maintained until the street tree reaches a size of two inches in caliper.
(5) 
Setbacks from sidewalks and roadways shall be in accordance with the setbacks required in § 205-56A and B, and § 205-52A(2).
A. 
All stumps of shade trees cut down shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground.
B. 
All dangerous deadwood and all broken limbs or other defective parts of shade trees which constitute a hazard to the health of the tree, to public safety, or to property shall be removed.
C. 
Notice to remove and replace shade trees.
(1) 
Notice to remove. The Township may, upon written notice sent by certified mail, return receipt requested, require owners of property to cut and remove dead or hazardous shade trees. Should the property owner disagree with the Township's determination, the property owner may hire a certified arborist to examine the tree. Should the property owner's arborist find that the tree is healthy and/or is not hazardous, a written report shall be provided to the Township, and the tree shall not be required to be removed.
(a) 
Trees afflicted with insect infestations or other disease agents, as diagnosed by a certified arborist, the spread of which threatens to destroy or injure other trees in the Township, shall be removed and disposed of in accordance with the recommendation of a certified arborist.
(b) 
Trees that pose a hazard to the health, safety or welfare of the public shall be removed.
(2) 
Failure to 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) 
The Township shall give said 30 days' notice by mailing to the last known address of the owner of the property.
(4) 
Collection of costs. The costs of such work shall be a lien upon the premises from the time of the 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.
Except in case of necessity, or for the protection of life or property, it shall be a violation of this chapter for any person to do any of the following acts:
A. 
Cut down or remove any shade tree, or interfere in any manner with the main roots of any shade tree in excess of that permitted by § 205-53.
B. 
Spray any shade tree with injurious chemicals, oil, gas, gasoline, liquid dye or other substance deleterious to tree life, about the roots of any shade tree.
C. 
Affix or tie any rope, guy wire, cable, sign, poster or other fixture to any shade tree other than for the purposes of staking a newly planted tree.
D. 
Use, store or pour any material in such a manner that it could result in injury to a tree.
E. 
Injure, misuse or remove any device placed to protect shade trees.
F. 
Protection from building operations and other work.
(1) 
Prior to any building operation or the performance of any work whatsoever in the Township in the vicinity of any trees, such builder, worker or subdivider shall submit to the Township a plan of the area in which such building, work or construction shall be done. The location of aerial utility lines shall be noted on the plans. Such plans shall include the location of all trees. Trees shall be clearly depicted by a symbol showing approximate location. Notes regarding size should also be included. Trees in hedgerows, groves and woodlands may be shown by indicating the outer canopy or dripline of the tree grouping. Existing trees shown as masses must be labeled with an approximate quantity of trees. The plans shall also clearly show which trees are to be removed and which are to be preserved. The Township shall rule on such plans and may designate other trees to be removed or protected.
(2) 
Before any such work shall be commenced in connection with any building operation or the performance of any work whatsoever in the Township, tree protection fencing per § 205-53B shall be placed so as to effectively prevent injury to any trees in the vicinity.
(3) 
No person shall place or pile any building materials, cement, stone or other substances which shall compact the soil or impede the passage of water and air to the roots of any shade tree within the dripline of any shade tree.
(4) 
Protection of shade trees shall be in conformity with the Landscape Article of the Montgomery Township Subdivision and Land Development Ordinance.[1]
[1]
Editor's Note: See Ch. 205, Subdivision and Land Development, Art. VI, Landscaping.
G. 
Discharge of injurious materials prohibited. No person shall intentionally pour salt water, oil or other materials at any place in such a manner that injury may result to any shade tree.
H. 
Pruning, trimming, thinning, raising or removal. All pruning activities shall be conducted in accordance with the American National Standard for Tree Care Operations - Tree, Shrub, and Other Woody Plant Maintenance - Standard Practices (Pruning) ANSI A300 (Part 1) - 2001 Pruning, and as amended.
(1) 
Pruning, trimming or removal. No person shall cut, prune, trim, or break greater than 25% of all branches on any shade tree in any one growing season; climb trees with spurs; remove any shade tree or any tree that was required to be planted as part of a subdivision or land development unless otherwise permitted herein; or cut or interfere in any way with the main roots of any shade tree in such a manner that it could result in injury to the tree.
(2) 
Minimum vertical clearance over public walks and streets - raising. All trees shall be kept trimmed so that the minimum clearance where they overhang any public walk shall be eight feet and the minimum clearance where the trees overhang any public street or highway shall be 18 feet, except for newly planted trees, which shall meet the minimum clearance requirements of § 205-56 and § 189-7.1. However, the Commission reserves the right to designate a higher clearance on certain highways where heavy traffic or other conditions make it expedient. A permit shall not be required to maintain required minimum clearance.
I. 
Tree topping, as defined above, shall be expressly prohibited.
No person shall 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 feet in radius as measured from the trunk of the tree.
Provisions of this chapter shall be enforced by Montgomery Township or its duly authorized representatives.
A. 
Any person who shall violate any of the provisions of this chapter or who shall violate the terms or conditions of any permit issued under this chapter shall be liable, upon a finding of a violation by a District Justice, to a fine or penalty not exceeding $500 for each and every offense, and each day that any such violation shall continue shall constitute a separate offense punishable by a like fine or penalty. Such fine or penalties may be collected as like fines and penalties are now by law collected.
B. 
Such fine or penalties shall be a lien upon the real estate of the offender and may be collected as municipal claims are collected.
All penalties or assessments imposed under this chapter shall be paid to the Township Treasurer to be placed to the credit of the Montgomery Township Tree Fund subject to be drawn upon by the Commission for the purposes of the preceding sections as approved by the Board.
The Board is to be advisory and shall coordinate its activities with the elected officials and other advisory committees of the Township.