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Township of Whitemarsh, PA
Montgomery County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Whitemarsh 8-13-1981 by Ord. No. 419. Amendments noted where applicable.]
GENERAL REFERENCES
Parks and recreation areas — See Ch. 80.
Property maintenance — See Ch. 90.
This chapter is established for the following purposes:
A. 
To regulate the planting, removal and maintenance of vegetation within the ultimate rights-of-way of streets and highways within the Township.
B. 
To ensure the selection of proper and suitable plant materials.
C. 
To assist in the safe, orderly and efficient movement of pedestrian and vehicular traffic through public rights-of-way.
[1]
Editor's Note: Original Sections 27-100 and 27-101, Title and Short Title, which preceded this section, were omitted 3-18-1982 by Ord. No. 425.
As used in this chapter, the following terms shall have the meanings indicated:
CLEAR SIGHT TRIANGLE
An area within a triangle bounded by two intersecting street lines and a straight line drawn between points on each such line 50 feet from the intersection of said lines or extensions thereof.
[Amended 1-23-2014 by Ord. No. 934]
COMMISSION
The Whitemarsh Township Shade Tree Commission.
SHADE TREE
A woody plant or a portion thereof that has a minimum three-inch caliper, is 14 feet or more in height, has eight feet minimum spread with clear trunk to seven feet and is a full branching structure within an ultimate right-of-way in Whitemarsh Township.
[Amended 1-23-2014 by Ord. No. 934]
SHADE TREE COMMISSION
The Township's Shade Tree Commission.
[Added 1-23-2014 by Ord. No. 934]
SHADE TREE COMMISSION'S DESIGNEE
A representative designated by the Shade Tree Commission.
[Added 1-23-2014 by Ord. No. 934]
STREET LINE
The dividing line between the street and a lot as more fully defined in the Whitemarsh Township Zoning Ordinance.[1]
[Amended 1-23-2014 by Ord. No. 934]
ULTIMATE RIGHT-OF-WAY
The right-of-way deemed necessary by the Whitemarsh Township Official Map, as appropriate to provide adequate width for future street improvements.
[Amended 1-23-2014 by Ord. No. 934]
[1]
Editor's Note: See Ch. 116, Zoning.
Except as provided by law or in this chapter, any shade tree within an ultimate right-of-way shall be planted, removed or maintained in strict compliance with the regulations contained in this chapter.
This chapter shall be enforced by the person or agency specifically so directed in any provision hereof, or by the Township Manager, or by any person or agency designated by the Board of Supervisors or Township Manager from time to time.
[1]
Editor's Note: Former § 100-5, Shade tree permits, was repealed 1-23-2014 by Ord. No. 934.
[1]
Editor's Note: Former § 100-6, Application for permit, was repealed 1-23-2014 by Ord. No. 934.
[1]
Editor's Note: Former § 100-7, Review procedure, was repealed 1-23-2014 by Ord. No. 934.
[Amended 1-23-2014 by Ord. No. 934]
A. 
The standards and requirements specified herein shall be considered minimum standards and requirements in evaluating a tree survey plan for earth disturbance, grading, demolition, building, subdivision, land development, and zoning permits as specified in § 55-4A.
B. 
Where literal compliance with the standards and requirements specified herein is shown to the satisfaction of the Shade Tree Commission to be unreasonable or clearly impractical due to the particular circumstances, the Shade Tree Commission may recommend to the Board of Supervisors to modify or adjust said standards and requirements to permit reasonable utilization of property while securing substantial conformance with the objectives of this chapter.
[Amended 1-23-2014 by Ord. No. 934]
See Chapter 55 of the Township Code.
A. 
All shade trees shall be kept trimmed so as to provide:
(1) 
A minimum clearance of 11 feet over any public street.
(2) 
A minimum clearance of nine feet over any public sidewalk or walkway.
(3) 
A clear sight triangle at intersecting streets.
B. 
Should a property owner fail to properly trim shade trees in accordance with Subsection A above, the Township may serve written notice upon said property owner setting forth the manner in which said property owner has failed to properly trim said shade trees. Said notice shall include a demand that such deficiencies be corrected within 30 days thereof. If the deficiencies set forth in the notice shall not be corrected within the said 30 days, the Township, in order to protect the public health, safety and welfare, may perform or contract for the performance of such trimming as deemed necessary to meet the requirements of Subsection A above.
[Amended 8-11-1983 by Ord. No. 476]
C. 
The cost of trimming, together with such penalty as may be prescribed by this chapter, shall be assessed against the property owner and shall become a lien on said property. The Township, at the time of entering upon any such property, shall file a notice of lien upon said property in the office of the Prothonotary of Montgomery County. If the property owner fails to satisfy the lien within 30 days of the filing date of the notice of lien, the Township may seek to execute on the lien and/or proceed to collect the amount due by commencing an action in assumpsit.
[Amended 8-11-1983 by Ord. No. 476]
[Amended 1-23-2014 by Ord. No. 934]
A. 
All trees that are dead or have declined beyond recovery and which due to their unhealthy condition threaten the public health, safety or welfare, may be required, upon written notice by the Shade Tree Commission, to be cut and removed by the responsible property owner. This provision applies to any tree located within the Township.
B. 
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 in the same manner as described in § 100-10B and C above.
[Amended 1-23-2014 by Ord. No. 934]
A. 
Shade trees shall be of symmetrical growth, free of insects, pests and disease, and suitable for street use.
B. 
The minimum trunk diameter measured at a height of six inches above the finished grade level shall be three inches in caliper.
C. 
The Shade Tree Commission shall review the applicant's proposed list of recommended shade trees in order to ensure that appropriate species are to be utilized.
D. 
The applicant shall replace, in accordance with landscaping plans, any shade trees that die or, in the opinion of the landscape architect, are in an unhealthy or unsightly condition and/or have lost their natural shape due to dead branches, excessive pruning, inadequate or improper maintenance or any other causes due to the applicant's negligence. The applicant shall not be held responsible for acts of vandalism occurring after the commencement of the guaranty period.
E. 
Replacements shall be made during the first spring or fall planting season following the death of plants. The cost of such replacements shall be borne by the applicant.
A. 
Effective January 3, 1983, the Commission shall consist of five members. Expirations shall occur annually, with the first expiration occurring December 1983, and one expiration each December 31 thereafter.
[Amended 4-14-1983 by Ord. No. 466]
B. 
Upon the expiration of the term of any member, a successor shall be appointed to serve for a term of five years. A member may be reappointed.
C. 
The Commission shall promptly notify the Board of Supervisors of any vacancies which occur. Appointments to fill vacancies shall only be for the unexpired portion of the term.
A. 
The Commission shall appoint from its membership a Chairman, Vice Chairman and Secretary.
B. 
The Commission may make and alter bylaws, rules and regulations to govern its procedures.
C. 
The Commission shall keep a record of its resolutions, transactions, findings and determinations, which record shall be a public record.
D. 
The Commission shall file a written report with the Board of Supervisors annually, by March 1 of each year, of its business and activities.
[Amended 1-23-2014 by Ord. No. 934]
The regulations set forth in this chapter may, from time to time, be amended by the Board of Supervisors, pursuant to the Township Charter and/or the Second Class Township Code, 53 P.S. §§ 65101 through 68701.
[Amended 12-8-1988 by Ord. No. 565]
Any person, partnership or corporation who or which, being the owner or agent of any lot or parcel of land, shall violate or fail to comply with the provisions of this chapter or any order issued pursuant to any section thereof, shall be guilty of a summary offense and upon conviction thereof shall be punishable by a fine not to exceed $600 or by imprisonment not to exceed 30 days for each and every offense whenever such person, partnership or corporation shall have been notified, by service of summons in prosecution or in any other way, that he is committing such violation after any such notification. Each day's violation shall constitute a separate offense punishable by like fine or penalty. Such fines or penalties shall be collect as prescribed by law.