[Ord. 90, 2/19/1962, § 1]
There is hereby created a shade tree commission to be known
as the "Shade Tree Commission of Lower Southampton 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 part.
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 part, it may
be guided by the standards laid down by the National Shade Tree Conference
or any other similar organization which promulgates standards which
would carry out the intent of this part. 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 part, provided that such plan shall not become
effective until approved by the Township Supervisors.
[Ord. 90, 2/19/1962, § 2]
It shall be unlawful for any person, firm or corporation to
plant any tree or shrub on any public highway or park within the Township
of Lower Southampton without first obtaining from the Shade Tree Commission
a written permit and complying in all respects with the conditions
set forth in the same.
[Ord. 90, 2/19/1962, § 3]
In order to obtain a uniform effect, it shall be necessary for
any person, firm or corporation desiring to plant trees or shrubs
on any public highway or park in the Township of Lower Southampton
to use only such varieties as may be specified by the Shade Tree Commission.
The location of all trees and shrubs on any public highway or park
of the Township of Lower Southampton shall be determined by the Shade
Tree Commission working in conjunction with the Planning Commission
of the Township. Street trees may be located on either side of the
sidewalk, whichever position may be best for tree growth and for the
appearance of the street, but must be planted on public property within
the specified width of the public highway on which they are located.
[Ord. 90, 2/19/1962, § 4]
It shall be unlawful for any person, firm or corporation without
a written permit of the Shade Tree Commission to cut, break, climb
or injure any tree or shrub planted or growing in any public highway
or public park of the Township of Lower Southampton or cause, authorize,
or procure any person to cut, break, climb, or injure any such tree
or portion thereof; or to injure, misuse, or remove or cause, authorize
or procure any person to injure, misuse or remove any device set for
the protection of any tree or plant in any public highway or park
in the Township of Lower Southampton. Any person, firm or corporation
desiring to cut, prune or spray any tree or plant in any public highway
or public park of the Township of Lower Southampton may apply to the
Shade Tree Commission and if, in the judgment of said Commission,
the desired cutting, pruning or spraying shall appear necessary and
the proposed method and workmanship thereof is such as said Commission
approves, the Shade Tree Commission thereupon shall issues a written
permit for such work. Any work done under such written permit must
be performed in strict accordance with the terms thereof.
[Ord. 90, 2/19/1962, § 5]
The application for any permit required hereunder shall be made
in writing to the Secretary of the Shade Tree Commission 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. 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 proof satisfactory to the Commission that the terms
and conditions upon which the permit has been issued are or have been
violated.
[Ord. 90, 2/19/1962, §§ 6 through 13]
1.
It shall be unlawful for any person, firm or corporation owning or
using or having control or charge of gas, hot water, steam or other
substance to come into contact with the soil surrounding the roots
of any tree in any public highway or any tree or plant in any public
park in the Township of Lower Southampton in such manner as may injure
such tree or plant.
2.
It shall be unlawful for any person, firm or corporation to cause,
authorize or procure any brine water, oil, liquid dye or other substance
deleterious to tree life; to lie, leak, pour or drip onto or into
the soil about the base of a tree in any public highway or public
park of the Township of Lower Southampton or on any sidewalk, road
or pavement herein at a point whence such substance may be lying or
be flowing, dripping or seeping into such soil, or in any other manner
whatever to injure such tree; or to cause or procure such lying, leaking,
flowing, dripping, seeping or injury.
3.
It shall be unlawful for any person, firm or corporation, except
with the written permit of the Shade Tree Commission, to place or
maintain upon the ground of any public highway or park within the
Township of Lower Southampton any stone, cement or other material
or substance in such manner as may obstruct the free access of air
and water to the roots of any tree in any such highway or park; space
around tree to be at least 24 inches.
4.
It shall be unlawful for any person, firm or corporation to cause,
authorize or procure a wire or other conductor charged with electricity
to come into contact with any tree in a public highway or with any
tree or plant in the city park in Lower Southampton Township in such
manner as may injure or kill such tree or plant.
5.
It shall be unlawful for any person, firm or corporation, without
a written permit of the Shade Tree Commission, to attach or keep attached
to any tree in any public highway or park in the Township or to the
guard or stake intended for the protection of such tree any rope,
wire, sign or any other device whatsoever.
6.
It shall be unlawful for any person, firm or corporation, to scar,
injure or destroy any tree or shrub on any public highway or park
of the Township either by animals or motor vehicles.
7.
During the erection, repair, alteration or removal of any building
or structure within the Township, it shall be unlawful for any person
or persons in charge of such erection, repair, alteration or removal
to leave any street tree in the vicinity of such building or structure
without such good and sufficient guards or protectors as shall prevent
injury to said tree arising out of or by reason of said erection,
repair, alteration or removal.
8.
It shall be unlawful for any person, firm or corporation to interfere
or cause or authorize an interference with the Shade Tree Commission
or any of its agents or employees while he or it is engaged in planting,
maintaining or removing any trees or shrubs from any public highway
or park in the Township.
[Ord. 90, 2/19/1962, § 14]
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 they overhang any public street or highway shall be
11 feet. However, the Shade Tree 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 so to trim such
trees upon being notified in writing by the Commission to do so, the
Commission may, after the expiration of the date specified in 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 Lower Southampton Township in the
same manner as municipal claims are filed and collected.
[Ord. 90, 2/19/1962, § 15]
The Shade Tree Commission may, upon giving to the owner or occupant
of the premises upon which such tree is located 10 days' written notice
or, in the event that said premises is unoccupied, by leaving written
notice publicly displayed upon such premises and by sending the same
to the last known address of the owner or reputed owner, require such
owner or occupant of the property to cut and remove trees afflicted
with Dutch elm disease or other disease which threatens to injure
or destroy said trees in the Township. Upon failure of such owner
or occupant to comply with such notice, the Township may cause such
tree to be removed and to collect the cost of such removal in the
manner provided by law.
[Ord. 90, 2/19/1962, § 16]
The Shade Tree Commission shall be empowered to promulgate and
adopt a tree planting plan establishing the types and varieties of
trees which may be planted along certain streets or in certain developments.
The purpose of such comprehensive plan shall be to regulate and require
the variety of trees which may be planted along the public highways
and the beauty thereof and to establish uniformity. Whenever the Shade
Tree Commission shall have adopted a comprehensive tree planting plan,
or shall have adopted a tree planting plan for a particular street,
development or section of the Township, then every developer, owner,
builder and other person approving a lot or parcel of ground shall
plant the public highway areas or the public walkway areas with the
variety of trees in such locations and in such proximity as is required
by the shade tree plan as promulgated by the Shade Tree Commission.
Planting shall be done within a period of six months after the date
of the initial occupancy of the dwelling house or building erected
upon such lot.
[Ord. 90, 2/19/1962, § 17; as amended by Ord. 356,
12/17/1986; and Ord. 532, 9/10/2008]
Any person, firm or corporation who shall violate any provision
of this part, upon conviction thereof in an action brought before
a Magisterial District Judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not less than $100 nor more than
$1,000 plus costs and, in default of payment of said fine and costs,
to a term of imprisonment not to exceed 90 days. Each day that a violation
of this part continues or each section of this part which shall be
found to have been violated shall constitute a separate offense.
