The purpose of this article is to protect the health, safety and welfare
of the citizens and general public within Franklin Township, Adams County,
Pennsylvania, particularly pedestrians and motor vehicle operators in and
upon Township Roads and public rights-of-way.
It shall be unlawful for any person to plant, maintain or allow to grow
any tree or other form of landscaping within the right-of-way of any Township
road or other public right-of-way or sidewalk in Franklin Township, Adams
County, Pennsylvania, or within 25 feet of any public sewer or water line;
provided, however, with regard to any such tree or other form of landscaping
planted or growing prior to the effective date of this article, that any such
preexisting tree or other form of landscaping shall be trimmed and maintained
in accordance with the requirements of this article.
Every owner of property in Franklin Township, Adams County, Pennsylvania,
shall be required to keep limbs and branches of all trees and other forms
of landscaping growing upon such property, or along any road, highway, street,
sidewalk, curb or alley abutting upon such property, trimmed so that no part
of such limbs or branches or of the foliage growing thereupon shall have a
clearance of less than eight feet above the surface of the sidewalk, or of
less than 14 feet above the surface of the road, highway, street or alley.
Further, every owner of property in Franklin Township, Adams County, Pennsylvania,
in or upon which there exists, as of the effective date of this article, a
tree or other form of landscaping within the public right-of-way of any Township
road or other public right-of-way, shall be required to keep the limbs and
branches of such preexisting trees and other forms of landscaping trimmed
so that no part of such limbs or branches or of the foliage growing thereupon
obscures, obstructs, or otherwise infringes upon safe and reasonable sight-lines
and sight-distances of pedestrians and operators of motor vehicles upon such
public rights-of-way. Any and all violations of this section are hereby declared
to be unlawful.
It shall be the responsibility of property owners in Franklin Township, Adams County, Pennsylvania, to conform to the requirements of this article as to trees and landscaping upon property owned by them, or along roads, highways, streets, sidewalks, curbs or alleys abutting upon such property, and, upon notice from the Franklin Township Board of Supervisors or the Franklin Township Code Enforcement Officer, to remove any tree, trees, or other landscaping growing in violation of §
138-18 of this article, and to trim or cut the branches or limbs of such tree, trees or landscaping as required by §
138-19 hereof. Any such notice shall be in writing, shall specify the nature of the alleged violation, shall specify the remedial action required, and shall state that compliance with the terms of the notice shall be effected within no more than 15 days from the date of such notice. Such notices shall be served personally upon the owner(s) of the offending property, or by certified mail, return receipt requested, to said owner's last known address. Any person failing to comply with any such notice within the time limit stated therein shall be guilty of a violation of this article and, following the expiration of such time limit, the Franklin Township Board of Supervisors shall have the right, power and authority to enter upon the offending property and to cause the work required by such notice to be done by the Township or under contract therewith, and to collect the cost of such work, with an additional amount of 10%, from such property owner(s). The Township shall thereafter have the right to collect the cost of such work, plus 10% penalty, plus reasonable costs and attorney's fees, from the owner(s), by filing a municipal claim against the subject property owner(s), in accordance with the laws of the Commonwealth of Pennsylvania pertaining thereto, which are hereby incorporated herein by reference.
Any person, firm, corporation or other entity, or any agent thereof,
who shall violate any provision of this article shall, upon conviction in
a summary proceeding brought before a District Justice 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.