[Adopted 6-7-1990 as Ch. 25, Part 1, of the 1990 Code]
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.
A. 
As used in this article, the following terms shall have the meanings indicated:
PERSON
Shall mean and include any natural person, partnership, association, firm, corporation or other entity.
B. 
The singular shall include the plural; the plural shall include the singular; and the masculine shall include the feminine and the neuter.
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.
A. 
Any person aggrieved by the terms of any notice under this article from the Franklin Township Board of Supervisors or the Franklin Township Code Enforcement Officer may request and shall then be granted a hearing before the Franklin Township Board of Supervisors, provided that said person files with the Supervisors within 10 days after the date of any such notice, a written petition requesting such hearing and setting forth a statement of the grounds therefor. All matters and procedures concerning such hearings shall be the same as are set forth in Chapter 64, Building Permits, of this Code.
B. 
Any person aggrieved by any decision of the Franklin Township Board of Supervisors may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of this Commonwealth.
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.