[Ord. 757-2009, 7/1/2009]
To recognize the significance and importance that trees, shrubbery
and flora landscapes contribute to the founding character and history,
development and ecological attributes of the neighborhoods, communities,
recreational areas and lands of the Township of East Pennsboro, this
Part is intended to give awareness for the protection, preservation,
promotion and enhancement of proactive green management and planning.
The efficiencies gained through such a program complement energy conservation,
enhance air and water qualities providing natural aesthetics in balancing
sight, sound, and light migrations.
[Ord. 757-2009, 7/1/2009]
The following words and phrases, as used herein, shall have
the meanings hereby ascribed to them, except in those instances when
the context indicates a different meaning:
Includes all public parks having individual names.
Any permit, in writing, as issued by the Township.
Any natural person, firm, association, partnership, or corporation
or their servants, agents, or employees.
Includes all other grounds owned by the Township of East
Pennsboro.
Any street, sidewalk, avenue, or lane open to the public
within right-of-way lines thereof.
Any tree, shrub, or other woody plant in or upon any public
street, highway, avenue, or lane in the Township of East Pennsboro,
or that part of any tree, shrub or other woody plant which extends
within the lines of any public street, highway, avenue, or lane in
the Township of East Pennsboro.
[Ord. 757-2009, 7/1/2009]
No tree shall be replanted or removed in or upon any public
street, highway, avenue, or lane without a written permit from the
Township. All work required to be done under any permit issued hereunder
shall be completed within the time period specified, but not to exceed
three months from the date issued unless the time period has been
extended by the Township.
[Ord. 757-2009, 7/1/2009]
1.
The application for any permit required hereunder shall be made,
in writing, to the Township. Such permit shall describe the work to
be done, specify species or variety, size, and location and briefly
specify the method of planting and method of support. The Township
shall have the authority to designate a suitable type of tree and
may refuse a permit to plant any type of tree which, in its opinion,
is not suitable to the location. The permit may be revoked at any
time upon proof satisfactory to the Township that any of the terms
or conditions upon which such permit was issued are or have been violated.
2.
The Township in its discretion may, as a condition precedent to issuance
of a permit, require a contractor authorized by the homeowner to plant
a tree to guarantee said tree for a period of one year against defects
in materials or workmanship. If death of the tree results within this
time period and for the aforementioned reasons, the contractor will
incur the cost of removal, new tree cost and replanting for each tree
planted.
3.
A contractor hired to remove a tree shall be liable for injury to
persons or for damage to property resulting from removal.
[Ord. 757-2009, 7/1/2009]
Any person owning a street tree which is deemed by the Township
to be a danger to public welfare and property will be requested, in
writing, to remove such tree within a time period specified. If the
property owner shall neglect or refuse to remove such tree as required
by this section within the time period specified in such notice, the
Township may cause such removal to be done at the expense of the property
owner, and the entire cost thereof shall be a lien upon said premises,
and a claim therefor shall be filed and collected by the Township
Solicitor in the same manner as municipal claims are filed and collected.
[Ord. 757-2009, 7/1/2009]
No tree shall be planted in or upon the public streets, highways,
avenues, lanes, or sidewalks within five feet of any driveway. No
tree shall be planted closer than 25 feet in any direction from the
point of intersection of any two public rights-of-way lines, and a
distance of 30 feet must be maintained from any stop sign unless written
approval from the Township is given. A distance of 30 feet shall be
maintained on streets which are state highways.
[Ord. 757-2009, 7/1/2009]
1.
Trimming.
A.
All shade trees shall be kept trimmed by the owner such that the
minimum clearance where they overhang any public walks shall be nine
feet and the minimum clearance where they overhang any public street,
highway, avenue, or lane shall be 12 feet.
B.
If any property owner shall neglect or refuse to trim any shade tree
as required by this section upon notice, in writing, by the Township
within the time limit specified in such notice, the Township may cause
such trimming to be done at the expense of the owner, and the entire
cost thereof, plus 10%, shall be a lien upon said premises, and a
claim therefor shall be filed and collected by the Township Solicitor
in the same manner as municipal claims are filed and collected.
2.
No person shall, cut, break, climb with spurs, injure in any manner,
or remove any shade tree; or cut down or interfere in any way with
the main roots of any shade tree; or place any rope, guy wire, cable,
sign, poster, or any other fixture on any shade tree or guard for
any shade tree; or injure, misuse, or remove any device placed to
protect any shade tree, except in case of immediate necessity for
the protection of life and property.
[Ord. 757-2009, 7/1/2009]
In the erection or repair of any buildings or structure, the
builder, contractor, or owner thereof shall place such guards around
all the nearby trees on the public highways as shall effectually prevent
injury to them.
[Ord. 757-2009, 7/1/2009]
Any person who shall violate or fail to comply with any of the
provisions of this Part shall be liable, upon conviction thereof,
shall be sentenced to a fine not to exceed $1,000 plus costs. 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. Whenever such person shall have been notified by
the Township or the Township by service of summons in prosecution
or in any other way that he is committing such violation, each day
in which he shall continue such violation after any such notification
shall constitute a separate offense punishable by like fine or penalty.
The fines or penalties shall be collected as prescribed by law.
