[HISTORY: Adopted by the Township Committee of the Township of Holland 2-16-1993 by Ord. No. 1993-1. Amendments noted where applicable.]
It shall be the duty of the owner, tenant or person in possession of any lands in the Township of Holland to keep all brush, hedges and other plant life growing on such land within the clear space (as defined below) near any regulatory or warning sign (as defined below) along any public roadway in this Township, cut to a height of not more than 2 1/2 feet above grade.
The clear space is that space contained within a vertical projection of a horizontal plane having the shape of a right triangle with dimensions of 10 feet by 75 feet. The ten-foot side of the triangle shall be measured from and perpendicular to the roadway edge of pavement at a distance of five feet behind the regulatory or warning sign face. The seventy-five foot side is measured along the edge of the roadway pavement from the ten-foot base leg. The following is an illustration of the calculation of the clear space:
Regulatory and warning signs are all those regulatory signs and warning signs of the type described in Schedule A annexed to and made part of this chapter, which signs are more completely described and depicted in Parts II-B and II-C of the Manual on Uniform Traffic Control Devices, as published by the United States Department of Transportation, Federal Highway Administration (a copy of which is on file at the office of the Holland Township Clerk and available for inspection during regular business hours).
Notwithstanding the foregoing language, the clear space shall not include any area which is farther than 10 feet from any roadway pavement or farther than 25 feet from the pavement at the intersection of any two roadways (said distances also measured on a horizontal plane and a vertical projection thereof).
After investigation of any condition involving brush, hedges or other plant life along any way where there is a duty to cut the same as described in § 121-1, the Township Engineer shall make a written report of the conditions to the Township Committee. If the reported conditions are found to exist by the Township Committee, the Township Committee shall direct the Township Clerk to notify the owner, tenant or person in possession of the lands where such condition exists, in writing, either by personal service or by certified mail, to cut the same so as to comply with the provisions of § 121-1 and to remove the cut material, within 10 days after the receipt of such notice. The Township Engineer shall inspect the lands in question after the ten-day period has expired and report in writing to the Township Committee whether the condition has been remedied.
If the owner, tenant or person in possession of the lands in question fails to abate and remedy the condition in accordance with § 121-1 within 10 days after receipt of notice, the Township Road Supervisor shall cause the condition not in compliance with § 121-1 to be abated and remedied and shall certify the cost thereof to the Township Committee within one month after such abatement and removal. The owner, tenant or person in possession of the lands in question shall be mailed a copy of such certification by the Township Clerk, by regular mail, along with notice of the date, time and place of a meeting of the Township Committee at which such certification will be considered. At a meeting of the Township Committee specified in such notice, the Township Committee shall examine the certificate and afford the owner, tenant or person in possession of the lands in question an opportunity to be heard with regard to the same. If, after such hearing, the Township Committee shall find such certification of cost to be correct, it shall cause the cost as shown on the certification to be charged against such lands or, in the event that such cost is found to be excessive, shall cause the reasonable cost thereof to be charged against said lands. The amount so charged shall forthwith become a lien upon such lands and shall be added to and become and form part of the taxes next to be assessed and levied upon such lands, the same to bear interest at the same rate as other taxes and shall be collected and enforced by the same officers and in the same manner as taxes. Such costs shall be in addition to any other penalty imposed for any violation of this chapter.
Any owner, tenant or person in possession of the lands in question who fails to abate and remedy the condition in accordance with § 121-1 within 10 days after receipt of the notice described in § 121-2, shall be, on conviction of such failure, subject to a fine not exceeding $1,000 or imprisonment for a term not exceeding 90 days, or both.