The following words, when used in this article,
unless the context clearly indicates otherwise, shall be defined as
follows:
ENGINEER
The Engineer of the Township of Washington appointed by the
Township Supervisors.
SIDEWALK AREA
The area between the street (curb-) line and the right-of-way
line of a street as shown on the topographical survey, recorded subdivision
plan or as established by ordinance.
STREET
Any street, avenue, boulevard, road, highway, freeway, parkway,
lane, alley, viaduct or other thoroughfare appearing on the topographical
survey of the Township, recorded subdivision plan or as established
by ordinance and open to public use.
SUPERVISORS
The Supervisors of the Township of Washington.
It is hereby declared unlawful for any trees, evergreens, hedges, plants or shrubbery to be planted by any person, firm or corporation within three feet of the property side of the right-of-way line along any street or for any trees, evergreens, hedges, plants or shrubbery to be planted by any person, firm or corporation in any sidewalk area, which is defined as the area located between the curbline and the right-of-way line as shown on the topographical survey of the Township or a recorded subdivision plan. No trees or shrubbery shall be planted along the right-of-way lines on a corner property in any manner that would not conform to sight distance requirements of Chapter
107, Subdivision and Land Development. Any trees, evergreens, hedges, plants or shrubbery planted in violation of this section are hereby declared to be nuisances and must be removed within 30 days after notice to the owner or owners of the respective lot or lots to do by the Board of Supervisors, and, upon failure of said owner or owners to accomplish said removal, said Board of Supervisors shall cause the same to be done and shall collect from said owner or owners of the lot or lots the costs thereof and 10% additional, together with all charges and expenses, and, if payment is not made, shall file a municipal lien therefor against such lot or lots or shall bring a civil action against said owner or owners for collection thereof.
Any person, firm or corporation applying for
any permit under this article shall indemnify the Township against
all liability of whatever nature, excepting only that of the Township,
arising during the performance of work for which a permit is granted,
whether or not said liability arises as a result of the negligence
of the person, firm or corporation to whom the permit was issued.
[Amended 7-11-1996 by Ord. No. 1996-4]
Any person who shall violate or fail to comply
with any of the provisions of this article shall be subject to a civil
fine not exceeding $600. The Township Building Inspector/Official,
or any other Township representative authorized by the Board of Supervisors,
shall determine in each instance whether a violation of this article
has occurred and, if so, the amount of the civil fine to be imposed
upon the violator. Notice of the civil fine shall be served upon the
violator by certified mail, return receipt requested, or by personal
delivery by a Township representative. Should the violator not pay
the civil fine within 20 days of the date of service, the Township
Building Inspector/Official or other duly designated Township representative
shall file a civil enforcement proceeding with the District Justice
having jurisdiction to recover the civil fine, court costs and reasonable
attorney fees incurred by the Township as a result of the violation.
No judgment shall be imposed until the date of the determination of
a violation by the District Justice. If the violator neither pays
nor timely appeals the judgment, the Township may enforce the judgment
pursuant to the applicable Rules of Civil Procedure. Each day that
a violation continues shall constitute a separate offense.
Notwithstanding anything hereinabove set forth
in this article, whenever the provisions of this article shall be
inconsistent with the provisions of the land subdivision regulations
of the Township of Washington as from time to time are in effect and
the provisions of said land subdivision regulations are more restrictive
or contain more-stringent requirements than are set forth in this
article, then in such event the provisions of said land subdivision
regulations shall prevail and be applicable.