[HISTORY: Adopted by the Board of Supervisors of the Township of Loyalsock 12-17-2002 by Ord. No. 296.[1] Amendments noted where applicable.]
[1]
Editor’s Note: This ordinance also repealed former Ch. 199, Trees, adopted 9-24-1991 by Ord. No. 232, as amended.
This chapter shall be known and may be cited as the “Municipal Shade Tree Ordinance of the Township of Loyalsock, County of Lycoming.”
For the purpose of this chapter the following terms, phrases and words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future; words in the plural include the singular; and words in the singular include the plural. The word “shall” is mandatory and not merely directory.
LARGE TREES
Those attaining a height of 45 feet or more.
MEDIUM TREES
Those attaining a height of 30 feet to 44 feet.
MUNICIPALITY
The Township of Loyalsock, County of Lycoming.
PARK
Includes all public parks. The Recreation Board and the municipal governing body should decide who will maintain trees on public property other than along streets, such as adjacent to municipal buildings, within public parks, etc.
PERSON
Any person, firm, partnership, association, corporation, company, or organization of any kind.
PRINCIPAL THOROUGHFARE
Any street upon which trucks are not prohibited.
PROPERTY LINE
The outer edge of street or right-of-way.
PROPERTY OWNER
The person owning such property as shown by the County Assessor’s Plat of Lycoming County.
PUBLIC PLACES
All other grounds owned by the Township of Loyalsock, County of Lycoming, Commonwealth of Pennsylvania or any other political subdivision.
PUBLIC TREES
All shade and ornamental trees now or hereafter growing on any street, any Township easements or any public areas where otherwise indicated.
SMALL TREES
Those attaining a height of 20 feet to 29 feet.
STREET or HIGHWAY
The entire width of every public way or right-of-way when any part thereof is open to the use of the public, as a matter of right, for purposes of vehicular and pedestrian traffic.
TOWNSHIP
The body under whose jurisdiction all street trees fall.
TOWNSHIP ARBORIST
A professional in the field of trees, tree planting and tree maintenance, said person to be appointed by the Township Board of Supervisors.
TOWNSHIP MANAGER
A representative of the Township Supervisors, acting in a supervisory capacity.
TREELAWN
That part of a street or highway not covered by sidewalk or other paving, lying between the property line and that portion of the street or highway usually used for vehicular traffic.
A. 
All planting of trees or other vegetative material within Loyalsock Township must comply with Chapter 215, Zoning, of the Township Code, § 215-17, relating to screen planting, and § 215-15F, relating to obstructions of vision.
B. 
Trees may be planted within the Township of Loyalsock in proximity to streets, alleys, and other Township property, provided that such planting is in accordance with the standards hereinafter set forth.
(1) 
When the distance between the curb and the sidewalk is less than 36 inches, a tree shall not be planted.
(2) 
When the distance between the curb and the sidewalk is not less than 36 inches nor greater than 54 inches, the following trees may be planted, and shall be centered between curb and sidewalk:
(a) 
Kwanzan cherry - Prunus serrulata “Kwanzan.”
(b) 
Cockspur hawthorn - Crataegus crus galli inermis (thornless).
(c) 
Crimson cloud hawthorn - C. laevigata.
(d) 
Washington hawthorn - C. phaenopyrum.
(e) 
Japanese tree lilac - Syringa reticulatta.
(f) 
Amur maple - Acer ginalla.
(g) 
Tatarian maple - A. tataricum.
(h) 
Trident maple - A. buergeranum.
(i) 
Serviceberry - Amalanchier canadensis; Amalanchier laevis.
(j) 
Kousa dogwood - Cornus kousa (treeform).
(k) 
Crabapple - Malus species (Prariefire, Harvest gold, Centurion, Adams, Professor Sprenger, Red jewel, Snowdrift, Sugartyme, zumi callicarpa).
(3) 
When the distance between the curb and the sidewalk is not less than 54 inches, nor greater than 60 inches, the following trees, including trees listed in Subsection B(2), may be planted and shall be centered between curb and sidewalk:
(a) 
River birch - Betula nigra “Heritage.”
(b) 
Sargent cherry - Prunus sargenti.
(c) 
Amur corktree - Phellodendron amurense.
(d) 
Golden raintree - Koelruteria paniculata.
(e) 
Imperial honeylocust - Gleditsia triacanthos inermis “Imperial.”
(f) 
Amerian hornbeam - Carpinus caroliana.
(g) 
Hophornbeam - Ostrya virginiana.
(h) 
European Hornbeam - Carpinus betulus.
(i) 
Crimson king maple - Acer platanoides “Crimson King.”
(j) 
Scholartree - Saphora japonica.
(k) 
Callery pear - Pyrus calleryanna (Aristocrat, Autumn Blase, Chanticlear or Cleveland select, capital) ONLY THESE VARIETIES!!
(l) 
American yellowwood - Cladrastis kettukia.
(m) 
Hedge maple - Acer campestre.
(n) 
Green ash - Fraxinus pennsylvanica.
(o) 
White ash - F. americana.
(p) 
Baldcypress - Taxodium distichum.
(q) 
Black gum - Nyssa sylvatica.
(r) 
Kentucky coffeetree - Cymnocladus diocea.
(s) 
Lacebark elm - Ulmus parvifolia.
(t) 
American elm - U americana (DED Resitant V arieties only).
(u) 
Ginkgo - Ginkgo biloba.
(v) 
Hackberry - Celtis occidentalis.
(w) 
Honeylocust - Gleditsia triacanthos inermis.
(x) 
Katsura tree - Cercidiphyllum japonicum.
(y) 
Silver linden - Tilia tomentosa.
(z) 
Littleleaf linden - T. cordata.
(aa) 
Cucumber magnolia - Magnolia accuminata.
(bb) 
Burr oak - Quercus macrocarpa.
(cc) 
Red oak - Q. rubra.
(dd) 
Sawtooth oak - Q. acutissima.
(ee) 
Shingle oak - Q. imbricaria.
(ff) 
Shumard oak - Q. shumardi.
(gg) 
White oak - Q. alba.
(hh) 
London plan - Platanus acerifolia.
(ii) 
Dawn redwood - Metasequois glyptostroboides.
(jj) 
Sawtooth zelkova - Zelkova serrata.
(kk) 
Sweetgum - Liquidambar styraciflua.
(4) 
When the distance between the curb and the sidewalk is greater than 60 inches, any species of tree from Subsection B(2) may be planted, and shall be centered between the curb and sidewalk.
(5) 
The Township will entertain the planting of other species, provided such species is approved by the Township Arborist.
(6) 
When there are no sidewalks in existence, trees may not be planted within the street right-of-way.
A. 
The Loyalsock Township Board of Supervisors or its agents or representatives shall have the following responsibilities:
(1) 
Removal of dead, dying or diseased trees from Township property and rights-of-way as determined by the arborist.
(2) 
To remove all dead trees and stumps to a depth of eight inches below existing ground.
(3) 
Trim all trees in such a fashion as to provide a clearance of 14 feet between foliage on any tree and the road surface.
(4) 
Trim all trees to provide a clearance of eight feet between the foliage on any tree and the public sidewalk or walkway.
(5) 
Eliminate or trim any tree which, in the opinion of the Township Manager, presents a safety hazard or obstruction to Township improvements.
B. 
Loyalsock Township property owners shall have the following responsibilities:
(1) 
Any public tree removed from Township property or rights-of-way by the Township or by the property owner must be replaced with a tree of two inches in caliper in accordance with § 199-3B(2), (3) and (4).
(2) 
Place topsoil and seed all areas of disturbance.
(3) 
A property owner may request to have a public tree removed that has not been designated for removal by Loyalsock Township. However, this will be at the owner’s expense and, prior to removal of any public tree, the property owner must obtain approval from the Township.
(4) 
All tree pruning on public trees by the property owner or property owner’s contractor shall comply with the ANSI Section A 300 Regulations.
A. 
This chapter shall be enforced by action brought before a District Justice in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. Any person who violates or permits the violation of this chapter shall, upon conviction in a summary proceeding, be punishable by a fine of not less than $100 nor more than $1,000 or by imprisonment for a term not exceeding 90 days. Each day a portion thereof that such violation continues or is permitted to continue shall constitute a separate offense. Each section of this chapter that is violated shall also constitute a separate offense.
B. 
If, after a first violation and conviction, any person fails or refuses to correct the matter giving rise to the first violation, the Township may correct such violation with Township employees at Township expense or contract with a third party to correct the violation and may collect all costs and expenses incurred in connection with correcting the violation from the property owner involved.
C. 
In the event that the landowner shall not pay said cost, the Township Solicitor is authorized to place a lien against the property upon which the shade trees stand in the same manner and fashion as other municipal liens and to enforce the collection of said cost and interest in that manner. This method of enforcement is in addition to, and not in lieu of or in place of, any other method of enforcement available to the Township.