[Adopted 6-14-1993 by Ord. No. 1841]
A. 
A Shade Tree Committee is hereby created as a subcommittee of the Environmental Advisory Council and shall consist of a minimum of three members and a maximum of five, all of who shall be residents of the Township. Members of the Committee shall be appointed by the Board of Commissioners after nominations are presented by the Environmental Advisory Council for staggered terms of three years. The first member shall be appointed to serve one year. The second member appointed shall serve two years and the third member appointed shall serve three years. Additional members appointed shall serve two and three year terms respectively.
B. 
The members of the Committee shall serve without pay but they may be reimbursed actual authorized expenses within the funds budgeted for such activities by the Board of Commissioners.
C. 
A vacancy on the Committee, which occurs for reasons other than the expiration of term, shall be filled by the Board of Commissioners upon nomination of the Environmental Advisory Council for the unexpired portion of the term.
A. 
Members of the Committee shall elect a Chairman, Vice-Chairman and such other officers as they may determine necessary. All officers shall be eligible for reelection.
B. 
The Committee shall keep a written record of its meetings in accordance with law which shall be maintained within the minutes of the Environmental Advisory Council. The Committee shall provide the Board of Commissioners with minutes and annual or other reports of its activities as may be requested or required.
C. 
For the purpose of taking action, a quorum (a majority) of members must be present.
The following words and phrases, when used in this article, shall have the meaning hereby ascribed to them, except in those instances where the context already indicates a different meaning.
COMMITTEE
The Shade Tree Committee of the Township of Whitehall.
PERSON
Any natural person, firm, association, partnership or corporation.
SHADE TREE
Any tree, shrub or woody plant within the right-of-way of any public highway of the Township of Whitehall or that part of any tree, shrub or other woody plant which extends within the lines of any public highway.
A. 
The Committee shall advise on the planting, maintenance and removal of trees. Such advise may include:
(1) 
Recommendations of tree species for public areas.
(2) 
Recommendations for controlling diseases and pests damaging trees.
(3) 
Recommendations for tree maintenance.
(4) 
Recommendations for public education/information programs concerning the importance and care of trees.
(5) 
Recommendations on the Department of Public Works rules and regulations regarding tree planting, maintenance and removals.
B. 
The Committee through the Environmental Advisory Council shall prepare for the Board of Commissioners' approval, a plan for street trees in the Township. The plan should include a listing of existing trees (including species and location). The plan may also identify locations for new plantings, desirable specie changes, etc.
C. 
In developing the plan, the Committee should consult with other Township Boards and Commissions. The plan should recognize the benefits of a public tree program and the need to control expenses (both in the short term and long-term) of planting, maintenance, removals, clean up and all other costs associated with a tree program. The Committee shall review the plant annually and/or at other times, at the request of the Board of Commissioners.
The Committee is hereby authorized, but not limited to, perform the following activities with regard to trees.
A. 
The Committee may solicit and accept grants and contributions on behalf of the Township. All funds obtained by the Committee shall be expended for the specific purpose(s) or under the stipulations set by the contributor or the Committee with specific approval of the Board of Commissioners.
B. 
The Committee or its designee may issue permits for the removal of trees in the rights-of-way. These permits should state the reason behind the removal in order for the Committee to track potential deforestation.
C. 
The Committee or its designee may make, publish and enforce regulations for the care and protection of the shade trees of the Township. No such regulations shall be in force until they have been approved and ordained by the Board of Commissioners and published at least twice in a newspaper of general circulation in the Township.
No person shall plant, cut down or remove any shade trees under the jurisdiction of the Shade Tree Committee or fasten any sign, nails, wire, rope or other materials to, around or through any such shade tree or deposit, place, store or maintain any stone, brick, sand, concrete or other material which may impede the free passage of water, air or fertilizer to the roots of any such shade tree, unless he shall first obtain permission from the Shade Tree Committee to do so. Exception: newly planted trees may be guyed to provide stability during the first three growing seasons following planting.
The owner of the property upon which a tree is rooted shall trim branches from any shade trees overhanging the public streets and highways of the Township so that they do not obstruct the light from any streetlight or obstruct other traffic control devices and so that there shall be a clear height of 14 feet above the surface of the street and eight feet over the sidewalk. If any property owner shall neglect or refuse to trim any shade tree as required by this section, upon notice in writing by the Committee, or its designee, within the time limits specified in such notice, the Committee, or its designee, may cause such trimming to be done at the expense of the landowner. Exception: See § 1-108, "Exemptions."
A. 
Potentially hazardous trees in public areas. Trees in public areas which, in the opinion of the Committee or the Department of Public Works, are seriously damaged, diseased, disfigured or constitute a hazard to the public may be removed by the Department of Public Works. Prior to tree removals from public rights-of-way notice shall be provided to the property owner(s) immediately adjacent to the tree(s) to be removed. Notices shall also be provided to the Board of Commissioners. The property owner may appeal the removal to the Committee and the Environmental Advisory Council. If not satisfied with the decision of the Committee or the Council, the property owner may appeal to the Board of Commissioners.
B. 
Immediate hazards in public areas. When, in the opinion of the Shade Tree Commission or the Department of Public Works, a tree or portion(s) of a tree in public areas constitutes an immediate hazard to persons or property, the Department of Public Works shall remove the hazard without notice or appeal.
C. 
Potentially hazardous trees on private property. Trees on private property which, in the opinion of the Shade Tree Commission, after consultation with an arborist, are sufficiently damaged, diseased or in such condition as to contribute a potential hazard to the public or to other trees on public property, may be ordered, removed, partially removed or treated. Property owners so ordered shall have 10 days following receipt of the order to appeal through the Department of Public Works to the Committee. The Shade Tree Committee shall hear the appeal and make a determination within 10 days of the receipt of the appeal. Decisions of the Committee shall be appealable as provided by law. Appeals to the Committee shall be recorded and decisions shall be written and shall include findings of fact. Following a determination by the Committee that said tree should be removed, partially removed or treated, the property owner shall comply within five days. If the property owner shall fail to refuse to remove or treat said tree, the property owner shall be subject to the penalty specified in the penalty section of this Article XVII. In addition, the Department of Public Works is authorized to remove said hazardous tree or portions thereof. All costs for such work shall be assessed to the property owner. Exception: See § 1-108, "Exemptions."
D. 
Immediate hazards on private property. When, in the opinion of the Committee or the Department of Public Works, as confirmed by a qualified arborist, a tree or portion(s) of a tree on private property is infected with Dutch Elm Disease, blight or otherwise constitutes an immediate hazard to the public or other tree on public or private property, the property owner shall immediately be notified of the hazard and requested to eliminate it. If the hazard is not eliminated, the matter shall be considered by the Committee at a public meeting. Upon determination that the tree is an immediate threat or hazard, the Department of Public Works is authorized to remove or order the removal of the tree or portion of the tree after five days notice to the property owner. All costs for such work shall be assessed to the property owner. Exception: See § 1-108, "Exemptions."
The following persons shall be deemed exonerated from the obligations to pay for the removal of a tree or portion of the tree to Whitehall Township:
A. 
All households whose income from all sources if less than $15,000 per year and where the head of the household is:
(1) 
An adult individual age 62 years or older as of December 31 of the prior calendar year.
(2) 
Widows or widowers age 50 or older as of December 31 of the prior calendar year.
(3) 
Persons permanently and totally disabled as determined utilizing criteria developed and hereinafter to be developed by the Social Security Administration.
(4) 
Persons deemed legally blind in accordance with the appropriate Social Security Administration criteria.
Each developer shall provide a minimum of one tree every 40 feet to 60 feet which shall be planted in the right-of-way. There shall be at least two species of trees planted per development, placement of trees to be determined by the Shade Tree Committee or their designee. Comments on subdivision and land development plans from the Committee shall be provided in written form to the Planning Commission.
A. 
Tree specifications.
(1) 
Trees shall be of nursery stock quality, grown under the same climatic conditions as at the location of development.
(2) 
All planting shall be done in conformity with good nursery and landscape practice and to the standards established by the Shade Tree Committee.
(3) 
Trees permitted shall be of symmetrical growth, free of insects, pests and disease.
(4) 
All trees shall have a minimum trunk diameter of two to 2 1/2 inches at a height of six inches above the ground or ball level and shall have a minimum height of 13 feet with a minimum seven-foot single straight trunk to the first lateral primary branches above the ground or ball level.
(5) 
All trees planted in the rights-of-way of a new development shall remain in place for a minimum of two years and shall remain the responsibility of the developer for those two years or the expiration of the subdivision maintenance agreement. Exception: Diseased or damaged trees shall be replaced by the developer within those two years with no penalty.
Where shade trees are to be planted along a street or highway where no curbs exist, planting location should be specified stating footage behind the proposed curbline where trees may be planted. The location of the proposed curbline shall be determined solely by the Township's designated Engineer or surveyor. Further, no trees shall be planted, either new or by replacement of an existing tree in the grass area between the curb and sidewalk if that area is less than four feet in width unless viewed and approved by the Shade Tree Committee.
In the event of a shade tree being damaged, the Shade Tree Commission may make a charge for repairs to the tree, plus the devaluation of the tree against the person causing the damage to the said tree. In the event of a shade tree being destroyed by any person, the Shade Tree Committee may make a charge for the appraised value of the tree plus the cost of removal and replacement thereof, against the person causing the destruction of said tree.
[Amended 8-8-2005 by Ord. No. 2578]
Any person, firm or corporation who shall violate any provision of this section shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this section continues shall constitute a separate offense.
The following list may be amended as deemed necessary by the Committee.
A. 
Armstrong Maple.
B. 
Emerald Queen Maple.
C. 
Scanlon Maple.
D. 
Red Maple.
E. 
Sugar Maple.
F. 
Hedge Maple.
G. 
Thornless Honey Locust.
H. 
Red Oak.
I. 
Pin Oak.
J. 
London Plane.
K. 
Willow Oak.
L. 
Cleveland Maple.
M. 
October Glory Maple.
N. 
Gingko (male only).
O. 
Sweet Gum.
P. 
Black Gum.
Q. 
Little Leaf Linden
R. 
Silver Leafed Linden.
S. 
Crimean Linden.
T. 
European Hornbean.
U. 
Kwanzan Cherry (high graft).
V. 
Scarlet Oak.
W. 
Hawthorne.