[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.
The Shade Tree Committee of the Township of Whitehall.
Any natural person, firm, association, partnership or corporation.
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.
