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.
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."
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.
U. Kwanzan Cherry (high graft).