[Ord. 08-09, 3/13/2008]
The purpose of this Part is to establish a desirable amount
of tree cover on public lands within the Township; maintain Township
trees in a healthy and nonhazardous condition through good arboricultural
practices; establish and maintain appropriate diversity in tree species
and age classes to provide a stable and sustainable suburban forest;
promote conservation of tree resources; and select, situate and maintain
street trees appropriately to minimize hazard, nuisance, landscape
damage and maintenance costs.
[Ord. 08-09, 3/13/2008]
1.
CARTWAY
PERMIT
PERSON
PUBLIC RIGHT-OF-WAY (STREET OR HIGHWAY)
SHADE TREE COMMISSION or COMMISSION
SHADE TREE or TREE
TOWNSHIP
TREE LAWN
The following words and phrases are used in this Part:
The portion of a street or alley which is improved, designated
or intended for vehicular use.
Permission in writing as issued by the Shade Tree Commission
to do specific work under this Part.
Any individual, firm, association, partnership, corporation,
company, organization or public utility.
The entire width of every municipal way or right-of-way when
any part is open to the use of the public for purposes of vehicular
and pedestrian traffic.
The governing body that has jurisdiction over all street
trees in Susquehanna Township.
Any planted tree located within the right-of-way of the public
streets and highways of the Township, including the tree lawn.
Susquehanna Township.
The area lying between the sidewalk and that portion of the
street used for vehicular traffic.
2.
In this Part, the singular shall include the plural, and the masculine
shall include the feminine.
[Ord. 08-09, 3/13/2008]
1.
The Shade Tree Commission shall be composed of five members who shall
be residents of the Township, who shall be appointed by the Township
Board of Commissioners, and who shall serve without compensation.
Shade Tree Commission terms shall be staggered so that one term expires
every year. When a vacancy occurs on the Shade Tree Commission, a
successor shall be appointed by the Township Board of Commissioners
to serve the remainder of the unexpired term. On the expiration of
the term of any Shade Tree Commissioner, a successor shall be appointed
by the Township Board of Commissioners to serve a term of five years.
2.
The Commission shall have exclusive custody and control of the shade
trees in the Township. Susquehanna Township is authorized to plant,
remove, maintain and protect shade trees along public streets and
highways.
3.
It is the duty of the Susquehanna Township Board of Commissioners
to determine the needs of the Township regarding shade trees on public
streets. To assist the Board of Commissioners, the Shade Tree Commission
should make recommendations to the Board of Commissioners and conduct
regular meetings.
4.
The Commission may also perform shade tree inspections and notify
residents when action is required. Citations with regard to shade
tree violations shall be issued by the Township Building or Code Enforcement
Officials and not by Shade Tree Commission members.
[Ord. 08-09, 3/13/2008]
1.
It is the responsibility of the property owner to:
A.
Maintain the health, appearance and safety of the shade trees in
the tree lawn and within the public right-of-way. This includes pruning
low-hanging and dead branches, removing dead trees, and planting appropriate
replacement trees.
B.
Maintain any trees, bushes, and other vegetation within the Township
rights-of-way to allow for full visibility of signs.
C.
Comply with notices received from the Township regarding tree care.
D.
Comply with all conditions of permits issued by the Shade Tree Commission.
This may include pruning, tree removal, stump grinding and/or tree
replanting.
2.
If any property owner shall neglect or refuse to comply with trimming,
removal, stump grinding, or replanting requirements, the Commission,
through Township staff, may cause such trimming or maintenance to
be done at the expense of the owner and the entire cost filed and
collected by the Township Solicitor in the same manner as municipal
claims are filed and collected.
[Ord. 08-09, 3/13/2008]
1.
A permit is required to remove any shade tree in the tree lawn or
located within the public right-of-way. The Commission has the authority
to deny tree removal requests. Permits must be obtained by the homeowner
or contractor before work begins.
2.
A permit is required to plant any tree not on the approved tree list,
which can be obtained from the Township website or at the Township
office. A completed shade tree permit application for planting shall
include the species to be planted and preferred planting location
and will be reviewed by the Commission.
3.
A permit is required to conduct any work around the roots of a shade
tree that will interfere with or cause damage to the roots, including
laying sidewalk or driveway within 10 feet of a shade tree.
4.
Dead branches may be trimmed without a permit. Any branch, dead or alive, that is below the minimum height requirements in § 25-108 must be trimmed, and no permit is required. A permit is required to trim any living branch that is greater than one inch in diameter and that is above the heights listed in § 25-108.
[Ord. 08-09, 3/13/2008]
Shade tree permit applications are available from the Township
website or at the Township office. The application must be completed
in full and returned to the Township office. Applications received
at least seven days prior to the monthly Shade Tree Commission meeting
will be reviewed at the next meeting. The homeowner will be notified
of the Commission's decision within five days of the meeting.
If the application was approved, a permit will be issued and mailed
to the homeowner or can be picked up at the Township office.
[Ord. 08-09, 3/13/2008]
Pursuant to law, a person with proper standing may appeal a
final order to the Dauphin County Court of Common Pleas.
[Ord. 08-09, 3/13/2008]
1.
All trimming and pruning of shade trees shall be done in a manner
to ensure natural growth and a natural appearance. Care of mature
trees requires a high level of skill. In most cases, homeowners will
need to call upon professional assistance for the care of their trees.
Pruning standards are available at the Township office.
2.
A minimum clearance of tree branches must be maintained at 14 feet
above street surface and eight feet above sidewalks. On smaller trees,
the branches shall be kept trimmed to protect the public safety.
3.
Dead branches over two inches in diameter must be removed.
4.
Flush cuts are prohibited. A flush cut is a pruning technique too
close to the trunk in which both branch and stem tissue are removed.
5.
All pruning must use the undercut method to avoid tearing of the
bark.
6.
Final cuts must be made a minimal distance from the parent stem,
outside the branch collar. No stubs should remain greater than one
inch past the branch collar.
7.
Tree topping is prohibited. Topping is defined as the severe cutting
back of limbs to stubs larger than three inches in diameter which
removes the normal canopy and disfigures the tree.
[Ord. 08-09, 3/13/2008]
1.
No person shall damage, mutilate, kill or destroy any shade tree.
2.
No person shall damage, injure, or in any manner interfere in any
way with the main roots of any shade tree.
3.
No person shall excavate any ditches, tunnels or trenches or lay any sidewalk or driveway within a radius of 10 feet of any shade tree without first obtaining a written permit from the Commission. In the event that street trees or their roots have been damaged due to negligence or poor root pruning practices, the contractor or property owner shall be subject to the penalties described in § 25-117.
4.
Alternative methods shall be considered to prevent root cutting that
may result in tree instability or decline, including:
[Ord. 08-09, 3/13/2008; as amended by Ord.
16-11, 9/22/2016]
After removal of a tree from the tree lawn or the public right-of-way,
the remaining stump shall be removed to a point not less than 15 inches
below the grade of the surrounding area.
[Ord. 08-09, 3/13/2008]
1.
As a condition to any permit to remove any shade tree, the Township
may require that the property owner plant, at his/her own expense,
another tree in place of the one removed. Any replacement tree shall
be planted within six months of the removal of the previous tree.
2.
Replacement trees shall be measured at a point six inches above planting
level. All trees shall be of 1 1/2 inches to two inches in diameter
at this point.
3.
Shade trees planted within the street right-of-way shall be located
no less than 20 feet from any intersection of two streets. They shall
not be located as to hinder or block operation of fire hydrants.
[Ord. 08-09, 3/13/2008]
In the event of a shade tree being damaged by a person, the
Commission may make a charge for repairs to the tree, plus the devaluation
of the tree, plus the cost of removal and replacement, against the
person causing the damage or destruction to the tree.
[Ord. 08-09, 3/13/2008]
In the event any shade tree or trees are felled by storm or
other accident, the tree shall be removed from the cartway by the
Township without charge. Property owners shall be responsible for
other removal or cleanup. Replacement of such trees will be required
at the expense of the property owner.
[Ord. 08-09, 3/13/2008]
The Township shall have the right to require the removal of
any dead or diseased tree on private property, or require the trimming
of a tree on private property, if the dead tree or the low-hanging
branches overhang or endanger the public right-of-way and constitute
a hazard to life and/or property, in the opinion of the Shade Tree
Commission, or harbor insects or disease which constitute a potential
threat to other trees within the Township. The Shade Tree Commission
will notify the owners of such trees in writing.
[Ord. 08-09, 3/13/2008]
All tree maintenance contractors who trim, remove or otherwise
maintain trees located within the Township rights-of-way shall possess
general liability insurance coverage with a policy limit of not less
than $500,000 for each occurrence. Contractors shall follow all rules
and regulations of this Part.
[Ord. 08-09, 3/13/2008]
The fees for all permits will be set by the Shade Tree Commission,
subject to approval by the Board of Commissioners.
[Ord. 08-09, 3/13/2008]
Any person or persons, firm or corporation who violate any of
the provisions of this Part shall, upon conviction, be sentenced to
pay a fine of not less than $50 nor more than $600, plus the costs
of prosecution. Each day during which the violation occurs or persists
shall constitute a separate offense. The Shade Tree Commission, to
the extent provided by ordinance of the Township, may assess penalties
for the violation of its regulations and or this Part as far as it
relates to shade trees. Any penalty so assessed shall be a lien upon
the real estate of the offender and may be collected as municipal
claims are collected.
[Ord. 08-09, 3/13/2008]
This Part shall be enforced by the Shade Tree Commission in
conjunction with the cooperation of the Township Commissioners, Township
police and other Township departments.
[Ord. 08-09, 3/13/2008]
Payment of costs for work done by the Township shall be due
and payable 30 days after proper invoice by the Township to the property
owner. If the property owner does not make payment within 30 days,
these costs shall be considered as an assessment to the property,
and the Township Solicitor shall file a lien against the property
to ensure payment as may be provided by law.
[Ord. 08-09, 3/13/2008]
The Shade Tree Commission shall have the power in appropriate
cases to permit deviations from strict compliance with this Part whenever,
due to special circumstances, literal enforcement of this Part would
be impossible, impractical, or not in the best interest of the Township.
