[Adopted 2-25-2015 by Ord. No. 317 as Ch. 38, Art. III, of the 2015 Pittsfield
Charter Township Code]
The provisions of this article shall apply to the removal of
trees and other vegetation by public or private utilities, electric
transmission companies, and telecommunication companies in, upon,
or adjacent to easements and rights-of-way in the Township, including
removal for purposes of vegetation management in, under and adjacent
to high voltage electricity transmission facilities, electricity distribution
facilities, and other public or private utility facilities.
A.
Purpose. It is the purpose of this article to provide for and promote
and protect the public health, safety, and general welfare of the
community, and a safe, wholesome, serviceable, and aesthetically attractive
municipality, by providing for the regulation of the removal of trees
in, upon, or adjacent to easements and rights-of-way within the Township.
B.
Intent. It is the intent of the Township Board of Trustees that the
terms of this article shall be construed to promote the protection
of community residents from personal injury and property damage, and
the protection of the Township from property damage caused or threatened
by the improper or incomplete removal of trees or other vegetation
located in, upon, or adjacent to easements and rights-of-way within
the Township, and to protect the community aesthetics, as a matters
of local concern within the Township.
A.
All public
or private utilities, electric transmission companies, and telecommunication
companies ("actors") engaged in the removal of any tree or other vegetation
in, upon or directly adjacent to any easement or right-of-way, including
without limitation any contractor, subcontractor or employee engaged
in said removal in accordance with any vegetation management plan
provided for or adopted under any federal or state regulation, shall
provide, at the sole expense of the actor, all labor and materials
necessary to:
(1)
Grind
all stumps to no less than six inches below the ground level;
(2)
Grade
the area impacted by the removal consistent with the immediately surrounding
grade; and
(3)
Place
sod, grass seed, or other satisfactory ground cover visually consistent
with the immediately surrounding area and appropriate to the season
of the year.
B.
In instances
where the tree, vegetation, or stump has heaved surrounding ground
area, said actor shall level the area consistent with the immediately
surrounding grade.
C.
All debris,
including all tree or stump parts, all stump shavings, and all sawdust
or wood chips, shall be removed and carted away by and at the expense
of said actor.
D.
Said actor
shall be responsible for avoiding any underground utilities surrounding
the location of stumps and roots of trees or other vegetation being
removed.
A.
Any person who violates the provisions of this article shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished in accordance with § 2-41 of this Code. Each and every violation of this article is a separate offense, and each and every day that any violation of this article continues is a separate offense.
B.
The penalties provided by this section shall be owing in addition
to any damages, costs or attorney fees which may be found owing to
the Township or any other person in any civil litigation related to
any nuisance arising out of a violation of this article.
The Township hereby authorizes the Township Supervisor, in coordination
with the Building Official, to adopt such reasonable rules and regulations
as may be necessary to carry out the purpose and intent of this article.
