[Adopted 11-14-2017 by Ord. No. 2017-O-15; amended in its entirety 1-24-2023 by Ord. No. 2023-O-4]
Terms used in this article shall have the following meanings,
whether or not the terms are capitalized. Unless otherwise expressly
stated, terms not defined in this article shall construed consistent
with their common and ordinary meaning.
The area of any public street, road, highway or other publicly
held thoroughfare within the corporate limits of the Township that
has been designated by law as a public right-of-way.
A triangular-shaped portion of land established at street
intersections in which nothing is erected, placed, planted, or allowed
to grow in such a manner as to obstruct the sight distance of motorists
entering or leaving an intersection. The extents of sight triangles
shall be determined by using the most stringent requirements contained
in the Pennsylvania Vehicle Code, Warrington Township Subdivision
and Land Development Ordinance, or Warrington Township Zoning Ordinance,
as applicable.
Any tree, shrub or other woody plant, which is planted in
any right of way, or has at least half of trunk, branches or roots
extending into any right of way.
A.
The maintenance, care or removal of any tree, and required compliance
with any provision of this article shall be the responsibility of
the property owner on whose property the tree is located. The property
owner whose property fronts on a street having one or more street
trees within a right of way is responsible for the maintenance, care
or removal of street trees and shall remove such trees that are dead,
diseased or dangerous.
B.
No person, without first obtaining permission from the Township,
shall plant a street tree within any public right of way.
C.
All mature street trees shall be kept trimmed to a minimum branching
height of 10 feet where they overhang any public walk or public street.
However the Township may require greater height clearances to eliminate
traffic and other hazards. All trees standing on private property
and having branches projecting over a public walk or street shall
be kept trimmed by the owner of such private property so that the
lowest branches shall have a minimum height of 10 feet where they
overhang any public walk or public street. All street trees having
branches projecting over a public walk or street shall be kept trimmed
by the abutting property so that the lowest branches shall have a
minimum height of 10 feet where they overhang any public walk or public
street.
D.
Whenever, in the opinion of the Director of Code Enforcement, a health
or safety hazard is caused by a street tree or a tree on private property
that overhangs a public walk or street, the Director of Code Enforcement
may issue a written order to the responsible property owner to take
action to correct the condition within 10 days of the date of the
order. If after written notification, the responsible property owner
fails to take corrective action, the Director of Code Enforcement
shall have the required work accomplished to correct the health and
safety condition and shall bill the responsible property owner. Failure
of the responsible property owner to pay the bill shall result in
a lien upon the property which shall be filed and collected in the
same manner as municipal claims are filed and collected.
E.
Whenever, in the opinion of the Director of Code Enforcement, any
vegetation or object located on private property obstructs the sight
distance of motorists in the sight triangle, the Director of Code
Enforcement may issue a written order to the responsible property
owner to take action to correct the condition within 10 days of the
date of the order. If after written notification, the responsible
property owner fails to take corrective action, the Director of Code
Enforcement shall have the required work accomplished to correct the
health and safety condition and shall bill the responsible property
owner. Failure of the responsible property owner to pay the bill shall
result in a lien upon the property which shall be filed and collected
in the same manner as municipal claims are filed and collected.
A.
The Director of Code Enforcement may, upon concluding that a street
tree or a tree located on private property is diseased and dying,
or damaged beyond recovery of health or poses a threat to property
or safety, order the responsible property owner to remove the tree.
The responsible property owner shall have 10 days from the date of
the order to take action. If after written notice, the responsible
property owner fails to take corrective action, the Director of Code
Enforcement shall have the tree removed and shall bill the responsible
property owner. Failure of the responsible property owner to pay the
bill shall result in a lien upon the property which shall be filed
and collected in the same manner as municipal claims are filed and
collected.
B.
In an emergency where a tree poses an immediate threat to health,
property or safety, the Director of Code Enforcement may order the
immediate removal of a tree. Prior to the removal of the tree, the
Director of Code Enforcement, shall document how the tree poses an
immediate threat to health and safety. Prior to removal, the Director
of Code Enforcement shall make a good faith effort to notify the responsible
property owner and to provide a reasonable opportunity under the circumstance
to effect removal. After removal of a tree, the Director of Code Enforcement
shall bill the responsible property owner for the cost of removal.
Failure of the responsible property owner to pay the bill shall result
in a lien upon the property which shall be filed and collected in
the same manner as municipal claims are filed and collected.
Any person, firm or corporation who shall violate any provision
of this article shall upon conviction thereof, be guilty of a summary
offense, and may be sentenced to pay a fine of not more than $600
and costs; and/or undergo imprisonment not to exceed 90 days. Every
day that a violation of this article continues shall constitute a
separate offense.
