[Ord. No. 391, 2/13/2019]
1.
It shall be the duty of the owner of real property to remove from
the property any tree, plant, shrub or other similar obstruction,
or part thereof, which by obstructing the view of any driver constitutes
a traffic hazard. When the Board of Supervisors, or its designated
agent determines on the basis of an engineering or traffic investigation
that a traffic hazard exists, it shall notify the owner and order
the hazard to be removed within 30 days.
2.
The failure of the owner to remove the traffic hazard within 30 days
after notice as set forth above, is a summary offense and every day
the owner fails to remove it shall be a separate and distinct offense.
[Ord. No. 391, 2/13/2019]
1.
In furtherance of the protection of the Township, its inhabitants,
and persons using the public rights-of-way of the Township, any owner
of property located outside of a Township right-of-way shall be responsible
for the immediate clearing and removal of any tree which falls for
any reason whatsoever, from such property into any of the public rights-of-way
of Plainfield Township.
A.
In the event that the Township is notified of a condition as described in § 21-502 and Township Officials determine that an emergency condition exists, the Township may proceed to immediately remove the tree(s) creating the condition to the extent determined necessary by the Township, in its sole discretion.
B.
In the event of Township action as described in Subsection 1A above,
the cost incurred by the Township shall be collected by the Township
Treasurer by the assessment of such costs against the responsible
property owner as provided by § 2907 of the Second Class
Township Code, including the filing of a municipal lien if necessary.
C.
In the absence of an emergency, the Township shall provide reasonable
notice of the dangerous condition to the property owner and give the
property owner the option of clearing the obstructed right-of-way.
[Ord. No. 391, 2/13/2019]
The Township shall not remove any tree or shrub growing within
the right-of-way of any Township road or street except those trees
and/or shrubs the Board of Supervisors (or its designee) finds to
constitute a hazardous or dangerous condition to the use of the street
or road or those which impair the use and maintenance of the public
road or street. However, no tree having a trunk diameter in excess
of six inches shall be removed without notice of the proposed removal
having first been given to the abutting property owner. The Township
Supervisors shall determine by resolution the form of notice to property
owners.
[Ord. No. 391, 2/13/2019]
The Township may clear out brush and other refuse along the
sides of the road to the legal width thereof. All clearing and removal
of brush and refuse shall be confined to growth that is within the
right-of-way and to the removal of branches that in any way interfere
with public travel.
[Ord. No. 391, 2/13/2019]
1.
The Board of Supervisors may require owners of property to cut and
remove trees located on the property if the condition of the trees,
through disease or otherwise, unreasonably affects or interferes with
the health, safety or welfare of the public or the right of the public
to the unobstructed use of public roads or property.
A.
If within 30 days after the date of notice by certified mail, return
receipt requested, to remove the trees, the property owner has not
complied with that notice, the Board of Supervisors may enter the
premises and remove the trees. The cost of cutting and removal of
tree by the Township shall be charged to the property owner. The charge
shall be a lien against the real estate of the property owner and
shall be collected in the same manner as other municipal liens.
[Ord. No. 391, 2/13/2019]
Any person who violates a provision of this Part commits a summary
offense. All fines shall be paid into the General Township Fund.
[Ord. No. 391, 2/13/2019]
Should any section, paragraph, clause, or phrase of this Part
be declared unconstitutional or invalid by a Court of competent jurisdiction,
the remainder of said Part shall not be affected thereby, and shall
remain in full force and effect.
[Ord. No. 391, 2/13/2019]
All ordinances or parts of ordinances or resolutions conflicting
with the provisions of this Part are hereby repealed to the extent
of such conflict.
[Ord. No. 391, 2/13/2019]
This Part shall become effective five days after enactment.
