This chapter shall be referred to as the "Springfield Township Tree Ordinance".
[HISTORY: Adopted by the Board of Supervisors of the Township of Springfield 9-10-2018 by Ord. No. 2018-03. Amendments noted where applicable.]
Every owner of real property in the Township shall be required to keep limbs and branches of all trees upon such real property or along the roads, streets, sidewalks, curbs or alleys abutting such property trimmed so that no part thereof shall have a clearance of less than eight feet above any public sidewalk and 12 feet above the cartway of any public roadway, street or alley.
No tree shall be planted by a property owner in a road right-of-way or within five feet of any road right-of-way, provided, however, if a tree is planted to replace a street tree that was removed, such replacement tree may be located exactly where the tree was removed if the species/type of tree is one listed on Exhibit "A", which list may be amended by resolution.
The Board of Supervisors may require owners of property to trim and/or remove trees located on the property if the condition of the trees, through disease, growth 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, public property or public sidewalks.
If within 30 days after the date of notice to a property owner by certified mail, personal written notice, or notice posted conspicuously on the property, to trim and/or remove trees and the owner fails to trim or remove such trees, the Township may, by its personnel or contract with a third party, enter the premises and trim or remove the trees.
The cost of trimming, cutting and removal of trees by the Township shall be charged to the property owner. The charge shall include the cost to trim or remove trees, penalties, and costs for filing fees and reasonable attorney's fees. Such amounts may be recovered by a civil action and/or a lien against the real estate of the property owner to be collected in the same manner as other municipal liens.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates or permits a violation of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a Magisterial District Judge, pay a fine of not more than $600, plus all court costs, including reasonable attorneys' fees, incurred by the Township in the enforcement of this chapter. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.
It is hereby declared to be the legislative intent that if a court of competent jurisdiction declares any provision of this chapter to be invalid, the effect of such decision shall be limited to those provisions which are expressly stated in the decision to be invalid. In such case, all provisions of this chapter that were not declared invalid shall continue to be separately and fully effective. The Board of Supervisors hereby declares that it would have passed all other parts of this chapter without including any part declared invalid, if it had advance knowledge that such part would be declared invalid.
All Springfield Township ordinances or parts thereof that are inconsistent or incompatible herewith and cannot be read in any manner to be consistent with this chapter, are repealed to the extent of such inconsistency or incompatibility. This repealer clause shall only repeal Township ordinances or parts thereof that were adopted prior to this chapter and that are clearly in direct conflict with this chapter.
This chapter shall become effective five days after the adoption hereof.