This chapter is enacted to enhance the quality of life and the
present and future health, safety, and welfare of all residents, to
enhance property values, and to ensure proper planting and care of
trees on public property. The West Goshen Board of Supervisors herein
delegates the authority and responsibility for managing public trees,
establishes practices governing the planting and care of trees on
public property, and makes provision for the emergency removal of
trees on private property under certain conditions.
The following words shall be construed throughout this chapter
to have the meanings indicated below.
STREET TREES
Trees located within the Township right-of-way in West Goshen
Township.
TOWNSHIP TREES
Trees located in any park, trail, open space or any other
property owned by West Goshen Township.
In support of the responsibilities conferred upon it by the
Board of Supervisors in Ordinance No. 3-2020, adopted on August 18,
2020, the West Goshen Township Sustainability Advisory Committee
(SAC) shall study, investigate, counsel and develop and/or update
annually, and administer a written plan for the care, preservation,
pruning, planting, removal or disposition of street trees and Township
trees. Such plan will be reviewed and presented annually to the Board
of Supervisors and upon their acceptance and approval shall constitute
the official comprehensive tree plan for West Goshen Township. The
SAC shall also adopt a list of acceptable trees that may be planted
as Township trees.
The tree species listed in the list of acceptable Township trees,
as adopted and amended from time to time by the SAC, shall be the
only tree species permitted to be planted as Township trees.
No street tree shall obstruct the clear sight triangle required by §
72-27 of the Township's Subdivision and Land Development Ordinance. No street tree shall be planted closer than 10 feet to
any fire hydrant.
No street tree may be planted under or within 10 lateral feet
of any overhead utility wire or over or within five lateral feet of
any underground waterline, sewer line, transmission line, or other
utility.
It shall be unlawful for any person, firm or Township department
to top any street tree or Township tree. "Topping" is defined as the
severe cutting back of limbs to stubs within the tree's crown
to such a degree as to remove the normal canopy and disfigure the
tree. Trees severely damaged by storms or other causes, or certain
trees under utility wires or other obstructions where other pruning
practices are impractical, or where the topping is done for purposes
of fruit or nut production, may be exempted from this provision in
the reasonable discretion of the SAC.
Any person who violates or permits the violation of any provision
of this chapter shall, upon conviction thereof in a summary proceeding
brought before a District Justice under the Pennsylvania Rules of
Criminal Procedure, be guilty of a summary offense and shall be subject
to the payment of a fine of not less than $100 and not more than $1,000,
plus the costs of prosecution. In default of payment thereof, the
defendant may be sentenced to imprisonment in the county prison for
a term of not more than 30 days. Each section or provision of this
chapter that is violated shall constitute a separate offense, and
each day or portion thereof in which a violation of this chapter is
found to exist shall constitute a separate offense, each of which
violations shall be punishable by a separate fine imposed by the District
Justice of not less than $100 and not more than $1,000, plus the costs
of prosecution, or upon default of payment thereof, the defendant
may be sentenced to imprisonment in the county prison for a term of
not more than 30 days. All fines and penalties collected for the violation
of this chapter shall be paid to the Township Treasurer.
The Township Code Enforcement Department, Director of Public
Works or other employee of the Township designated by the Board of
Supervisors shall have the right to investigate violations or to initiate
an enforcement action.