[HISTORY: Adopted by the Board of Supervisors of the Township
of West Goshen 12-21-2021 by Ord. No. 15-2021. Amendments noted
where applicable.]
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.
Trees located within the Township right-of-way in West Goshen
Township.
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,[1] 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 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.
A.
Removal of diseased or dangerous street trees. Section 81-3 of the Township Code sets forth the requirements for removal of diseased or dangerous trees from public streets and public rights-of-way.
B.
Private property owners are responsible for maintenance of street
trees located on their private property. The SAC may provide guidance
and recommendations for appropriate techniques to maintain these street
trees.
C.
The Township shall have the right to plant, prune, maintain and remove
all Township trees as may be necessary to ensure public safety or
to preserve or enhance the ecological function and beauty of such
public land.
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.
A.
It shall be unlawful for any person or firm to engage in the business
or occupation of pruning, treating or removing street trees or Township
trees within the Township without first applying for and procuring
an annual arborist permit; provided, however, that no permit shall
be required for agents and employees of any public utility company
or the Township who are performing work on trees as part of their
scope of employment. The Board of Supervisors may establish a permit
fee for such permit. Before any permit shall be issued, each applicant
shall obtain and file with the Township a certificate of insurance
evidencing possession of general liability insurance in the minimum
amounts of $50,000 for bodily injury and $100,000 for property damage.
The applicant shall also sign an agreement indemnifying the Township
or any person injured or damaged resulting from pruning, treating
or removing street trees or Township trees.
B.
Property owners who perform their own work on their own property
are exempt from the requirement to obtain a permit.
C.
Volunteers who perform work on Township trees that is approved by
the SAC are not required to obtain an annual arborist permit to do
so.
A.
The Township shall have exclusive custody and control of Township
trees and street trees that are located within the area where the
Township owns the right-of-way in fee of any Township street.
B.
Except in cases of emergency work necessary for protection of life
or property, it shall be a violation of this chapter for any person,
without first obtaining Township approval, to do any of the following:
(1)
Cut, break, climb with spurs, injure in any manner or remove any
street tree or Township tree.
(2)
Cut down any street tree or Township tree or interfere in any manner
with the main roots of any such tree.
(3)
Place any rope, guy wire, cable, sign, poster or other fixture on
a street tree or Township tree.
(4)
Injure, misuse or remove any device placed to protect street trees
or Township trees.
(5)
Place or install any stone, cement or other object or substance which
shall impede the passage of water and air to the roots of any street
tree or Township tree.
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.
