Township of Patton, PA
Centre County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Patton 9-13-1965 by Ord. No. 39; amended in its entirety 11-13-2019 by Ord. No. 2019-603. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 58.
In order to preserve the beauty of Patton Township and to protect property owners' single plantings or stands of trees from diseased trees, it is necessary that best management practices be required to reduce the spread of Dutch Elm Disease and Oak Wilt.
A. 
Dutch Elm Disease. To reduce the spread of Dutch Elm Disease within existing American elms (Ulmus Americana) and other species of this genus, it is necessary to reduce the breeding sites for the two beetles (Scolytus multistriatus marshan and Hylurgopinus rufipes eichoff) that transport the pathogen which causes Dutch Elm Disease, i.e., Ceratostomella ulmi buisman. The major breeding sites for these beetles are dead and dying elm trees and logs and debris from cut elm trees.
B. 
Oak Wilt. To reduce the spread of the fungal pathogen (Ceratocystis fagacearum) that causes Oak Wilt, it is necessary to reduce the vectors for transmission by removing infected oak trees (Quercus spp.) and by disrupting root grafts that will transmit the fungus from infected oak trees to uninfected oak trees. Infected trees provide sites that produce spores for the fungus that may be carried to uninfected oak trees by insects. In addition, it is necessary to regulate the pruning and spiking of any oak trees which would provide sites that may be easily infected by insects. Oak species commonly killed by Oak Wilt in the northern United States include Black Oak (Q. velutina), Bur Oak (Q. macrocarpa), Northern Pin Oak (Q. ellipsoidalis), Northern Red Oak (Q. rubra), Chestnut Oak (Q. montana), and White Oak (Q. alba).
A. 
It shall be the duty of every property owner in the Patton Township to remove, treat and dispose of or destroy the following trees from their property in accordance with the best practices recommended by the Pennsylvania State University, their Extension Service, or the United States Department of Agriculture.
(1) 
Dead and dying elm trees.
(2) 
Oak trees that have Oak Wilt.
B. 
It shall be the duty of every property owner; and every arborist, landscaper, utility company, contractor or other vendor providing tree care services; in the Patton Township to follow these best practices in limiting the spread of Oak Wilt by:
(1) 
Not pruning, nor allowing or permitting others to prune, oak trees between April 1 and October 31 without sealing the pruning cuts with a commercial tree paint or wound dressing.
(2) 
Not climbing, nor allowing or permitting others to climb, with boot spurs or spikes, or the like, any oak tree unless the tree is being entirely removed.
The Township may or, if a resident of Patton Township provides a report in writing, shall investigate cases of failure to remove a tree or trees suspected of being infected by a pathogen specified in § 163-1. If it appears that the tree or trees are infected by a pathogen specified in § 163-1, or otherwise appear to be dying from a pathogen specified in § 163-1 or has tested positive for a pathogen specified in § 163-1, the Township shall instruct the property owner to remove, treat, and dispose of or destroy the infected tree or trees within 30 days. A property owner providing plant pathology test results, conducted in accordance with procedures recommended by the United States Department of Agriculture, showing the tree to be free from the suspected pathogen shall be relieved of the duty to remove the suspected tree.
A. 
If the owner fails to remove the tree or trees within the specified period of time, the Township shall employ a qualified person or company to collect sample(s) for testing, remove, treat, dispose of and/or destroy the tree or trees. For trees suspected of Oak Wilt infection the Township shall only proceed to remove, treat, dispose of and/or destroy the tree after testing of a sample confirms the presence of the fungal pathogen.
B. 
In such case, the Township shall forthwith, upon completion of the work, send an itemized bill of the cost of the removal and associated work to the owner of the property where the infected tree or trees were located, which bill shall be payable forthwith. In case of neglect or refusal by the owner of such property to pay said bill, the Township shall file a municipal lien within six months of the date of the completion of the removal and associated work, the same to be subject in all respects to the general law provided for the filing and recovery of municipal liens.
It shall be unlawful to transport elm logs through, to, or within Patton Township in an uncovered vehicle from May 1 to September 1 of each year.
Logs and debris from a tree or trees infected by a pathogen specified in § 163-1, shall only be stored, stockpiled, or used within Patton Township in accordance with the best practices recommended by the Pennsylvania State University, their Extension Service, or the United States Department of Agriculture (materials available upon request).
A. 
A person, firm, association or corporation having the duty to remove, treat and dispose of or destroy a tree or trees infected by a pathogen specified in this chapter shall, upon failure to do so within the specified time period after notice via certified mail, return receipt requested, has been given by the Township Manager, Zoning Officer, Township Engineer, Assistant Township Engineer, police officer or Code Enforcement Officer, be liable to the Township for costs to remove, treat and dispose of or destroy the tree or trees.
B. 
Also, a person, firm, association or corporation having the duty to remove, treat and dispose of or destroy a tree or trees infected by a pathogen specified in this chapter shall, upon failure to do so within the specified time period after notice via certified mail, return receipt requested, has been given by the Township Manager, Zoning Officer, Township Engineer, Assistant Township Engineer, police officer or Code Enforcement Officer, shall be found guilty of violating provisions of this chapter and shall be fined not less than $100 for the first offense and not less than $500 for any subsequent offenses in any 120-day period and, upon failure to pay such fine, shall be sentenced to jail for a term not to exceed 30 days for each offense.
C. 
A person, firm, association or corporation not following the best practices in limiting the spread of Oak Wilt by pruning an oak tree between April 1 and October 31 without sealing the pruning cuts or climbing any oak tree with boot spurs or spikes, or the like, unless the tree is being entirely removed, shall be found guilty of violating provisions of this chapter and shall be fined not less than $100 for the first offense, and not less than $500 for any subsequent offenses in any 120-day period and, upon failure to pay such fine, shall be sentenced to jail for a term not to exceed 30 days for each offense.