[HISTORY: Adopted by the Board of Supervisors of the Township
of Middletown 2-8-1967 by Ord. No. 67-1 (Ch. 25, Part 1, of the
1992 Code). Amendments noted where applicable.]
[Amended 3-7-1978 by Ord. No. 78-1; 12-1-1992 by Ord. No. 92-13; 3-1-1994 by Ord. No. 94-02]
As used in this chapter, the following terms shall have the
meanings indicated:
A permit in writing as issued by the Director of Public Works.
Any natural person, partnership, association, firm or corporation.
Any right-of-way or easement accepted and dedicated to the
Township of Middletown or the State of Pennsylvania.
Any shade tree, shrub or other woody plant on any public
highway in the Township of Middletown or that part of any shade tree,
shrub or other woody plant which extends within the lines of any public
highway in said Township.
[Amended 3-7-1978 by Ord. No. 78-1; 12-1-1992 by Ord. No. 92-13; 3-1-1994 by Ord. No. 94-02]
A.
The application for any permit required hereunder shall be made
in writing to the Director of Public Works on forms furnished by the
Township and shall specify the particular kind of work or operation
the applicant desires to perform thereunder and shall state the exact
location and species of any tree or trees affected. The Director of
Public Works shall have the authority to approve or disapprove such
applications. The permit shall be effective for such length of time
as the Director of Public Works shall, in each case, determine, which
shall be indicated on the permit, and such permit may be revoked at
any time at the direction of the Director upon proof satisfactory
to the Director that the terms and conditions upon which the permit
has been issued are or have been violated. The Director may, in his/her
discretion, as a condition precedent to the issuance of the permit,
require the applicant to file a bond satisfactory to him/her to guarantee
the compliance by the applicant with the terms and conditions upon
which the permit is issued.
B.
It shall be unlawful for any person, without first obtaining
a permit as established from time to time by resolution of the Board
of Supervisors, to cut, prune, break, climb with spurs, injure in
any manner or remove any shade tree; to cut down or interfere in any
way with the main roots of any shade tree; to spray with any chemicals
or insecticides injurious to any tree; to place any rope, guy wire,
cable, signs, posters or other fixtures on a tree or tree guard; or
to injure, misuse or remove any device placed to protect shade trees,
except in case of immediate necessity for protection of life or property.
C.
No shade tree shall be planted on any public highway, street
or road in Middletown Township until a permit is granted therefor,
such permit to designate the place where such tree is to be planted.
The Director may refuse a permit to plant any species of tree which,
in his/her opinion, is not suited to the location.[1]
[1]
Editor's Note: Original Subsection 4 of this section
of the 2009 Code, which immediately followed this subsection, was
repealed 3-1-1994 by Ord. No. 94-02.
D.
All shade trees shall be kept trimmed so that the minimum height
where they overhang any public road shall be nine feet; seven feet
above any public walk. However, the Township reserves the right to
designate a higher clearance on certain highways, where heavy traffic
or conditions make it expedient. All trees standing on private property
and having branches projecting over a public highway shall be kept
trimmed by the owner of such private property so that the lowest branches
shall have a minimum height of 14 feet or to such other height as
may be specified by the Township. In case the owner of such property
shall neglect or refuse to trim such trees upon being notified in
writing by the Township to do so and within the time specified by
such notice, the Township may, after the expiration of the date specified
in said notice, cause such trimming to be done at the expense of the
owner, and the entire cost thereof shall be a lien upon said premises
and shall be filed and collected by the Township in the same manner
as municipal claims are filed and collected.
E.
No person shall, without first obtaining a permit, place or
hereafter maintain any stone, cement or other substance which shall
impede the passage of water and air to the roots of any shade tree
unless such person shall leave an open space of ground surrounding
the trunk of the tree, such space to be not less than four feet square.
F.
In connection with any building operation or the performance
of any work whatsoever in the Township in the vicinity of any shade
trees, before any such work shall be commenced guards or protective
barriers shall be placed at all shade trees which may be affected
by such work so as to effectually prevent injury to them.
G.
No person shall pour salt water, oil or other materials at any
place in such a manner that injury may result to any shade tree.
H.
No person shall, without first obtaining a permit therefor,
attach any electric wire, insulator or any device for the holding
of an electric wire to any shade tree.
I.
Every person having any wire or wires charged with electricity
running through a public highway shall securely fasten such wire or
wires so they shall not come in contact with any tree so as to injure
the same.
J.
Whenever in order to take down or prune any shade tree in the
public highway or having branches extending over the public highway
it shall be deemed necessary to remove any wire or wires, every person
having any such wire or wires running through a public highway shall
temporarily remove the same or cut off the flow of current therefrom
within 24 hours after service of written notice from the Township
so to do.
K.
Regulations governing shade trees shall be enforced by a tree
warden to be appointed by the said Board of Supervisors. The tree
warden shall be the Director of Public Works.
L.
Any person who shall violate or fail to comply with any of the
regulations of this chapter shall, upon conviction thereof, be sentenced
to pay a fine not exceeding $600 and costs and, in default of payment
thereof, shall be subject to imprisonment for a term not to exceed
30 days. Each day that a violation of this chapter continues shall
constitute a separate offense. Such fines or penalties shall be collected
as prescribed by law.[2]
[2]
Editor's Note: Original Subsection 14 of this section
of the 2009 Code, which immediately followed this subsection, was
repealed 3-1-1994 by Ord. No. 94-02.
M.
All shade trees must be of a two-and-one-half-inch caliper six
feet above ground line with thirty-foot centers except where the Arbor
Commission designates otherwise. Varieties should consist of a type
hardy to the area. Prior to the approval of said tree and shrub planting
plans, the builder or owner shall submit a total cost figure for said
plantings. Upon approval, the Township shall designate the amount
of monies that must be placed in escrow to cover the total cost of
plantings (trees and shrubs). Upon completion and approval of the
Township Engineer of said plantings, 15% of the escrow account shall
be held for a period of 18 months to guarantee that all plantings
are alive and growing.
N.
It shall also be stated that the owners of said shade trees
shall maintain all trees and shrubs in perpetuity.
O.
The Township shall have the authority to direct the owner of
said shade trees to institute replacement of any trees or shrubs that
may have died or may be dying from whatever cause. Failure to comply
with said directive within six months would render owner or parties
responsible liable to a fine of $500 a day for each and every violation.
[Amended 3-1-1994 by Ord. No. 94-02]
The Director of Public Works may, upon five days' prior
written notice by certified mail to owners of property or by written
notice posted in a conspicuous place on said property, require the
owner to cut and remove trees afflicted with Dutch elm or other disease
which threatens or appears to the Director of Public Works to threaten
to injure or destroy shade trees in the Township, under regulations
prescribed by ordinance. Upon failure of any owner to comply with
such notice and/or requirements, the Township may cause the work to
be done by the Township and levy and collect the costs thereof from
the owner of the property. The cost of such work shall be a lien upon
the premises from the time of the commencement of the work, which
date shall be fixed by the Director of Public Works and shall be filed
with the Township Secretary. Any such lien may be collected by action
in assumpsit or by lien filed in the manner provided by law for the
filing and collection of municipal claims.
A.
Upon the filing of a certificate of lien and assessment with
the Township Supervisors, the Township Secretary shall cause 30 days'
written notice to be given to the persons against whose property an
assessment has been made. The notice shall state the amount of the
assessment and the time and place of payment and shall be accompanied
by a copy of the certificate.
B.
The amount assessed against the real estate shall be a lien
from the time of the filing of the certificate with the Township Supervisors,
and if not paid within the time designated in the notice, a claim
may be filed and collected by the Township in the same manner as municipal
claims are filed and collected.[1]
[1]
Editor's Note: Original § 105 of this chapter
of the 2009 Code, amended 12-1-1992 by Ord. No. 92-13, which immediately
followed this section, was repealed 3-1-1994 by Ord. No. 94-02.
[Amended 12-1-1992 by Ord. No. 92-13; 3-1-1994 by Ord. No. 94-02]
The penalties or assessments imposed under this chapter shall
be paid to the Township Treasurer.
