[Ord. 2005-362, 12/15/2005]
For the purpose of this Part, the following terms, phrases and
words shall have the meanings given herein:
The entire width of every private way or right-of-way when
any part thereof is open to the public for the purposes of vehicular
and pedestrian traffic.
The entire width of every public way or right-of-way when
any part thereof is open to use by the public, as a matter of right,
for purposes of vehicular and pedestrian traffic.
Trees located within a public or private road right-of-way, typically spaced in a planting strip between the road cartway and sidewalk, in accordance with the Township Subdivision and Land Development Ordinance [Chapter 22] and not including those trees contained in landscaped median islands within roadways.
[Amended by Ord. 2012-432, 10/4/2012]
Any trimming, spraying, fertilizing, pruning or otherwise
caring for the health of a tree.
[Ord. 2005-362, 12/15/2005]
It shall be the responsibility of property owners abutting the
public and private streets in which street trees are located to care
for, maintain, plant, replace, prune and remove trees in accordance
with these provisions. Street tree maintenance responsibility can
be assigned to an association set up for maintenance of common elements
in a plan (i.e., homeowners' or property owners' association) if approved
by the Township at time of plan approval and included in the restrictive
covenants.
[Ord. 2005-362, 12/15/2005; as amended by Ord. 2012-432,
10/4/2012]
It shall be unlawful for any person, firm or corporation, without
written approval from Cranberry Township, to cut, break, or injure
any street tree, or cause, authorize, or procure any person to cut,
break, or injure any such tree or portion thereof, or to injure, misuse,
or remove or cause, authorize, or procure any person to injure, misuse,
or remove any device set for the protection of any street tree. This
provision shall not preclude any person, firm, association, or corporation,
desiring to cut, prune or spray any street tree for the purposes of
tree maintenance or the elimination of public safety hazards that
interfere with public travel.
[Ord. 2005-362, 12/15/2005]
1.
It shall be unlawful for any person, firm or corporation to remove
any street tree for any reason without permission of the Township.
2.
It shall be unlawful for any person, firm or corporation to allow
any substance to come into contact with the soil surrounding the roots
of any street tree in such a manner as may injure such tree.
3.
It shall be unlawful for any person, firm or corporation to allow
any substance or material to be applied or occur in a manner which
may obstruct the free access of air and water to the roots of any
street tree.
4.
It shall be unlawful for any person, firm or corporation to attach
or keep attached to any street tree any object that, in the judgment
of the Township, could harm or injure such tree (i.e., attaching signs
with nails, staples, or tacks; permanently attaching ropes, wires,
boards; etc.)
5.
It shall be unlawful for any person, firm or corporation to scar,
injure, or destroy any street tree in any manner.
[Ord. 2005-362, 12/15/2005; as amended by Ord. 2012-432,
10/4/2012]
All street trees shall be kept trimmed so that the minimum clearance
where they overhang any public walk shall be nine feet and the minimum
clearance where they overhang any public street or highway shall be
14 feet. However, the Township reserves the right to designate a higher
or lower clearance on certain roads or public walks, where traffic
or other conditions warrant.
[Ord. 2005-362, 12/15/2005]
The Township may provide notice to responsible parties for the
removal of all or a portion of a street tree which, in the determination
of the Township, is a danger to public health, safety and welfare
because of its general condition or the presence of disease or other
factors which may require removal. Responsible parties shall have
30 days for removal of such trees upon notice of the Township. A shorter
duration may be prescribed by the Township if determined necessary
because of potential of a hazardous condition.
[Ord. 2005-362, 12/15/2005; as amended by Ord. 2012-432,
10/4/2012]
No person, firm or corporation shall allow to exist on property
any tree which presents a threat to the public health, safety and
welfare because of its condition and potential to fall into a public
right-of-way and obstruct a public street or otherwise create an unsafe
condition for a public street. No person shall injure or in any manner
damage a tree to create a situation in which a tree presents a potential
threat to a public right-of-way.
[Ord. 2005-362, 12/15/2005]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a District Judge in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not more than $1,000 plus costs and,
in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this Part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense.
