[HISTORY: Adopted by the Board of Supervisors of the Township
of Lower Paxton 2-21-2006 by Ord.
No. 06-03. Amendments noted where applicable.]
The purpose of this chapter is to establish a desirable amount
of tree cover on public lands within the Township; maintain Township
trees in a healthy and nonhazardous condition through good arboricultural
practices; establish and maintain appropriate diversity in tree species
and age classes to provide a stable and sustainable suburban forest;
promote conservation of tree resources; and select, situate and maintain
street trees appropriately to minimize hazard, nuisance, hardscape
damage and maintenance costs.
As used in this chapter, the following terms shall have the
meanings indicated:
The diameter of a tree, measured at a point six inches above
the ground line if the resulting measurement is no more than four
inches. If the resulting measurement is more than four inches, the
measurement is made at a point 12 inches above the ground line.
That portion of a street or alley which is improved, designated
or intended for vehicular use.
The sum total of all the living branches of a tree.
Diameter breast height. Measurement made at 4 1/2 feet
above the ground line.
The sidewalks, gutters and street surfacing materials that
cover the soil surface, including but not limited to concrete, brick,
stone pavers, asphalt, or other impervious pavements.
Any dead, diseased, broken or mutilated trees, branches or
parts of trees which are in a state of decomposition and pose a threat
to public safety.
Designated as those attaining a height of 45 feet or more
at maturity.
An area of clear visibility within and defined by forming
an imaginary triangle shaped by seventy-five-foot-long lines measured
from the midpoint of the intersection of the streets and along the
centerline of each crossing street.
Designated as those attaining a height of 30 feet to 45 feet
at maturity.
Any individual, firm, partnership, association, corporation,
company or organization of any kind.
The owner of record of a parcel of property.
The area that has been secured or reserved by the Township
for streets, roads, or other roadway related purposes.
Any planted tree located within the right-of-way of the public
streets and highways of the Township. "Shade tree" does not include
vegetation growing naturally within the Township right-of-way.
The body that has jurisdiction over all shade trees.
Designated as those attaining a height of 15 feet to 30 feet
at maturity.
The entire width of every municipal way or right-of-way when
any part thereof is open to the use of the public, as a matter of
right, for purposes of vehicular and pedestrian traffic.
The Township of Lower Paxton.
A large perennial plant with one main trunk, one or many
stems, and many branches.
That part of the street or highway right-of-way adjacent
to developed property, not covered by sidewalk or other paving, lying
between the sidewalk and that portion of the street or highway used
for vehicular traffic.
A.
There is hereby created a commission to be known and designated as
the "Shade Tree Commission." The Commission shall consist of five
members, all of whom shall be residents of the Township. All will
serve without compensation.
B.
Members shall serve for a term of five years, one term to expire
each year. On expiration of any term of a Commissioner, a successor
shall be appointed by the Board of Supervisors to serve for a term
of five years. Vacancies in the office of Commissioner shall be filled
by the Board of Supervisors for the unexpired term.
A.
The Shade Tree Commission shall have sole custody and control of
the shade trees in the Township and may authorize the abutting property
owner to plant, remove, maintain and protect shade trees on the public
streets within the municipality.
B.
The duties of the Commission shall be as follows:
(1)
To study the problems and determine the needs of the Township regarding
shade trees on the public streets, including the notification to property
owners of any removals or maintenance needs as a result of an inspection
of a shade tree.
(2)
To recommend to the Board of Supervisors the type and size of trees
to be planted upon the Township streets or parts thereof as designated.
(3)
To assist the Board of Supervisors and Township officials in the
dissemination of news and information regarding the selection, planting
and maintenance of trees upon the streets and to make such recommendations
from time to time to the Board of Supervisors as to desirable legislation
concerning the shade tree program and activities for the Township.
(4)
To conduct regular and special meetings at which the subject of shade
trees may be discussed by the members of the Commission, officers
and personnel of the Township and all others interested in the shade
tree program.
(5)
To annually report in full to the Board of Supervisors the transactions
and expenses of the Commission for the previous fiscal year.
(6)
To authorize entities other than the abutting property owner to plant,
remove, maintain and protect shade trees in the public streets within
the municipality.
(7)
To perform a periodic inspection of the condition of shade trees
within the Township right-of-way.
(8)
To perform timber sale inspections for the Township zoning office.
C.
The Commission shall provide for the adoption of rules and procedures
and for the holding of regular and special meetings as said Commission
shall deem advisable and necessary in order to perform the duties
set forth. The first meeting of each calendar year the Commission
shall conduct a reorganization meeting where the Commissioners will
elect a Chairperson and Vice Chairperson.
No person shall plant, cut, trim or remove any shade tree or
parts thereof under the jurisdiction of the Township or fasten any
sign, wire, rope or other material to, around or through any shade
tree without written approval from the Shade Tree Commission. No electrical
installations shall be attached to any shade tree nor shall excavating
of trenches or tunnels be dug within 20 feet of any shade tree without
first obtaining written permission from the Township.
A.
It is the duty and responsibility of the property owner or occupier
of property abutting streets and highways in the Township to properly
maintain any tree or trees in the tree lawn adjoining the property.
This includes maintenance of trees and other vegetation in a manner
so as not to create a safety or liability problem for motorists, pedestrian
traffic or other activities within the right-of-way. The Township
may require that the cost of tree planting, transplanting, trimming
and removal of street trees in the tree lawns be paid by the owner
of the real estate abutting the street where the work is to be done.
In areas where tree lawns exist, the setback for tree planting shall
be at a point halfway between the curb and sidewalk. However, no tree(s)
shall be planted in a tree lawn within the line of sight.
B.
In rural or undeveloped areas where sidewalks and curb are not present, the right-of-way may vary in width but does exist. The abutting property owner shall be responsible for trees and other vegetation growing in the area between the edge of the cartway and the right-of-way line in such rural or undeveloped areas. Trees in these areas shall be pruned to conform with §§ 162-8 and 162-9. Where no curbing exists, the setback for tree planting shall be eight feet from the edge of the cartway. However, no tree(s) shall be planted within the line of sight.
C.
All trees and other vegetation within the Township right-of-way must
be pruned or trimmed in a manner to allow for full visibility of street
signage and the minimum required line of sight.
The Shade Tree Commission may, upon 30 days' written notice,
require an abutting property owner to have cut and remove tree(s)
within the right-of-way afflicted with any disease or infested with
any insect that threatens to injure or destroy shade trees in the
Township. Upon failure of any such owner to comply with such notice,
the Township may undertake the work to be done and collect the costs
thereof from the owner of the abutting property. Removal by the property
owner of nondiseased trees or those not infested by insects shall
not be permitted within the right-of-way unless, in the judgment of
the Shade Tree Commission, one or more of the following criteria exist:
A.
A tree will sustain substantial damage due to the installation or
repair of underground utilities where no other alternative, such as
tunneling, sleeving or relocation, exists.
B.
A tree is causing traffic safety problems and pruning or other less
invasive techniques would not eliminate the problems.
C.
A tree has caused substantial sidewalk and/or curb damage and repair
or replacement of the sidewalk and/or curb would inflict serious root
damage to the tree.
D.
The maintenance of overhead utilities would require that a tree be
severely pruned resulting in the removal of 2/3 or more of the crown
thereby causing irreparable damage to the tree.
All trimming and pruning of shade trees shall be done in a manner
to ensure natural growth of such tree and a natural appearance, in
accordance with national pruning standards. Pollarding or topping
of trees (removal of 2/3 or more of the crown) is specifically prohibited.
All branches of shade trees shall be kept trimmed in a manner
to maintain a minimum height of 12 feet where they overhang a street
and eight feet where they overhang a sidewalk. All shade trees standing
on private property and having branches overhanging sidewalks or streets
shall also be kept pruned by the owner so the lowest branches are
in compliance with this section. In the event that the property owner
neglects or refuses to maintain trees at the prescribed level within
the time specified as notified in writing, the Township may perform
such work at owner's expense, in the same manner as otherwise
specified in this chapter.
In the event that a shade tree or its parts are felled by storm
or other accident, the fallen tree and/or its felled parts shall be
removed from the cartway of the street by the Township without charge.
Property owners shall be responsible for any other removal or cleanup
outside of the cartway of the fallen tree and/or its felled parts.
In the event that a shade tree is damaged, the Township may
charge for repairs or replacement or make a charge for the appraised
value of the tree against the person responsible for the damage of
said tree.
After removal of a tree, the remaining stump shall be removed
by the abutting property owner to a point not less than six inches
below the grade of the surrounding area. If a replacement tree is
to be planted at the same location, the stump will be removed to accommodate
the replacement tree.
The property owner shall trim or cause to be trimmed any tree
branches so that they do not obstruct light from streetlights. In
the event that said work is performed by the Township, the abutting
property owner may be responsible for the expense as otherwise specified
in this chapter.
Where hazardous shade trees or dead branches overhang the right-of-way
of a street or otherwise exist within the right-of-way, the Shade
Tree Commission may require the abutting property owner to cause them
to be removed at their expense so as to maintain public safety within
the right-of-way. In the event of an emergency or imminent hazardous
situation, the Shade Tree Commission may require that the tree(s)
be removed within 24 hours or less.
As a condition to any request to remove any shade tree, the
Shade Tree Commission may require that the property owner, at their
own expense, plant another tree in place of the one removed and, in
such case, direct the type, size and location of the tree to be planted
and the season within which the work shall be done. A replacement
tree shall be planted within six months of removal of the previous
tree and the Shade Tree Commission should be notified when the work
is completed so the file may be closed.
Spacing between newly planted shade trees shall not be less than 25 feet nor more than 40 feet and may vary with species of tree(s) being planted. In addition to the restrictions established under § 162-6 of this chapter, no shade tree shall be planted less than 15 feet from a fire hydrant, or light standard.
Tree replacement size shall be measured at a point six inches
above planting level. All trees shall be of 1/2 inch to two inches
in caliper at this point and shall have no branches below a height
of five feet measured from ground level.
All trees planted under overhead utilities shall be a species
which will not obstruct or have the potential to grow into or come
into contact with the wires. They shall be small trees or medium trees
according to utility height and shall be specified by the Shade Tree
Commission.
The Commission may in some cases require root control devises
or material to minimize the effect of root growth on sidewalks, curbs
or underground utilities. The need and type of control shall be prescribed
by the Commission where necessary.
No person shall break, injure, mutilate, kill or destroy any
shade tree or set fire to or permit fire to burn any shade tree. No
person shall allow any toxic chemical, liquid or solid, to empty,
drain, or seep onto shade trees or their root systems. No person shall
permit any gas pipe or main to leak into the root zone of said tree.
All tree maintenance contractors who trim, remove or otherwise
maintain trees located within the Township right-of-way shall possess
general liability insurance coverage with a policy limit of not less
than $500,000 for each occurrence.
The Shade Tree Commission shall have the power in appropriate
cases to permit deviations from strict compliance with this chapter
whenever, due to special circumstances, literal enforcement of this
chapter would be impossible, impractical, or not in the best interest
of the Township or the trees.
Payment of costs for work done by the Township shall be due
and payable 30 days after proper invoice by the Township to the property
owner. If the property owner does not make payment within 30 days,
said costs shall be considered as an assessment to the property and
the Township Solicitor shall file a lien against the property to ensure
payment as may be provided by law.
The planting of any species of tree within Township right-of-way
other than those approved by the Shade Tree Commission is prohibited.
A list of approved trees shall be maintained by the Commission and
made available to the public through the Township Office. Any person
desiring to plant a tree(s) species that does not appear on the list,
within the Township right-of-way, shall make application to the Shade
Tree Commission for approval of the desired species.
The Township, at its sole discretion, shall have the authority
to plant, trim, remove or otherwise maintain any shade trees at its
expense or the expense of the affected property owner.
Any person or persons, firm or corporation who or which violate
any of the provisions of this chapter shall, upon conviction, be sentenced
to pay a fine of not less than $50 nor more than $600, plus the costs
of prosecution. Each day during which the violation occurs or persists
shall constitute a separate offense.
