[HISTORY: Adopted by the Township Council of the Township
of Washington as indicated in article histories. Amendments noted
where applicable.]
[Adopted 3-17-2020 by Ord. No. 1-20]
As used in this article, the following terms shall have the
meanings indicated:
Any Township property outside of the paved road or cartway
which the Township maintains from time to time and uses for other
purposes, such as drainage swails, ditches, utility easements, etc.
Any Township cartway, highway, or roadway, whether paved,
stone, dirt, or gravel, which is maintained and has been dedicated
to or is owned by Washington Township.
Any planting where the trunk is more than six inches in diameter.
"Tree" shall also include dead or dying plantings, remains of trunks
from previously removed trees, etc.
A.Â
All trees in Washington Township shall be kept trimmed so that the
minimum clearance where they overhang or project into any public road
shall be 14 feet. However, the Township is hereby given the right
to designate a higher clearance on certain highways where heavy traffic
or other conditions make it expedient.
B.Â
All trees, plants, or shrubs standing on private property and having
branches projecting into a public road or right-of-way shall be kept
trimmed by the owner of such private property so that no portion thereof
shall extend into or over a road below the minimum clearance specified
above, or such other clearances as may be specified by the Township.
C.Â
The Township shall be permitted to notify a property owner to remove
trees which are diseased, dead, or rotting and have been deemed, in
the judgment of Washington Township Council, to be unreasonably affecting
the health, safety, or welfare of those on public roads.
D.Â
If, within 30 days after the date of notice by certified mail, return
receipt requested, to trim and/or remove the tree(s), the property
owner has not complied with the order, Washington Township may enter
the premises and remove the tree(s).
In case the owner of such property shall neglect or refuse to
trim or remove such trees, plants, or shrubs upon being notified,
in writing, by the Township to do so, the Township may, after expiration
of the date specified in said notice, cause such trimming and/or removal
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.
If a court of competent jurisdiction declares any provision
of this article to be invalid, in whole or in part, the effect of
such decision shall be limited to those provisions expressly stated
in the decision to be invalid, and all other provisions of this article
shall continue to be separately and fully effective.
As of the effective date of this article, all prior ordinances
or parts thereof inconsistent herewith are hereby repealed.
This article shall be effective five days after the date of
passage.
