[HISTORY: Adopted by the Board of Supervisors of the Township of East Goshen 9-17-1996 by Ord. No. 114. Amendments noted where applicable.]
A. 
Word usage. The singular number includes the plural, and the masculine gender includes the feminine.
B. 
Terms defined. Unless expressly stated otherwise, the following words and phrases shall be construed throughout this chapter to have the meanings indicated in this section:
APPLICANT
The person who makes the application for the permit and who is responsible for the work.
BASAL TRUNK ELEVATION
Grade elevation in the area around a tree which is in close proximity to the tree's base.
BOARD
The Board of Supervisors of the Township of East Goshen.
CALIPER
For trees which are a minimum of 12 feet in height, the diameter of a tree trunk measured at a point 4 1/2 feet from the ground surface. For trees that are less than 12 feet in height, the diameter of a tree trunk measured at a point one foot from the ground surface.
[Amended 3-18-2003 by Ord. No. 129-D-03; 7-12-2011 by Ord. No. 129-G-11]
DRIPLINE
The line marking where the outer edges of a tree's branches overhang the ground.
EMERGENCY WORK
Any work performed for the purpose of preventing or mitigating physical or property damage threatened or caused by an emergency.
HISTORIC TREE
Any tree over 100 years old identified by a licensed arborist.
[Amended 7-12-2011 by Ord. No. 129-G-11]
PERSON
Any individual, firm, association, partnership or corporation.
SPECIMEN TREE
A tree that is unique in either size, beauty, location, species or condition as determined by a licensed arborist.
TREE
Any woody perennial plant usually having one or more main stems or trunks and more or less definitely formed crowns and growing to a height of 15 feet or more at maturity.
TREE PROTECTION ZONE (TPZ)
An area that is radial to the trunk of a tree in which no construction activity, movement of vehicles, placement of fill or other land disturbance activities shall occur. The tree protection zone shall be 25 feet from the trunk of the tree to be retained or the distance from the trunk to the dripline, whichever is greater. Where there is a group of trees or woodlands, the tree protection zone shall be the aggregate of the protection zones for the individual trees.
[Amended 7-12-2011 by Ord. No. 129-G-11]
TREE REMOVAL
The cutting down of a tree, the transplanting of a tree to a property other than that under development or the infliction of damage to a tree which is of such severity as to show evidence within a period of two years of irreparable harm leading to the premature death of the tree.
The Township shall have exclusive custody and control of those trees that are located within the area where the Township owns the right-of-way in fee of any Township street and/or Township-owned property and is authorized to plant, remove and protect such trees.
A. 
Except in cases of emergency work necessary for protection of life or property, it shall be a violation of this chapter for any person, without first obtaining Township approval, to do any of the following:
[Amended 7-12-2011 by Ord. No. 129-G-11]
(1) 
Cut, break, climb with spurs, injure in any manner or remove any tree.
(2) 
Cut down any tree or interfere in any manner with the main roots of any tree.
(3) 
Place any rope, guy wire, cable, sign, poster or other fixture on a tree.
(4) 
Injure, misuse or remove any device placed to protect trees.
(5) 
Place or install any stone, cement or other substance which shall impede the passage of water and air to the roots of any tree.
B. 
Emergency work. Notwithstanding any other provisions of this chapter, the Township shall have the right, without prior notice to any property owner, to perform any act/acts necessary to abate clear, present and immediate threats to the public health, safety or welfare caused by the condition of trees or parts thereof of those trees that are located within the area where the Township owns in fee the right-of-way of any Township street. The Township shall have the right to assess the cost of such summary abatement against the person whose action or inaction caused such threat to the public health, safety or welfare.
A. 
The Township can, upon four weeks' prior written notice to the owners of any property, require owners of property to cut and remove trees or parts thereof afflicted with contagious diseases such as Dutch Elm disease.
B. 
Upon the failure of any such owner to comply with such notice, the Township can cause the work to be done by the Township and levy and collect the cost thereof from the owner of the property. The cost of such work shall be a lien upon the premises from the time of commencement of the work, which date shall be fixed by the Township Engineer 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.
C. 
The Township shall give said four-week notice by mailing it, by certified mail, to the last known address of the owner of the property and by posting the notice at a conspicuous location on the property.
[Amended 7-12-2011 by Ord. No. 129-G-11]
Any person who violates or permits the violation of any provision of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a District Justice, pay a fine for each such violation in an amount not less than $100 and not more than $600, plus all court costs, including reasonable attorney's fees, incurred by the Township. No judgment shall be imposed until the date of the determination of a violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure.
[1]
Editor's Note: Former §§ 218-4, Protection of existing trees during construction, and 218-5, Permit procedure, were repealed 7-12-2011 by Ord. No. 129-G-11. This ordinance also provided for the redesignation of former § 218-6, Violations and penalties, as § 218-4. Concerning protection of existing trees during construction, see now § 205-63.