[Adopted 8-16-1973 by Ord. No. 08A-2-1973]
It shall be henceforth prohibited for any person, corporation, organization
or entity other than the Township of Mannington to plant or cause to grow
any tree, bush, shrub or plant life of any kind within the boundaries of any
Mannington Township road right-of-way.
Any tree, bush, shrub or plant life of any kind presently existing within
the Township of Mannington road right-of-way as of the effective date of this
article may be removed by order of the Township Committee, after recommendation
by the Township Road Supervisor or the Township Engineer that such plant life
constitutes a traffic hazard or potential traffic hazard, or where it exceeds
the height of 2 1/2 feet, provided that no shade tree shall be so removed
until notice has been given personally or by certified mail to the abutting
land owner on the Township Tax Map of a hearing to be held by the Township
Committee, which notice shall be given 10 days prior to such hearing. Among
the issues to be considered at such hearing shall be whether or not the shade
tree is within the Township road right-of-way and whether or not it constitutes
a traffic hazard or potential traffic hazard, impediment to road maintenance
or road maintenance equipment, whether or not it interferes with drainage
or is likely to damage existing road surface when it reaches full growth.
Any tree, bush, shrub or plant life not in existence prior to the effective
date of this article that is later planted or grows within a Mannington Township
road right-of-way may be removed at any time by the Township of Mannington
with or without notice to the abutting land owner.
In the event of road widening all plant life of any kind within the
Township road right-of-way that interferes with such widening may be removed
by the Township of Mannington with or without notice to the abutting land
owner.
[Amended 7-6-2006 by Ord. No. 06-10]
Violations of this article shall be punishable as provided in § 1-15 of this Code.
