[Adopted 10-3-2002 by Ord. No. 2002-11]
This article shall be known and may be cited
as the "Hellam Township Roadway Tree and Vegetation Maintenance Ordinance."
As used in this article, the following terms
shall have the meanings indicated:
Includes any natural person, partnership, association, firm,
corporation or company who owns or occupies land in Hellam Township.
The singular shall include the plural. The plural shall include the
singular; and the masculine shall include the feminine and the neuter.
Trees, shrubs, hedges, other vegetation, and
obstructions growing or existing within or near the public right-of-way
of any Hellam Township road or street may constitute a hazardous or
dangerous condition to the use of the highways, impair the use or
maintenance of the public road or street, and constitute nuisances.
Such hazards may cause damage to persons or property and accordingly,
are detrimental to the health, safety, and welfare of the residents
of Hellam Township and other persons traveling within Hellam Township.
The purpose of this article, which is adopted under Sections 1506,
1527, 1529, 2301, 2325, and 2326 of the Second Class Township Code,[1] is to promote public health, safety, and welfare by: making
it unlawful to permit certain trees, shrubs, hedges, other vegetation,
and obstructions to grow or to exist within or near the public right-of-way
as set forth herein below; and authorizing Hellam Township to remedy
such conditions.
[1]
Editor's Note: See 53 P.S. §§ 66506, 66527,
66529, 67301, 67325 and 67326, respectively.
It shall be the duty of persons in Hellam Township,
York County, Pennsylvania, to do the following:
A.
To keep all trees on or in front of his property,
with branches extending over the cartway of any public road or street,
trimmed or cut and kept trimmed or cut, such branches and limbs thereof
so extending so as to maintain a clearance of at least 14 feet above
the cartway and the portion of the person's property three feet within
the edge of the cartway.
B.
To the extent that any trees are not addressed by Subsection A above, which supersedes this subsection, to keep all trees on such property with branches extending over any public sidewalk trimmed or cut, and kept trimmed or cut, such branches and limbs thereof extending as to maintain a clearance of at least eight feet above the sidewalk.
C.
To keep all trees, shrubs, hedges, and other vegetation
within the public right-of-way, trimmed or cut and kept trimmed or
cut, or so as not to obstruct the vision of motorists or interfere
in any manner with the public or governmental use of any public street
or right-of-way appurtenant thereto. For purposes of this article,
shrubs, hedges, or other vegetation height in excess of 30 inches
shall be presumed to obstruct the vision of motorists traveling along
any public street bordering such property and interfere with the public
or governmental use of any public street or right-of-way appurtenant
thereto. If a person believes that his shrubs, hedges, or other vegetation,
which are in excess of 30 inches, do not obstruct the vision of motorists
or and interfere with the public or governmental use of any public
street or right-of-way appurtenant thereto, then that person may apply
to the Hellam Township Roadmaster or Zoning Officer to obtain a determination
as to whether or not said shrubs, hedges or other vegetation do not,
in fact, obstruct the vision of motorists traveling on any public
street bordering such property or interfere in any manner with the
public or governmental use of any public street or right-of-way appurtenant
thereto.
D.
To keep all trees, shrubs, hedges or other vegetation within the public right-of-way trimmed or cut at all intersections of streets, private roads, access drives and driveways in order to maintain such clear sight triangles that shall be required under the applicable provisions of Chapter 490, Zoning, as amended, and Chapter 430, Subdivision and Land Development, as amended.
E.
To remove all obstructions of any type, including
but not limited to, rocks, stumps, ornaments, decorations or other
things placed within the right-of-way. If a person believes an object
may not violate the terms of this subsection, then that person may
apply to the Hellam Township Roadmaster or Zoning Officer to obtain
a determination as to whether or not said object does not, in fact,
obstruct the vision of motorists traveling on any public street or
interfere with the use of the public street or right-of-way appurtenant
thereto. If a determination is made that the object is not an obstruction,
then the person may place the object on his property within the right-of-way
unless and until such time as Hellam Township may determine that it
must be removed.
It shall be the responsibility of all persons
to remove from their property any trees, shrubs or hedges or other
vegetation that are dead or dying, which are located within the right-of-way
of any public road or street or have branches or limbs extending over
the cartway of any public road or street or sidewalk. The presence
of dead or dying trees, shrubs, hedges or other vegetation is deemed
to be a safety hazard and, therefore, detrimental to the health, safety,
and welfare of those residents or persons utilizing said streets,
roads or sidewalks.
A.
The Board of Supervisors of Hellam Township, the Hellam
Township Roadmaster, the Hellam Township Zoning Officer, or any other
individual designated on behalf of Hellam Township is hereby authorized
to give notice by personal service or by United States mail to the
person that is in violation of any provision of this article. Said
notice shall describe with particularity the violation of this article
and direct the person to correct or conform to the requirements of
this article within 10 days after the service of said notice by personal
service or the mailing of said notice by United States mail.
B.
In the event that the person shall neglect, fail,
or refuse to comply fully and completely with such notice within the
period of time stated therein, Hellam Township, or its employees,
agents or contractors, may trim such trees, branches, shrubs, hedges
or other vegetation, or remove any obstructions at their sole and
exclusive discretion. In the case where such effort is extraordinary
or requires equipment or labor over and above that available from
the Hellam Township Public Works Department, then Hellam Township
or its agents or contractors, may trim such trees, branches, shrubs,
hedges or other vegetation, or remove any obstructions, and the costs
thereof, together with any additional penalties authorized by law,
may be collected from the person by filing a municipal claim or proceeding
in any other manner provided by law.
C.
In such case, Hellam Township, or its employees, agents
or contractors, shall not, under any circumstances, be liable to the
person for the value of the items so removed, be liable to the person
for any damage caused to other portions of the property when completing
the work required under this article and may dispose of any items
removed at their sole and exclusive discretion.
Any person who violates or permits a violation
of this article shall, upon conviction in a summary proceeding brought
before a Magisterial District Judge under the Pennsylvania Rules of
Criminal Procedure, be guilty of a summary offense and shall be punishable
by a fine of not more than $1,000, plus all costs of prosecution,
including, but not limited to, attorneys' fees, and in default of
payment thereof, shall be imprisoned for a term not to exceed 90 days.
Each day or portion thereof that such violation continues or is permitted
to continue shall constitute a separate offense, and each section
of this article that is violated shall also constitute a separate
offense.
The provisions of this article shall be enforced
by the Hellam Township Roadmaster, Hellam Township Zoning Officer,
any Hellam Township official appointed from time to time by the Board
of Supervisors, or by any police officer having authority within Hellam
Township.
