§ 162-1.  Purpose.
§ 162-2.  Definitions.
§ 162-3.  Shade Tree Commission.
§ 162-4.  Power and duties of Commission.
§ 162-5.  Permits required.
§ 162-6.  Duties and responsibilities of property owners.
§ 162-7.  Cutting and removal of trees.
§ 162-8.  Manner of trimming or pruning.
§ 162-9.  Clearance of trees over sidewalks and streets.
§ 162-10.  Removal of fallen trees and parts of trees.
§ 162-11.  Repair or replacement of damaged trees.
§ 162-12.  Removal of tree stumps.
§ 162-13.  Branches not to obstruct streetlights.
§ 162-14.  Hazardous shade trees and branches.
§ 162-15.  Replacement trees.
§ 162-16.  Spacing and location of trees.
§ 162-17.  Size specifications for tree replacement.
§ 162-18.  Planting under existing utility lines.
§ 162-19.  Root zone controls.
§ 162-20.  Unnecessary harm to tress prohibited.
§ 162-21.  Tree maintenance contractors.
§ 162-22.  Exceptions permitted.
§ 162-23.  Collection of costs for work done by township.
§ 162-24.  Authorized species of trees.
§ 162-25.  Township maintenance.
§ 162-26.  Violations and penalties

§ 162-1. Purpose.

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.

§ 162-2. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

HAZARDOUS TREES/BRANCHES -- 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.

LARGE TREES -- Designated as those attaining a height of 45 feet or more at maturity.

MEDIUM TREES -- Designated as those attaining a height of 30 feet to 45 feet at maturity.

PERSON -- Any individual, firm, partnership, association, corporation, company or organization of any kind.

SHADE TREE -- Any planted tree located within the right-of-way of the public streets and highways of the township. "Shade tree" does not include trees growing naturally within the township rights-of-way.

SHADE TREE COMMISSION -- The body that has jurisdiction over all street trees.

SMALL TREES -- Designated as those attaining a height of 20 feet to 30 feet at maturity.

STREET or HIGHWAY -- 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.

TOWNSHIP -- The Township of Lower Paxton.

TREE -- A large perennial plant with one main trunk and many branches.

TREE LAWN -- 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.

§ 162-3. Shade Tree Commission.

• A. There is hereby created a commission to be known and designated as the "Shade Tree Commission." The Commission shall consist of three members, all of whom shall be residents of the township. All will serve without compensation.
• B. One member shall serve for three years, one for four years and one for five years. On the expiration of the term of any 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 expired term.

§ 162-4. Power and duties of Commission.

• A. The Shade Tree Commission shall have exclusive custody and control of the shade trees in the township and is authorized 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.
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 of 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.

• C. Within a reasonable time after the appointment of said Commission and the approval of the members thereof, upon call of the Board of Supervisors, said Commission shall meet and organize by the election of a Chairman. The Commission shall then 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.

§ 162-5. Permits required.

No person shall plant, cut, trim or remove any shade tree under the jurisdiction of the township or fasten any sign, wire, rope or other material to, around or through any shade tree without a permit from the township. 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 a permit from the township.

§ 162-6. Duties and responsibilities of property owners.

• 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 lawns 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 shall be planted in a tree lawn within 75 feet of the near edge of the curb of an intersecting street.
• 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 center of the drainage swale which parallels the cartway. In the absence of a drainage swale, the setback shall be eight feet from the edge of the cartway. However, no tree shall be planted within 75 feet of the near edge of the cartway of an intersecting street.
• C. All trees and other vegetation within the township rights-of-way must be pruned or trimmed in a manner to allow for full visibility of street signage and the minimum required sight distance.

§ 162-7. Cutting and removal of trees.
 
The Shade Tree Commission may, upon 30 days' written notice, require a property owner to cut and remove trees 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 property. Removal by the property owner of nondiseased trees or those not infested by insects shall not be permitted 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 damage and repair or replacement of the sidewalk 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.

§ 162-8. Manner of trimming or pruning.

All trimming and pruning of shade trees shall be done in a manner to ensure natural growth of such tree and a natural appearance. Poling or topping trees (removal of 2/3 or more of the crown) is specifically prohibited.

§ 162-9. Clearance of trees over sidewalks and streets.

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.

§ 162-10. Removal of fallen trees and parts of trees.

In the event that a shade tree or its parts are felled by storm or other accident, the tree 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.

§ 162-11. Repair or replacement of damaged trees.

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.

§ 162-12. Removal of tree stumps.

After removal of a tree, the remaining stump shall be removed 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.

§ 162-13. Branches not to obstruct streetlights.

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.

§ 162-14. Hazardous shade trees and branches.

Where hazardous shade trees or branches overhang the cartway of a street or otherwise exist within the right-of-way, the township may cause them to be removed at its expense so as to maintain public safety within the right-of-way. In the event of an emergency or hazardous situation, the Shade Tree Commission may require them to be removed within 24 hours.

§ 162-15. Replacement trees.

As a condition to any permit to remove any shade tree, the township may require that the permittee plant, at its own expense, 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.

§ 162-16. Spacing and location of trees.

Spacing between newly planted shade trees shall not be less than 25 feet nor more than 40 feet and may vary with the 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 12 feet from a fire hydrant, light standard or utility pole.

§ 162-17. Size specifications for tree replacement.

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 diameter at this point and shall have no branches below a height of five feet measured from ground level.

§ 162-18. Planting under existing utility lines.
All trees planted under overhead utilities shall be a species which does not obstruct the wires. They shall be small trees or medium trees according to utility height and shall be specified by the Shade Tree Commission.

§ 162-19. Root zone controls.

The Commission may in some cases require root control devices 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

§ 162-20. Unnecessary harm to trees prohibited.

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.

§ 162-21. Tree maintenance contractors.

All tree maintenance contractors who trim, remove or otherwise maintain trees located within the township rights-of-way shall possess general liability insurance coverage with a policy limit of not less than $500,000 for each occurrence.

§ 162-22. Exceptions permitted.

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.

§ 162-23. Collection of costs for work done by township.

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.

§ 162-24. Authorized species of trees.

The planting of any species of tree within the 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 Department of Parks and Recreation. Any person desiring to plant a tree, which 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.

§ 162-25. Township maintenance.

The township, in 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.

§ 162-26. Violations and penalties.

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.