§ 138-18. Restrictions on planting and growing of trees and
It shall be unlawful for any person to plant, maintain or allow to grow any tree or other form of landscaping
within the right-of-way of any Township road or other public right-of-way or sidewalk in Franklin Township,
Adams County, Pennsylvania, or within 25 feet of any public sewer or water line; provided, however, with regard
to any such tree or other form of landscaping planted or growing prior to the effective date of this article, that
any such preexisting tree or other form of landscaping shall be trimmed and maintained in accordance with the
requirements of this article.
§ 138-19. Clearance above road, highway, street or sidewalk.
Every owner of property in Franklin Township, Adams County, Pennsylvania, shall be required to keep limbs and
branches of all trees and other forms of landscaping growing upon such property, or along any road, highway,
street, sidewalk, curb or alley abutting upon such property, trimmed so that no part of such limbs or branches or
of the foliage growing thereupon shall have a clearance of less than eight feet above the surface of the sidewalk,
or of less than ‘4 feet above the surface of the road, highway, street or alley. Further, every owner of property in
Franklin Township, Adams County, Pennsylvania, in or upon which there exists, as of the effective date of this
article, a tree or other form of landscaping within the public right-of-way of any Township road or other public
right-of-way, shall be required to keep the limbs and branches of such preexisting trees and other forms of
landscaping trimmed so that no part of such limbs or branches or of the foliage growing thereupon obscures,
obstructs, or otherwise infringes upon safe and reasonable sight-lines and sight-distances of pedestrians and
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T ‘ operators of motor vehicles upon such public rights-of-way. Any and all violations of this section are hereby
declared to be unlawful.
§ 138-20. Removal and trimming of trees and landscaping.
It shall be the responsibility of property owners in Franklin Township, Adams County, Pennsylvania, to conform to
the requirements of this article as to trees and landscaping upon property owned by them, or along roads,
highways, streets, sidewalks, curbs or alleys abutting upon such property, and, upon notice from the Franklin
Township Board of Supervisors or the Franklin Township Code Enforcement Officer, to remove any tree, trees, or
other landscaping growing in violation of § 138-18 of this article, and to trim or cut the branches or limbs of such
tree, trees or landscaping as required by § 138-19 hereof. Any such notice shall be in writing, shall specify the
nature of the alleged violation, shall specify the remedial action required, and shall state that compliance with the
terms of the notice shall be effected within no more than 15 days from the date of such notice. Such notices shall
be served personally upon the owner(s) of the offending property, or by certified mail, return receipt requested,
to said owners last known address. Any person failing to comply with any such notice within the time limit stated
therein shall be guilty of a violation of this article and, following the expiration of such time limit, the Franklin
Township Board of Supervisors shall have the right, power and authority to enter upon the offending property
and to cause the work required by such notice to be done by the Township or under contract therewith, and to
collect the cost of such work, with an additional amount of 10%, from such property owner(s). The Township
shall thereafter have the right to collect the cost of such work, plus 10% penalty, plus reasonable costs and
attorney’s fees, from the owner(s), by filing a municipal claim against the subject property owner(s), in
accordance with the laws of the Commonwealth of Pennsylvania pertaining thereto, which are hereby
incorporated herein by reference.
§ 138-21. Hearing.
A. Any person aggrieved by the terms of any notice under this article from the Franklin Township Board of
Supervisors or the Franklin Township Code Enforcement Officer may request and shall then be granted a
hearing before the Franklin Township Board of Supervisors, provided that said person files with the
Supervisors within 10 days after the date of any such notice, a written petition requesting such hearing and
setting forth a statement of the grounds therefor. All matters and procedures concerning such hearings shall
be the same as are set forth in Chapter 64, Building Permits, of this Code.
B. Any person aggrieved by any decision of the Franklin Township Board of Supervisors may seek relief
therefrom in any court of competent jurisdiction, as provided by the laws of this Commonwealth.
§ 138-22. Violations and penalties.
Any person, firm, corporation or other entity, or any agent thereof, who shall violate any provision of this article
shall, upon conviction in a summary proceeding brought before a District Justice 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 costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a
term not exceeding 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
Harrisburg, PA – The Department of Environmental Protection (DEP) today urged all Pennsylvanians to test their homes for radon, a deadly radioactive gas that’s the leading cause of lung cancer in non-smokers in the United States. DEP also urged residents to take action to reduce radon levels in their homes if they are high.
“Due to our geology, radon is found everywhere in Pennsylvania. For that reason, we urge residents to test their homes to protect themselves and their family’s health,” said DEP Secretary John Quigley. “Winter is the best time to test your home for radon because doors and windows are typically closed and tightly sealed, producing the most accurate results.”
January is Radon Action Month, and a great time to test. The U.S. Environmental Protection Agency sets the “action level” for radon at 4 picocuries per liter (pCi/L) of air. Residents with levels at or above that figure should take steps to lower them.
Testing for radon is the only way to know if a home, school, workplace or other structure has elevated concentrations of radon. Test kits can be purchased at most hardware or home improvement stores at an average cost of $15 to $25 per test. If you are uncomfortable doing the testing yourself you can hire a state-certified radon tester, or if you are selling your home and want a radon test, it is best to hire a certified tester. The cost of a mitigation system typically ranges around $1,000.
Pennsylvania law requires all radon service providers, such as radon testers, radon mitigators and radon laboratories to be certified by DEP. The list of Pennsylvania-certified radon service providers is updated monthly and available on DEP’s website. You can also obtain a hard copy of the directory or verify a company’s certification by calling 800-23RADON.
In 2014, the highest radon level ever recorded in the U.S. was found in a home in Lehigh County. The concentration measured was 3,715 pCi/L, more than 900 times EPA’s action level of 4 pCi/L. DEP recommended the owners vacate their home until it could be remediated to safe levels.
“Approximately 20,000 lung cancer deaths per year are attributable to radon exposure so the threat is very real,” said Secretary of Health Dr. Karen Murphy. “Radon exposure combined with smoking is a particularly lethal combination so we encourage everyone to take steps to reduce their risk.”
If you are building a new home, DEP recommends installing a passive radon system during construction. If high radon levels are found when the home is completed, a fan can be readily installed. There are good reasons to install a radon system during construction:
• There is no reliable way to test the ground in advance for radon.
• The average residential radon level in Pennsylvania is 7-8 picocuries per liter.
• The cost of installing the radon system during construction should be less than installing one after the fact.
• Building the radon system internally should keep aesthetics of the home intact. If radon is not addressed during construction, an outside radon system may be required if the radon test comes back greater than 4 picocuries per liter.
For people buying or selling a home, Pennsylvania’s Real Estate Seller Disclosure Act requires sellers to disclose the results of any known radon testing. DEP’s website lists radon testing options for real estate transactions
DEP, in cooperation with Commonwealth Media Services, has produced a public service announcement about the importance of radon testing. The PSA is currently airing on Pennsylvania, television and radio stations during January. The PSA is available on DEP’s YouTube Channel.
For more information about radon testing and radon resistant construction, visit DEP’s website at www.dep.pa.gov/radon.