Trees improve air and water quality, reduce soil erosion, noise,
and glare, provide habitat for desirable wildlife, moderate the climate,
and enhance community image and property values. Therefore, the purpose
of these regulations is to encourage the protection of trees through
sound land use practices. Therefore, the goals of this chapter are
to:
A. Preserve, protect, and maintain existing trees in Whitemarsh Township
and to increase the overall tree canopy and understory on both public
and private lands therein.
B. Mitigate the effects of climate change by protecting and preserving
presently healthy ecosystems, restoring ailing ecosystems when practical,
and promoting the net accumulation of healthy habitat on all public
and private lands, consistent with the premise of the Township's
Comprehensive Plan.
C. Ensure that all applications for earth disturbance permit, grading
permit, demolition permit, building permit, subdivision, land development,
or zoning change application shall respect existing trees as a natural
resource. As such, impervious areas shall be laid out in a manner
so as to preserve the healthy trees on the site whenever possible.
D. To preserve and protect all individual (and groups of) heritage trees
as defined herein.
E. To ensure that no trees are destroyed on any property scheduled for
development within five years prior to the submission of an application
for earth disturbance permit, grading permit, demolition permit, building
permit, subdivision, land development, or zoning change application.
F. To strictly prohibit any clear cutting.
G. To preserve, protect, and encourage the planting of native species.
As used in this chapter, the following terms shall have the
meanings indicated:
APPLICANT
The property owner or his authorized representative; the
term includes "developer."
BOUNDARY TREE
A tree on an adjacent property whose root protection zone
intrudes across the property line of the property under consideration.
CALIPER
A measure of nursery stock measured in diameter. For four-inch
diameter stock or smaller, the measure is taken at six inches above
the root ball. For stock above four inches, the measurement is taken
at 12 inches above the root ball.
CANOPY TREE
Large trees with deciduous foliage (bare in winter) generally
reaching at least 45 feet in height at maturity, and a canopy width
of at least 25 feet. Applicant shall refer to the United Stated Department
of Agriculture (USDA) Plants Database for guidance on the approximate
expected size of tree species at maturity. Final determination of
canopy tree status is subject to the discretion of the Shade Tree
Commission.
DBH (or dbh)
Diameter at breast height; a measure of trunk diameter in
inches, taken at 4 1/2 feet above the natural ground line. The
measured section of the tree should be free of branches and representative
of the typical age of the tree species. DBH measurement is applied
to existing trees (compared to Caliper used for nursery stock).
DRIPLINE
The boundary created by the outermost branches of a tree.
GROVE
Groups consisting of 10 or more individual living and healthy
trees, with a DBH of six inches or greater, no more than 25% of which
may be an invasive species, dead, trees in severe decline, or hazard
trees, and forming a 100% continuous closed canopy. A grove shall
include any area where trees have been removed within five years prior
to the submission of an application which would have met the definition
of grove prior to the removal of the trees.
HAZARD TREE
A tree with uncorrectable defects severe enough to pose present
danger to people or existing buildings under normal conditions, as
determined by the Township Shade Tree Commission or its designee.
HERITAGE TREE
A living and healthy tree located on public or private property
having a DBH of 36 inches or greater, or an age of 75 years or greater.
INVASIVE SPECIES
Any plant that appears in the most recent Invasive Plants
Fact Sheet by the Pennsylvania Department of Conservation and Natural
Resources (DCNR).
LANDSCAPE PLAN
Plan showing existing and proposed landscaping in relation
to existing and proposed structures, utilities, and grading as defined
in this chapter.
LIMIT OF DISTURBANCE
Boundary line to be shown on a plan delineating the area
outside of which no activity of any sort relating to transplanting,
demolition, grading, construction, drainage, storage, or any other
project activities is permitted.
LIVING AND HEALTHY TREE
Any tree that has not been determined in accordance with
this chapter as being dead, a tree in severe decline, or a hazard
tree.
LOT
A designated parcel, tract, or area of land established by
a plot or otherwise as permitted by law and to be used, developed,
or built upon as a unit.
MITIGATION PLAN
A plan that complies with the requirements described in §
55-4D, Landscape plan, of this chapter, presented to the Shade Tree Commission at a public meeting, detailing corrective actions proposed to be taken by the applicant to address deviations from approved plans, as identified by the Township.
NATIVE SPECIES
A plant species indigenous to the Northeastern or Mid-Atlantic
United States that occurs naturally in a particular region, state,
ecosystem, and habitat without direct or indirect human actions. The
applicant shall refer to the United States Department of Agriculture
(USDA) Plants Database for guidance on the native status of trees.
Final determination of status is subject to the discretion of the
Shade Tree Commission.
PRESERVED TREE
Any tree that is to be protected according to the provisions
of this chapter.
PROPERTY OWNER
Any person, agent, operator, firm, or corporation having
a legal or equitable interest in the property; or recorded in the
official records of the Commonwealth of Pennsylvania, County of Montgomery
or Whitemarsh Township as holding title to the property; or otherwise
having control of the property, including the guardian of the estate
of any such person, and the executor or administrator of the estate
of such person if ordered to take possession of real property by a
court.
REMOVED TREE
Any tree that is destroyed, injured, or otherwise not protected
according to the provisions of this chapter.
REPLACEMENT TREE
A tree required to be planted per this chapter to compensate
for the removal or damage of existing trees on a site.
ROOT PROTECTION ZONE
The area of soil, to remain undisturbed, surrounding the
tree trunk where roots required for future tree health and survival
are located, the dimension of which will be determined in accordance
with this chapter.
SHRUB
A woody plant, usually with multiple stems, each of which
has a DBH of less than three inches with a minimum height of 24 inches.
TREE
Any woody perennial plant, whether evergreen or deciduous,
of a species which normally reaches a height of 15 feet or more at
maturity.
TREE IN SEVERE DECLINE
A tree that is anticipated to die within five years due to
a present and untreatable pathogen or disease, is experiencing die
back of at least 33% of its small branches or 33% of its limbs; or
33% decay in its trunk; or 33% of its roots; as determined by a certified
arborist and documented in conformity with this chapter, subject to
the approval of the Shade Tree Commission.
TREE SURVEY PLAN
Plan identifying the size, species, and location of all existing
trees having a diameter at breast height (DBH) of six inches or greater
and denoting each tree to be saved or removed. All removed trees shall
be identified if removed in the past five years.
UNDERSTORY TREE
Any deciduous tree, single or multistem, which is generally
expected to reach a mature height greater than 15 feet and less than
45 feet, and with a minimum canopy width of eight feet, or any evergreen
or columnar/fastigiate cultivar of tree species which generally expected
to reach a mature height of 20 feet or greater. The applicant shall
refer to the United States Department of Agriculture (USDA) Plants
Database for guidance on related to the approximate expected size
of tree species at maturity. Final determination of status is subject
to the discretion of the Shade Tree Commission.
WOODLAND
Any area of woody plants, evergreen or deciduous, covering
10,000 square feet of foliage area or greater, dominated by twenty-foot
tall or four-inch DBH trees or larger with crowns that interlock to
form a 60% to 100% closed canopy. All trees of four-inch DBH or greater
will be included in this determination regardless of species or condition.
All portions of the contiguous canopy area and layered vegetation
beneath it shall be woodland whether located on a single lot or portions
of other lots. For the purposes of this chapter, the extent of any
woodland plant community or any part thereof shall be measured from
the outer-most dripline of all the trees in the community. Woodlands
shall include any area where timber has been harvested within the
previous five years and/or woodland disturbance has occurred within
the previous five years, which would have met the definition of woodland
prior to timbering or disturbance.
Any person, firm, or corporation who shall violate any provision
of this chapter, upon a determination of liability in a civil enforcement
action brought before a magisterial district judge, shall pay a civil
penalty of not more than $600 per violation, plus court costs, plus
all attorneys' fees incurred by the Township for enforcing this
chapter. Each day that a violation of this chapter continues and each
section of this part which shall be found to have been violated shall
constitute a separate offense.