[Adopted 3-19-2009 by Ord. No. 576]
A.Â
Words and terms used in this Part 9 shall have the meanings given in this section. Unless expressly stated otherwise, any pertinent word or term not a part of this listing but vital to the interpretation of this Part 9 shall be construed to have its legal definition or, in absence of a legal definition, its meaning as commonly accepted by practitioners, including civil engineers, surveyors, architects, landscape architects and planners.
B.Â
CALIPER
CLEAR-CUTTING
DBH
EVERGREEN TREE
HAZARD TREE
HERITAGE TREE
LAND DISTURBANCE
NATURAL RESOURCES PLAN
PRESERVED TREE
REMOVED TREE
REPLACEMENT TREE
ROOT PROTECTION ZONE
SHADE TREE
SHRUB
WOODLAND
As used in this Part 9, the following terms shall have the meanings
indicated:
A measure of diameter of nursery stock tree trunk taken six
inches above the ground.
The removal of 30% or more of the trees within woodlands
on a lot.
Diameter at breast height; a measure of trunk diameter in
inches, taken at 4Â 1/2 feet above the natural ground line. DBH
measurement is applied to existing trees (compared to caliper used
for nursery stock).
A woody plant capable of reaching a minimum mature height
of 20 feet with persistent foliage, resulting in a year-round (evergreen)
foliage screening capacity.
A tree with uncorrectable defects severe enough to pose present
danger to people or buildings under normal conditions, as determined
by the Township Landscape Architect.
A specifically selected tree, identified and considered worthy
of preservation by the Township because of the species, size, rarity
or historical importance, or having a DBH greater than 40 inches or
an age greater than 75 years, whether located on private property
or public property.
An activity involving grading, tilling, digging or filling
of ground or stripping of vegetation or any other activity that causes
an alteration to the natural condition of the land.
A plan which shall accompany an application for an earth
disturbance permit, grading permit, demolition permit, building permit,
subdivision, land development or zoning change application. The natural
resources plan shall contain existing and proposed buildings and structures,
driveways and parking areas, drainage structures, water detention/retention
areas, utilities, construction material staging area and all limits
of grading. The natural resources plan shall denote each tree to be
saved or removed, the location of the tree protection fencing and
the proposed schedule of replacement trees, natural steep slopes,
man-made steep slopes, wetlands, watercourses, and floodplain, and
shall include a Pennsylvania Natural Diversity Inventory (PNDI).
A preserved tree is any tree that is to be properly protected
and not destroyed or injured during construction as required by this
Part 9.
A removed tree is any tree that is destroyed, injured or
otherwise not protected according to the provisions of this Part 9.
A tree required to be planted per this Part 9 to compensate
for the removal or damage of existing trees on a site.
Area within a tree's temporary protection fencing and maintained
throughout the entire period of construction. Protective fencing shall
be placed at a horizontal distance from the trunk of one foot for
every one inch of DBH (diameter at breast height) or to the outer
edge of the dripline, whichever is greater.
A woody plant that has a minimum three-inch DBH, at least
14 feet high with a minimum eight-foot canopy spread, and a full branching
structure.
A woody plant, usually with multiple stems, each of which
has a DBH of less than three inches. Shrubs are generally less than
20 feet in height at maturity.
Any area, grove or stand of woody plants, evergreen or deciduous,
covering 10,000 square feet of foliage area or greater, dominated
by four-inch to six-inch caliper trees or larger with crowns that
interlock to form sixty-percent to one-hundred-percent closed canopy.
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 Part 9, the extent of any
woodland plant community or any part thereof shall be measured from
the outermost dripline of all the trees in the community. Woodlands
shall include any area where woodland disturbance has occurred within
the previous three years which would have met the definition of woodland
prior to timbering or disturbance.
A.Â
Unless exempt, any person, organization, society, association or
corporation which makes an application for an earth disturbance permit,
grading permit, demolition permit, building permit, subdivision, land
development, zoning change application, or who intends to remove trees
in the Township shall comply with the terms of this article.
B.Â
No clear-cutting shall be permitted under any circumstance.
C.Â
Except as to heritage trees, this chapter is not intended to apply
to:
(1)Â
The removal of trees from a lot containing an existing single-family
residence, unless such removal is a part of grading activities that
impact 5,000 square feet or more of area. However, no property owner
or occupant shall be permitted to remove trees if such trees have
been planted or preserved to meet the requirements of the Township
ordinances.
(2)Â
The removal of trees for sale in the ordinary course of business
from horticultural properties, such as farms, nurseries or orchards.
(3)Â
The removal of any tree that becomes or threatens to become
a danger to life or property.
(4)Â
The removal of trees required for utilities construction within
established easement areas.
(5)Â
Timber harvesting in keeping with established best management
practices for selective harvesting and sustained yield forestry.
A.Â
Natural resources plan: legislative intent. It is the intent of the
natural resources plan to provide protection and preservation to the
existing urban forestry canopy as a vital environmental natural resource
of Lower Providence Township. Specifically it is the intent of the
natural resources plan to adhere to the following requirements:
(1)Â
Each and every application for earth disturbance permit, grading
permit, demolition permit, building permit, subdivision, land development
or zoning change application shall include a natural resources plan.
(2)Â
Subject to the prior approval of the Township Landscape Architect
or his designee, the number of trees may be calculated as follows:
(a)Â
Minimum of one one-hundred-foot by one-hundred-foot square area
will be staked out in a location determined by the Township Landscape
Architect or his designee.
(b)Â
The quantity of trees in each sample area will be counted and
the totals averaged to determine the average number of trees per 10,000
square feet of area.
(c)Â
This average quantity per area will be used to determine both
the quantity of trees being removed and the quantity to remain in
large masses. Every heritage tree, regardless of location within the
property, shall be indicated on the natural resources plan.
(3)Â
Any tree lost or destroyed within two 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 shall be shown on the natural resources plan as a "removed
tree" and must be required to be replaced in accordance with this
chapter.
B.Â
Tree protection and preservation.
(1)Â
Preplanning conference. Prior to the preparation of formal land
development and subdivision plans, the applicant/developer is encouraged
to attend a preplanning conference to review the natural resources
plan prepared pursuant to this Part 9 with Township staff.
(2)Â
Preconstruction conference. Prior to the start of any grading,
demolition or construction, or removal of any trees, a preconstruction
conference shall be held on the site between the Township Landscape
Architect and the applicant/developer. The Township Landscape Architect
shall inspect the tree protection fencing and other protective devices
which have been installed to protect the trees. After the inspection
is complete, the Township Landscape Architect shall provide written
notice to the Township. Upon Township approval, demolition, grading
and construction may proceed.
(3)Â
Protective fencing. All applications for earth disturbance permit,
grading permit, demolition permit, building permit, subdivision, land
development or zoning change application shall be prepared in such
a manner to preserve the healthy trees and shrubs on the site.
(a)Â
Prior to construction, protective fencing shall be placed around
the root protection zone of the trees to minimize damage to root systems.
(b)Â
The fencing shall be highly visible (orange), at least four
feet high and staked with posts every 10 feet on center. Nothing shall
be stored, stockpiled, temporarily placed or allowed in the root protection
zone.
(c)Â
This fencing will be installed prior to any and all work conducted,
e.g., excavation, grading, trenching (especially silt fencing), cleaning,
etc. No fuel storage, refueling or maintenance of equipment or washdown
of cement-handling equipment shall be permitted within 100 feet of
any tree to be preserved. Any damage to the fencing or encroachment
on the protected areas shall be remedied immediately.
(d)Â
Any observed damage to the trees shall be immediately reported
to the Township and remedied as soon as practicable. At the discretion
of the Township Landscape Architect, approved preserved trees that
have not been adequately protected or damaged may be required to be
removed and replaced at the expense of the applicant.
(4)Â
Invasive vines. Invasive vines which threaten the health of
any approved preserved tree shall be cut at the base using a hand
saw, snips or loppers and treated with a basal herbicide to minimize
regrowth. The vine shall not be pulled off of the tree but shall be
allowed to die in place.
(5)Â
Credit for approved, preserved trees.
(a)Â
Credit for approved, preserved trees in subdivisions and land developments. The requirements for trees in Chapter 123, Subdivision and Development of Land § 123-50, Landscaping, shall, whenever possible, be met by preserving existing trees. However, the number of trees required to be planted in § 123-50 may be reduced by a credit for approved, preserved trees as follows.
(6)Â
Replacement tree requirement.
(a)Â
Every tree determined by the Township Landscape Architect to
be living and healthy, with a DBH of eight inches or greater and which
is designated to be removed or which is destroyed, shall be replaced
with one or more new shade trees of a type approved by the Township
and have a trunk diameter of not less than 2.5 inches in caliper.
(b)Â
No heritage tree is to be removed for any reason without approval
of the Board of Supervisors and after recommendation of the Township
Landscape Architect. Any heritage tree removed without approval by
the Board of Supervisors must be replaced with trees of equivalent
value calculated by using the Truck Formula Method provided by the
International Society of Arboriculture using the most recent issue.
(c)Â
Replacement trees shall be planted in addition to the trees
required by planting requirements otherwise set forth in the Subdivision
and Land Development Code.
(d)Â
Insufficient development site area; fee in lieu.
[1]Â
If the Township concurs that there is not sufficient area on
the development site for the placement of all replacement trees, a
percentage of the replacement trees that can be planted on the site
will be increased in caliper size from three-inch minimum in accordance
with the following schedule:
|
Number of Trees That Cannot be Planted
|
Percentage of Replacement Trees With a 4-Inch Caliper
|
Percentage of Replacement Trees With a 5-Inch Caliper
|
Percentage of Trees With a 6-Inch Caliper
| |
|---|---|---|---|---|
|
1 to 10
|
10%
|
0%
|
0%
| |
|
11 to 50
|
10%
|
10%
|
10%
| |
|
51 to 100
|
30%
|
20%
|
10%
| |
|
More than 100
|
40%
|
25%
|
25%
|
[2]Â
Or if the applicant chooses not to plant replacement trees as
required above, the applicant shall pay a fee to the Township to be
held in a separate tree fund. The fee shall be determined by the Township
Landscape Architect using the following method:
|
Fee = Fee-in-lieu option trees* x An average of three nursery
tree wholesale catalog prices per tree** x per 2.2 ***
| |||
|
Where
| |||
|
*
|
Fee-in-lieu option trees = Replacement trees required –
Replacement trees provided on site.
| ||
|
**
|
Printed wholesale price catalog of current sales year from a
recognized nursery with membership in American Nursery and Landscape
Association (ANLA) or Pennsylvania Landscape and Nursery Association
(PLNA). Cost shall be for a two-inch- to two-and-one-half-inch-caliper
B&B (balled and burlapped) nursery-grade tree, not special sale
or inferior grade trees.
| ||
|
***
|
Multiplier of 2.2 of plant cost shall be applied per tree for
total cost to include plant installation, planting soil activities,
disposal of spoil, mulching, fertilizing, maintenance and eighteen-month
replacement guarantee.
| ||
(e)Â
The species of the replacement trees shall be pursuant to Appendix
B of this chapter of the Lower Providence Township Code subject to
approval of the Township Landscape Architect. Species are to be hardy
to the region, noninvasive and blight and disease resistant.
(f)Â
Subject to prior approval of the Township Landscape Architect:
[1]Â
A maximum of 30% of the replacement trees may be replaced with
ornamental/flowering trees or evergreen trees at a ratio of two flowering
or two evergreen trees per required two-and-one-half-inch-caliper
shade tree; and
[2]Â
A maximum of 20% of the replacement trees may be replaced as
shrubs at a ration of six shrubs per required replacement tree.
(g)Â
The developer shall furnish the Township with a calculation
of approved preserved trees actually remaining after construction,
based on a procedure similar to that used in completing the tree survey.
To the extent that construction results in the unapproved removal
of or damage to trees, the developer shall abide by the direction
of the Township Landscape Architect and shall have 30 days to provide
a determination. The developer shall complete the reparation, weather
permitting, within 45 days of the date of the written determination.
A.Â
Any person, organization, society, association or corporation requesting
a subdivision or land development, grading permit, building permit,
or zoning amendment for new construction on a lot shall obtain a permit
to remove a tree or trees by filing an appropriate application with
Lower Providence Township. Said application shall be accompanied by
a plan in accordance with § 123-146A, natural resources
plan, of this article.
C.Â
A permit fee shall be paid in accordance with a fee schedule adopted
by resolution of the Board of Supervisors from time to time.
D.Â
Expiration of permit. Every tree removal shall expire after six months
if the work authorized by the permit has not begun or is not completed
within one year from the date of issuance. An extension may be granted
if the permit holder presents satisfactory evidence that unusual difficulties
have prevented the start or completion of work.
E.Â
Denial of permit. A permit may be denied if the proposed tree removal
will substantially have an adverse effect on the following: surface
water and groundwater stabilization, water quality and aquifer recharge,
noise pollution, air quality, and wildlife habitat. Every denial will
be documented in writing clearly indicating the reasons for the denial.
All replacement plantings shall be guaranteed and maintained
in a healthy and/or sound condition for 18 months following the time
of planting, issuance of use and occupancy permit, release of escrow,
or acceptance of dedication of improvements, whichever occurs last,
and shall be replaced in accordance with § 123-146 of this
article. At the Township's discretion, the applicant may be required
to escrow sufficient funds for the maintenance and/or replacement
of the proposed vegetation during the eighteen-month replacement period.
In addition, an escrow may be required during this eighteen-month
replacement period in such amount as the Board of Supervisors shall
reasonably determine to ensure that heritage trees designated for
preservation are not removed or damaged during construction.
A.Â
The penalty for any violation of this chapter shall be in accordance
with any or all of the following:
B.Â
Any person who violates this Part 9, including property owners, tenants, occupants, tree companies, landscapers, arborists or gardeners, may be held liable for a violation of this chapter. If any violation occurs during construction, the Township will issue a stop-work order suspending and prohibiting further activity on the property until a tree replacement/mitigation plan, including protection measures for the remaining trees on the property, has been approved by the Township Landscape Architect.
