[HISTORY: Adopted by the Board of Commissioners of the Township
of Radnor 11-24-2003 by Ord. No. 2003-21;[1] amended in its entirety 2-11-2013 by Ord. No. 2012-05. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Clearing — See Ch. 144.
Contractors — See Ch. 145.
Subdivision of land — See Ch. 255.
[1]
Editor's Note: This ordinance also repealed former Ch. 263,
Trees, adopted 10-27-1997 by Ord. No. 97-34, as amended.
The purpose of this chapter is to provide a mechanism for the
establishment of a commission which shall encourage proper selection,
planting, replanting and care and establish protective regulations
for trees within Radnor Township in order to control problems of air
and noise pollution, soil erosion, aesthetic depreciation, maintain
maximum tree cover and to make Radnor Township a healthier and safer
place to live.
A commission to be known as the Shade Tree Commission is hereby
established.
A.
The Commission shall be comprised of seven residents of the Township,
with one resident from the Planning Commission who shall be appointed
annually, all of whom shall serve without compensation. Where applicable,
at least three of the members should be professionally trained in
horticulture, arboriculture, forestry or an associated field.
[Amended 12-12-2022 by Ord. No. 2022-12]
B.
On the expiration of the term of any Shade Tree Commissioner, a successor
shall be appointed by the Board, to a term of five years.
C.
Vacancies in the office of Shade Tree Commission shall be filled
by the Board of Commissioners for the unexpired term.
D.
Any Commission member may be removed at the discretion of the Board
of Commissioners.
A.
The singular number includes the plural, and the plural includes
the singular. The masculine gender includes the feminine and neuter.
B.
APPLICANT
AREA OF DISTURBANCE
BOARD
CLEARING PERMIT
COMMEMORATIVE SHADE TREE FUND
COMMERCIAL DISTRICT
DBH (DIAMETER AT BREAST HEIGHT)
DEAD TREE
DEVELOPER
EMERGENCY TREE
FORESTRY MANAGEMENT
HAZARD TREE
HERITAGE TREE
INVASIVE PLANTS
PARKS AND RECREATION BOARD
PERMIT
PERSON
PLANNING COMMISSION
PROTECTIVE TREE PRESERVATION FENCE
PUBLIC PROPERTY
PUBLIC STREET OR HIGHWAY
SHADE TREE
SHADE TREE COMMISSION
STREET TREE
STREET TREE PERMIT
TREE REPLACEMENT FORMULA
(1)
(2)
(3)
TREE SPECIES
TOWNSHIP
TOWNSHIP ARBORIST
TOWNSHIP ENGINEER
TOWNSHIP MANAGER
As used in this chapter, the following terms shall have the meanings
indicated:
A landowner or developer as hereinafter defined who has filed
an application for a subdivision or land development, or an application
for a grading or clearing permit, or a permit for either an emergency
tree removal or other tree removal within the jurisdiction of the
Shade Tree Commission.
An area proposed to be disturbed in any manner, temporary
or permanent, as a result of construction activities, plus a buffer
zone of 20 feet.
The Board of Commissioners of the Township of Radnor.
The clearing or removal of six or more trees annually, each
having a DBH of six inches or greater on any property or adjacent
properties under single ownership.
A fund comprised of contributions from interested persons
and other entities, including payments in lieu of replanting requirements
and fines levied, for the purpose of maintaining the wooded character
of the streets and lands within the Township.
Includes CO, C1, C2, WBOD, C3, PB and Garrett Hill Zoning
Districts.
Standard measurement of a tree's diameter taken at breast
height (4 1/2 feet above the ground or 1.5 meters).
A tree that is no longer alive, has been removed beyond repair,
or is in an advanced state of decline (where an insufficient amount
of live tissue, green leaves, limbs or branches exists to sustain
life) and has been determined to be in such a state by a certified
arborist during a nondormant or other natural stage of the tree that
would minimize the likelihood that the tree would be mistakenly identified
as being in such a dead state.
Any landowner, agent of such landowner, or tenant with the
permission of such landowner who makes, or causes to be made, a subdivision
of land or a land development, or who has applied for a permit within
the jurisdiction of the Shade Tree Commission.
A tree that is currently failing or has failed.
The branch of forestry concerned with the overall administrative,
economic, legal, scientific and technical aspects of silvicultural
and forest regulation. This includes management for aesthetics, fish,
recreation, urban values, water, wilderness, wildlife, wood products,
forest genetic resources and other forest resource values. Management
can be based on conservation, economics or a combination of the two.
Techniques include timber extraction, thinning, planting and replanting
of various species, and/or the establishment of roads and pathways
through forests, and the prevention of fire hazards.
Any tree that may fail due to mortality or a structural defect
or changed stand conditions and, as a result, may cause property damage
or personal injury.
A tree having a thirty-inch-or-greater DBH.
Nonindigenous species or strains that become established
in natural plant communities and wild areas, replacing native vegetation.
Invasive plants are introduced species that can thrive in areas beyond
their natural range of dispersal. These plants are characteristically
adaptable, aggressive, and have a high reproductive capacity. Their
vigor combined with a lack of natural enemies often leads to outbreak
populations.
The Park and Recreation Board of Radnor Township.
A permit in writing as issued by the Township Manager or
Township Engineer pursuant to application approval by the Shade Tree
Commission.
Any individual, firm, association, partnership, corporation
or any other legal entity, other than the Township.
The Planning Commission of Radnor Township.
A temporary fence installed, at minimum, around the dripline
of any tree which is to be preserved during construction or demolition
operations, inside of which no grading, storing or dumping of any
material may occur. Chain link fence shall be six feet tall with two-inch
mesh chain link fabric. Two-inch posts shall be tied with six-gauge
aluminum wire ties at 24 inches on center. Posts shall be a minimum
of two feet in the ground and space of 10 feet on center. Plastic
zip ties may not be used.
All property owned or under the control of the Township,
including but not necessarily limited to all property of the school
district of Radnor Township, all public parks and playgrounds, municipal
building property, public library and fire station(s).
Any Township right-of-way, a portion of which is used for
vehicular or pedestrian travel.
Any tree with a six-inch-or-greater DBH that is subject to
review and/or approval by the Shade Tree Commission under any section
of this chapter.
A commission established pursuant to powers granted by the
Radnor Township Home Rule Charter.
Any tree on any public property or public street or highway
in Radnor Township.
A permit in writing issued by the Township Manager upon application
approval to any arborist or person certified by the International
Society of Arboriculture (ISA) to do any work on a shade or street
tree in Radnor Township.
Replacement of any tree removed or recommended to be removed
by the Shade Tree Commission as follows:
6 to 18 inch DBH removed
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1 replacement tree
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19 to 29 inch DBH removed
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3 replacement trees, two being large canopy trees
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30 inch DBH or greater removed
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6 replacement trees, four being large canopy trees
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All replacement trees shall have a minimum two to two and one-half-inch
DBH.
See approved Township tree replacement list on Appendix A[1] for listing of species that should be used as replacement
trees.
All existing and/or replacement trees shall include both
the common name and botanical name (e.g., red maple-acer rubrum).
The Township of Radnor.
The duly appointed arborist of the Township or his designee.
The duly appointed engineer of the Township or his designee.
The duly appointed manager of the Township or his designee.
[1]
Editor's Note: Appendix A is included at the end of this chapter.
A.
General.
(1)
The Shade Tree Commission shall advise the Township when necessary
on recommended locations for new trees and/or the removal of unsuitable
trees on all streets within the Township.
(2)
The Shade Tree Commission shall recommend and publish on the Township
website suitable species of trees for planting and replanting pursuant
to the tree replacement formula along streets and in other areas,
as well as appropriate size, spacing, planting, bracing, fertilization,
maintenance and pruning of trees.
(3)
The Shade Tree Commission may, with approval of the Board of Commissioners,
consult the Township arborist to advise on suitable species or trees,
their planting, durability, rate of growth, litter tendencies, care,
protection and treatment, tolerance to impervious coverage and traffic,
and other such advice that may be useful or appropriate to the duties
and responsibilities of the Shade Tree Commission. All fees and other
costs incurred pursuant to this section shall be reimbursed to the
Township by the applicant.
(4)
The Shade Tree Commission shall recommend to the Board of Commissioners
rules and regulations to further carry out its duties and responsibilities,
which may include the issuance of mandatory or voluntary guidelines
governing the planting, maintenance and removal of trees.
(5)
The Shade Tree Commission may periodically conduct a survey of heritage
trees within the Township and shall encourage the protection of all
such trees. No entry on private property shall be made without written
or verbal permission from the landowner.
(6)
The Township shall administer the Commemorative Shade Tree Fund.
(7)
The Shade Tree Commission shall hold public meetings on a regular
basis, but not less frequently than eight times a year, and shall
publish its schedule. Meetings and notices thereof shall be governed
by the Radnor Township Home Rule Charter and appropriate state law.
(8)
At the end of each year the Shade Tree Commission shall submit an
annual report to the Board of Commissioners summarizing its yearly
activities and its plans for the next year.
B.
The Shade Tree Commission shall review or cause to be reviewed all
applications submitted to the Township for the following:
(1)
Land development.
(2)
Subdivision.
(3)
Grading in excess of 200 cubic yards.
(4)
Grading for parking lots of five or more cars.
(5)
Clearing on any property of six or more trees annually, each having
a DBH of six inches or greater.
(6)
Removal of a heritage tree in a nonemergency situation. Documentation
must be provided to the Shade Tree Commission following emergency
cleanup and mitigation.
(7)
Forestry management (thinning, herbicide applications, timber retail).
(8)
Forestry practices (selective thinning, invasive species control,
timber harvesting, replanting).
(9)
Pool permits.
(10)
Excavation in excess of 60 cubic yards.
C.
The Shade Tree Commission shall review, if directed by the Township
Engineer or Director of Community Development, any applications submitted
to the Township for the following:
D.
Notwithstanding the requirements of this section or any other section
of this chapter, the following species of Ash trees, including horticultural
cultivars of each species, are exempt from the requirements of this
chapter.
[Added 9-11-2017 by Ord.
No. 2017-13]
A.
In the case of immediate necessity for the protection of life or
property, any shade or street tree described in this chapter may be
removed without first obtaining a permit. The property owner or designee
shall report the emergency removal to the Township within 10 days
of removal. If applicable, a hazardous tree report, including relevant
documentation and photographs, shall be submitted by a certified arborist.
B.
Hazardous tree removal. The property owner is to contact the Township
or fill out an online application before removing the tree. When the
application has been approved by the Township, the tree may be removed.
C.
If, upon determination by the Director of Public Works, or his/her
designee, and after consultation with the Township Arborist that a
tree or trees on private property adjacent to areas of public use,
including but not limited to streets, sidewalks, bus stops, and public
parks, are considered a hazard tree, or such trees are in imminent
danger of falling or creating property damage or personal injury,
the applicable property owner shall be notified of the hazard tree.
The Township Arborist shall draft a report documenting the hazard
and recommending removal, including the appropriate time frame for
removal. The property owner shall be provided a copy of the report
of the Township Arborist, a copy of this subsection, and a time frame
for removal of the hazard tree in whole or in part. Thereafter, if
the property owner is unable to remove the hazard tree, the Township
will remove the hazard tree upon permission from the property owner
and will be reimbursed by the property owner for the full cost of
the removal. Payment plans shall be made available to property owners
and the Township reserves the right to file a lien against the benefitted
property should payment not be made in full. Should permission to
remove the hazard tree be denied, the Township reserves the right
to file a complaint in equity, including attorneys' fees and costs
of suit, requesting permission to enter the property and remove the
hazard tree.
[Amended 9-12-2022 by Ord. No. 2022-09]
D.
Emergency tree removals shall not require Shade Tree Commission approval
prior to the tree being removed, provided that the Township has been
notified by the property owners.
A.
License required. Effective the date of this chapter, it shall be unlawful for any person, firm, or corporation to prune or remove a street tree within the jurisdiction of the Shade Tree Commission without first having obtained a license as a specialty contractor from the Community Development Department, as required by Chapter 145 of the Township Code.
B.
Application. Applications for license shall be made on a form provided
by the Township and shall include name and address of the business,
partnership or corporation, and the name of the individual to be licensed,
along with any additional information which the Township may require.
C.
Certification. Upon the filing of an application for license, applicants
shall be required to provide evidence of current certification through
the International Society of Arboriculture. Certification as an ISA
arborist shall be required for renewal of a contractor's license pursuant
to this subsection.
D.
Insurance requirements.
(1)
All applications for a license shall include proof of general liability
insurance coverage and worker's compensation insurance coverage in
the following amounts:
(a)
General liability: coverage for personal injury in a minimum
amount of $1,000,000 per occurrence and in the aggregate, and property
damage in a minimum amount of $250,000 per occurrence and in the aggregate.
In the alternative, a combined coverage of $1,000,000 of personal
injury and property damage per occurrence and $1,250,000 in the aggregate
may be provided.
(b)
Worker's compensation: coverage as is required by the Commonwealth
of Pennsylvania.
(2)
All policies shall be issued and in full force and effect before
commencement of any construction. All insurance coverages shall not
be altered, modified or canceled without the express written consent
of the Township.
A.
Land development/subdivision. In addition to any applicable requirements
of the Radnor Township Subdivision and Land Development Ordinance,[1] all applicants shall submit to the Shade Tree Commission
the following information contemporaneously with the filing of the
land development or subdivision plan:
(1)
The applicant shall submit a plan illustrating:
(a)
The size, species and location of all shade trees and street
trees with a DBH of six inches or greater which are in the proposed
area of disturbance.
(b)
All trees to be removed designated with an X; and listed in
report form with species, size and general point of location on property.
(c)
Approximate location of trees listed in plan form with species,
size, on adjoining properties that are located within 10 feet of the
property line (said locations can be approximated from the subject
property or via existing aerial photographic data).
(2)
A planting plan shall also be required illustrating the size, species
and location of trees to be planted in compliance with the tree replacement
formula. The planting plan shall include a chart summarizing sizes
and species of trees to be removed and trees to be planted.
(3)
The plan(s) shall illustrate the location of protective tree preservation
fence around trees to remain, including a detail of such. Additionally,
the following measures must be addressed by the applicant and inspected
by the Township Engineer or Township Arborist prior to the start of
work or issuance of the permit: protective tree preservation fence
must be installed. All trees to be removed within the area of disturbance
must be clearly marked at the base of each tree with visible, permanent
forestry-type paint in the color of pink indicating the status of
each tree. All trees to remain within the area of disturbance must
be clearly marked at the base of each tree with forestry-grade flagging
tape in green color.
(4)
In addition to the requirements of § 255-38 of the Radnor Township Subdivision and Land Development Ordinance, shade trees and street trees shall be planted by the applicant or developer for any land development or subdivision as follows:
(a)
Along both sides of new streets.
(b)
Along new sidewalks.
(c)
Along both sides of existing streets, highways, sidewalks, pedestrian
ways, bicycle trails or pathways when they abut or lie within the
subdivision or land development.
(d)
Along both sides of access driveways to residential development.
(5)
The Shade Tree Commission shall review the proposed application for
compliance with the requirements of the Township's tree replacement
formula. The Shade Tree Commission shall also consider the impact,
if any, on all trees with a DBH of six inches or greater and shall
make recommendations for the preservation of existing trees and for
the species, location and size of new plantings. Such recommendations
shall be made in writing to the Planning Commission.
B.
Grading and clearing permits.
(1)
The application for a grading permit for grading in excess of 200
cubic yards, or for grading in a parking lot of five or more cars
or in connection with a pool permit, shall be made in writing to the
Township Engineer upon forms available on the Township website, together
with the required filing fee.
(2)
The application for a clearing permit on any lot in which six or
more trees of six or more inches or greater DBH or upon which a heritage
tree is proposed to be removed shall be made in writing to the Township
Engineer upon forms available on the Township website, together with
the required filing fee.
(3)
The applicant shall submit a plan, including:
(a)
The size, species and location of all shade and street trees
with a DBH of six inches or greater which are in the proposed area
of disturbance.
(b)
All trees to be removed designated with an X.
(c)
Approximate location of trees on adjoining properties that are
located within 10 feet of the property line (said locations can be
approximated from the subject property or via existing aerial photographic
data). A planting plan shall also be required illustrating the size,
species and location of trees to be planted in compliance with the
tree replacement formula. The plan shall include a chart summarizing
sizes and species of trees to be removed and trees to be planted.
(4)
The plan(s) shall illustrate the location of protective tree preservation
fence around trees to remain, including a detail of such. Additionally,
the following measures must be addressed by the applicant and inspected
by the Township prior to the start of work or issuance of the permit:
(a)
Protective tree preservation fence must be installed and maintained
until the work is complete and not removed until directed by the Township.
(b)
All trees to be removed within the area of disturbance must
be clearly marked at the base of each tree with visible, permanent
forestry-type paint in the color of pink indicating the status of
each tree. All trees to remain within the area of disturbance must
be clearly marked at the base of each tree with forestry-grade flagging
tape in green color.
(c)
For every 30 trees to be removed, the applicant must provide
five photographs capturing as many trees as possible to obtain a broad
spectrum of the proposed property to be cleared and/or areas of six
or more trees to be removed.
(5)
The Shade Tree Commission shall make a recommendation regarding each
grading or clearing permit plan before it and provide a written basis
for its findings. Upon recommendation of the Shade Tree Commission,
the Township Engineer may issue a grading or clearing permit.
(6)
The Shade Tree Commission may, in its discretion as a condition of
a permit, recommend that the applicant file a bond or to deposit security
satisfactory to the Township to guarantee compliance with the terms
and conditions upon which the permit is issued.
(7)
In the event that replanting is impractical or impossible on site as determined by the Shade Tree Commission, the applicant shall make payment to the Commemorative Shade Tree Fund in lieu of replanting in accordance with the tree replacement formula set forth at § 263-4 of this chapter, or may plant the required trees in locations in need in the Township.
C.
Removal of a heritage tree; trees greater than 30 inches in DBH.
(1)
Removal of heritage trees is strongly discouraged. The application
for the removal of a heritage tree shall be made in writing to the
Township Engineer upon forms published on the Township website, together
with the required filing fee.
(2)
The plan shall illustrate the size, species and location of the heritage
tree that is proposed to be removed, and the size, species and location
of new trees to be planted in compliance with the tree replacement
formula. Three to five photographs of the proposed heritage tree to
be removed must accompany the application: 1) at the base of the trunk
at ground level; 2) the entire tree if possible; 3) the subject area
of concern (defect, crack). If the applicant cannot produce photos,
an on-site visit may be necessary.
(3)
The Shade Tree Commission shall approve or disapprove each heritage
tree permit application in accordance with this chapter. If the removal
of a heritage tree is approved, the applicant shall replace each heritage
tree DBH for DBH, unless such replacement planting on site is impractical
or impossible, in which event the applicant shall contribute a fee
in lieu of such planting to the Commemorative Shade Tree Fund or shall
plant the required trees in locations in need in the Township.
D.
Tree removal and tree planting in commercial districts.
(1)
The application for tree removal in a commercial district shall be
made in writing to the Township Engineer upon forms furnished on the
Township website, together with the required filing fee and shall
be required when one or more trees of two and one-half inches in DBH
or larger are to be removed from a commercially zoned property.
(2)
A plan shall be submitted illustrating the size, species and location
of the tree that is proposed to be removed, and the size, species
and location of new trees to be planted in compliance with the tree
replacement formula.
(3)
The Shade Tree Commission shall review the application for compliance with the requirements of the Township's tree replacement formula at § 263-4.
(4)
The Shade Tree Commission shall approve or disapprove each application
it receives and provide a written basis for its findings. If approved,
the Township Engineer may issue a tree removal permit.
(5)
In the event that replanting is impractical or impossible on site as determined by the Shade Tree Commission, the applicant shall make payment to the Commemorative Shade Tree Fund in lieu of replanting in accordance with the tree replacement formula as set forth at § 263-4, or shall plant the required trees in locations in need in the Township.
E.
Demolition permit.
(1)
The application for a demolition permit shall be made in writing
to the Director of Community Development upon forms furnished by him,
together with the required filing fee.
(2)
The applicant shall be required to submit a plan illustrating the
size, species and location of all shade and street trees with a DBH
of six inches or greater which are in the proposed area of disturbance;
all trees to be removed designated with an X [It is recommended that
permanent spray paint be used for trees to be removed (pink) and trees
to remain with forestry flagging tape (green)]; and approximate location
of trees on adjoining properties that are located within 10 feet of
the property line (said locations can be approximated from the subject
property or via existing aerial photographic data).
(3)
All demolition permits and other tree removal applications shall meet the tree replacement formula as set forth at § 263-4 of this chapter.
(4)
The Shade Tree Commission shall approve or disapprove each application
and provide a written basis for its findings. If approved, the Director
of Community Development may issue a demolition permit.
(5)
In the event that replanting is impractical or impossible on site as determined by the Shade Tree Commission, the applicant shall make payment to the Commemorative Shade Tree Fund in lieu of replanting in accordance with the tree replacement formula as set forth at § 263-4 or may plant the required trees in locations in need in the Township.
A.
Planting.
(1)
Street trees shall be planted by the developer for any land development
or subdivision as follows:
(2)
The Shade Tree Commission encourages all residents to plant, maintain
and assume stewardship for street trees within the Township. Appropriate
species and recommended sizes for new or replacement trees are listed
on Appendix "A" of this Chapter and can be viewed on the Township's
website. The Township reserves the right to amend and update Appendix
"A" by separate resolution on an annual basis.[1] Careful attention should be given to encouraging proper
planting, especially under utility wires. As to location, it is advisable
to consult the Shade Tree Commission for appropriate locations for
new street trees.
[Amended 6-11-2018 by Ord. No. 2018-06]
[1]
Editor's Note: Appendix A is included at the end of this chapter.
(3)
Whenever any street tree shall be planted in violation of this chapter,
or an unsuitable species is planted, or a street tree is planted in
an inappropriate location due to traffic sight lines, overhead wires,
insufficient area for root growth or similar conditions, the Township
may remove the street tree at the cost of removal to the owner of
the property.
B.
Maintenance of street trees.
(1)
The cost and expenses of planting, pruning, maintaining, fertilizing,
protecting and caring for street trees shall be borne by the Township
unless the Township determines that a property owner is responsible.
(2)
Any firm, subcontractor, certified arborist or person contracted
to prune or otherwise maintain or remove a street tree must first
apply to the Township for an annual permit to perform such activities.
Certification shall be from the International Society of Arboriculture
(ISA).
(3)
Public utilities wishing to do routine maintenance shall apply to
the Township for an annual permit to perform such activities. The
permit application shall specify the kind of work the utility desires
to perform and the area where the operation will occur during the
period of the permit.
(4)
Whenever, in order to take down or prune any street tree, it shall
be deemed necessary to remove any wire or wires, every person or utility
having any such wire(s) running through a public street or highway
shall temporarily remove the same or cut off the flow of the current
therefrom within 24 hours after service of written notice from the
Township Manager to do so. Notice may be made by regular mail. Tree
trimming near energized electrical conductors may be done by certified
arborists trained to work in these conditions.
C.
Acts injurious to street trees. Except in case of necessity for protection
of life or property, it shall be a violation of this chapter for any
person to do any of the following acts:
(1)
To cut down any street tree.
(2)
To interfere or come in contact with the roots of any street tree.
(3)
To cut into, drive nails or spikes into, break, climb with spurs,
or injure in any manner a street tree.
(4)
To place any rope, guy wire, cable, sign, poster or other fixture
on a street tree.
(5)
To injure, misuse or remove any device placed to protect a street
tree.
(6)
To discharge or pour salt, salt water, oil or other noxious liquids
or materials on a street tree or around its base.
(7)
To place any stone, cement or other material on a street tree or
around its base so as to impede the natural passage of water and air
into its roots.
(8)
To attach any electrical wire, insulator or any device for the holding
of an electrical wire to any street tree, without first obtaining
a permit.
This chapter shall be enforced by the Township Engineer and/or
other designated Township representative in order to carry out the
requirements of this section.
A.
An obligation escrow agreement shall be established by the applicant
with the Township for all approved land development/subdivision applications,
grading, clearing, commercial development applications, pool permits,
woodland thinning, tree planting, and demolition permits (collectively
the "approved permits").
B.
The obligation escrow agreement is to guarantee the applicant's compliance
with the approved permits under this chapter and shall be established
in a form and manner to be approved by the Township prior to the commencement
of any tree planting or tree removal.
C.
Prior to the removal or planting of any required trees, an applicant
shall be required to place in escrow the following amounts:
(1)
An amount equal to $500 per tree scheduled to remain up to a maximum
of $7,500, unless waived or modified by the Township Engineer;
(2)
An amount equal to a minimum of $18/LF of tree protection preservation
fence or the amount set annually by the Board of Commissioners, as
required by the approved permit;
(3)
An amount equal to $500 per newly installed replacement tree, unless waived or modified by the Township Engineer, for inspections in accordance with § 263-8; and
(4)
In the event that replanting is impractical or impossible on site, the applicant shall make payment to the Commemorative Shade Tree Fund in lieu of replanting in accordance with the tree replacement formula as set forth in § 263-4, or may plant the required trees in locations in need in the Township.
D.
In the event that an applicant removes any tree in violation of an
approved Township plan or permit, the applicant shall forfeit $500
for each tree as a penalty and an additional $500 necessary to replace
the tree removed in violation of an approved plan or permit.
This chapter shall be enforced by the Township Manager and his
duly authorized representatives, and the Township Manager shall carry
out and enforce the recommendations of the Shade Tree Commission.
A.
Fines shall be levied under the following circumstances:
(1)
Failure to conform with a plan approved by the Shade Tree Commission.
(2)
Failure to install protective tree preservation fence on a construction
site, or to remove such a fence during construction or clearing operations,
or to violate the purpose of the fence by storing materials within
the fence, thereby damaging tree roots.
(3)
Injury or injuries (as described in § 263-9C) or removal of any street or shade tree in violation of this chapter.
(4)
Upon the determination of the Township Engineer that an applicant
or his/her representative has violated or permitted the violation
of this chapter, the applicant shall pay a fine to the Township of
$250 per day or $350 per tree unlawfully removed, or such other fine
as is determined to be equitable by the Township Engineer. Once the
Township Engineer determines the fine, the applicant shall have 10
days within which to pay the fine or the Township will institute a
civil enforcement complaint in District Justice Court.
B.
Any person, partnership or corporation which has violated or permitted
the violation of the provisions of this chapter shall, upon being
found liable in a civil enforcement proceeding commenced by the Township,
pay a minimum fine of $500 per day up to a maximum of $1,000 per day,
plus all court costs, including reasonable attorneys' fees incurred
by the Township as a result of the violation. Each day the violation
continues shall constitute a separate violation.
C.
If any tree has been injured, cut down or removed in violation of
this chapter, an applicant or person shall replace the tree with a
new tree or trees of a size and species to be recommended by the Shade
Tree Commission. The cost and maintenance of the new tree shall be
the responsibility of the violator for a period of two years during
which time the violator shall be responsible to replace the tree if
it dies or becomes diseased within that two-year time period.
Any penalties or assessments imposed under the chapter shall
be paid to Radnor Township and deposited in the Commemorative Shade
Tree Fund.
A.
Any person who wishes to contest any decision of the Shade Tree Commission
or any fines and/or penalties shall have the right to appeal, in writing,
to the Board of Commissioners, within 20 days of the date of the alleged
action pursuant to the Local Agency Law.[1]
[1]
Editor's Note: See 2 Pa.C.S.A. § 105 et seq.
B.
On any appeal to the Board of Commissioners, the Board shall consider
individual hardship considerations of the property owner with respect
to cost, property maintenance and stewardship of the property, and
such other factors deemed appropriate by the Board.