For the purpose of this chapter, the following terms shall have
the meaning ascribed to them in this section:
BUFFER
A designated area between two uses deemed incompatible with
each other or along the perimeter of a natural feature to be protected
from an incompatible use or along the perimeter of that use, which
will absorb or otherwise preclude such incompatibility and shall be
permanently maintained.
HEDGEROW
A line of plants that may occur naturally where seeds collect
and are left undisturbed, such as along fence lines, property lines
or between fields, or that is specially planted, e.g., to act as a
windbreak.
MINIMIZE
To reduce to the smallest amount possible using best management
practices. "Minimize" shall not mean complete elimination but shall
require that the most substantial efforts possible, under the circumstances,
have been taken to reduce the adverse effect of the action required
to be minimized. With respect to activities, the conduct of which
is adverse to the conservation of the natural features of land, the
requirement to minimize shall include but not be limited to the requirements
that the placement of dwellings and other structures and the location
of roads, sedimentation and erosion control devices and earthmoving
activities shall be planned and designed so as to permit the adverse
effect of the activity in question to be reduced to the smallest amount
possible under the circumstances consistent with the otherwise permitted
development.
NATURAL FEATURE
A component of a landscape existing or maintained as a part
of the natural environment and having ecological value in contributing
beneficially to air quality, erosion control, groundwater recharge,
noise abatement, visual amenities, human recreation, reduction of
climatic stress or energy costs. Such features include those that,
if disturbed, may cause hazards or stress to life, property and the
natural environment.
PERMIT
A permit, in writing, as issued by the Borough Manager of
the Borough of Jenkintown.
[Amended 2-24-2014 by Ord. No. 2014-2]
PERSON
Any individual, firm, partnership, association, corporation
or organization of any kind.
PUBLIC RIGHT-OF-WAY
For purposes for this chapter only, any public area, including
the width of the street encompassing the cartway, curb and area reserved
for or already having sidewalks.
SHADE TREE
For purposes of this chapter, any tree, shrub or other woody
plant in or upon any public street, park, parkway or other public
area, or that part of any tree, shrub or other woody plant which extends
within the lines of any public street, park, parkway or other public
area within the Borough of Jenkintown.
SITE DISTURBANCE
Any activity which causes land on a given site to be exposed
to the danger of erosion, including removal of vegetation, clearing,
grading, filling, plowing and other types of earthmoving.
SPECIMEN PLANT
A specifically selected plant considered worthy of conservation
by the Borough because of species, size, shape, form, historical importance,
or any other significant characteristic, particularly as applied to
trees over 20 inches in diameter as measured at breast height.
[Amended 2-24-2014 by Ord. No. 2014-2]
A written permit from the Borough is required for trees to be
planted upon or removed from any public right-of-way, park, parkway
or other public area. The Borough Manager may call upon the Shade
Tree Commission for advice regarding the issuance of such permits.
No tree shall hereafter be planted in or upon the public right-of-way,
parks, parkways or other public areas within five feet of any driveway
entrance. No tree shall be planted adjacent to an intersection in
a manner so as to dangerously obscure visibility at such intersection
by pedestrians or vehicle operators. No tree on private property adjacent
to the front sidewalk shall be planted within five feet of said sidewalk
without the approval of the Shade Tree Commission.
Notwithstanding any other provisions of this chapter, the Borough
shall have the right, without prior notice to any property owner,
to perform any acts necessary to abate any clear, present and immediate
threats to the public health, safety or welfare caused by the condition
of shade trees or parts thereof. The Borough shall have the right
to assess the cost of such summary abatement against the person whose
action or inaction caused such threats to the public health, safety
or welfare.
The Commission shall, on at least a decennial basis, identify
those trees that constitute, in the Commission's opinion, special
"specimen" trees having particular historical, cultural, community
value and shall develop methods, procedures and rules for the maintenance
and preservation of such specimen trees.
The conservation measures listed below shall be taken during
site preparation activities. At the discretion of the Borough and
in addition to the measures listed below, the Borough may require
a prior-to-construction meeting with the applicant or site contractor
to further determine methods to minimize environmental damage.
A. Protection of vegetation from mechanical injury and grading change.
(1) All woody vegetation to be retained within 25 feet of a building
site, parking area or other proposed improvement shall be protected
from equipment by snow fencing or other effective barriers; fencing
or barriers around trees shall be placed at the dripline, unless determined
to be appropriate at another location by the Commission.
(2) Equipment operators shall not damage existing tree trunks and root
systems by driving equipment within or otherwise disturbing the area
circumscribed by the dripline of any tree. In addition, roots shall
not be cut or disturbed within the area circumscribed by the dripline
for a utility line within the tree dripline. It is strongly encouraged
that tunneling, rather than trenching, be used to minimize potential
damage to tree root systems. In such cases, the Commission shall determine
the most desirable location for the survival of the tree(s). Where
trenching is unavoidable, trenching holes shall be filled as soon
as possible and tamped lightly to avoid the creation of air spaces.
(3) Tree trunks and exposed roots damaged during construction shall be
protected from further damage by fencing or other structural barrier.
Treatment of damaged areas shall be dictated by the nature of the
injury, e.g., damaged bark shall be cut back to a point where the
bark is intact and tight to the tree; exposed roots shall be cleaned
up and covered with topsoil; and tree limbs shall be cut back in proportion
to root area loss. In such cases, the Commission shall have the authority
to determine the treatment technique(s) most suitable to the damaged
area. In addition, where stipulated by the Commission, liquid or dry
fertilizer shall be applied to trees with disturbed root zones to
compensate for loss of roots.
(4) Trees shall not be used for roping, cables, signs, fencing or lighting.
Nails and spikes shall not be driven into trees.
(5) The area around the base of existing woody vegetation shall be left
open. No impervious cover, storage of equipment, materials, debris
or fill shall be allowed within the dripline of any existing tree.
(6) Grade changes to occur at any location on the property shall not
result in an alteration to soil or drainage conditions which would
adversely affect existing vegetation to be retained following site
disturbance, unless adequate provisions are made to protect such vegetation
and its root systems.
(7) The Commission may require that specimen plants with significant
historic, visual or environmental qualities, which would otherwise
be removed during site preparation, be transplanted elsewhere on the
site.
(8) Should any existing vegetation on the site not scheduled or permitted
to be removed be irreparably damaged during site preparation and die
within 18 months of the conclusion of site disturbance activities,
such vegetation shall be replaced with similar vegetation.
(9) When backfilling and grading around trees, the soil level within
the area extending from the trunk to the dripline of the tree shall
not be altered by more than two inches plus or minus.
B. Protection of vegetation from excavations.
(1) When digging trenches for utility lines or similar uses, disturbances
to the root zones of all woody vegetation shall be minimized.
(2) If trenches must be excavated in the root zone, all disturbed roots
shall be cut as cleanly as possible. The trench shall be backfilled
as quickly as possible, avoiding soil compaction.
(3) If trenches are to remain open for a period greater that eight hours,
any exposed tree roots shall be covered with burlap and thoroughly
wet down each day for the duration of the work.
Whenever it is necessary for the Commission of the Borough to
trim or remove trees by reason of the failure of the property owner
so to do after 30 days' notice, the Borough may levy and collect
costs thereof from the owner of the property. The cost of such work
shall be a lien upon the premises from the time of the commencement
of the work, which date shall be fixed by the Commission, and shall
be filed by the Secretary of the Commission. Any such lien may be
collected by a civil action or a lien filed in the manner provided
by law for the filing and collection of municipal claims. The Borough
Manager shall cause 30 days' written notice to be given the persons
against whose property an assessment has been made, which notice shall
state the amount of the assessment, the time and place of payment
and a certificate from the Commission as to the work performed. In
the event of nonpayment within 30 days thereafter, the same may be
collected as herein provided.
The Commission shall submit an annual budget on or prior to
the October meeting of the Public Works Committee of Borough Council,
showing anticipated expenditures for the following year. Borough Council
may appropriate such funds as may be necessary and appropriate for
the expenses of the Commission. The members of the Commission shall
serve without compensation.
The Shade Tree Commission shall prepare a list of approved plantings
for placement within the right-of-way, and such list may be set and
revised as found necessary by the Borough Council by resolution.