[HISTORY: Adopted by the Board of Supervisors of the Township of Whitemarsh 6-23-2005 by Ord. No. 803; amended in its entirety 12-8-2022 by Ord. No. 1020. Subsequent amendments noted where applicable.]
[1]
Editor's Note: Former Ch. 55, Fire Prevention, adopted 12-13-1984 by Ord. No. 502, as amended, was repealed 6-24-2004 by Ord. No. 791.
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.
CLEAR CUTTING
The removal of all trees from any lot.
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.
SHADE TREE COMMISSION
The Township's Shade Tree Commission.
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.
A. 
Unless exempt, any property owner or developer who makes application for an earth disturbance permit, grading permit, demolition permit, building permit, subdivision, land development, or zoning change application shall comply with the terms of this chapter.
B. 
No clear cutting shall be permitted.
C. 
Except as to heritage trees, this chapter is not intended to apply to:
(1) 
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 Township ordinances or an application approved by the Township.
(2) 
The removal of trees for sale in the ordinary course of business from horticultural properties, such as farms, nurseries, or orchards.
(3) 
The removal of trees required for approved utility construction within established easement areas.
A. 
Determination of existing tree condition. Every existing tree is presumed to be living and healthy until confirmed otherwise by the Shade Tree Commission, or their designee. For trees in severe decline, hazard trees, and dead trees, the applicant shall provide documentation to the Shade Tree Commission whereby a certified arborist has recommended its classification in accordance with the definitions section of this chapter. Said documentation shall include a summary of the tree condition, with photographic evidence. Final determination of tree condition shall be subject to the approval of the Shade Tree Commission.
B. 
Maximum tree removal. The removal of more than 33% of trees, having a DBH of six inches or greater, on any lot, shall not be permitted.
C. 
Plans.
(1) 
With the exception of any action that does not include ground coverage disturbance, each and every application for an earth disturbance permit, grading permit, demolition permit, building permit, subdivision, or land development shall include a tree survey plan, and a landscape plan.
(2) 
The tree survey plan and the landscape plan shall be presented to the Shade Tree Commission at a public meeting to confirm compliance with the requirements of this chapter and any other applicable requirement within this code. Plans may be required prior to said meeting if an on-site meeting is required by the Township Engineer or Shade Tree Commission's designee.
(3) 
The tree survey plan shall:
(a) 
Identify the size, species, and location of all existing trees having a DBH of six inches or greater, denoting preserved tree/s, and removed tree/s.
(b) 
Except for trees in severe decline and hazard trees, identify any tree having a DBH of six inches or greater, removed within five years prior to the submission of an application. Any such tree shall be shown on the tree survey plan as a "removed tree" and shall be replaced in accordance with this chapter.
(c) 
Provide a comprehensive list of all living and healthy trees throughout the entire lot, having a DBH of six inches or greater, proposed for removal including those removed within five years prior to the submission of an application, with their respective size in DBH.
(d) 
Identify any heritage tree/s and boundary tree/s individually on the tree survey plan.
(4) 
The landscape plan shall:
(a) 
Contain existing and proposed topographic information at two-foot contour intervals and shall show all 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.
(b) 
Denote location and species of each preserved tree and all boundary trees, and the location of tree protection fences, encompassing the dimensions of each root protection zone as established by one of the following two means, whichever is greater:
[1] 
Calculated at 1.25 feet (radius) per one inch of (DBH) diameter breast height.
[2] 
A circle with a radius extending from a tree's trunk to a point no less than the furthest crown dripline.
(c) 
Denote the location and species (common and scientific names) of each replacement tree to be planted in conformity with this chapter. A table shall be provided indicating whether the species is native, and whether the tree is a canopy tree or understory tree. The replacement trees provided shall be itemized by species.
(d) 
Denote the location and identification of each tree and understory tree to be planted in conformity with any other chapter within this code, including but not limited to the landscape planting requirements in Chapter 105, Subdivision and Land Development. Each plant shall be referenced by its respective requirement chapter and paragraph. The total number of plants provided for each requirement shall be indicated.
(e) 
Include all requests for waiver, or modification, of requirements within this chapter, or for landscape planting requirements in any other chapter within this code, including, but not limited to Chapter 105, Subdivision and Land Development. Each waiver request shall cite the relevant provision or provisions by its associated chapter and paragraph.
(f) 
Include a project cover sheet (provided by Township staff).
D. 
Tree protection and preservation.
(1) 
Protective fencing. Every application subject to this chapter shall be prepared in such a manner to preserve the healthy trees and shrubs on the site. Prior to the preconstruction conference with the Shade Tree Commission's designee, protective fencing shall be placed around preserved trees, and boundary trees, to minimize damage to root systems.
(a) 
The protective fencing shall be placed around the root protection zone. The fencing shall be at least six feet tall with two-inch mesh chain link fabric. Two-inch posts shall be tied with six-gauge aluminum wires 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 in place of required six-gauge aluminum wire.
(b) 
The protective fencing shall be installed with care to avoid roots and placed encompassing the entire root protection zone of individual or groups of contiguous trees. Fencing shall be installed prior to any work being conducted, e.g., grubbing, excavation, grading, trenching, cleaning, or installation of silt fencing. The protective fencing shall be maintained throughout the entire period of construction.
(c) 
No fuel storage, refueling or maintenance of equipment, or wash down of cement handling equipment shall be permitted within 100 feet of any tree to be preserved.
(d) 
No activity of any sort relating to transplanting, demolition, grading, construction, storage, or any other activities shall occur beyond the limit of disturbance marked by the protective fencing. Nothing shall be stored, stockpiled, temporarily placed, or allowed in the root protection zone.
(e) 
Any damage to the fencing or encroachment on the protected areas shall be remedied immediately. Any observed damage to the trees shall be immediately reported to the Township and remedied as soon as is practicable. At the discretion of the Shade Tree Commission, preserved trees that have not been adequately protected or have been damaged may be required to be removed and replaced at the expense of the applicant.
(2) 
Preconstruction conference. Upon approval of any permit subject to this chapter, and prior to any construction, demolition, or earth disturbance on the site, a preconstruction conference shall be held on the site between the Shade Tree Commission's designee and the applicant. The Shade Tree Commission's designee will inspect the tree protection fences and other protective devices which have been installed to protect trees for compliance with the approved landscape plans.
(3) 
After the preconstruction conference, the Shade Tree Commission's designee will notify the Township of its findings in writing. Upon approval of the tree protection measures by the Township, demolition, grading, and construction may proceed, provided that all pertinent permits have been secured.
(4) 
Invasive vines. Invasive vines which threaten the health of any 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 out of the tree but shall be allowed to die in place.
(5) 
Credit for preserved trees in subdivisions and land developments. The requirements for trees in Class A buffer yards in the Subdivision and Land Development Ordinance shall, whenever possible, be met by preserving existing trees. However, the number of trees required to be planted in Class A buffer yards may be reduced by a credit for approved preserved trees as follows:
(a) 
Approved preserved trees around the perimeter of the property may offset the Class A buffer requirements for that site (as required by § 105-52, Buffer yards, of the Subdivision and Land Development Ordinance).
(b) 
Any tree preserved within 20 feet of any proposed building or within five feet of a proposed road or sidewalk shall not be considered an approved preserved tree.
(c) 
The credit for approved preserved trees to offset Class A buffer yard landscaping requirements shall be calculated as follows:
Diameter of Trunk of Preserved Tree
(dbh in inches)
Number of Trees Credited
30 or greater
8
18 to 29
6
12 to 17
4
6 to 11
2
(6) 
Replacement tree requirement.
(a) 
Every living and healthy tree with a DBH of six inches or greater and which is designated to be removed or which is destroyed, shall be replaced with one or more new canopy trees, of a type and species approved by the Shade Tree Commission or its designee, with a trunk diameter of not less than three inches in caliper. The total caliper of replacement trees, measured at six inches above the ground line, shall equal or exceed the DBH of the removed trees.
(b) 
No heritage tree shall be removed for any reason without the prior approval of the Board of Supervisors after recommendation by the Shade Tree Commission. Any heritage tree removed without approval by the Board of Supervisors shall require a mitigation plan, as described in this chapter.
(c) 
Replacement trees shall be planted in addition to the trees required by planting requirements otherwise set forth in the Subdivision and Land Development Code. All replacement trees shall have deer protection on the tree trunks at a minimum of 4 1/2 feet from the ground up to prevent bark damage without the use of chemicals. Said deer protection shall remain in place 18 months from the post-construction conference.
E. 
Species of replacement trees. The species of replacement trees shall be subject to the prior approval of the Shade Tree Commission. All species are to be hardy to the area, compatible with conditions present at the site, and noninvasive. No less than 75% of the canopy trees shall be native species, consistent with the provisions of this section. 100% of any understory trees to be provided upon approval of a request for waiver, as provided in this chapter, shall be native species.
F. 
Substitution trees. Upon request for waiver (or "modification of mandatory provision") by the applicant, as specified within this chapter under "Exception to literal enforcement of standards," and subject to approval by the Shade Tree Commission, a portion of replacement trees may be substituted as follows. The combined total of substitutions shall not exceed 40% of the replacement tree requirement.
(1) 
Understory trees of which a single stem variety shall have a minimum of two-inch caliper, and a multi stem variety shall have no less than three stems with a minimum caliper of 0.75 inch per stem. Understory trees shall be replaced at a ratio of two understory trees per each required replacement tree, or
(2) 
By payment of a fee in-lieu of replacement trees calculated by the Shade Tree Commission's designee. The calculation shall consider the cost of the tree or trees, equipment needed to protect the tree/s for an eighteen-month period, as well as costs related to the care and maintenance of the tree/s throughout this period.
(3) 
Any combination of Subsection F(1) and (2) above.
(4) 
Any request for approval of in-lieu fees as substitution shall demonstrate any measures taken by the applicant to first maximize the use of understory trees to satisfy the replacement tree requirement.
G. 
Post-construction. Calculation of preserved trees remaining after construction shall be performed by the Township Engineer, or the Shade Tree Commission's designee. In the event the completed project is not in compliance with the approved schedule of preserved trees on the final plan, the applicant may be required to complete a mitigation plan.
H. 
Replacement guarantee. All replacement plantings shall be guaranteed and maintained in a healthy and/or sound condition for at least 18 months or shall be replaced.
I. 
Mitigation plan. Any mitigation plan shall be submitted to the Township within 30 days of an applicant being notified of material deviation/s from the approved landscape plans or requirements of this chapter, as defined by the Township. A mitigation plan shall include a cover page summarizing the issue or issues requiring mitigation as well as a narrative plan for corrective actions. The mitigation plan shall include all details required by § 55-4D, Landscape plan, and shall be reviewed in a public meeting of the Shade Tree Commission. Mitigation plans addressing unauthorized tree removal shall comply with the replacement requirements described in this chapter.
A. 
The Shade Tree Commission may waive or modify any mandatory provision of this chapter when literal compliance with a mandatory provision is shown to the satisfaction of the Shade Tree Commission to be unreasonable or to cause undue hardship because of peculiar conditions pertaining to the land in question, provided that a modification will not be contrary to the public interest, or when an alternative standard can be demonstrated to provide equal or better results. Financial impact to the applicant does not constitute a sufficient justification for hardship.
B. 
All requests for waiver or modification from the provisions of this chapter shall be in writing and shall accompany and be a part of the landscape plan. The request shall:
(1) 
State in full the grounds and facts of unreasonableness or hardship on which the request is based.
(2) 
State the provision or provisions of the Chapter involved.
(3) 
State the minimum modification necessary to overcome the unreasonableness or hardship.
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.