[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 No. 502, as amended, was repealed 6-24-2004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.Â
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.Â
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.Â
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.Â
To preserve and protect all individual (and groups of) heritage trees
as defined herein.
E.Â
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.Â
To strictly prohibit any clear cutting.
G.Â
To preserve, protect, and encourage the planting of native species.
As used in this chapter, the following terms shall have the
meanings indicated:
The property owner or his authorized representative; the
term includes "developer."
A tree on an adjacent property whose root protection zone
intrudes across the property line of the property under consideration.
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.
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.
The removal of all trees from any lot.
Diameter at breast height; a measure of trunk diameter in
inches, taken at 4Â 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).
The boundary created by the outermost branches of a tree.
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.
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.
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.
Any plant that appears in the most recent Invasive Plants
Fact Sheet by the Pennsylvania Department of Conservation and Natural
Resources (DCNR).
Plan showing existing and proposed landscaping in relation
to existing and proposed structures, utilities, and grading as defined
in this chapter.
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.
Any tree that has not been determined in accordance with
this chapter as being dead, a tree in severe decline, or a hazard
tree.
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.
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.
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.
Any tree that is to be protected according to the provisions
of this chapter.
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.
Any tree that is destroyed, injured, or otherwise not protected
according to the provisions of this chapter.
A tree required to be planted per this chapter to compensate
for the removal or damage of existing trees on a site.
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.
The Township's Shade Tree Commission.
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.
Any woody perennial plant, whether evergreen or deciduous,
of a species which normally reaches a height of 15 feet or more at
maturity.
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.
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.
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.
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.Â
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.Â
No clear cutting shall be permitted.
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 Township ordinances
or an application approved by the Township.
(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 trees required for approved utility construction within
established easement areas.
A.Â
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.Â
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.Â
Plans.
(1)Â
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)Â
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)Â
The tree survey plan shall:
(a)Â
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)Â
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)Â
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)Â
Identify any heritage tree/s and boundary tree/s individually
on the tree survey plan.
(4)Â
The landscape plan shall:
(a)Â
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)Â
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:
(c)Â
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)Â
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)Â
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)Â
Include a project cover sheet (provided by Township staff).
D.Â
Tree protection and preservation.
(1)Â
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)Â
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)Â
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)Â
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)Â
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)Â
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)Â
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)Â
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)Â
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)Â
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)Â
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)Â
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)Â
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)Â
Replacement tree requirement.
(a)Â
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)Â
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)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. All replacement trees shall have deer protection
on the tree trunks at a minimum of 4Â 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.Â
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.Â
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)Â
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)Â
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.
(4)Â
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.Â
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.Â
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.Â
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.Â
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.Â
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:
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.
