[Adopted 3-12-1973 by Ord. No. 1510; amended
in its entirety 9-10-2007 by Ord. No. 2508; 9-13-2021 by Ord. No. 2929-2021]
The following words and phrases, when used in these regulations,
shall have the meanings ascribed to them, except in those instances
when the context clearly indicates a different meaning:
ARBORIST
An ISA certified arborist, as defined below.
AREA OF PRESERVATION
The area around a tree to be protected which is calculated
as 12 times DBH or one foot of radius per inch of DBH.
CALIPER INCHES
Standard measurement of nursery stock's diameter taken
12" or lower on stem depending on propagation method and size category.
CLEARING
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.
CROWN
The branches and foliage of a tree; the upper portion of
a tree.
ISA CERTIFIED ARBORIST
A certified professional who has a minimum of three years'
full-time experience working in the professional tree care industry
and who has passed an examination covering all facets of arboriculture.
PERMIT
Any permit in writing as issued by the Township Manager of
the Township of Haverford.
PERSON
Any person, firm, partnership, association, company or organization
of any kind.
PRUNING
The removal of that part of the plant that is undesirable
or superfluous.
PUBLIC SHADE TREE
Any tree in or upon any public park, property, street, highway
and/or avenue in the Township of Haverford, or that part of any tree
which extends within the lines of any public street, highway and/or
avenue in the Township of Haverford.
TOWNSHIP MANAGER
Refers to the Township Manager or designee in the implementation
and enforcement of this article.
TREE
Any woody perennial plant usually having but one main stem
or trunk and a more or less definitely formed crown and growing to
a height of 10 feet or more.
TREE DRIPLINE
The line marking where the outer edges of a tree's branches
overhang the ground.
TREE REPLACEMENT FORMULA
A.
Where a developer or owner finds it impossible or impractical
to retain existing trees that are less than 30 inches in diameter,
they shall replant one inch of new tree diameter for every four inches
of existing tree diameter removed. Replacement trees shall have a
minimum diameter of two inches.
B.
Where a developer or owner finds it impossible or impractical
to retain existing trees which are 30 inches or greater in diameter,
they shall replant one inch of new tree diameter for every one inch
of existing tree diameter removed. Replacement trees shall have a
minimum diameter of at least two inches. A permit shall be required
for the removal of any heritage tree. The Shade Tree Commission shall
recommend to the Township Manager whether the permit should be approved
or denied. The Shade Tree Commission shall provide a written basis
for its findings.
C.
If replacement planting is impractical or impossible, the developer
or owner shall make a payment to the Township in lieu of planting
at a fee rate set by the Board of Commissioners.
[Adopted 11-14-1977 by Ord. No. 1680;
amended in its entirety 9-10-2007 by Ord. No. 2508;9-13-2021 by Ord. No. 2929-2021]
Developers shall exercise care to protect trees which are to
be retained from damage during construction. The following procedures
shall be observed to protect remaining trees:
A. Protection from mechanical injury.
(1) An area of preservation around all trees to be retained shall be
protected by appropriate fencing.
(2) Heavy-equipment operators shall be careful not to damage existing
tree trunks and roots. Feeder roots shall not be cut closer than the
area of preservation.
(3) Tree trunks and exposed roots damaged during construction shall be
inspected by an arborist and treated according to the arborist's
professional recommendation, all at the expense of the applicant.
(4) Tree limbs damaged during construction shall be pruned in accordance
with the standards outlined in ANSI A300, Tree, Shrub and Other Woody
Plant Maintenance.
(5) The operation of heavy equipment within driplines shall be minimized
in order to prevent soil compaction.
(6) The installation of four-foot-wide wood chip paths for high traffic
areas adjacent to any areas of preservation is encouraged around all
retained trees and mandatory around any heritage tree.
(7) To preserve trees which may be disturbed by the construction process,
an arborist shall sample soil in or adjacent to any areas of preservation
and implement appropriate mitigation treatment for any soil compaction
or other soil deficiencies, all at the expense of the applicant. It
is recommended that the arborist additionally inspect the trees one
year and five years after the completion of construction.
(8) Trees shall not be used for roping, cables, signs or fencing. Nails
and spikes shall not be driven into trees.
(9) The area around the base of existing trees shall be left open to
provide access for water and nutrients. Therefore, no impervious cover
nor storage of equipment, materials, debris or fill shall be allowed
within the dripline of any existing tree, except as may be necessary
for a maximum of three months if no other storage space is available.
B. Protection from grade change.
(1) Raising the grade. If an increase in the grade of the land is proposed,
the developer shall install either of the following:
(a)
A system of gravel and drain tiles at the old soil level opening
into a dry well built around the trunk and designed for each tree,
individually fitting the contour of the land so that it drains water
away from the tree trunk.
(b)
A retaining wall between the existing grade and the higher grade.
(2) Lowering the grade. If a lowering of the grade is proposed, the developer
shall initiate one of the following methods to protect the trees:
(b)
A retaining wall between the existing grade and the lower grade.
(3) If the proposed grade change, in the opinion of the Shade Tree Commission,
is too excessive to allow retention of existing trees, the developer
shall replace the trees removed on a 1:4 basis, which means one inch
of new caliper for every four inches of DBH removed.
C. Protection from excavations. When digging trenches for utility lines
and other similar uses, the developer shall adhere to the following,
listed in the order of their preference:
(1) If possible, trenches should bypass the root area.
(2) If this is not feasible, trenches should be tunneled under the tree's
tree root area.
(3) If trenches must be dug in the tree root area, the following precautions
shall be observed:
(a)
Trenches shall be no closer to the trunk than half the distance
from the dripline.
(b)
Cut as few roots as possible.
(c)
If roots must be cut, cut them as cleanly as possible under
arborist supervision.
(d)
Exposed roots must not be allowed to dry out before permanent
backfill is placed; provide temporary earth cover or pack with peat
moss and wrap with burlap.
(e)
Backfill the trench as soon as possible avoiding soil compaction.
D. Protection during cleanup.
(1) All construction debris shall be hauled away and shall not be burned
or buried on site.
(2) Fences and barriers around trees shall be the last thing to be removed
from the site.
Any person, firm or corporation violating any provision of this
article shall, upon summary conviction before any District Justice
of the Peace, pay a fine not exceeding $600 and costs of prosecution;
and in default of one payment of the fine and costs, the violator
may be sentenced to the county jail for a term of not more than 30
days. Each and every day in which any person, firm or corporation
shall be in violation of this article shall constitute a separate
offense. Such fines or penalties shall be collected in the manner
provided by the First Class Township Code.