[HISTORY: Adopted by the Board of Commissioners of the Township of Haverford as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Department of Code Enforcement — See Ch. 4, Part 4, Art. VI.
Department of Public Works — See Ch. 4, Part 4, Art. XIV.
Shade Tree Commission — See Ch. 4, Part 5, Art. XIX.
Erosion and sediment control — See Ch. 78.
Streets and sidewalks — See Ch. 157.
Subdivision and land development — See Ch. 160.
Zoning — See Ch. 182.
[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]
A. 
It is the policy of Haverford Township that there shall be no net loss of trees within the boundaries of the Township. The purpose of this article is to establish the standards necessary to assure that this policy will be implemented and enforced. The provisions of this article are enacted to:
(1) 
Establish protective regulations for trees within Haverford Township in order to control problems of flooding, soil erosion, air and noise pollution and make Haverford Township a healthier and safer place in which to live;
(2) 
Encourage the protection of the maximum number of healthy trees throughout the Township, regardless of location;
(3) 
Establish and maintain the maximum amount of tree cover on public and private lands in the Township by prohibiting the destruction and removal of trees except in accordance with the standards set forth in this article;
(4) 
Maintain trees in the Township in a healthy and nonhazardous condition through professionally accepted arboricultural practices;
(5) 
Establish and revise, as necessary, standards for the planting and maintenance of trees to improve the economic base of the Township by improving property values, to enhance the visual quality of the Township and its neighborhoods and to improve public health by lessening air pollution and the incidence of flooding;
(6) 
Minimize hazards and damage to streets and sidewalks and reduce the costs of maintaining public rights-of-way;
(7) 
Provide latitude in the interpretation and application of Township rules, standards, and guidelines when reasonable and necessary to minimize the destruction of trees.
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.
DBH (DIAMETER AT BREAST HEIGHT)
Standard measurement of a tree's diameter taken at breast height (4 1/2 feet above the ground or 1.5 meters).
EARTH DISTURBANCE ACTIVITY
As defined in Chapter 78, Erosion and Sediment Control; Stormwater Management.
HERITAGE TREE
A tree having a thirty-inch-or-greater DBH.
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.
PUBLIC STREET, HIGHWAY OR AVENUE
Any street, sidewalk or alley open to the public within the right-of-way lines thereof.
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.
A. 
Applicability.
(1) 
The standards of this section shall apply to all public shade trees in Haverford Township, including the portion of a public shade tree on private property.
B. 
Permit required.
(1) 
No person shall plant, prune, remove or spray a public shade tree in or upon any public street, highway and/or avenue without a written permit from the Township Manager, such permit to designate the type of tree and place where such public shade tree is to be planted, pruned, sprayed and/or removed, except that it shall not be unlawful to perform the following activities:
(a) 
Trim shade trees to conform to the clearance requirements of Subsection C(4) hereof; trim or prune shrubs and bushes within the public area, remove or cut off low hanging or broken branches of trees which create or may create a public nuisance or danger; carry out normal repair, upkeep, minor pruning and trimming;
(2) 
The Township Manager shall have the authority to designate the type of public shade tree suitable and may refuse a permit to plant any type of tree which, in the opinion of the Township Manager, is not suitable to the location. The Township Manager may be guided by standards laid down by the International Society of Arboriculture or any other similar organization which promulgates standards which would carry out the intent of these regulations.
(3) 
No person shall, without first obtaining a permit therefor, cut, break, climb with spikes, injure in any manner or remove any public shade tree; or cut down or interfere in any way with the main roots of any public shade tree; or spray any public shade tree with any chemical or insecticide; or place any rope, guy wire, cable, sign, poster or any other fixture on any public shade tree or guard for any public shade tree; or injure, misuse or remove any device placed to protect any tree except in case of immediate necessity for the protection of life and/or property.
(4) 
No person shall, without first obtaining a permit, place or hereafter maintain any stone, cement or any other impervious surface such as blacktop which shall impede the passage of water and air to the roots of any public shade tree.
(5) 
No person shall remove a public shade tree with a DBH of four inches from any property without a written permit from the Township Manager, such permit to designate the type of tree and place where such public shade tree is to be removed.
C. 
General regulations.
(1) 
No person shall plant a public shade tree in or upon the public streets, highways and/or avenues within five feet from the edge of any driveway.
(2) 
No person shall plant a public shade tree nearer to the intersection of any two or more streets than 25 feet from the point of intersection of any two public right-of-way lines. A distance of 30 feet shall be maintained on streets which are state highways.
(3) 
No person shall pour saltwater, oil or any other deleterious material at any place in such manner that injury might result to any public shade tree.
(4) 
Every property owner of trees standing on private property shall keep such trees trimmed so that the minimum clearance of any branches that overhang any public walks is 12 feet for mature trees and nine feet for newly planted trees, and the minimum clearance where branches overhang any public street, highway and/or avenue is 14 feet.
(5) 
The Township Manager may order the removal of any tree on private property if said tree is diseased, dead or creating any hazard to the public.
(6) 
On all new building sites, the owner or contractor shall plant on said building site abutting the public right-of-way at least one public shade tree for every 30 feet of street frontage or fraction thereof.
D. 
Permit procedure.
(1) 
The application for any permit required hereunder shall be submitted, in writing, to the Township Manager on a form provided by the Township for this purpose.
(2) 
The permit application shall specify:
(a) 
The particular kind of work or operation the applicant desires to perform and shall state the exact location and the species of any tree affected.
(b) 
A written statement indicating the reasons for removal or relocation of a tree and a description of the species, size and condition of the tree to be removed.
(c) 
The proposed location of any replacement trees, if required by the tree replacement formula.
(3) 
A permit fee shall be paid by the applicant at or before the issuance of the permit, said fees to be set by resolution of the Board of Commissioners as amended from time to time.
(4) 
The Township Manager, in his or her sole discretion, may submit any permit application received hereunder to the Shade Tree Commission for review, comment and recommendation as to approval or disapproval.
(5) 
The Township Manager may revoke any permit issued under this section upon satisfactory proof that any of the terms or conditions upon which the permit was issued have been violated.
E. 
Enforcement.
(1) 
The Township Manager, in conjunction with other Township Departments, shall enforce these regulations.
(2) 
The property owner shall complete all required work within nine months if issued contemporaneously with a building permit, or within 60 days for all other work, unless the Township Manager extends such completion date or temporarily revokes said permit for cause.
(3) 
If any property owner neglects or refuses to comply with any order of the Township Manager within the time limit specified in a written notice issued by the Township Manager, the Township Manager may cause such violation to be abated at the expense of the property owner, and the entire cost of the work shall be a lien upon said premises, and a claim therefor shall be filed in the same manner as municipal claims are filed and collected.
[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]
A. 
Applicability.
(1) 
The standards contained herein shall apply to the following activities:
(a) 
Land development;
(b) 
Subdivision;
(c) 
Any earth disturbance activity in excess of 300 cubic yards;
(d) 
Any earth disturbance activity for parking lots of five or more cars;
(e) 
Demolition of a structure as defined in Chapter 182, Zoning, as amended;
(f) 
Any other earth disturbance activity for which a permit is required.
(g) 
Removal of a tree associated with the activities identified in Subsection A(1)(a) through (f) above;
(2) 
The standards contained herein shall be the minimum standards to be met and maintained. Standards established by other Township ordinances or by state and federal rules and regulations shall apply where those standards are more restrictive than the standards set forth herein.
B. 
Permit procedure.
(1) 
Any person desiring to remove or relocate a tree associated with the activities identified in Subsection A(1) above, and not otherwise exempted from the provisions of this article, must first apply to the Township Manager for a tree removal permit. The application shall be accompanied by a written statement indicating the reasons for removal or relocation of a tree and a description of the species, size and condition of the tree to be removed.
(2) 
Before a building permit, demolition permit or grading permit is issued or, in the case of a subdivision or land development, at the time of application for preliminary plan approval, the applicant shall submit:
(a) 
Site plans showing:
[1] 
The size, species and location of all trees with a DBH of four inches or greater which are in the proposed area of disturbance, clearly indicating which trees are to be removed and which trees are to be maintained. A calculation of the total DBH inches of trees to be removed and the total caliper inches of trees to be planted to meet the tree replacement formula and the street frontage tree requirements;
[2] 
The approximate location of trees on adjoining properties that are located within 20 feet of the property line (these locations may be approximated from the subject property or via existing aerial photographic data);
[3] 
Specifications for removal of existing trees and protection of existing trees during construction;
[4] 
Grade changes or other work that may adversely affect any trees, with specifications on how the grade, drainage and aeration will be maintained around the tree.
(b) 
Planting plans showing:
[1] 
The size, species and location of trees to be planted in compliance with the tree replacement formula;
[2] 
A chart summarizing sizes and species of trees to be removed and trees to be planted.
(c) 
All trees to be removed and all trees to remain on the subject property shall, prior to the issuance of such permit, be marked with a permanent marking, clearly visible at the base of the tree, indicating whether the tree is to be removed or to remain.
(d) 
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.
(3) 
The Township Manager shall refer all applications and accompanying materials to the Haverford Township Shade Tree Commission for review, comment, and recommendation of approval or disapproval. The Shade Tree Commission may conduct an on-site inspection to determine whether such removal or relocation conforms to the requirements of this article. Failure on the part of the Shade Tree Commission to reply within 30 days shall be deemed a recommendation of approval. In the event that the Shade Tree Commission recommends denial of an application, it shall specify, in writing, the reason for this action.
(4) 
The Township Manager may issue a tree removal permit upon recommendation of approval by the Shade Tree Commission.
(5) 
The Shade Tree Commission shall recommend approval of the permit if the plan meets the tree replacement formula, street frontage tree requirements and any other applicable tree regulations. The Shade Tree Commission may recommend adjustments to the tree replacement formula and street frontage tree requirements due to any of the following existing site conditions:
(a) 
Trees which pose a safety hazard to pedestrian or vehicular traffic or threaten to cause disruption of public services.
(b) 
Trees which pose a safety hazard to buildings.
(c) 
Diseased trees, trees infested with destructive insects liable to infect the healthy trees on adjacent property or trees weakened by age, storm, fire or other injury.
(d) 
Necessity for compliance with other Haverford Township codes, such as building, zoning and subdivision regulations, health provisions and other environmental ordinances.
(e) 
Site specific restrictions.
(f) 
Other conditions which, in the judgment of the Shade Tree Commission, warrant the removal of the tree.
(6) 
In the event that any tree shall be determined to be in a hazardous or dangerous condition so as to endanger the public health, welfare or safety and requires immediate removal without delay, verbal authorization after an on-site inspection may be given by the Township Manager without first obtaining a written permit as is otherwise herein required. The property owner shall apply for a written permit, as required herein, immediately upon the abatement of the hazardous condition.
(7) 
In the event that replanting in accordance with the Tree Replacement Formula is impractical or impossible as determined by the Shade Tree Commission, the applicant has the option of making payment to the Township in lieu of replanting. Contributions received shall be utilized for replacement of trees elsewhere in the Township, unless extenuating circumstances exist, at the discretion of the Township Manager.
(8) 
A permit fee shall be paid by the applicant at or before the issuance of the permit, said fees to be set by resolution of the Board of Commissioners as amended from time to time.
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:
(a) 
Terracing the grade.
(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.
A. 
Replacement of trees lost during construction, renovation or property clearance shall be in accordance with the tree replacement formula.
B. 
Criteria for selection of new trees. The following criteria and guidelines shall be followed when a developer is required to replace trees that have been removed or when it is necessary for a developer to choose certain trees for retention and others for removal:
(1) 
Species longevity.
(2) 
Hardiness, including wind firmness, climate requirements and characteristics of soil to hold tree.
(3) 
Susceptibility to insect and disease attack and to pollution.
(4) 
Aesthetic value, including autumn coloration, type of flowers or fruit and form characteristics.
(5) 
Maintenance and care, such as pruning, etc.
(6) 
Wildlife values.
(7) 
Comfort to surroundings, such as summer shade.
(8) 
Existence of disease, rot or other damage to tree.
(9) 
Protection of buildings, vehicles and pedestrians.
(10) 
Size at maturity.
(11) 
Effect on soil retention and erosion control.
(12) 
Value as a noise buffer.
(13) 
Undesirable characteristics.
A. 
Any person who shall deem that he suffered damages by reason of the enforcement of this article may appeal, in writing, to the Board of Commissioners within 10 days after the date of such action. The Board of Commissioners shall fix and notify the appellant of a time and place for a public hearing on said appeal, and the appellant shall cause notice of such hearing to be published in a newspaper circulating in the Township at least 10 days prior to the hearing. All parties in interest shall be afforded an opportunity to be heard thereat. After such hearing, the Board of Commissioners shall affirm or reverse the action of the Shade Tree Commission and/or Township Manager, stating its findings and reasons for its actions, and a written copy of such action shall be given to the appellant.
B. 
The fee for such a hearing shall be set by resolution of the Board of Commissioners as amended from time to time.
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.