[HISTORY: Adopted by the Board of Commissioners
of the Township of Haverford as indicated in article histories. Amendments
noted where applicable.]
[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.Â
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)Â
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)Â
Encourage the protection of the maximum number of healthy trees throughout
the Township, regardless of location;
(3)Â
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)Â
Maintain trees in the Township in a healthy and nonhazardous condition
through professionally accepted arboricultural practices;
(5)Â
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)Â
Minimize hazards and damage to streets and sidewalks and reduce the
costs of maintaining public rights-of-way;
(7)Â
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:
An ISA certified arborist, as defined below.
The area around a tree to be protected which is calculated
as 12 times DBH or one foot of radius per inch of DBH.
Standard measurement of nursery stock's diameter taken
12" or lower on stem depending on propagation method and size category.
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.
The branches and foliage of a tree; the upper portion of
a tree.
Standard measurement of a tree's diameter taken at breast
height (4Â 1/2 feet above the ground or 1.5 meters).
As defined in Chapter 78, Erosion and Sediment Control; Stormwater Management.
A tree having a thirty-inch-or-greater DBH.
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.
Any permit in writing as issued by the Township Manager of
the Township of Haverford.
Any person, firm, partnership, association, company or organization
of any kind.
The removal of that part of the plant that is undesirable
or superfluous.
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.
Any street, sidewalk or alley open to the public within the
right-of-way lines thereof.
Refers to the Township Manager or designee in the implementation
and enforcement of this article.
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.
The line marking where the outer edges of a tree's branches
overhang the ground.
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.
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.
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.Â
Applicability.
(1)Â
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.Â
Permit required.
(1)Â
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)Â
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)Â
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)Â
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)Â
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)Â
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.Â
General regulations.
(1)Â
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)Â
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)Â
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)Â
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)Â
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)Â
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.Â
Permit procedure.
(1)Â
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)Â
The permit application shall specify:
(a)Â
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)Â
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)Â
The proposed location of any replacement trees, if required
by the tree replacement formula.
(3)Â
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)Â
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)Â
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.Â
Enforcement.
(1)Â
The Township Manager, in conjunction with other Township Departments,
shall enforce these regulations.
(2)Â
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)Â
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.Â
Applicability.
(1)Â
The standards contained herein shall apply to the following activities:
(2)Â
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.Â
Permit procedure.
(1)Â
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)Â
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)Â
Site plans showing:
[1]Â
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]Â
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]Â
Specifications for removal of existing trees and protection
of existing trees during construction;
[4]Â
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.
(c)Â
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)Â
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)Â
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)Â
The Township Manager may issue a tree removal permit upon recommendation
of approval by the Shade Tree Commission.
(5)Â
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)Â
Trees which pose a safety hazard to pedestrian or vehicular
traffic or threaten to cause disruption of public services.
(b)Â
Trees which pose a safety hazard to buildings.
(c)Â
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)Â
Necessity for compliance with other Haverford Township codes,
such as building, zoning and subdivision regulations, health provisions
and other environmental ordinances.
(e)Â
Site specific restrictions.
(f)Â
Other conditions which, in the judgment of the Shade Tree Commission,
warrant the removal of the tree.
(6)Â
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)Â
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)Â
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.Â
Protection from mechanical injury.
(1)Â
An area of preservation around all trees to be retained shall be
protected by appropriate fencing.
(2)Â
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)Â
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)Â
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)Â
The operation of heavy equipment within driplines shall be minimized
in order to prevent soil compaction.
(6)Â
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)Â
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)Â
Trees shall not be used for roping, cables, signs or fencing. Nails
and spikes shall not be driven into trees.
(9)Â
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.Â
Protection from grade change.
(1)Â
Raising the grade. If an increase in the grade of the land is proposed,
the developer shall install either of the following:
(a)Â
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)Â
A retaining wall between the existing grade and the higher grade.
(3)Â
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.Â
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)Â
If possible, trenches should bypass the root area.
(2)Â
If this is not feasible, trenches should be tunneled under the tree's
tree root area.
(3)Â
If trenches must be dug in the tree root area, the following precautions
shall be observed:
(a)Â
Trenches shall be no closer to the trunk than half the distance
from the dripline.
(b)Â
Cut as few roots as possible.
(c)Â
If roots must be cut, cut them as cleanly as possible under
arborist supervision.
(d)Â
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)Â
Backfill the trench as soon as possible avoiding soil compaction.
A.Â
Replacement of trees lost during construction, renovation or property
clearance shall be in accordance with the tree replacement formula.
B.Â
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)Â
Species longevity.
(2)Â
Hardiness, including wind firmness, climate requirements and characteristics
of soil to hold tree.
(3)Â
Susceptibility to insect and disease attack and to pollution.
(4)Â
Aesthetic value, including autumn coloration, type of flowers or
fruit and form characteristics.
(5)Â
Maintenance and care, such as pruning, etc.
(6)Â
Wildlife values.
(7)Â
Comfort to surroundings, such as summer shade.
(8)Â
Existence of disease, rot or other damage to tree.
(9)Â
Protection of buildings, vehicles and pedestrians.
(10)Â
Size at maturity.
(11)Â
Effect on soil retention and erosion control.
(12)Â
Value as a noise buffer.
(13)Â
Undesirable characteristics.
A.Â
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.Â
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.