[HISTORY: Adopted by the Board of Supervisors of the Township
of Thornbury 11-16-2010 by Ord. No. 2010-3.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 93.
[1]
Editor's Note: This ordinance also superseded former
Ch. 129, Trees, adopted by Res. No. 1990-8.
This chapter shall be known and may be cited as the "Thornbury
Township Tree-Clearing Ordinance."
The purpose of this chapter is to control and regulate the indiscriminate
or excessive removal of trees on public and private property and the
destruction of wooded areas, and to control, regulate, and prevent
conditions which cause an unwarranted increase in stormwater run-off,
sedimentation, soil erosion, loss of wildlife habitat, air, noise
and water pollution, or inhibit stormwater ground recharge.
As used in this chapter, the following terms shall have the
meanings indicated:
A permit issued by the Township for the removal of 10 or
more trees with a diameter of eight inches or greater pursuant to
the provision of this chapter.
A natural person, but also includes a business, organization,
partnership or corporation.
A tree with a DBH (diameter at breast height - measured at
4.5 feet above the surface of the natural grade) of eight inches or
more.
To cut, remove, destroy, chop or to perform any act of tree
pruning or thinning, equipment operation, soil compaction or materials
storage, soil removal, or paving that results in the destruction of
the tree.
Any woody, perennial plant smaller than a tree, usually having
permanent stems branching from or near the ground.
A lot, tract or parcel of land, or a series of lots, tracts
or parcels of land joined together, where clearing is continuous and
performed at the same time.
All clearing or tree removal in Thornbury Township shall conform
to the provisions of this chapter, except that this chapter shall
not apply to such work in a public right-of-way or in a Township park,
playground or recreation area or on other public property.
No person shall remove 10 or more protected trees in Township
of Thornbury, Chester County, without previously obtaining a tree-clearing
permit.
No person shall commence or perform any tree clearing without
first having obtained a clearing permit from the Township.
A.
A permit shall not be required to remove protected trees when:
(1)
The removal or clearing is on property subject to an approved forestry,
agricultural, or tree nursery use. Anyone conducting an approved forestry
or timbering use, however, must present to the Township a forestry
or timbering management plan that describes how the use will be conducted
in accordance with the current best industry practices.
(2)
When clearing of trees is necessary in connection with construction
of an approved land development, subdivision, or building permit.
This includes approved driveways and septic systems.
B.
The following trees shall not be considered protected trees:
(1)
A tree in such condition that it poses imminent danger to the public
health, safety and welfare or to an existing structure.
(2)
A tree that is diseased, dead, or dying due to natural causes, such
as storms; provided, however:
(a)
The person desiring the removal or clearing is the owner of
the property on which the protected tree is located; and
(b)
Said person provides prior notification of the proposed clearing
or removal to the Township or provides a certification from a licensed
landscape architect or arborist that the tree was dead, diseased,
or dying due to natural causes, and its removal was therefore appropriate.
(3)
A tree required to be removed in order to install or maintain public
utilities (such as electricity, telephone, water and sewer lines).
(4)
A tree in the required vehicle sightline and removal is necessary
to facilitate public safety.
A.
Every applicant for a clearing permit shall file a written application
with the Township.
B.
The applicant shall provide the following information in conjunction
with the application for a tree removal permit:
(1)
A plan prepared by a registered engineer or surveyor in the Commonwealth
of Pennsylvania, which shall include:
(a)
A contour map showing the present contours of the land.
(b)
A plot plan showing the location of the clearing, boundaries,
lot lines, neighboring streets and alleys, buildings, all trees over
six inches in diameter two feet above the ground and sufficient dimensions
and other data to show the location of all work.
(c)
Description of the type and classification of the soil.
(d)
Details and location of any required silt fence or other erosion-control
techniques.
(2)
A tree preservation plan that includes:
(a)
The location, species and caliper of all trees to be removed
on the surveyed drawing.
(b)
The location of existing and proposed structures, driveways,
etc.
(c)
Proposed grading.
(d)
Proposed preservation/protection measures applicable to the
trees to remain undisturbed.
(e)
The location of replacement trees, including a replacement schedule indicating species, quantities and size in accordance with the standards set forth in § 129-8.
(f)
The location of any environmentally sensitive areas, such as
wetlands, flood hazard areas, streams, and steep slopes.
(3)
The estimated dates for the start and completion of the clearing
work.
(4)
The purpose for which the clearing is being conducted.
C.
The Township Engineer may waive any of the specific plan requirements
listed above if he finds that the information on the application is
sufficient to show that the clearing will conform to the provisions
of this chapter.
A.
When 10 or more protected trees are removed or cleared, the property
owner must provide replacement trees on a one-to-one caliper basis.
For example, if a thirty-inch-caliper tree is removed, the owner must
replace it with trees that have a combined caliper of 30 inches. Replacement
trees must comply with the following:
(1)
The trees must have at least a 1 1/2 inch caliper measured at
breast height.
(2)
The proposed species must be similar in nature to the trees being
removed unless the removed or cleared tree is considered an invasive
species. The Township's Engineer or Landscape Architect will
have final determination of the appropriateness of the proposed species.
(3)
The trees must be planted in accordance with the industry's
latest best practices.
B.
If it is not feasible to plant the required replacement trees on
the site, with the approval of the Township Board of Supervisors,
the applicant may pay a fee in lieu of the replacement trees to the
Township. The fee will be deposited in the Township's Tree Fund
and may only be used for planting new trees, or maintenance work that
facilitates healthy tree growth. The fee will be based on the current
market price of each tree plus the estimated cost to plant, multiplied
by 1.2 to cover the maintenance and administrative cost of planting the trees in another location.
C.
Exemption from tree replacement. The tree replacement requirement
may be waived by the Board of Supervisors if the proposed tree removal
is proposed by the owner of a single residential lot that contains
an existing dwelling.
Before issuing a clearing permit, a permit fee shall be collected
as follows:
|
Number of Protected Trees To Be Cleared
|
Permit Fee*
(per tree)
|
|---|---|
|
10 or more
|
$35
|
|
*NOTE: The permit fee will cover a maximum of two reviews and
two inspections. The cost of any additional reviews or inspections
will be billed to the applicant at the actual cost of the Township.
|
Every clearing permit shall expire by limitation and become
null and void if the work authorized by such permit has not been commenced
within six months or, if commenced, is not completed with one year
from the date of issue, provided that the Township Engineer may, if
the permit holder presents satisfactory evidence that unusual circumstances
have prevented work from being started or completed within the specified
time limits, grant a reasonable extension of time, and provided further
that the application for the extension of time is made before the
date of expiration of the permit.
A.
By the filing of the application, the owner consents to an inspection
of the property by the Township's designee. Following an inspection
of the property on which removal or clearing is proposed, the Township
official shall approve or deny the application, in whole or in part,
with or without conditions. In his/her evaluation of the application,
the following factors shall be considered:
(1)
Adverse impact of the proposed removal or clearing upon quality and
quantity of stormwater run-off;
(2)
Increase in air, noise or water pollution from the proposed removal
or clearing;
(3)
Loss of wildlife habitat from proposed removal or clearing;
(4)
Increase in soil erosion and sedimentation from the proposed removal
or clearing;
(5)
Inhibition of stormwater ground recharge from the proposed removal
or clearing;
(6)
Adverse impact upon growth and development of remaining vegetation
on the property and upon neighboring properties;
(7)
Whether the applicant's purpose in applying for tree removal
or clearing can reasonably be achieved without the proposed tree removal
or clearing;
(8)
Whether a public purpose is furthered by the proposed removal or
clearing; and
(9)
Whether the proposed free clearing or removal and/or replacement
further the goals and objectives of the Township's Comprehensive
Plan.
The Board of Supervisors shall promptly consider any appeal
from the provisions of this chapter or from the determinations of
the Township Engineer, and the Board may make determinations of alternate
methods, standards or materials when, in its opinion, strict compliance
with the provisions of this chapter is unduly burdensome or unnecessary.
Any applicant or permit holder shall have the right to appeal to the
Court of Common Pleas within 30 days from any decision or determination
of the Board of Supervisors.
A.
Plans for the clearing work shall be approved by the Township Engineer
and shall be maintained at the site during the progress of the clearing
work and until the work has been completed.
B.
The permit holder shall notify the Township Engineer in order to
obtain a final inspection when all work, including the installation
of all drainage and other structures, has been completed.
A.
No person shall conduct any removal or clearing or cause the same
to be done contrary to or in violation of any provision of this chapter.
B.
When written notice of a violation of any of the provisions of this
chapter has been served by the Township on any person, all tree removal
shall be immediately discontinued.
C.
Any person who removes trees without having first obtained a permit, or does so in violation of any condition of such a permit, shall replace the removed trees on the property at a one-to-one caliper ratio. For example, if a thirty-inch-caliper tree is removed, trees having a combined diameter of 30 inches shall be planted in its place. All replacement trees must comply with the provisions of § 129-8.
D.
In addition, a fine in an amount equal to the corresponding application
fee multiplied by a factor of 2.5 shall be assessed against the person
violating this chapter. In the event such tree replacement trees can
not reasonably be accomplished on the property where the removal or
clearing occurred, according to the Township Engineer, the person
who caused the violation may deposit a sum equivalent to the combined
cost of the corresponding application fee and the estimated cost of
replacing the frees, including the cost of associated earthwork, multiplied
by a factor of 2.5.
E.
The Township may in addition to any other remedy enforce any provision
of this chapter. The Township, if successful, shall be entitled to
an award, as part of the costs, of all counsel fees incurred as a
result of the violation.
F.
Any person violating any of the provisions of this chapter shall
be subject to a penalty not to exceed $1,000 for each violation of
this chapter. Each tree removed in violation of the provisions of
this chapter shall constitute a separate violation.
