This chapter shall be known and may be cited as the "Shade Tree
Commission Ordinance of the Township of Whitpain."
The Township recognizes that 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. The purpose of this chapter is to provide regulations for
the planting, maintenance, and removal of trees, shrubs, and other
plants within Whitpain Township, Montgomery County, Pennsylvania,
and to encourage the protection of trees through sound land practices.
The goals of this chapter are to:
A. Preserve, protect, and maintain existing trees in Whitpain Township
and increase the overall tree canopy and understory of both public
and private lands therein.
B. Ensure that all applications for land development respect existing
trees as a natural and community resource and that all such areas
are laid out in a manner so as to preserve the healthy trees on the
site, whenever possible.
C. Preserve and protect all individual (and groups of) heritage trees
as defined herein.
D. Prohibit any clear cutting of trees.
E. Encourage the planting of native vegetation (trees, shrubs, and perennials)
in Whitpain Township.
F. Educate the public on the value of trees.
As used in this chapter, the following terms shall have the
meanings indicated:
CLEAR CUTTING
The indiscriminate and broad removal of trees, shrubs, or
undergrowth with the intention of preparing real property for developmental
purposes. Clear cutting shall not include the selected removal of
nonnative trees and shrubs when the soil is left relatively undisturbed,
or the removal of dead or diseased trees and those trees which pose
an imminent danger to the public health and safety.
HERITAGE TREE
A tree located on public or private land which is specifically
identified and considered worthy of preservation by the Shade Tree
Commission because of its species, age, size, rarity, or historical
importance.
INVASIVE SPECIES
A species that has become a weed pest. One that grows aggressively,
spreads, and displaces other plants. Most invasive plants are introduced
from other continents leaving behind pests, diseases, predators, and
other natural controls.
LARGE TREE
A tree that will grow to over 50 feet in height at maturity.
MEDIUM TREE
A tree that will grow to between 25 feet and 50 feet in height
at maturity.
NATIVE SPECIES
All plant species (trees, shrubs, perennials) native to Pennsylvania
and the Northeastern United States prior to European settlement.
PUBLIC NUISANCE
Any tree with an infectious disease or insect infestation;
dead or dying trees; a tree or limb(s) that obstruct streetlights,
traffic signs, the free passage of pedestrians or vehicles; a tree
that poses a threat to public safety.
ROOT PROTECTION ZONE
The area within a tree's temporary fencing, which is erected
to provide protection and must be maintained throughout the entire
period of any construction. The protective fencing shall be placed
to the outer edge of the tree's dripline.
SHADE TREE COMMISSION
The Township's Shade Tree Commission or, upon approval of
the Board of Supervisors of Whitpain Township, its designee.
SMALL TREE
A tree that will grow to less than 25 feet in height at maturity.
[Amended 1-3-2017 by Ord.
No. 352]
The Shade Tree Commission, first created by ordinance adopted
on July 21, 1978, is hereby reaffirmed by the Board of Supervisors
of Whitpain Township. The Shade Tree Commission shall consist of five
members who are residents of the Township of Whitpain and shall serve
without compensation. The members of the Shade Tree Commission shall
be appointed by the Board of Supervisors of Whitpain Township for
a term of five years or until their successors are appointed. Member
terms shall be staggered so that no more than one member's term shall
expire in any given year. In the event that a vacancy shall occur
during the term of any member, his or her successor shall be appointed
by the Board of Supervisors of Whitpain Township for the unexpired
portion of the term.
[Added 6-18-2019 by Ord.
No. 375]
A. The Township Board of Supervisors may appoint, by resolution, up
to three Township residents to serve as alternate Shade Tree Commission
members. Such alternate member appointments are subject to the following:
(1) The term of office of an alternate member is designated as four years.
(2) Alternate members may be appointed to substitute for any absent,
recused, or disqualified Shade Tree Commission member.
(3) Alternate members may be designated to cases as needed on a rotating
basis according to declining seniority among the alternates.
(4) Alternate members are entitled to participate in all proceedings
and discussions of the Shade Tree Commission to the same and full
extent as provided by law for Shade Tree Commission members, including
specifically the right to cast a vote as a voting member during the
proceedings, and shall have all the powers and duties as otherwise
provided by law.
(5) Any alternate member may participate in any proceeding or discussion
of the Shade Tree Commission but shall not be entitled to vote as
a member of the Shade Tree Commission unless designated as a voting
alternate member in accord with applicable law.
(6) Alternate members will continue to serve on the Shade Tree Commission
for any proceeding in which they were originally appointed until the
Shade Tree Commission reaches a decision on the matter.
(7) Alternate members may not serve as members of the Township's Zoning
Hearing Board or as a Township's Zoning Officer.
The members of the Shade Tree Commission shall elect a Chair
and any other officer deemed necessary by the Shade Tree Commission
to serve for a period of one year. The Shade Tree Commission shall
have the power to adopt rules for the conduct of its meetings.
The Shade Tree Commission shall annually submit a budget request
to the Board of Supervisors identifying its projected spending by
program and initiative for the next fiscal year of the Township. Upon
approval by the Board of Supervisors, the Shade Tree Commission shall
be authorized to expend these funds to support its programs and initiatives.
Unless the appropriation is amended by the Board of Supervisors of
Whitpain Township during the ensuing year, the Shade Tree Commission
shall not expend any sum of money or incur any debt during such ensuing
year which would be in excess of the sum appropriated by the Board
of Supervisors for the work of the Shade Tree Commission.
When a preliminary land development plan is submitted to the
Township for review in accordance with the Subdivision and Land Development
Ordinances of Whitpain Township, if requested by the Township/Shade
Tree Commission, a copy of relevant portions of the landscaping sheets
of the preliminary land development plan shall be provided by the
applicant to the Shade Tree Commission for its review and recommendations.
The Shade Tree Commission shall have the opportunity, but shall not
be required, to review the preliminary plan submission in accordance
with the guidelines set forth below and provide its recommendations
in writing to the Township Planning Commission and the Township Engineer
for their consideration as part of the preliminary plan review process.
The Shade Tree Commission will conduct its review in accordance with
the following guidelines:
A. Planting street trees along each of the streets, parking lots, parks
and other public places abutting the lands to be developed and/or
subdivided is encouraged.
B. Only small street trees should be planted under power or utility
lines or within 25 lateral feet of any utility power pole, or over
or within five lateral feet (but preferably within 10 lateral feet)
of any underground waterline, sewer line, transmission line or other
utility.
C. Shade trees should be planted at a sufficient distance from curbs or sidewalks in accordance with the three species size classes identified in §
53-6E above, and no shade trees should be planted closer to any curb or sidewalk than the following: for small trees, two feet; for medium trees, three feet; and for large trees, four feet.
D. Topping on private property is highly discouraged. Topping is defined
as the severe cutting back of limbs to stubs within the tree's crown
to such a degree so as to remove the normal canopy and disfigure the
tree.
E. Clear cutting on private property is highly discouraged.
F. All applications for subdivision or land development should be prepared
in such a manner as to preserve the healthy trees and shrubs on the
site.
G. To promote an ecologically healthy environment and support state
and federal actions concerning invasive plant species in the United
States, the planting of native vegetation is highly recommended. A
suggested list of approved plant species is set forth in Appendix
A to this chapter. A current list of local nurseries that carry native vegetation
is set forth in Appendix B to this chapter.
H. Prior to construction, protective fencing should be placed around
the root protection zone of trees to minimize damage to root systems.
The fencing should be highly visible (orange), at least four feet
high, and staked with posts every 10 feet. Nothing should be stored,
stockpiled, temporarily placed or allowed in the root protection zone.
The protective fencing should be installed prior to the commencement
of any and all work and monitored by the Township Engineer.
No private person or entity shall plant, remove, cut above the
ground, top, clear cut or disturb any tree on any street, park, or
other public lands without the prior written approval of the Township.
The Township may seek the recommendations of the Shade Tree Commission
prior to approving or denying such request. If approval is granted,
the person receiving such permission shall comply with all conditions
set forth in such written approval and the standards set forth in
this chapter. The Shade Tree Commission will work collaboratively
with the Department of Public Works to monitor and enforce this provision.
Upon the filing of the certificate provided for in §
53-10B above with the Board of Supervisors of Whitpain Township, the Township Manager shall cause written notice to be given to the person against whose property an assessment has been made. The notice shall state the amount of the assessment and the time and the place of payment, which time shall not be less than 30 days from the date of the written notice, and shall be accompanied by a copy of the certificate filed with the Board of Supervisors of Whitpain Township. The amount assessed against said real property shall be a lien from the time of the filing of the certificate with the Township's Manager as provided for in §
53-10B above, and, if not paid within the time designated in the notice, a claim may be filed and collected by the Township in the same manner as municipal claims are filed and collected.
The Shade Tree Commission may provide in its regulations for
the assessment of penalties for the violation of such regulations.
The amount of such penalty shall not be in excess of the amount allowed
to be assessed for violation of Township ordinances by the Second
Class Township Code. Any penalties so assessed shall be a lien upon the real
estate of the offender and may be collected in the same manner as
municipal claims are filed and collected.
All penalties or assessments imposed under this chapter shall
be paid to the Township Treasurer and shall be placed to the credit
of the appropriations made by the Board of Supervisors of Whitpain
Township for the work of the Shade Tree Commission.