City of Lebanon, PA
Lebanon County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[Ord. 13-1990, 91 § 1, passed 4-9-1990]
(a) 
The purpose of this article is to beautify and enhance the City's environment, preserve the benefits derived from trees, maintain plant and tree diversity, to maintain visual screening and to lessen air pollution, to promote clean air quality by increasing dust filtration, to reduce noise, heat and glare, and to emphasize the importance of trees as a visual buffer which serve to break the monotony of urbanized development of land, all of which aid in protecting the health and general welfare of the community.
(b) 
This article is intended to establish the minimum standards for tree plantings in relation to land development and land use in the City to accomplish the goals set forth above. It is not intended to be punitive or to cause hardship to any individual, private firm or public agency who uses every care and diligence to protect trees within the City.
[Ord. 13-1990, 91 § 1, passed 4-9-1990]
(a) 
A Shade Tree Plan shall be required for multi-family, commercial, office, institutional, recreation or industrial developments, redevelopments, additions or changes in use which require a zoning permit or subdivision approval, and involve a total impervious land area in excess of 5,000 square feet.
(b) 
Exempt activities include single family residential uses, alterations to or installation of signs, billboards, fences, carports and private garages, and alterations or construction to the interior of an existing structure that do not involve a change or expansion of the existing use.
[Ord. 13-1990, 91 § 1, passed 4-9-1990]
APPENDIX A
The Street Tree Fact Sheet and any list published and revised by the City Shade Tree Commission.[1]
CLEAR SIGHT TRIANGLE
Triangles established from a distance of:
(1) 
Seventy-five feet from the point of intersection of the center lines if intersecting streets are 20 feet or more in width; or
(2) 
If one or both streets are less than 20 feet in width, a clear sight triangle of 50 feet shall be maintained except that;
(3) 
Clear sight triangles of 100 feet shall be provided for all intersections with arterial and major streets so designated in the circulation study of the 1985 City Comprehensive Plan.
DEVELOPER
That person or persons or firm which is improving a parcel of land within the City who may or may not be the owner of such property.
IMPERVIOUS SURFACE
A surface which is covered with a material that is incapable of being permeated by water and shall arrest the growth of vegetation.
PLANTING SPACE
An uninterrupted, permeable surface that is directly adjacent to the tree. It can contain grass, gravel, gradings, other pervious material but is considered to end where concrete, asphalt, or another impervious surface begins.
RIGHT-OF-WAY
A public easement containing streets, medians, boulevards or sidewalks.
TREE, LARGE
A tree that is over 45 feet in mature height.
TREE, MEDIUM
A tree that is between 30 and 45 feet in mature height.
TREE, SMALL
A tree of less than 30 feet in mature height.
[1]
Editor's Note: Appendix A is included as an attachment to this article.
[Ord. 13-1990, 91 § 1, passed 4-9-1990]
(a) 
For every 2,000 square feet of impervious surface, one tree shall be planted or retained and replaced if necessary. The City Shade Tree Commission may alter this requirement when circumstance requires it.
(b) 
All trees used shall be selected from the plant list in Appendix "A", "Street Tree Factsheets". If the developer is confronted with an unforeseen problem pertaining to tree species, the Commission shall be consulted for advice and recommendations. Not all trees on this list are suitable for all situations. Suitability shall be determined by the Commission. Additionally, as new varieties are developing and existing ones improved, this list shall be amended.
(c) 
The use of any tree other than those in Appendix "A", "Street Tree Factsheets" requires the specific approval of the Commission.
(d) 
Each tree shall be at least six feet in height and have a diameter of at least three inches measured at a height of two feet above the finished ground level when planted.
(e) 
Only plant material grown in nurseries shall be procured for shade tree planting. Trees should be true to form and typical of the species or variety.
(f) 
Plant material shall be balled and burlapped with native soil in which the material had been growing.
(g) 
As different trees require different soil conditions, it may be necessary to add materials such as peat, sand, etc., to the existing soil prior to planting.
(h) 
Trees planted shall have a planting space of at least 25 square feet.
(i) 
Trees shall be located at least 25 feet away from each other if they are either small or medium trees, or 40 feet apart if one or more is a large tree.
(j) 
A tree at mature height cannot be located within 10 feet of any utility line (underground or overhead), hydrant, parking meter standard or underground tank. The actual location of any tree shall be determined by considering visibility, proximity of utility poles, overhead and guy wires, driveways and underground utility installations. (In new subdivisions, all utility lines should be underground).
(k) 
No tree or shrub shall be planted in the vicinity of any corner, street, intersection or access-way intersecting a public right-of-way where such tree or shrub may be an obstruction to visibility. Nor shall any tree or shrub interfere with the clear sight triangle requirement of the zoning code, or extend into street corner visibility areas or become a traffic hazard.
(l) 
A clear sight triangle shall be provided at all streets and all marginal access streets. Within such triangles, no object other than utility poles shall be permitted which obscures vision above the height of 30 inches and below 10 feet measured from the center line grade of intersecting streets.
[Ord. 13-1990, 91 § 1, passed 4-9-1990]
(a) 
Tree pits shall be at least 1 1/2 times the size of the ball in width and depth. The top of the root ball shall be on the same grade as ground level.
(b) 
Planting time. Any nursery stock may be planted after September 1 and before June 30 when the soil is frost-free.
(c) 
If balled and burlapped, the twine covering the upper half of the ball shall be rolled back or cut away after the plant has been set. If stock is grown or wrapped in a nonbiodegradable container, remove container or wrap before planting (such as plastic, treated burlap or wire baskets).
(d) 
The planting hole shall be backfilled to 3/4 full with soil, followed by at least five gallons of water. When the water has been absorbed, the hole shall be filled with topsoil and tamped lightly to finished grade and followed with an additional five gallons of water. An area of no less than 25 square feet shall remain open, free of bricks, concrete, asphalt, etc., around the base of the tree unless otherwise approved by the Commission.
(e) 
Upon completion of the transplanting operation the landowner may apply three inches of bark mulch over the planting area to retain moisture and prohibit weed growth.
[Ord. 13-1990, 91 § 1, passed 4-9-1990]
(a) 
Prior to commencing any work, the developer shall submit a shade tree plan to the City Shade Tree Commission. This plan shall include the following:
(1) 
A north point and scale (scale not to exceed one inch equals 40 feet with one inch equals 20 feet desirable).
(2) 
The location, size, surface materials and color of all structure(s), parking areas, storm retention areas and other man-made elements.
(3) 
The location, type, size and quality of proposed shade trees, common and botanical names shall be identified adjacent to the trees or by use of a key and legend.
(4) 
Scale shown for shade trees shall reflect mature size.
(5) 
The location of all underground and overhead utility lines, fire hydrants, underground tanks and adjacent right-of-ways.
(6) 
A completion date of all plantings.
(b) 
The Commission shall recommend that a zoning permit or subdivision approval be given if the plan meets the requirements listed above and the intent of this article without negatively impacting any other land use or the circulation of traffic.
[Ord. 13-1990, 91 § 1, passed 4-9-1990]
All development or activities identified above that take place after the effective date of this article shall be required to conform to the provisions of this article.
[Ord. 13-1990, 91 § 1, passed 4-9-1990]
The developer, his successor, and/or the property owner shall be responsible for regular fertilization, pruning and other maintenance of all trees as needed, including replacement, or as deemed necessary by the City Shade Tree Commission.
[Ord. 13-1990, 91 § 1, passed 4-9-1990]
Any person, firm or corporation who violates any of the provisions of this article or who fails to comply with any of the requirements thereof, shall upon conviction thereof be fined not less than $25 and no more than $300 and/or be imprisoned not more than 90 days. Each day during or on which a violation occurs or continues shall be deemed a separate offense. The imposition of any fine for any violation of this article shall not excuse such violation(s) or permit same to continue.