For purposes of this chapter, the following words, terms and phrases shall have the meanings indicated in this Section
102-2. Terms used in this chapter that are defined in other chapters of the Code shall have the meanings set forth therein. Terms not defined in the Code shall have their ordinary meanings.
APPLICABLE TREE LAW
Provisions of the Borough Code and Borough rules and regulations,
as amended from time to time, applicable to trees, including tree
conservation, preservation, care, protection and replacement.
APPROVED LIST OF PUBLIC TREES
Trees designated on the West Chester Borough Parks and Yard
Tree List approved by the Tree Commission and as amended from time
to time.
APPROVED LIST OF STREET TREES
Trees designated on the West Chester Borough Street Tree
List approved by the Tree Commission and as amended from time to time.
BOROUGH
The Borough of West Chester.
BOROUGH ARBORIST
The person appointed by the Borough Council to advise the Director of Public Works on the administration and enforcement of this chapter. Such person shall have, at a minimum, the same or higher qualifications as those required for contractors pursuant to §
102-5 of this chapter.
BOROUGH CODE
The duly-enacted Code of the Borough of West Chester.
CALIPER
The diameter of a tree trunk measured at a point six inches
from the ground surface at the center of the base of the tree. This
dimension is used to measure nursery stock for new plantings.
COMPREHENSIVE TREE PROGRAM
A program that addresses all management and care needs of
the Borough urban forest and reflects the goals of the community.
DAMAGED TREE
A tree harmed or damaged by disease, insect infestation or
abiotic factors like faulty pruning, storms, flooding, lightning,
car accidents, improperly developed root systems, premature or late
frost, and other unusual climate conditions.
DBH
Diameter at breast height and is the diameter of a tree trunk
measured at a point 4 1/2 feet from the ground surface at the
base of the trunk. This dimension is used to measure the size of existing
plantings.
DEPARTMENT
The Department of Public Works of the Borough.
DISEASED CONDITION
A pathological condition in a tree causing decline from normal
growth patterns.
DRIP LINE
The area defined by the outmost circumference of the tree
canopy where water drips from the tree and onto the ground.
HAZARDOUS TREE
A street tree or part of a street tree that may fail or fall
due to a diseased condition, mortality, a structural defect or other
condition that, as a result, may cause property damage or personal
injury.
HERITAGE TREE
A tree with a DBH of 24 inches or greater located within the Borough on private or public land except for street trees that are located within the public right-of-way and trees that are listed on the list titled "List of Trees That Are Excluded From Heritage Tree Designation" which is attached hereto as Exhibit A and which shall be
attached to this chapter as an appendix.
[Amended 6-16-2020 by Ord. No. 04-2020]
ISA
International Society of Arboriculture.
LARGE TREE
A tree with a DBH of 20 inches or greater.
MEDIUM TREE
A tree with a DBH of 10 inches or more but less than 20 inches.
PERSON
Any individual, firm, company, partnership, association,
corporation, or organization or entity of any kind.
PROPERTY OWNER
The legal owner listed in the tax assessment records of Chester
County, Pennsylvania of a property subject of the requirements of
this chapter.
PUBLIC TREE
A tree located in or along any public park, trail, greenway
or open space in the Borough, owned, leased or managed by the Borough
or another governmental entity.
REMOVAL ORDER
An order issued by the Tree Commission requiring a property
owner to remove a hazardous tree.
SALDO PLAN
An application and plan filed with the Borough under Chapter
97, Subdivision and Land Development.
SMALL TREE
A tree with a DBH of less than 10 inches.
STREET TREE
A tree located adjacent to, along or upon the side of any
street and within the public right-of-way. A street tree shall not
be considered a heritage tree.
[Amended 6-16-2020 by Ord. No. 04-2020]
TREE
A perennial, deciduous, woody plant having one or more main
trunks and usually a distinct crown or canopy.
TREE COMMISSION
A commission appointed by Borough Council to provide advice
to Council on tree management and to perform functions authorized
and required by this chapter and applicable tree law.
TREE CONTRACTOR
A professional hired to perform tree work in the Borough meeting the requirements of §
102-5.
TREE PROTECTION ZONE
An area where construction activities are prohibited or restricted
to prevent injury to preserved trees, especially during pre-construction
and construction, and includes the critical root zone.
YARD TREE
A woody plant which normally grows with one main trunk to
a height in excess of 20 feet and has a canopy which screens and filters
the sun in the summer and winter, respectively.
All individuals performing tree work in the Borough must meet
the following qualifications and be listed on the Borough's tree contractor
list: a) be certified by the International Society of Arboriculture
(ISA) as a certified arborist; b) provide proof of liability insurance
in an amount of not less than $1,000,000 per occurrence and workers
compensation in an amount determined by statute; c) provide a written
certification that the contractor will adhere to the ISA Code of Ethics;
(d) comply with public utility and Pennsylvania Department of Transportation
requirements and guidelines; and (e) comply with ANSI Z133 Tree Safety
Standards and ANSI A300 Tree Care Standards and Regulations as such
standards are amended from time to time. Tree contractors shall not
subcontract work to any individual or entity that does not meet the
foregoing qualifications.
The protections provided herein shall apply to all street trees, public trees and heritage trees, including but not limited to trees required by an approved SALDO plan, and any activity requiring a building, demolition or other permit under Chapter
43 or any other chapter of the Borough Code, including but not limited to construction or reconstruction of parking lots and sidewalks, underground utility repair and construction, and the construction and/or demolition of buildings and structures.
A. Barriers. In the erection or repair of any buildings or structure,
the builder, contractor or owner thereof shall place protective barriers
around all trees to effectively prevent injury to them.
B. Appraisal. Prior to approval of a SALDO plan or the approval and issuance of a permit under Chapter
43 or any other permit required by applicable tree law, the applicant shall obtain a tree appraisal in accordance with the latest edition of the Council of Tree and Landscape Appraisers' Guide for Plant Appraisal 10th edition, for all trees within the limits of disturbance of the development site.
C. Tree protection requirements.
(1) To the maximum extent possible, all trees within the limits of disturbance
of the development site shall be preserved and the loss or damage
to trees existing on-site which are to remain shall be minimized.
A tree shall be considered preserved if there is no disturbance within
the Tree Protection Zone (TPZ) as hereinafter defined. Disturbance
includes earth disturbance, earth compaction, vehicular and foot traffic,
material stockpiling, and/or the construction of all proposed improvements
and utilities.
(2) A permanent TPZ surrounding both preserved and planted trees shall
be established to protect the critical root zone and tree canopy.
The TPZ shall apply during the construction phase as well. The TPZ
shall be protected by appropriate barriers in accordance with the
standards set forth in A Guide to Preserving Trees in Development
Projects published by the Penn State College of Agricultural Sciences
and Cooperative Extension and in ANSI A300 Part 5 and ISA Best Management
Practices (BMP)-Managing Trees During Construction, 2nd Edition as
such standards are amended from time to time. All tree protection
will be reviewed and monitored by the Borough Arborist.
(a)
The TPZ shall extend to the dripline of the tree at the minimum.
The TPZ shall be larger if recommended by A Guide to Preserving Trees
in Development Projects published by Penn State Agricultural Research
and Cooperative Extension.
(b)
Prior to the start of any clearing, grading, or other earth
disturbance, all trees and other vegetation to be preserved shall
be protected by a conspicuous six-foot-high tree protection barrier
to prevent encroachment into the TPZ by people, material, and vehicles.
The tree protection barrier installation must be approved by the Borough
Arborist and monitored periodically.
(c)
Barriers may be erected around individual trees or groupings
of trees, where feasible.
(d)
Use of immobile chain link fence or a similar highly immovable
material is recommended. Welded wire fencing or other effective barriers
may be used upon approval by the Borough Arborist.
(e)
Fencing or barriers around trees shall be placed outside the
TPZ, unless otherwise approved by the Borough Arborist.
(f)
The tree protection barrier shall be maintained by the applicant
while in place. It shall be removed only after all earth moving and
construction activities that may impact tree roots or canopy are completed
and approved by the Borough Arborist.
(g)
A sign shall be placed on the tree protection barrier to explain
the purpose of the TPZ. Text for the sign shall be furnished by the
Borough Arborist.
(3) There shall be no disturbance within the TPZ, including but not limited
to intrusion into the soil such as digging, trenching and grading,
no activities that will compact the soil, and no stockpiling of construction
materials.
(a)
No grading shall be permitted within the TPZ that would impact
roots. No grade change shall be permitted in excess of a two-inch
cut or two-inch fill of topsoil, sod or mulch.
(b)
The routing of underground utility lines shall be around and
away from all TPZs. In the event underground utilities cannot be rerouted,
installation shall be through directional drilling rather than cutting
open trenches.
(c)
No building materials, dirt, debris, oils, paints, or any other
materials, equipment, or vehicles shall be placed or deposited within
the TPZ nor shall any trenching or paving be done within the protection
area. A separate off-site staging and parking area for the stockpiling
of materials, equipment and vehicles shall be provided for construction
sites constrained by limited size.
(d)
In order to protect tree roots from excessive compaction during
construction where vehicles and/or equipment must pass within a TPZ,
special cushioning measures shall be provided in accordance with accepted
best practices.
(4) The entire tree canopy shall be protected from all construction-related
activities.
(5) The specifications in A Guide to Preserving Trees in Development
Projects published by Penn State Agricultural Research and Cooperative
Extension and ANSI A300 Part 5 and ISA Best Management Practices (BMP)-Managing
Trees During Construction, 2nd Edition, as such standards are amended
from time to time, shall be regarded as best practices and contractors/owners
shall demonstrate their understanding of and adherence to these criteria
including but not limited to the TPZ required for particular species.
(6) In order to avoid damage to newly planted trees, trees shall be planted
only after all major construction activities have been completed.
Planting may occur only when approved by the Borough Arborist, and
only in planting seasons otherwise permitted and as appropriate to
the species.
(7) All proposed tree protection practices, including delineated TPZs, shall be provided on all development and permit plans, as applicable, including but not limited to SALDO plans and any plan required by a building, demolition or other permit under Chapter
43 or any other chapter of the Borough Code, including but not limited to construction or reconstruction of parking lots and sidewalks, underground utility repair and construction, and the construction and/or demolition of buildings and structures.
(8) Should any medium tree, large tree or heritage tree on the development site not scheduled to be removed be irreparably damaged during site development or building construction activities to the extent the tree will not survive, as determined by the Borough Arborist, the tree shall be removed by the developer or the permit holder who shall be subject to a fine in accordance with §
102-12. In addition, the developer or permit holder shall plant three replacement trees a minimum of three inches in caliper listed on the Approved Public Tree List and in accordance with ISA guidelines for tree replanting. Permits need to be reviewed, approved or denied by the Tree Commission.