[HISTORY: Adopted by the Board of Supervisors of the Township
of Lower Makefield 4-17-2019 by Ord. No. 420. Amendments noted where
applicable.]
This article shall be known as the "Lower Makefield Township
Heritage Tree Protection Ordinance."
In enacting the Lower Makefield Township Heritage Tree Protection
Ordinance, the Board of Supervisors finds that trees benefit the Township
of Lower Makefield in the following respects:
A.
Local climate and energy use: Trees influence thermal comfort and
energy use and air quality by providing shade, transpiring moisture,
and reducing wind speeds. When properly placed, trees cool buildings
and paved surfaces, and can save an average household significant
energy costs;
B.
Air quality: Trees improve air quality by lowering temperatures,
altering emissions from building energy use and other sources, and
removing air pollutants through their leaves;
C.
Climate change: Trees directly store carbon within their tissues
thereby reducing carbon emissions from power plants and other sources;
D.
Water flow and quality: By intercepting and retaining or slowing
the flow of precipitation reaching the ground, trees prevent erosion
of topsoil and sedimentation in waterways, reduce amounts of stormwater
runoff, improve water quality, and reduce the amount of waterborne
pollutants (harmful substances washed off roads, parking lots and
roofs during rain/snow events) that reach streams and rivers;
E.
Wildlife and biodiversity: Trees help create and enhance animal and
plant habitats and can act as reservoirs for endangered species;
F.
Soil quality: Trees help remediate soils by absorbing, transforming
and containing contaminants;
G.
Real estate: Landscaping with trees can increase property values,
thereby increasing the Township's tax base;
H.
Community and individual well-being and public health: Trees make
important contributions to the economic vitality and character of
Lower Makefield Township. Trees make our community a more aesthetic,
pleasant and emotionally satisfying place to live, work and spend
leisure time. Trees also provide numerous health benefits, such as
the reduction of ultraviolet radiation and its associated health problems.
The Lower Makefield Township Heritage Tree Protection Ordinance
establishes policies, regulations, and standards for the protection
and removal of Heritage Trees within the Township, in order to retain
as many large or otherwise notable trees as possible and ensure that
the Township will continue to realize the benefits provided by its
tree resources. The provisions of this article are enacted to:
A.
Establish and maintain the maximum sustainable amount of tree cover
on public and private lands in the Township.
B.
Maintain Township Heritage Trees in a healthy and nonhazardous condition.
C.
Establish and maintain appropriate diversity in tree species and
age classes to provide a stable and sustainable tree population within
the Township.
D.
Establish a Heritage Tree Program that will encourage private owners
to voluntarily preserve and maintain large or otherwise notable trees
on their properties.
As used in this article, the following terms shall have the
meanings indicated:
A person who has met the criteria for certification from
the International Society of Arboriculture, American Society of Consulting
Arborists, or similar professional organization, and maintains accreditation.
A tree's circumference measured in inches at a height
of 4 1/2 feet above grade. When a fork in the trunk occurs at
or above 4 1/2 feet, the CBH is the smallest circumference at
4 1/2 feet or below. When the fork occurs below 4 1/2 feet,
or the tree splits into multiple stems at ground level, each stem
is considered a separate trunk and is measured accordingly.
A tree that is cracked, split, leaning, has a dead top or
a large dead limb high in the crow, or is otherwise physically damaged
to the degree that it is likely to fall and injure persons or property.
An individual tree considered an important community resource
because of unique or noteworthy characteristics or values. One or
more of the following criteria are used to define a heritage tree:
Size: Any state or national champion tree, as recognized by
Big Trees of Pennsylvania (The Big Tree Committee of the Pennsylvania
Forestry Association) or the National Register of Big Trees (American
Forests); any tree appearing on the Audubon Society's Bucks County
Historic Tree Registry; or any tree nominated and accepted by Lower
Makefield Township as a local champion tree. Local champion trees
will be determined by using the American Forests point system to rate
tree size, with total point value measured against the Pennsylvania
Forestry Association database of all trees approaching the total point
value of champions for each species.
Species: Trees that are associated with the character of the
community.
Age: Trees that are known to be especially old. Age shall be
documented with existing historical accounts, photographs, and/or
association with historical structures. CBH is to be considered, but
shall only be used as a crude estimator of a tree's age.
Historic significance: Trees associated with a notable local
or regional historical event, person, structure, or landscape.
Ecological value: Trees that have especially high ecological
value because of their location, size, species, and/or condition.
This includes, but is not limited to, trees that act as important
roosting or nesting sites, or food sources, for certain wildlife species;
play a critical role in stabilizing soil; or provide important genetic
resources for a local tree population or a species as a whole.
Any tree or group of trees of local significance specifically
designated by the Board of Supervisors.
An invasive tree is one that grows aggressively, spreads,
displaces other trees or plants and has generally been introduced
from other continents. Lacking natural predators, disease, or other
natural controls, invasive trees can dominate large areas, diminish
and/or limit biodiversity, are expensive to control and are directly
responsible for the extinction and loss of natural plants that have
evolved in communities with other plants, wildlife, insects and micro-organisms.
The Pennsylvania Department of Conservation and Natural Resources
maintains a periodically updated list of invasive trees that is available
to the public.
A native tree is one that occurs naturally in an area without
human intervention and that was growing in the area prior to the time
of European settlement. Such trees are adapted to the local climate
and tend to be more drought- and disease-resistant than introduced
varieties and they help preserve the balance and beauty of natural
ecosystems. For purposes of this article, the range of native trees
shall be the Lower Delaware Valley, Piedmont-Coastal Plain areas.
A system devised by American Forests used to determine biggest
trees of each native species. Scoring is based on the sum of three
required tree measurements: Circumference at breast height (inches)
+ total height (feet) + one-fourth average crown width (feet).
Removal of branches from a tree using proper tools and approved
cutting techniques, in accordance with the American National Standards
for Tree Care Operations, ANSI A300.
A woody plant with an erect, perennial stem; a well-defined
crown of foliage; and a total vertical height of at least 13 feet.
An area that is radial to the trunk of a tree in which no
construction or other potentially harmful activity shall occur. The
tree protection zone shall be 15 feet from the trunk of the tree,
or the distance from the trunk to the drip line, whichever is greater.
To cut down a tree or remove 30% or more of the crown, trunk,
or root system of a tree; or to damage a tree that results in the
tree to decline or die. "Removal" includes, but is not limited to,
topping, damage inflicted upon a root system by application of toxic
substances, operation of equipment and vehicles, storage of materials,
change of natural grade due to unapproved excavation or filling, relocation
or unapproved alteration of natural physical conditions, but excludes
normal trimming or pruning of trees.
This article applies to all trees that are approved as heritage
trees, and as defined hereinabove, which may be located on Township
property, including rights-of-way, or on private property. Trees approved
are subject to the Township or private property owner submitting a
completed and signed nomination/registration form to the Township
for inclusion in the Heritage Tree Program. Upon approval by the Township's
Department of Building, Planning and Zoning, and upon submission of
a copy of a recorded restrictive deed covenant regarding the proposed
heritage tree, the protections afforded by this article shall remain
in full force and effect until the tree's natural death. All
subsequent owners of the property where the tree is located will be
subject to all the terms of this article and the restrictions as recorded
of record in accordance with the deed restrictive covenant. Preference
of approval will be given to native trees of this area, but any tree
that otherwise meets the requirements of this article may qualify
for approval as a heritage tree.
It shall be the policy of the Township and all property owners
who opt into the Heritage Tree Program to use reasonable efforts to
maintain and preserve all heritage trees in a state of good health
pursuant to the provisions of this article. Failure to do so shall
constitute a violation of this article.
B.
Private owners.
(1)
Trees on private lands may be nominated for inclusion in the program
by completing a heritage tree nomination/registration form and submitting
it to the Township by the property owner. If the drip line or root
system of a proposed heritage tree is located on more than one individual
private property, all owners must jointly submit the completed nomination
form, jointly submit a copy of a duly recorded restrictive covenant
deed and shall jointly agree to comply with all the terms of this
article. Nominating forms shall be submitted to and reviewed by the
Township's Department of Building, Planning and Zoning. Upon
a tree's acceptance into the Heritage Tree Program, a certificate
of registry and/or a plaque shall be issued to the owner(s) to confirm
the tree's acceptance as a heritage tree and the tree shall be
entered into the Lower Makefield heritage tree registry. Information
concerning the location of heritage trees on private property shall
not be released to the general public without the specific written
approval of the property owner(s) in a form to be known as "consent
to publish." In the case of threatened or endangered trees, information
concerning the location of the approved tree shall not be released
if such information is prohibited by federal law.
(2)
Private owners who opt-in to the Heritage Tree Program shall use
reasonable efforts to maintain and preserve their heritage trees in
a state of good health pursuant to the provisions of this article.
A tree care manual shall be provided to owner(s). Once a tree is accepted
into the program, the protection afforded by this article shall remain
in effect until the natural death of the tree. Also, the required,
signed deed restrictive covenant shall bind all future property owners
to all the terms of this article.
C.
Public lands.
(1)
Trees on public lands may be nominated and considered for approval
as a heritage tree by the submission of a nominating form to the Township
for review and approval. Any resident within the Township may nominate
a tree on public lands. The Board of Supervisors shall determine if
the nominated tree on public lands shall be approved as a heritage
tree, subject to all terms and conditions of this article. The Township
shall use reasonable efforts to maintain and preserve all heritage
trees on public lands in a state of good health pursuant to the provisions
of this article.
A.
Tree protection zone.
(1)
Any person who conducts any grading, excavation, demolition, or construction
activity on property shall do so in such a manner as to not threaten
the health or viability, or cause the removal of, any heritage tree.
No construction or other potentially harmful activity shall occur
within a radius of 15 feet from the trunk of the tree, or the distance
from the trunk to the drip line, whichever is greater.
(2)
Any work performed within the tree protection zone shall require
submittal of a tree protection plan for review and approval by the
Township's Department of Building, Planning and Zoning prior
to the issuance of any permit for grading or construction.
(3)
The tree protection plan required for any permit set forth above
shall be prepared by a certified arborist or comparable specialist
and shall include recommendations for protective fencing and protective
techniques to minimize impacts associated with grading, excavation,
demolition, and construction.
B.
Removal and major pruning of heritage trees prohibited.
(1)
It is unlawful for any person to remove, or cause to be removed,
any heritage tree from any parcel of property within the Township,
or prune more than 1/4 of the branches, crown or roots of the heritage
tree within a twelve-month period, without obtaining a permit approved
by the Township's Department of Building, Planning and Zoning.
(2)
Under certain emergency conditions, such as damage resulting from
storm or fire, or in circumstances when a heritage tree is imminently
dangerous to life or property, a heritage tree may be removed without
a permit, by order of the Police Chief, Fire Chief or Public Works
Director, or by recommendation from a certified arborist or comparable
specialist as first submitted to the Township.
(3)
It is unlawful to cut down a heritage tree; remove 30% or more of
its crown, trunk, or root system; vandalize; or damage a tree (by
nailing, affixing signs, etc.) so as to cause the tree to decline
or die. Topping, damage to the root system by application of toxic
substances, operation of equipment and vehicles, storage of materials,
and alteration of natural physical conditions, and work conducted
without a permit or beyond the scope of an approved permit shall be
considered removal and are strictly prohibited.
C.
Permits for removal or major pruning.
(1)
Any person desiring to remove one or more heritage trees or perform
major pruning (pruning that is excessive of normal trimming and pruning
as defined herein this article) shall first apply for a permit as
approved by the Township. It shall be the joint responsibility of
the property owner and party pruning or removing the heritage tree
or trees, or portions thereof, to obtain the permit. The application
for the permit shall be accompanied by a written recommendation from
a certified arborist or comparable specialist that details the necessity
of removal or major pruning. Permits will be approved and issued by
the Township's Department of Building, Planning and Zoning for
removal or major pruning based on the recommendations of the certified
arborist or comparable specialist, and upon consideration of the following:
(a)
The condition of the tree with respect to disease, danger of
falling, proximity to existing or proposed structures, and interference
with utility services;
(b)
The necessity to remove the tree for construction of proposed
improvements to the property;
(c)
The topography of the land and the effect of the removal of
the tree on erosion, soil retention, and diversion or increased flow
of surface waters;
(d)
The long-term value of the species under consideration, particularly
lifespan and growth rate;
(e)
The ecological value of the tree, such as food, nesting, habitat,
protection, and shade for wildlife and other plant species;
(f)
The number, size, species, age distribution and location of
existing trees in the area, and the effect the removal would have
upon shade, privacy impact, and scenic beauty;
(g)
The number of trees the particular parcel can adequately support
according to good arboricultural practices;
(h)
The availability of reasonable and feasible alternatives that
would allow for the preservation of the tree.
A.
Any denial by the Township of a nomination for inclusion of a requested
tree as a heritage tree must be made to the Lower Makefield Township
Board of Supervisors within 10 days of the denial. The appeal shall
be in writing and shall be filed with the Township for consideration
by the Board of Supervisors. The appeal shall clearly specify the
reasons why the denial of a nomination should be overturned.
B.
After a public hearing on the appeal, the Board of Supervisors shall
render its decision, in writing, which shall be a final and binding
decision.
In addition to all other remedies set forth in this article
or otherwise provided by law, the following remedies shall be available
to the Township for violation of this article:
A.
The Township may issue a stop-work order suspending and prohibiting
further activity on the property. Pending permits may be withheld,
or valid permits may be revoked.
B.
If a heritage tree is removed without a permit, mitigation measures
may be required. The mitigation plan shall include measures for protection
of any remaining heritage trees on the property, and shall provide
for replacement of each tree removed or heavily damaged on the property;
or, payment of a fine not to exceed $ _ _ .00 per violation, to be deposited in the Township's
tree bank account. Replacement value for the removed tree for the
purposes of this section shall be determined utilizing the most recent
edition of the Guide for Plant Appraisal, published by the Council
of Tree and Landscape Appraisers. Remedial actions and replacement
required under this section shall be completed within 60 days of notice
from the Township that such actions are required.
C.
The Township may require the violator to immediately undertake remedial
actions in the event the damaged or hazardous tree is an imminent
threat to the public or property.
D.
In any civil action brought pursuant to this article in which the
Township prevails, the court shall award to the Township all costs
of investigation and preparation for the trial, the costs of the trial,
reasonable expenses including overhead and administrative costs incurred
in prosecuting the action, and reasonable attorney fees.
Should any part or provision of this article be declared by
a court of competent jurisdiction to be invalid, the same shall not
affect the validity of the article as a whole or any part thereof
other than the part held to be invalid.
