[Amended 11-10-2020 by Ord. No. 773]
Existing trees, shrubs and plants shall be retained wherever feasible in subdivisions or land developments, either by protection or temporary relocation. Additional trees and new plant material shall be added for privacy, shade, and appearance. Areas meeting the definition of "woodlands" and large trees standing alone with a diameter of 8 inches or more shall be preserved. During construction, the tree protection area, as defined in Article
III of this chapter, shall be protected in the following manner:
A. Protection from mechanical injury. Prior to construction the tree protection area shall be delineated by the following methods:
(1) The tree protection area that is delineated on the site prior to construction shall conform to the approved development plans. All trees scheduled to remain shall be marked; where groups of trees exist, only the trees on the edge need to be marked.
(2) A forty-eight-inch-high snow fence or other suitable fence, mounted on steel posts located eight feet on center, shall be placed along the boundary of the tree protection area, which shall be maintained until all work and construction has been completed. Any damaged section of the protective fencing shall be replaced and/or repaired before further construction shall begin.
(3) Trees being removed shall not be felled, pushed or pulled into a tree protection area or into trees that are to be retained.
(4) Grade changes and excavations shall not encroach upon the tree protection area.
(5) No toxic materials shall be stored within 100 feet of a tree protection area, including petroleum-based and/or -derived products.
(6) The area within the tree protection area shall not be built upon nor shall any materials be stored there either temporarily or permanently. Vehicles and equipment shall not be driven or parked in the tree protection area.
(7) In the case of running utility lines, trenches shall be routed around the tree protection area. Alternatively, a power driven soil auger can be used to tunnel under the tree and reduce root damage. If trenching is unavoidable and auguring is not possible cut as few roots as is necessary, cut them cleanly, recut torn roots to facilitate healing, backfill the trench quickly (do not leave the roots exposed to sunlight and air), then water the damaged roots immediately.
(8) All tree stumps shall be removed. When tree stumps are located within 10 feet of the tree protection area, the stumps and surface roots shall be removed by means of a stump grinder to below grade to minimize the effect on surrounding root systems.
(9) Following any severance of roots, all tree roots that have been exposed and/or damaged shall be trimmed cleanly so that their root surfaces are smooth and cut back to a lateral root, if exposed, and covered temporarily with moist peat moss, burlap, or other biodegradable material to keep them from drying out until permanent cover can be installed.
(10) Sediment, retention and detention basins shall not be located in or discharge into the tree protection area.
(11) Trees shall not be used for roping, cables, signs or fencing. Nails and spikes shall not be driven into trees.
(12) Once the construction is completed the entire root zone of the trees should be watered at least once per week during the growing season for at least one year. Fertilize as required.
B. Protection from grade change. When the original grade cannot be retained at the tree protection area line, a retaining wall or tree well shall be constructed outside the tree protection area. For properties within the Historic District, any retaining wall visible from the street shall be reviewed and approved by the Newtown Borough Historic Architectural Review Board.
(1) The top of the wall shall be four inches above the finished grade level.
(2) The wall materials shall be approved by the Borough. A means for drainage through the wall shall be provided so water will not accumulate on either side of the wall.
C. Trees damaged during construction. Tree trunks and exposed roots damaged during construction shall be protected from further damage. Damaged branches shall be pruned according to International Society of Arboriculture (ISA) standards.
D. If violation of this section occurs during construction, the Borough may issue a stop-work order suspending and prohibiting further activity on the property until a mitigation plan, including protection measures for remaining trees on the property, has been approved by the Shade Tree Commission.