[HISTORY: Adopted by the Board of Supervisors
of the Township of East Norriton as indicated in article histories.
Amendments noted where applicable.]
[Adopted 6-29-2021 by Ord. No. 590]
This article shall be known and may be cited as the "East Norriton
Township Tree Protection Ordinance."
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 these
regulations is to encourage the protection of trees through sound
land use practices. Therefore, the goals of this article are to:
A.
Preserve, protect and maintain existing trees in East Norriton Township
and to increase the overall tree canopy and understory on both public
and private lands therein.
B.
Ensure that all applications for earth disturbance permit, demolition
permit, building permit, subdivision, land development or zoning change
applications shall respect existing trees as a natural resource. As
such, impervious areas shall be laid out in a manner so as to preserve
the healthy trees on the site to the greatest extent possible.
C.
To preserve and protect all individual (and groups of) heritage trees
as defined herein.
D.
To ensure that no trees are destroyed on any property scheduled for
development within two years prior to the submission of an application
for earth disturbance permit, demolition permit, building permit,
subdivision, land development or zoning change application.
E.
To strictly prohibit any clear cutting of trees.
F.
To preserve, protect and encourage the replacement of native species
with native species.
As used in this article, the following terms shall have the
meanings indicated:
The property owner or his authorized representative; the
term includes "developer."
Any tree that is inside the limit of disturbance and is to
be properly protected and not destroyed or injured during construction
as required by this article and as approved by the Township.
A tree on an adjacent property whose root protection zone
intrudes across the property line of the property under consideration.
A measure of nursery stock measured in diameter. For four-inch
diameter stock or smaller, the measure is taken at six inches above
the root ball. For stock above four inches, the measurement is taken
at 12 inches above the root ball.
Large shade trees with deciduous foliage (bare in winter)
generally reaching at least 40 feet in height at maturity.
The indiscriminate and broad removal of trees, shrubs or
undergrowth with the intention of preparing real property for nonagricultural
development purposes. This definition shall not include the selective
removal of nonnative tree and shrub species when the soil is left
relatively undisturbed, the removal of dead or significantly diseased
trees and those trees which pose an imminent danger to the public
health, safety or welfare.
Diameter at breast height; a measure of trunk diameter in
inches, taken at 4 1/2 feet above the natural ground line. The
measured section of the tree should be free of branches and representative
of the typical age of the tree species. DBH measurement is applied
to existing trees (compared to caliper used for nursery stock).
The boundary created by the outermost branches of a tree.
A woody plant capable of reaching a minimum mature height
of 20 feet with foliage persistent for more than one full year, resulting
in a year-round (evergreen) foliage screening capacity.
A deciduous tree, single or multistem, with a minimum height
of 15 feet. Single-stem variety must be a minimum of two-inch caliper.
Multistem must have no less than three stems with a minimum caliper
of 0.75 inch per stem.
A low-growing perennial plant.
A tree with uncorrectable defects severe enough to pose present
danger to people or buildings under normal conditions, as determined
by the Township.
A narrow linear vegetated area with a mix of woody trees
and shrubs formed along farm fields, pastures and property lines.
Hedgerows may be considered as a desirable visual characteristic of
a rural landscape, warranting preservation during the subdivision
or land development process.
A tree located on public or private property:
Any plant that appears in the most recent invasive plants
list published by the Pennsylvania Department of Conservation and
Natural Resources (DCNR).
Boundary line to be shown on a plan delineating the area
outside of which no activity of any sort relating to transplanting,
demolition, grading, construction, drainage, storage or any other
project activities is permitted.
A designated parcel, tract or area of land established by
a plot or otherwise as permitted by law to be used, developed or built
upon as a unit.
A plant species indigenous to the Northeastern United States
that occurs naturally in a particular region, state, ecosystem, and
habitat without direct or indirect human actions.
Any person, agent, operator, firm or corporation having a
legal or equitable interest in the property; or recorded in the official
records of the Commonwealth of Pennsylvania, County of Montgomery
or East Norriton Township as holding title to the property; or otherwise
having control of the property, including the guardian of the estate
of any such person, and the executor or administrator of the estate
of such person if ordered to take possession of real property by a
court.
Any tree that is destroyed, injured or otherwise not protected
according to the provisions of this article.
A tree required to be planted per this article to compensate
for the removal or damage of existing trees on a site.
The area within a tree's temporary protection fencing
which is to be maintained throughout the entire period of any construction.
The protective fencing shall be placed at a distance calculated at
1.25 feet (radius) per each one inch of (DBH) diameter at breast height
or to the outer edge of the dripline, whichever is greater.
Area that contains native and/or nonnative annual and perennial
plants, including a mix of grasses and herbaceous flowering plants
that match the growing conditions of the site.
A woody plant or a portion thereof that has a minimum three-inch
caliper, is 14 feet or more in height, has eight feet minimum spread
with clear trunk to seven feet, and has full branching structure.
A woody plant, usually with multiple stems, each of which
has a DBH of less than three inches with a minimum height of 24 inches.
Any hard-wooded perennial plant, whether evergreen or deciduous,
or a species which normally reaches a height of eight feet or more
at maturity.
Plan identifying the size, species and location of all existing
trees having a diameter at breast height (DBH) of six inches or greater
and denoting each tree to be saved, removed or planted with the location
of the tree protection fences and the proposed schedule of replacement
trees.
A.
Unless exempt, any property owner or developer who makes application
for an earth disturbance permit, demolition permit, building permit,
subdivision, land development or zoning change application, shall
comply with the terms of this article.
B.
No clear-cutting shall be permitted under any circumstance.
C.
Except as to heritage trees, this article is not intended to apply
to:
(1)
The removal of trees from a lot containing an existing single-family
residence, unless such removal is a part of earth disturbance activities
that impact 5,000 square feet or more of area. However, no property
owner or occupant shall be permitted to remove trees if such trees
have been planted or preserved to meet the requirements of Township
ordinances or an application approved by the Township.
(2)
The removal of trees identified as dead or diseased by the Township
Arborist.
(3)
The removal of trees for sale in the ordinary course of business
from horticultural properties, such as farms, nurseries or orchards.
(4)
The removal of any tree which has become or threatens to become a
danger to life or property.
(5)
The removal of trees required for approved utility construction within
established easement areas.
(6)
Forestry practices, in keeping with established best management practices
for selective harvesting and sustained yield forestry.
D.
The removal of more than 50% of the trees on any lot shall not be
permitted under any circumstance unless expressly permitted by the
terms of this Code.
A.
Tree survey plan.
(1)
Each and every application for an earth disturbance permit, demolition
permit, building permit, subdivision, land development or zoning change
application shall include a tree survey plan except any action that
does not include ground coverage disturbance.
(2)
The tree survey plan shall contain existing and proposed topographic
information at two-foot contour intervals and shall show all existing
and proposed buildings and structures, driveways, and parking areas,
drainage structures, water detention/retention areas, utilities, construction
material staging area and all limits of grading.
(3)
The tree survey plan shall denote each tree to be saved, lost or
destroyed, the location of tree protection fences for each tree to
be saved, and the proposed tree replacement schedule.
(4)
Subject to the recommendation of the Township, the number of trees
shall be calculated using the guidelines listed in this article.
(5)
Any tree lost or destroyed within two years prior to the submission
of an application shall be shown on the tree survey plan as a "removed
tree" and shall be replaced in accordance with this article.
(6)
Heritage trees and boundary trees shall be individually noted on
the tree survey plan.
B.
Tree protection and preservation.
(1)
Protective fencing. Every application subject to this article shall
be prepared in such a manner to preserve the healthy trees and shrubs
on the site. Prior to the preconstruction conference with the Township's
designee, protective fencing shall be placed around trees to minimize
damage to root systems. The protective fencing shall be placed around
the root protection zone. The fencing shall be highly visible orange
construction fence, at least four feet high and staked with posts
every five feet on center. Nothing shall be stored, stockpiled, temporarily
placed or allowed in the root protection zone. This fence will be
installed prior to any and all work conducted, e.g., excavation, grading,
trenching (especially silt fence), cleaning, etc. No fuel storage,
refueling or maintenance of equipment or wash down of cement handling
equipment shall be permitted within 100 feet of any tree to be preserved.
Any damage to the fencing or encroachment on the protected areas shall
be remedied immediately. Any observed damage to the trees shall be
immediately reported to the Township and remedied as soon as is practicable.
At the discretion of the Township, approved preserved trees that have
not been adequately protected or damaged may be required to be removed
and replaced at the expense of the applicant.
(2)
Preconstruction conference. Upon approval of any permit subject to
this article, and prior to any construction, demolition or earth disturbance
on the site, a preconstruction conference shall be held on the site
between the Township's designee and the applicant. The Township's
designee shall inspect the tree protection fences and other protective
devices which have been installed to protect trees.
(3)
After the preconstruction conference, the Township's designee
shall notify the Township of its findings in writing. Upon approval
of the tree protection measures by the Township, demolition, grading
and construction may proceed, provided that all pertinent permits
have been secured.
(4)
Invasive vines. Invasive vines which threaten the health of any approved
preserved tree shall be cut at the base using a hand saw, snips or
loppers, and treated with a basal herbicide to minimize regrowth.
The vine shall not be pulled out of the tree but shall be allowed
to die in place.
(5)
Replacement tree requirement.
(a)
Every tree determined to be living and healthy, with a DBH of
six inches or greater and which is designated to be removed or which
is destroyed, shall be replaced with one or more new shade trees of
a type approved by the Township Arborist with a trunk diameter of
not less than three inches in caliper. The total caliper of replacement
trees, measured at six inches above the ground line, shall equal or
exceed 35% of the DBH of the tree removed.
(b)
No heritage tree is to be removed for any reason without the
prior approval of the Board of Supervisors after recommendation by
the Township Arborist. Any heritage tree removed without approval
by the Board of Supervisors must be replaced with trees of equivalent
value as recommended by the Township and approved by the Board of
Supervisors.
(c)
Replacement trees shall be planted in addition to the trees
required by planting requirements otherwise set forth in the Subdivision
and Land Development Code.[1] All replacement trees shall have deer protection on the
tree trunks at a minimum of 4 1/2 feet from the ground up to
prevent bark damage without the use of chemicals. Said deer protection
shall remain in place 18 months from the post-construction conference.
(d)
If the Township determines that there is not sufficient area
on the development site for the placement of all replacement trees,
a percentage of the replacement trees that can be planted on the development
site will be increased in caliper size from the three-inch minimum.
(e)
The species of replacement trees shall be subject to the prior
approval by the Township. Species are to be hardy to the area and
noninvasive and 50% shall be native, consistent with the provisions
of this section. The applicant can refer to the Pennsylvania Department
of Conservation and Natural Resources Bureau of Forestry's latest
publication of tree species for listing of selections.
(f)
Subject to the prior approval of the Township:
[1]
A maximum of 30% of the replacement trees may be replaced with
ornamental/flowering trees or evergreen trees at a ratio of two flowering
or two evergreen trees per required three-inch-caliper shade tree.
[2]
A maximum of 10% of the replacement trees may be replaced as
shrubs groundcover at a ratio of 40 plants to one three-inch-caliper
shade tree. The minimum size of the groundcover will be a one-gallon
container.
(g)
Calculation and estimation of existing trees to be indicated
on the tree survey plan shall be performed before any clearing commences
and shall be performed in the presence of the Township or its designee.
(6)
Post-construction. Calculation of approved trees actually remaining
after construction shall be performed by the Township or its designee
based on a procedure similar to that used in completing the tree survey.
In the event the completed project is not in compliance with the approved
schedule of preserved trees on the final plan, the applicant shall
receive written instructions from the Township addressing reparation
for all removed trees. The applicant shall complete the reparation,
weather permitting, within 45 days of receiving such notification.
(7)
Replacement guarantee. All replacement plantings shall be guaranteed
and maintained in a healthy and/or sound condition for at least two
full growing seasons or shall be replaced.
A.
In addition to the other provisions of this article, the penalties
for any violation of this article, including, without limitation,
failure to comply with a plan approved by the Township, shall be guilty
of a summary offense and upon conviction thereof shall be subject
to the enforcement remedies within the East Norriton Township Code
and any other applicable law.
B.
Any person who violates this article, including property owners,
occupants, tree companies and gardeners, may be held liable for a
violation of this article. If a violation occurs during construction,
the Township 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 Township.
