[Adopted by the Township Council of the Township of College 1-4-2021 by Ord. No. O-21-01.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 113,
Heritage Tree Program, adopted 1-21-2016 by Ord. No. O-16-01.
To establish the authorized activities of College Township for
the maintenance of both public and private trees, the promotion of
proper tree health and the protection of both the general public and
property, whether public or privately held. Further, to provide the
rights and responsibilities pertaining to the reporting, monitoring,
maintenance and/or removal of trees deemed hazardous on both public
and private property. Finally, to establish the guidance, procedures
and protocols of the Heritage Tree Program.
For the purpose of this chapter, the following definitions shall
have the following meanings:
The diameter of a tree measured at 4 1/2 feet above
the natural grade. In the case of a multistem tree, the caliper is
determined by the size of the largest of the stems.
The upper portion of a tree's limbs, branches and leaves.
The elected governing body of College Township.
An association representing seven supporting organizations
within the green industry. The Council of Tree and Landscape Appraisers
is responsible for developing industry consensus methodologies for
determining the value of vegetation in the landscape. Representatives
to the council collaborate as authors of the Guide for Plant Appraisal
publication.
A tree determined by a certified arborist or Public Works
Director to constitute a threat to the health or structure of other
trees or that presents a risk of property damage or personal injury.
A tree that, due to its age, size, species, quality, or historic
association, is of importance with unique value that makes it irreplaceable,
and its retention as such will not unreasonably interfere with the
use of the property upon which it is located.
Acid, salt, brine water, oil, wood killer or any other substance
injurious to plant growth in any tree.
Notice given by a municipality by certified mail to the affected
property owner(s).
Any tree whose trunk is located in a park controlled by the
Township or its designated agent.
Any individual, firm, partnership, association, corporation,
company or organization of any kind and includes the plural of each.
A tree whose trunk is entirely on private property.
Any public right-of-way, park, easement or other area to
which the Township has title.
Notice published once each week for two successive weeks
in a newspaper of general circulation in the municipality.
Any tree whose trunk is located in a public right-of-way,
park easement or other area to which the Township or other municipal
authority has title.
The College Township Public Works Director or their designee,
be it an employee or contractor.
The surface of and space above and below any real property
in the Township of College in which the Township has a regulatory
interest, or interest as a trustee for the public, as such interests
now or hereafter exist, including, but not limited to, all streets,
highways, avenues, roads, alleys, sidewalks, tunnels, viaducts, bridges,
skyways, or any other public place, area or property under the control
of the Township, and any unrestricted public or utility easements
established, dedicated, platted, improved or devoted for utility purposes
but excluding lands other than streets that are owned by the Township.
The phrase "in the right(s)-of-way" means in, on, over, along, above
and/or under the right(s)-of-way.
A public tree whose trunk is located in the public right-of-way.
To lift and reset (a tree, shrub or other plant) in another
soil or situation.
A woody perennial plant, usually having one dominant vertical
trunk and a mature height greater than 15 feet.
A measure of both a tree's structural stability and
health.
The perimeter of a tree's canopy as measured by a circle
extending upward from the ground to the outermost tips of branches.
 Figure 113-1. Tree Drip Line. Area within drip line is tree
protection zone
|
A.
Authorized activities, public trees. The Department of Public Works
is authorized but not limited to perform activities in regard to public
trees including: adopting policies, rules and regulations for tree
management and maintenance; selecting and planting trees in public
areas; ordering the removal of hazardous and/or diseased trees on
public property; overseeing tree maintenance operations; overseeing
tree planting and maintenance operations undertaken by contractors;
reviewing land development plans for landscaping including zoning
and building permit applications; completing and updating inventories
of public trees; completing and updating public tree and landscape
management plans; completing annual work plans and budgets; and developing
and implementing programs of public participation and education.
B.
Authorized activities, private trees. The Department of Public Works
is authorized but not limited to entering private property and performing
activities in regard to private trees including: identifying potentially
hazardous and/or diseased trees, or any part thereof, on private property,
ordering testing, pruning and/or removal of hazardous, potentially
hazardous and/or diseased trees, or any part thereof, on private property;
and in the event of noncompliance by a property owner, remove, prune,
treat, conduct root trenching or otherwise abate the imminent risk
posed by hazardous, potentially hazardous and/or diseased trees using
Department of Public Works or other authorized agency or contractor
forces.
A.
Duty to protect, public trees. In any public park, public area or in any public right-of-way to which the Township has title, no person shall without written permission, cut, prune, break, destroy, overthrow, injure, scrape, paint, deface or remove any street, park or other public tree; or cut, disturb or interfere in any way with the roots of any tree; or remove leaves, flowers or fruit from any tree; or spray with any chemicals or insecticides any tree; or place any rope, sign, poster or other fixture on a tree or tree guard or other device erected to protect such tree; or injure, misuse, or remove any guard or device placed to protect such tree. The penalties for violations of this section shall be those provided in § 113-7B.
B.
General protection of public trees. The penalties for violations
of this section shall be those provided in § 113-7.2.
(1)
Hitching animals, etc., to trees. No person shall fasten a dog or
other animal in any manner to a tree or tree guard or other device
erected to protect such tree, nor cause a dog or other animal to stand
so that such dog or animal can injure a tree.
(2)
Regulations and standards for arbor work. The planting, removal,
pruning, treatment or maintenance of any public tree shall be done
in in accordance with ANSI A300 Tree Care Standards, as revised and
be under the supervision and control of the authorized agents of the
Department of Public Works.
(3)
Protection of public trees during grading, building construction
or repair work on public or private property. In the grading for,
destruction, erection or repair of any building or structure, the
property owner thereof shall place, or require to be placed, a chain
link fencing, or such guards as approved by the Public Works Director,
around the drip lines of all nearby public trees as shall effectually
prevent injury to such trees. Any trenching, excavating, filling or
pruning of limbs or roots within the drip line of any public tree
shall be done with written permission of the Department of Public
Works.
(4)
Pouring injurious substances to injure trees. No person shall purposely
pour salt, salt water, acid, oil, wood killer or any injurious substance
in such a way as to injure any public tree.
(5)
Attaching signs, wires, etc., to trees. No person shall, without
written permission from the Department of Public Works, drive nails,
spikes or by any other manner attach any sign, wire, insulator or
any device for the holding of a wire to any shrub or tree growing
or planted in or upon any public property, in any park, or in or upon
any public right-of-way in the Township.
(6)
Free passage of water and air to tree roots. Every person placing
or maintaining upon the ground in a public right-of-way any stone,
cement, mulch, or other substance or combination thereof, which shall
impede the free passage of water and air to the roots of any public
tree, shall be required to leave open space of ground outside of the
trunk of the tree as may be designated by the Department of Public
Works.
(7)
Utility lines not to contact trees. Every public utility or individual
having any utility line running through, on or over a public highway
in the Township shall securely fasten such wires so that they shall
not come in contact with any tree.
C.
Permits for planting, removal and pruning of public trees. Trees
shall be planted in accordance with approved land development plans.
A permit shall be required for planting, removing or pruning of any
public tree.
(1)
Permit required. No public tree shall be planted, removed or pruned
(including pruning roots over two inches in diameter) without obtaining
a written permit from the Department of Public Works. No person shall
plant any tree in a location, or of a different species or variety,
or of a different size, or contrary to the specifications as given
on the permit by the Department of Public Works.
(2)
Permit application; review by Department of Public Works. The College
Township Department of Public Works shall review and recommend for
approval or denial all permit applications for the planting, removing
and pruning of public trees requested by property owners, neighborhood
associations, organizations, other departments and alike, or in neighborhood
development or other development proposals.
(3)
Permit approval. A permit will be granted by the Department of Public
Works to any person to plant, remove or prune trees on the condition
that the work to be performed shall be done in accordance with ANSI
A300 Tree Care Standards, as revised and be under the supervision
and control of the authorized agents of the Department of Public Works.
(4)
Permit; removal of public trees to accommodate grading or construction
on private property. If grading or construction on private property
requires the removal or canopy or root pruning of any public tree
a permit from the Department of Public Works shall be required. If
a permit for the removal of a public tree is granted by the Township
to accommodate development on private property the applicant shall
provide one of the following as a condition of the permit:
(a)
Transplanting of the public tree to a location approved by the
Public Works Director. The value of the tree as appraised by a method
recognized by the Council of Tree and Landscape Appraisers, said appraisal
shall be paid for by the applicant and provided to the Township as
a bond for one year after the tree's transplanting. If the tree
dies within the one-year bonding period, the applicant shall forfeit
the bond to the Township.
(b)
Providing the Township with payment for the value of the tree
as appraised by a method recognized by the Council of Tree and Landscape
Appraisers said appraisal shall be paid for by the applicant and provided
to the Township.
(5)
Permit approval/denial; appeal to Township Manager and Council. The
applicant or all affected property owners shall have 10 days following
the approval or denial of a tree planting, removal or pruning permit
by the Department of Public Works to appeal in writing to the Township
Manager. If resolution cannot be reached in consultation with the
Township Manager, the appeal shall be forwarded to the Township Council.
Council shall hear the appeal and make a determination within 60 days
of the receipt of the appeal. Further appeal may be pursued as provided
by law.
A.
Duty of property owners, reporting. It shall be the duty of every
property owner in College Township to report any trees that are known
or suspected to have disease or infestation by pests; or that pose
an imminent danger to the public, to the public right-of-way, or to
any other trees or property.
B.
Duty of property owners, maintenance. It shall further be the duty
of every property owner in College Township to test, treat, prune,
remove and properly dispose of or destroy any tree or any part thereof
on their respective property(s) that constitutes an imminent danger
to the public, to the public right-of-way or to other trees or property,
whether such condition is a result of disease, infestation by pests,
injury, structure, poor condition, act of God or any other cause,
and is such that there is imminent or likely danger of the trees or
any part thereof failing, falling, dropping or collapsing upon, or
is such that it in any other way is imminently or likely to cause
injury to any person within close proximity or is imminently or likely
to cause damage to any vehicle, structure, building or other property
that is within close proximity from their property in accordance with
the best practices recommended by the Pennsylvania State University,
their extension service, or the United States Department of Agriculture.
C.
Duty of property owners and others, limiting spread of disease and pests. It shall further be the duty of every property owner; and every arborist, landscaper, utility company, contractor or other vendor providing tree care services in College Township to follow the best practices in limiting the spread of disease and/or pests including, but not limited to, observation of appropriate pruning schedules, sealing and wound dressings and limiting the use of boot spurs or spikes, or the like where appropriate. The penalties for violations of this section shall be those provided in § 113-7D and E.
D.
Hazardous trees, emergency measures on public property. Whether in
the public right-of-way or public area, if the condition of any tree
or any part thereof constitutes an imminent danger to the public,
to the public right-of-way or to other trees or property on Township
property, whether such condition is a result of disease, infestation
by pests injury, structure, poor condition, act of God or any other
cause, and is such that there is imminent or likely danger of the
trees or any part thereof failing, falling, dropping or collapsing
upon, or is such that it in any other way is imminently or likely
to cause injury to any person within close proximity or is imminently
or likely to cause damage to any vehicle, structure, building or other
property that is within close proximity, then the Public Works Director
shall be authorized to, or may by contract with an authorized agency,
remove, prune, treat or otherwise abate the imminent risk, or cause
the same to be done, in order to render safe such risk condition for
any tree.
E.
Hazardous trees, emergency measures on private property.
(1)
For trees on private property, if the condition of any tree, or any
part thereof, is in the opinion of the Public Works Director constituting
an imminent danger to the public, to the public right-of-way or to
other trees or property on Township or private property, whether such
condition is a result of disease, injury, structure, poor condition,
act of God or any other cause, the Public Works Director shall require
the pruning or removal of trees.
(2)
If within 30 days after the date of mailed notice sent by certified
mail with return receipt requested to prune or remove the trees, the
property owner has not complied with that order, then the Public Works
Director shall be authorized to, or may by contract with an authorized
agency or contractor, remove, prune, treat or otherwise abate the
imminent risk, or cause the same to be done, in order to render safe
such risk condition for any tree. The cost of pruning and removal
of trees by the Township shall be charged to the property owner. In
the case of nonpayment, the charge shall be issued in the form of
a lien against the real estate of the property owner and shall be
collected in the same manner as other municipal liens.
F.
Potentially hazardous trees on private property.
(1)
For trees on private property which, in the opinion of the Public
Works Director, are sufficiently damaged, diseased or in such condition
as to contribute a probable or possible risk to the public, to the
public right-of-way or to other trees or property on Township property,
whether such condition is a result of disease, pest infestation, injury,
structure, poor condition, act of God or any other cause, the Public
Works Director may order the pruning or removal of trees of probable
or possible risk by certified mail, return receipt requested.
(2)
Property owners required to prune or remove trees deemed potentially
hazardous by the Public Works Director shall have 30 days following
receipt of the order to prune or remove such trees, to appeal through
the Public Works Department to the College Township Council. The College
Township Council shall hear the appeal and make a determination within
60 days of the receipt of the appeal. Further appeal is as provided
for by law.
(3)
If the property owner does not appeal the order within 30 days of mailed notice, or does not prune or remove the trees within 14 days of the appeal decision, then the Public Works Director shall be authorized to remove, prune, treat, root trench or otherwise abate the imminent the risk condition for any tree. The cost of abating the risk condition by the Township shall be charged to the property owner. In the case of nonpayment, the charge shall be issued in the form of a lien against the real estate of the property owner and shall be collected in the same manner as other municipal liens. Further penalties for violations of this subsection shall be those provided in § 113-7.
G.
Trees infected with disease and/or infested by pests; abatement measures to protect the public. In any instance which, in the professional judgment of the Public Works Director and/or Arborist trees located on public or private property have the appearance of being infested by pests, such as emerald ash borer, Asian long horned beetle, hemlock woolly adelgid, spotted lantern fly or other nuisance-type pests, or has the appearance of being infected by Dutch Elm Disease, Elm Yellows Disease, Oak Wilt or any other infectious disease, as such terms are known and used by and among certified arborists, the Public Works Director and/or Arborist or their agent shall inspect the condition of such trees. If upon such inspection, any tree is found to harbor any such pest or infectious disease as referenced above, the Public Works Director shall be authorized to declare the trees, or any part thereof, to be hazardous and through the Department of Public Works, order the monitoring, pruning, treatment, abatement or removal of the trees, or part thereof, within such period of time deemed appropriate by the Public Works Director and in accordance with requirements and stipulations outlined in § 113-5D and E.
Large mature trees of College Township are a distinct part of
the Township's heritage and add to the quality of life valued
by its residents. As such, College Township is establishing a voluntary
program to reward owners of large, mature trees for keeping them in
a state of good health.
A.
Criteria. For any individual tree to be considered a heritage tree,
it must meet the following requirements:
(1)
The tree must have a caliper of at least 40 inches as measured at 4 1/2 feet above the natural grade. A tree smaller than 40 inches may be considered if it can meet two of the traits listed in Subsection A(3) below.
(2)
The tree shall be a tree that is considered a noninvasive species
as established by the Pennsylvania Department of Conservation and
Natural Resources or its successor agency.
(3)
The tree must also possess one or more of the following traits:
(a)
The tree has a distinctive size, shape, or age that is exceptional
for its particular species;
(b)
The tree is of a rare species;
(c)
The tree is distinctive due to a functional or aesthetic relationship
to a natural resource, such as trees located along stream banks or
along ridgelines; or
(d)
The tree has a documented association with an historical figure,
property, or significant historical event.
(4)
The tree must be in good health as determined by a certified arborist.
B.
Designation process. To receive status as a heritage tree, the owner
of a tree must submit an application to the Township for staff review
with the ultimate decision made by Council. The following is the process
for submittal and review of an application for heritage tree status.
(1)
The following documentation must be submitted with the application.
(a)
Along with the application, the applicant shall also submit
a narrative stating the following:
(b)
Photo(s) of the tree to be designated. Multiple angles and/or
seasons would be ideal.
(c)
Evidence that the owner will place a deed restriction on their
property for their heirs and/or assigns to ensure they are aware of
the heritage tree status.
(d)
Signed statement from the property owner where the tree is located
stating that he/she is aware of the restrictions that may come with
owning a tree designated as a heritage tree, such as limitations on
removal and the need to keep the tree in good health.
(2)
The Township shall have 60 days to grant or deny heritage status.
Within that sixty-day time frame, Department of Public Works staff
will review the application to determine whether or not it meets the
minimum criteria, as well as assess the overall health of the tree
by an arborist designated by the Township.
(3)
Upon completion of the Department of Public Works staff review, a
report with a recommendation from staff will be provided to Council.
(4)
If Council grants heritage tree status for a tree, it shall be noted
through resolution to be adopted by the Council noting the granting
of the heritage tree status.
(5)
The Township shall prepare a plaque (if the owner chooses to have
one) that will be placed on the property in the general vicinity of
the heritage tree and will reimburse the owner fees for recording
changes to the owner's deed.
C.
Heritage tree removal. No persons shall cut or remove a heritage
tree without first receiving permission from Council. This does not
include tree pruning in which the majority of the crown is left in
place. The removal of said tree shall only be permitted if one of
the criteria is satisfied in accordance with arboricultural standard
practices:
(1)
Retention of the tree would make reasonable use of the property allowed
under the current zoning impractical or impossible, meaning that the
property could not be used for anything other than what it is in its
current state;
(2)
The tree is hazardous, diseased, or storm damaged and poses a threat
to the health, safety, or welfare of the public including the tree's
owner; or
(3)
The tree needs to be removed to accomplish a public purpose and no
practical alternative exists. This would include road widening, installation
or repair of utility lines, etc.
A.
Failure to comply with order or notice. Any person who violates any section of this chapter, and subsequently fails to comply after receiving a written order or mailed notice from the Department of Public Works, or other form of charge of violation, as applicable, such person may, upon conviction, be guilty of a summary offense and subject to a fine of up to $500 for each violation. This penalty is in addition to having a municipal lien placed against the real estate of the property owner as outlined in § 113-5B and C.
B.
Unlawful public tree destruction, removal or injury. Any person who,
without the written permission of the Department of Public Works,
cuts, breaks, destroys or removes any public tree, or permits or allows
any other person to do so shall:
(1)
Plant or cause to be planted, or if there is a written agreement
signed by such person and accepted by the Department of Public Works,
by which such person agrees to reimburse the Township for costs incurred
by it, permit the Department of Public Works to plant similar trees
to replace the equivalent total cross-sectional area of the tree which
was unlawfully cut, broken, destroyed or removed. In all instances
of replacement pursuant to this subsection, such replacement trees
shall be sufficient to replace the total cross-sectional area as measured
at diameter at breast height (DBH) of the tree removed. For example,
for every six-inch diameter tree removed, it shall be replaced with
one six-inch tree, or four three-inch trees or nine two-inch trees,
all in a manner satisfactory to and in locations approved by the Department
of Public Works. It shall be a violation of this section for any person
to fail to replant any tree when, as, and if directed by the Department
of Public Works to do so. For purposes of this section, the word similar
shall mean and include a tree that has a minimum diameter of two inches
or more and is approved by the Department of Public Works.
(2)
For willfully injuring or killing a living tree in any public area
by cutting, debarking, breaking, pruning of roots over two inches,
pruning for lights or views, by the use of herbicides, use of a vehicle
or in any other manner wherein it is determined by that such damage
or destruction was intentionally inflicted, such person may, upon
conviction, be guilty of a summary offense and subject to a fine up
to $500 for each violation as well as the cost of repairing or replacing
each damaged tree shall be levied. The value of tree(s) to be repaired
or replaced shall be determined by an International Society of Arboriculture
Certified Arborist using a valuation method approved by the Council
of Tree and Landscape Appraisers, said appraisal shall be paid for
by the property owner, contractor or other person who injured or killed
a living tree in any public area and said appraisal shall be provided
to the Township.
C.
Interference with Township departments. No person shall prevent,
delay, harass or interfere with the Department of Public Works or
any other Township department, or any of their agents or employees,
including any employees of the Department of Public Works in the planting,
pruning, spraying or removing of a public tree, or in the removal
of any stone, cement or other substance about the trunk or roots of
a public tree, or in any other aspect of the administration and enforcement
of the provisions of this section. Any person who violates the provisions
of this section may, upon conviction, be guilty of a summary offense
and subject to a fine of up to $500.
D.
Unlawful to prune oak trees during certain times of the year. To
prevent the spread of Oak Wilt, within the Township, it shall be unlawful
for any person to prune, or allow to be pruned, any private or public
oak trees from April 1 to October 31 without first obtaining a permit
from the Department of Public Works, which may be issued to address
emergency conditions. Any person who violates the provisions of this
subsection may, upon conviction, be guilty of a summary offense and
subject to a fine ranging from $500 to $5,000 depending on the severity
of the offense.
E.
Unlawful to climb oak trees with boot spurs or spikes. To prevent
the spread of Oak Wilt, it shall be unlawful for any person to climb,
or allow to be climbed, any private or public oak trees at any time
with boot spikes or spurs, except to remove the tree in its entirety.
Any person who violates the provisions of this subsection may, upon
conviction, be guilty of a summary offense and subject to a fine ranging
from $500 to $5,000 depending on the severity of the offense.
