[HISTORY: Adopted by the Board of Supervisors of the Township
of Tredyffrin 8-28-2023 by Ord. No. HR-470. Amendments noted where
applicable.]
The standards of this chapter have been established to promote
the public health, safety and welfare of the residents of Tredyffrin
Township, based on the following considerations:
A.
Trees reduce flooding as tree canopies slow rainwater and leaves
and tree roots absorb rainwater.
B.
Trees reduce soil erosion and damage to land and property by slowing
and absorbing rainfall.
C.
Tree roots contribute to slope stabilization, thereby limiting damage
to land and property.
D.
Trees contribute to air quality by removing and storing carbon dioxide
and greenhouse gases, producing oxygen, intercepting and trapping
airborne particulates and by cooling the air thereby reducing energy
consumption in the summer.
E.
Heritage (specimen) trees provide an integral part of the Township's
natural heritage, scenic viewsheds, historic woodland settings, passive
recreation, and wildlife habitat.
The intent of the Board of Supervisors of Tredyffrin Township
with the adoption of this chapter is as follows:
A.
To minimize the effects of increased soil runoff and flooding due
to clearing or disturbance of woodlands in the Township.
B.
To regulate and prevent the disturbance or significant loss of woodlands
in the Township.
C.
To regulate and prevent the loss of heritage (specimen) trees in
the Township.
D.
To integrate with floodplain, steeply sloped areas, wetlands, and
other ordinance requirements that regulate environmentally sensitive
areas to minimize hazards to life, property, and woodlands.
E.
To provide standards for the disturbance of woodlands, and for the
replacement of woodlands.
Unless otherwise expressly stated, the following terms shall,
for the purpose of this chapter, have the meanings indicated in this
section. Words used in the present tense include the future, the singular
number includes the plural, and the plural the singular. Where terms
are not defined in this section but are defined in the Township Zoning
Ordinance or Subdivision and Land Development Ordinance, they shall
have the meanings ascribed to them as in the Zoning Ordinance or the
Subdivision and Land Development Ordinance. Where terms are not defined
under the provisions of this chapter or under the provisions of the
Zoning Ordinance or the Subdivision and Land Development Ordinance,
they shall have ascribed to them their ordinarily accepted meanings
or such as the context herein may imply.
The diameter of a tree trunk at a point six inches from the
ground surface at the center of the base of the tree.
Large deciduous tree with shade-providing foliage, generally
reaching a minimum of 30 feet or greater in height in maturity.
The distance from the trunk that equals one foot for every
inch of the tree's diameter.
The outside bark diameter at breast height which is defined
as 4.5 feet (1.37 m) above the forest floor on the uphill side of
the tree.
The marking where the outer edge of a tree's branches
overhangs the ground.
A woody plant capable of reaching a minimum mature height
of 30 feet or greater with evergreen foliage persistent year-round.
A deciduous tree, single or multi-stem, with a minimum height
of 15 feet but less than 30 feet in height at maturity.
Any tree with verifiable structural defects that poses an
imminent hazard to existing structures, personal property or bodily
harm.
A tree with a diameter of 24 inches or greater or a unique,
rare or otherwise specifically selected tree which most typically
represents a whole class or group, specifically in shape, form or
historical importance, including but not limited to a tree whose growth
pattern has been significantly altered by a natural and/or man-made
action, one which has been historically documented (showing up in
written histories), one on which there are historic plaques, markers,
carvings or unusual markings in the bark or one which identifies a
particular location and which shall be designated as such by the Township
during plan review.
Any tree that appears on the most recent invasive plants
list published by the Pennsylvania Department of Conservation and
Natural Resources (DCNR).
A tree species indigenous to Southeastern Pennsylvania that
occurs naturally without human intervention.
Any tree that meets the following conditions: dead trees,
trees with substantial visible dieback; and trees in severe decline.
Permit issued by the Township for the removal and replacement
of trees when required by the provisions of this chapter. Applications
for building, subdivision and land development, grading, and/or stormwater
shall incorporate this permit as part of their application.
Areas characterized by dense and extensive tree cover growing
closely together so that the driplines touch or overlap and in which
there is more than one viable tree of a diameter of six inches or
greater per 1,500 square feet of lot area. This definition also includes
groves of flowering or subcanopy trees, such as dogwood trees and
young forests where the immature branches may not yet be interlocking.
(To determine if an area has more than one viable tree of six inches
or greater caliper per 1,500 square feet, the total area of the land
in question, in square feet, shall be divided by 1,500. If the result
is equal to or less than the number of viable trees of a diameter
of six inches or greater and meets the other stated characteristics,
the area in question is considered a woodland.)
The requirement of this chapter shall apply for all lots that
remove more than five trees measuring six inches dbh or more on a
rolling twelve-month period.
A.
Permit required. A tree removal permit from the Township shall be
required when this chapter applies.
B.
Compensatory trees. The tree removal permit shall demonstrate that
compensatory trees will be provided at a rate of one 2 1/2 inch
or more caliper tree for every 12 inches dbh of trees removed. For
noninsasive trees of 36 inches dbh or greater compensatory trees replanting
shall be provided at a rate of two 2 1/2 inch or more caliper
trees for every 12 inches dbh of trees removed.
(1)
Canopy trees shall constitute at least 2/3 of compensatory trees
provided, with the balance comprised of evergreen trees. Ornamental/flowering
trees shall not be utilized for compensatory tree replacements.
(2)
At least 50% of the total amount of compensatory trees are required
to be native trees selected from the lists contained in Appendix A.[1]
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
C.
The fee for a tree removal permit shall be as provided by resolution
of the Board of Supervisors in the Township's fee schedule.
D.
Exemptions. Trees removed in the following circumstances shall be
exempt from the tree removal permit and the compensatory planting
requirements:
(1)
Trees removed that were grown for commercial nurseries, fruit orchards,
or tree farms.
(2)
Arboretum or open land conservancy properties.
(3)
Trees removed that are less than six inches dbh.
(4)
Dead trees or trees that have already fallen due to natural causes
such as disease or extreme weather.
(5)
Nonviable trees.
(6)
Hazardous trees.
E.
Where an applicant submits a plan prepared by a professional landscape
architect, accredited landscape designer or a certified arborist which
demonstrates that removal of invasive trees is necessary for proposed
landscape restoration and replanting plan, the total dbh for those
invasive species proposed for removal may be reduced by 50% for the
purposes of calculating the required number of replacement trees upon
the concurrence of the Township arborist.
F.
Payment in lieu of planting. When an applicant demonstrates to the
satisfaction of the Township that the lot cannot accommodate all required
compensatory trees, a payment in lieu of tree planting may be authorized
by the Township to the Township's tree replacement fund as per
the Township's Fee Schedule. Use of the tree replacement fund
shall be used for future planting and maintenance of trees at approved
sites as well as to professional fees such as Township arborist or
landscape architect fees to administer the program or facilitate planting.
G.
Woodlands on slopes of less than 15%. Fifty percent of the total
area covered by woodlands located on slopes of less than 15% shall
be protected.
H.
Woodland disturbance on slopes greater than or equal to 15% shall be further restricted to the limits established by § 208-118, steep slope regulations. Any trees removed in violation of the steep slope requirements shall be replaced in accordance with the compensatory tree replacement standards of this chapter. Compensatory tree replacement shall be located within the limits of the impacted steep slopes. There shall be no payment in lieu of planting for these violations.
I.
Tree removal within floodplains and wetlands shall not be permitted, in accordance with § 208-15.1. Any trees removed in violation of the flood hazard requirements shall be replaced in accordance with the compensatory tree replacement standards of this chapter. Compensatory tree replacement shall be located within the limits of the impacted floodplain. There shall be no payment in lieu of planting for these violations.
Applications for tree removal permits shall provide information
to demonstrate compliance with this section.
A.
The applicant shall submit a plan that includes all of the following:
(1)
A delineation of the size and location of all trees with a dbh of
six inches or greater which are proposed to be removed. Species delineation
should be included if any exemptions for invasive species are to be
claimed.
(2)
A chart summarizing the proposed removals, any exemptions to be deducted per § 203-5D, above, and the tree replacement calculation. In the case of subdivisions, tree removal and compensatory planting calculations shall be calculated on an individual lot basis and assigned to individual property records for future reference.
(3)
Special considerations for protection and avoidance of removal of
heritage (specimen) trees shall be noted on the tree removal permit
applications. When a heritage tree is proposed for removal, the plan
shall be delineated and address the reasons for removing the tree,
and any design alternatives considered to save the tree.
(4)
A planting plan illustrating the size, species, and location of trees
to be planted in compliance with the tree replacement formula.
(5)
The plan(s) shall illustrate the location of the limits of disturbance
and protective tree fence around trees to remain, including a detail
of such
B.
All trees to be removed within the area of disturbance must be clearly
marked at the base of each tree with visible, permanent forestry-type
paint and/or ribbon indicating the status of each tree to be removed.
C.
Trees which are damaged during construction by heavy equipment operation
over their critical root zone or other incursions beyond the limits
of disturbance shall be evaluated and if they need to be removed,
they shall be added to the replacement calculations.
D.
Replacement trees shall be protected from deer rub and/or browse
from deer.
A.
The Township Engineer, Zoning Officer or their designee are hereby
authorized and directed to enforce all of the provisions of this chapter.
B.
Any person who violates or permits a violation of this chapter shall
be guilty of a summary violation and, upon conviction, shall be sentenced
to pay a fine of not more than $1,000, plus all court costs, including
reasonable attorney's fees, incurred by the Township in the enforcement
of this chapter. Each day a violation exists shall constitute a separate
offense. In default of the payment of any fine, the defendant shall
be sentenced to imprisonment to the extent allowed by law for the
punishment of summary offenses. Further, the appropriate officers
or agents of the Township are hereby authorized to seek any other
available relief at law or equity, including injunction, to enforce
compliance with this chapter.
Any person wishing to contest the decision of the Township under
this chapter shall have the right to appeal, in writing, to the Board
of Supervisors, with 30 days of the date of the alleged action. The
Board of Supervisors shall consider individual hardship considerations
of the property owner with respect to cost, property maintenance and
stewardship of the property, and other such factors deemed appropriate
by the Board.
