To enhance the quality of life and the present and future health, safety, and welfare of all residents, and to ensure proper planting and care of trees on public property, the West Whiteland Township Board of Supervisors herein delegates the authority and responsibility outlined herein for managing public trees to the Public Services Commission as the Tree Advisory Board, and establishes practices governing the planting and care of trees on public property, and makes provision for the emergency removal of trees on private property under certain conditions, and for funding of an annual public tree management program.
[HISTORY: Adopted by the Board of Supervisors of the Township of West Whiteland 1-28-2026 by Ord. No. 486. Amendments noted where applicable.]
For purposes of this chapter, the following words and phrases shall have the meanings indicated:
Any injury to or destruction of a tree, including but not limited to: uprooting; severance of all or part of the root system or main trunk; storage of material on or compaction of surrounding soil; a substantial change in the natural grade above a root system or around a trunk; surrounding the tree with impervious paving materials; or any trauma caused by accident or collision.
Public Works Operations Manager or whomever he/she shall designate.
Any tree, or limb thereof, that has an infectious disease or insect; is dead or dying; obstructs the view of traffic signs or the free passage of pedestrians or vehicles; or threatens public health, safety, and welfare.
The area along a public street between the curb and the sidewalk; or if there is no curb or sidewalk, the unpaved portion of the right-of-way.
All grounds and rights-of-way (ROWs) owned or maintained by West Whiteland Township.
Any tree or woody vegetation on Township-owned or Township-maintained property or rights-of-way.
Established by resolution 2017-30.
The non-standard practice of cutting back of limbs to stubs within a tree's crown to such a degree so as to remove the normal canopy and disfigure the tree.
The Township Board of Supervisors hereby creates a "Tree Advisory Board," hereinafter referred to as the "Board." The Board of Supervisors shall have the right to name an existing board of commission of the Township to also be the Tree Advisory Board.
A.
Duties. The Board shall act in an advisory capacity to the Designated Representative and shall:
(1)
Coordinate and promote Arbor Day activities;
(2)
Support public awareness and education programs relating to trees;
(3)
Review Township department concerns relating to tree care;
(4)
Assist with the annual application to renew the Tree City USA designation;
(5)
Recommend the list of tree species for planting on Township property, and a list of prohibited species; and
(6)
Other duties that may be assigned by Township Board of Supervisors;
B.
Membership. Members of the Public Services Commission shall serve as the members of the Tree Advisory Board.
C.
Term of office. Board members shall be appointed for four-year staggered terms. If a vacancy shall occur during the term of any member, a successor shall be appointed by the Board of Supervisors.
D.
Officers. The Board shall reflect the current membership of the Public Services Commission.
E.
Meetings. The Board meets on a monthly basis and shall hold a minimum of four meetings each year. All meetings shall be open to the public.
A.
The Tree Advisory Board shall appoint a "Designated Representative" with full authority and responsibility to plant, prune, maintain and remove trees and woody plants growing in or upon all public property. This shall include but is not limited to the removal of trees that may threaten electrical, telephone, gas, or any municipal water or sewer line, or any tree that is affected by fungus, insect, or other pest disease.
B.
Delegation of authority and responsibility. The Designated Representative of the Tree Advisory Board may delegate authority and responsibility granted to them herein to other Township staff, as they deem appropriate.
C.
Coordination among Township departments. All Township departments will coordinate as necessary with the Designated Representative and will provide services as required to ensure compliance with this chapter as it relates to streets, alleys, rights-of-way, drainage, easements, and other public properties not under direct jurisdiction of the Designated Representative.
D.
Interference. No person shall hinder, prevent, delay, or interfere with the Designated Representative or their agents while engaged in carrying out the execution or enforcement of this chapter.
A.
Standards. All planting and maintenance of public trees shall conform to the American National Standards Institute (ANSI) A-300 "Standards for Tree Care Operations" and shall follow all tree care Best Management Practices (BMPs) published by the International Society of Arboriculture, and successive editions thereof.
B.
Requirements of franchise utility companies. The maintenance of public trees for utility clearance shall conform to all applicable utility industry standards.
C.
Preferred species list is referenced in Appendix G of the Subdivision and Land Development Ordinance Chapter 281 in the Township Code of Ordinances. Planting distances. The Designated Representative shall develop and maintain an official set of spacing requirements for the planting of trees on public property. No tree may be planted within the visibility triangle of a street intersection or within 10 feet of a fire hydrant.
D.
Planting trees under electric utility lines. No newly planted trees may be planted under or within 15 lateral feet of any overhead utility wire.
A.
It shall be unlawful for any person, firm, or corporation to damage, remove, or cause the damage or removal of a tree on public property without written permission from the Designated Representative.
B.
It shall be unlawful for any person, firm, or corporation to attach any cable, wire, sign, or any other object to any street, park, or public tree.
C.
It shall be unlawful for any person, firm, or corporation to "top" any public tree. Trees severely damaged by storms or other causes, where best pruning practices are impractical may be exempted from this provision at the determination of the Designated Representative.
D.
Any person, firm, corporation, or Township department performing construction near any public tree(s) shall consult with the Designated Representative and shall employ appropriate measures to protect the tree(s), according to procedures contained in the Best Management Practices (BMPs) for "Managing Trees During Construction" published by the International Society of Arboriculture, and successive editions thereof.
E.
Each violation of this section as determined and notified by the Designated Representative shall constitute a separate violation, punishable by fines and penalties under Section 10 in addition to mitigation values placed on the tree(s) removed or damaged in violation of this section.
A.
The owner of land adjacent to any Township street or highway, when acting within the provisions of this chapter, may plant and maintain trees in the adjacent parkway area.
B.
No property owner shall allow a tree, or other plant growing on his or her property to obstruct or interfere with pedestrians or the view of drivers, thereby creating a hazard. If an obstruction persists, the Designated Representative shall notify the property owner to prune or remove the tree or plant. If the owner fails to comply with the notice, the Township may undertake the necessary work and charge the cost to the property owner.
Emergency removals are allowed without prior notice if safety is at risk.
Any person, firm or corporation violating any provision of this chapter shall be deemed guilty of a misdemeanor and shall be subject to a fine as established in the annual fee schedule for each offense.
Appeals to decisions by the Designated Representative, or to penalties imposed after violations of this chapter, shall be heard by Township's Board of Supervisors.
All ordinances or parts of ordinances in conflict with this chapter are repealed to the extent of such conflict.
Should any word, sentence, clause, paragraph, or provision of this chapter be held to be invalid or unconstitutional the remaining provisions of this chapter shall remain in full force and effect.
This chapter is effective immediately after the adoption of the Board of Supervisors.