[HISTORY: Adopted by the Board of Commissioners of the Township of
Cheltenham 5-22-1991 as Ord. No. 1736-91.
Amendments noted where applicable.]
GENERAL REFERENCES
Subdivision and land development — See Ch. 260.
A.
Word usage. The singular number includes the plural,
and the plural includes the singular. The masculine gender includes the feminine.
B.
ANSI
BOARD
BUFFER
COMMISSION
CONSTRUCTION DEBRIS
DBH
DIRECTOR
HEDGEROW
ISA
LANDSCAPE IMPROVEMENT
MINIMIZE
NAA
NATURAL FEATURE
PERMIT
PERSON
PUBLIC NUISANCE
PUBLIC RIGHT-OF-WAY
PUBLIC STREET OR HIGHWAY
SHADE TREE
SITE DISTURBANCE
SPECIMEN PLANT
TOWNSHIP
WOODED LOT
WOODLAND
Terms defined. Unless otherwise expressly stated, the
following words and phrases shall be construed throughout this chapter to
have the meanings indicated in this section:
American National Standards Institute.
[Added 12-15-1998 by Ord. No. 1930-98]
The Board of Commissioners of the Township of Cheltenham.
A designated area between two uses deemed incompatible with each
other or along the perimeter of a natural feature to be protected from an
incompatible use, or along the perimeter of that use, which will absorb or
otherwise preclude such incompatibility and shall be permanently maintained.
The Tree Advisory Commission of the Township of Cheltenham.
The leftover materials, or remnants thereof, from a building project.
Diameter at breast height.
The Director of Engineering, Zoning and Inspections.
A line of plants that may occur naturally where seeds collect and
are left undisturbed, such as along fence lines, property lines or between
fields, or that is specially planted, e.g., to act as a windbreak.
International Society of Arboriculture.
[Added 12-15-1998 by Ord. No. 1930-98]
The addition of features to the land which enhance a particular site
from the standpoint of, e.g., noise abatement, recreational enjoyment, wildlife
preservation, visual amenity, etc. Such improvements might include plants,
pathways, patios and fences.
To reduce to the smallest amount possible using best management practices.
"Minimize" shall not mean complete elimination but shall require that the
most substantial efforts possible under the circumstances have been taken
to reduce the adverse effect of the action required to be minimized. With
respect to activities, the conduct of which is adverse to the conservation
of the natural features of land, the requirement to "minimize" shall include
but not be limited to the requirement that the placement of dwellings and
other structures and the location of roads, sedimentation and erosion control
devices and earthmoving activities shall be planned and designed so as to
permit the adverse effect of the activity in question to be reduced to the
smallest amount possible under the circumstances consistent with the otherwise
permitted development.
National Arborist Association.
[Added 12-15-1998 by Ord. No. 1930-98]
A component of a landscape existing or maintained as a part of the
natural environment and having ecological value in contributing beneficially
to air quality, erosion control, groundwater recharge, noise abatement, visual
amenities, growth of wildlife, human recreation, reduction of climatic stress
and energy costs. Such features include those which, if disturbed, may cause
hazards or stress to life, property and the natural environment.
A permit in writing as issued by the Director.
Any individual, firm, association, partnership or corporation.
Any violation of the provisions of this chapter.
The width of the street encompassing the cartway, curb and area reserved
for or already having sidewalks.
[Added 12-15-1998 by Ord. No. 1930-98]
Any public right-of-way, a portion of which is used for vehicular
travel, in the township.
Any tree within the right-of-way of any public street or highway.
Any activity which causes land on a given site to be exposed to the
danger of erosion, including removal of vegetation, clearing, grading, filling,
plowing and other types of earthmoving.
A specifically selected plant considered worthy of conservation by
the township because of species, size, shape, form, historical importance
or any other significant characteristic; particularly as applied to trees
over 20 inches dbh.
The Township of Cheltenham.
Any lot having more than one viable tree of a caliper of six inches
or greater per 1,500 square feet of lot area.
An area characterized by a more or less dense and extensive tree
cover; more particularly, a plant community predominantly of healthy trees
and other woody vegetation, well-stocked and growing more or less closely
together.
[Amended 12-15-1998 by Ord. No. 1930-98]
A commission to be known as the "Shade Tree Advisory Commission" is
hereby established.
A.
The Commission shall be composed of seven residents of
the township, who shall be appointed by the Board in accordance with Article
XIII of the Home Rule Charter, and shall serve without compensation. Five
members shall be from the public at large; one member who is a professional
arborist/horticulturist or who has the equivalent of two years of education
or experience in a related field; and one member who is a landscape architect
or who has the equivalent of two years of education or experience in a related
field.
[Amended 12-15-1998 by Ord. No. 1930-98]
B.
As first established, appointments to the Commission
shall consist of two members to serve for terms of one year, three members
to serve for terms of two years and two members to serve for terms of three
years.
C.
On the expiration of the term of any Tree Advisory Commission
member, a successor shall be appointed to serve for a term of three years.
D.
Vacancies on the Tree Advisory Commission shall be filled
for the unexpired term.
The Commission shall have the following powers:
A.
To advise the Board's Public Works Committee with
respect to planting, removal, maintenance and protection of shade trees.
B.
To review subdivision and land development plans as they pertain to site planning in accordance with § 280-9, site disturbance in accordance with § 280-10, trees that represent a significant natural feature, including trees in groves, woodlands, hedgerows, wooded lots and specimen trees, and advise the Board's Public Works Committee with respect to planting plans, landscape improvement, buffer areas and site disturbance.
[Amended 12-15-1998 by Ord. No. 1930-98]
A.
Notwithstanding any other provision of this chapter,
the Director can, upon four weeks' prior written notice to the owners
of property, require owners of property to cut and remove shade trees, or
parts thereof, along their street frontage that are diseased or that create
hazardous conditions to life and/or property. Upon failure of any such owner
to comply with such notice, the township can cause the work to be done by
the township and levy and collect the cost thereof from the owner of the property.
The cost of such work shall be a lien upon the premises from the time of the
commencement of the work, which date shall be fixed by the Director, and still
be filed with the Township Manager. Any such lien may be collected by action
in assumpsit or by lien filed in the manner provided by law for the filing
and collection of municipal claims.
B.
The Director shall give said four-week notice by mailing
it, by certified mail, to the last known address of the owner of the property
and by posting the notice at the main entrance to the main habitable or occupied
structure on the property.
C.
Tree removal also includes removal of the tree stump.
The stump may be either removed completely or ground down six inches below
the level of the ground. The void created by the tree stump removal shall
be backfilled with soil and the disturbed area seeded and mulched.
Notwithstanding any other provisions of this chapter, the township shall
have the right, without prior notice to any property owner, to perform any
acts necessary to abate clear, present and immediate threats to the public
health, safety or welfare caused by the condition of shade trees or parts
thereof. The township shall have the right to assess the cost of such summary
abatement against the person whose action or inaction caused such threat to
the public health, safety or welfare.
A.
Landholder's liability for costs; assessments; liens.
The cost of planting, transplanting, caring for any shade tree or removing
any shade tree or parts thereof in the public streets or highways of the township,
of the necessary and suitable guards, curbing or grading for the protection
thereof and of the replacing of any pavement or sidewalk necessarily disturbed
in the execution of such work, whether such work is performed by township
personnel or by a contractor hired by the township to do such work, or by
the owner of the real estate or by the contractor hired by the owner of the
real estate, shall be the responsibility of the owner of the real estate upon
whose property such work is done.
B.
Acts injurious to shade trees prohibited. Except in case
of immediate necessity for protection of life or property, it shall be a violation
of this chapter for any person to do any of the following acts:
(1)
Break or injure in any manner any shade tree.
(2)
Climb with spurs any shade tree other than a tree designated
for removal.
[Amended 12-15-1998 by Ord. No. 1930-98]
(3)
Interfere with the main roots of any shade tree in any
manner that would be detrimental to the tree.
(4)
Permanently attach from the effective date hereof, without
prior approval of the Director, any rope, signs, guy wire, cable or other
fixture, such as house numbers, lighting devices or ornamental decorations,
on a shade tree or on a shade tree guard.
(5)
Injure, misuse or remove any device placed to protect
shade trees.
(6)
Attach any electric wire, insulator or any device for
the holding of an electric wire to any shade tree.
C.
Permit required to plant or remove a shade tree. No person
shall plant or cut down a shade tree on any public street or highway until
a permit is granted therefor, such permit to designate the place where such
shade tree is to be planted. The Director can refuse a permit to plant a shade
tree at any proposed location or to plant any species of tree which, in his
opinion, is not suited to the proposed location.
D.
Interference with roots prohibited. No person shall,
without first obtaining a permit, place or hereafter maintain any stone, cement
or other substance which shall impede the passage of water and air to the
roots of any shade tree unless such person shall leave an open space of ground
surrounding the trunk of the shade tree, such space to be not less than four
feet square.
E.
Protection from building operations or other work required.
In connection with any building operation or the performance of any work whatsoever
in the township in the vicinity of any shade tree, before any such work shall
be commenced, guards shall be placed at all shade trees which may be affected
by such work so as to effectually prevent injury to them. The type and method
of guard shall be approved by the Director.
F.
Discharge of injurious materials prohibited. No person
shall place any materials at any place in an excessive amount that injury
may result to any shade tree.
G.
Electric wires to be secured. Every person having any
wire or wires charged with electricity running through a public street or
highway shall securely fasten such wire or wires so that they shall not come
in contact with any shade tree so as to injure the same.
[Amended 12-15-1998 by Ord. No. 1930-98]
A.
All shade trees shall be kept trimmed so that the minimum
height where they overhang any public sidewalk shall be nine feet or where
they overhang any public road shall be 14 feet. However, the township reserves
the right to designate a higher clearance on certain highways, where heavy
traffic or other conditions make it expedient. All trees standing on private
property and having branches projecting over a public highway shall be kept
trimmed by the owner of such private property so that the lowest branches
shall have a minimum height of 14 feet or to such other height as may be specified
by the township. In case the owner of such property shall neglect or refuse
to trim such trees upon being notified in writing by the township to do so
and within the time specified by such notice, the township may, after the
expiration of the date specified in said notice, cause such trimming to be
done at the expense of the owner, and the entire cost thereof shall be a lien
upon said premises and shall be filed and collected by the township in the
same manner as municipal claims are filed and collected.
B.
Contractors shall perform tree trimming work in compliance
with current ISA/NAA and ANSI A300 specifications.
A.
Conservation of woodlands and other vegetation.
(1)
Except in conjunction with routine property maintenance,
the following regulations shall apply:
(a)
Healthy, well-stock woodlands or wooded lots. No wooded
lot, whether created by subdivision or currently existing, shall be disturbed
in such a manner that the number of viable trees having a dbh of six inches
or greater on the lot prior to any disturbance shall be reduced by more than
15% by such disturbance. In instances where disturbance of tree-cutting of
more than 15% of those existing viable trees having a dbh of six inches or
greater is unavoidable or considered desirable in accordance with sound forest
management practices, the individual removing such trees shall replace those
removed in excess of 15% with new plantings of trees having a caliper of at
least two to two and one-half (21/2) inches. The Director shall have discretion
to require renovation of unhealthy or unsafe trees having a dbh of six inches
or greater and shall have discretion to substitute vegetation other than trees
for required tree plantings. Every effort shall be made to retain as much
woodland as possible of a size and configuration which will promote its growth
and natural regeneration.
(b)
Disturbance to vegetation other than woodlands which
provides wildlife food and cover or visual amenity shall be minimized. This
may include, but not necessarily be limited to, single or groups of specimen
trees, hedgerows, formal gardens and other vegetation not considered as woodland.
(c)
In no event may grading be performed on a site which
shall result in the removal of more than 50% of the vegetation on the site
at any time.
(2)
Disturbance or removal of vegetation occupying environmentally
sensitive areas shall be undertaken only as permitted herein to minimize the
adverse impacts of such actions. This shall include but not necessarily be
limited to vegetation performing important soil stabilizing functions on floodplains,
stream and pond banks and sloping lands.
The conservation measures listed below shall be taken during site preparation
activities. At the discretion of the township, and in addition to the measures
listed below, the township may require a prior-to-construction meeting with
the applicant or site contractor to further determine methods to minimize
environmental damage.
A.
Protection of vegetation from mechanical injury and grading
change.
(1)
All woody vegetation to be retained within 25 feet of
a building site, parking area or other proposed improvement shall be protected
from equipment damage by snow fencing or other effective barriers; fencing
or barriers around trees shall be placed at the dripline, unless determined
to be appropriate at another location by the Director.
(2)
Equipment operators shall not damage existing tree trunks
and root systems by driving equipment within or otherwise disturbing the area
circumscribed by the dripline of any tree. In addition, roots shall not be
cut or disturbed within the area circumscribed by the dripline of a utility
line within the tree dripline, it is strongly encouraged that tunneling, rather
than trenching, be used to minimize potential damage to tree root systems.
In such cases, the Director shall determine the most desirable location for
the survival of the tree(s). Where trenching is unavoidable, trenched holes
shall be filled as soon as possible and tamped lightly to avoid the creation
of air spaces.
(3)
Tree trunks and exposed roots damaged during construction
shall be protected from further damage by fencing or other structural barrier.
Treatment of damaged areas shall be dictated by the nature of the injury,
e.g., damaged bark shall be cut back to a point where the bark is intact and
tight to the tree; exposed roots shall be cleaned up and covered with topsoil;
and tree limbs shall be cut back in proportion to root area loss. In such
cases, the Director shall have the authority to determine the treatment technique(s)
most suitable to the damaged area. In addition, where stipulated by the Director,
liquid or dry fertilizer shall be applied to trees with disturbed root zones
to compensate for loss of roots.
(4)
Trees shall not be used for roping, cables, signs, fencing
or lighting. Nails and spikes shall not be driven into trees.
(5)
The area around the base of existing woody vegetation
shall be left open. No impervious cover, storage of equipment, materials,
debris or fill shall be allowed within the dripline of any existing tree.
(6)
Grade changes to occur at any location on the property
shall not result in an alteration to soil or drainage conditions which would
adversely affect existing vegetation to be retained following site disturbance,
unless adequate provisions are made to protect such vegetation and its root
systems.
(7)
The Director may, with the advise of the Commission,
require that specimen plants with significant historic, visual or environmental
qualities which would otherwise be removed during site preparation be transplanted
elsewhere on the site.
(8)
Should any existing vegetation on the site not scheduled
or permitted to be removed be irreparably damaged during site preparation
and die within 18 months of the conclusion of site disturbance activities,
such vegetation shall be replaced with similar vegetation.
(9)
When backfilling and grading around trees, the soil level
within the area extending from the trunk to the drip line of the tree shall
not be altered by more than two inches plus or minus.
[Added 12-15-1998 by Ord. No. 1930-98]
B.
Protection of vegetation from excavations.
(1)
When digging trenches for utility lines or similar uses,
disturbance to the root zones of all woody vegetation shall be minimized.
(2)
If trenches must be excavated in the root zone, all disturbed
roots shall be cut as cleanly as possible. The trench shall be backfilled
as quickly as possible, avoiding soil compaction. Tree limbs shall be cut
back in proportion to root area loss.
(3)
If trenches are to remain open for a period greater than
eight hours, any exposed tree roots shall be covered with burlap and thoroughly
wet down each day for the duration of the work.
[Added 12-15-1998 by Ord. No. 1930-98]
C.
Protection of topsoil.
(1)
No topsoil shall be removed from a site unless a sufficient
amount is retained to provide at least six inches of topsoil cover over all
of the site's exposed earth surfaces.
(2)
Topsoil removed by grading operations shall be redistributed
and stabilized as quickly as possible following the completion of a project
or project phase. All exposed earth surfaces shall be stabilized by the following
methods or approved equal:
(3)
Grading and earthmoving operations shall be minimized
during the period of November 15 to April 1, when revegetation of exposed
ground surfaces is difficult.
E.
Protection of vegetation from hazardous and toxic materials.
No hazardous or toxic materials shall be stored within or around groupings
of woody vegetation or within 100 feet of the dripline of any existing tree
or within or around any other natural feature addressed herein. Hazardous
or toxic contaminants, including but not limited to petroleum hydrocarbons,
oils, pesticides, herbicides, thinners, solvents, cleaners, abrasives, acids
and bases are strictly prohibited within or around woody vegetation or within
100 feet of the dripline of any existing tree.
A.
Any person who shall violate any of the provisions of
this chapter or who shall violate the terms or conditions of any permit issued
under this chapter shall be liable, on conviction thereof, to a fine or penalty
not exceeding $600 for each and every offense, and each day that any such
violation shall continue shall constitute a separate offense punishable by
a like fine or penalty. Such fine or penalties may be collected as like fines
or penalties are now by law collected.
B.
The maintenance of any tree or condition in violation
of this chapter shall be a public nuisance, and the cost to the Township of
Cheltenham to remedy said nuisance shall be a lien upon the real estate of
the offender and may be collected as municipal claims are collected.
[Amended 12-15-1998 by Ord. No. 1930-98]
Trees for new and/or replacement shade trees shall be selected from
Table A and shall be balled and burlapped with a minimum dbh of 3 to 31/2.
|
Table A
| |
|---|---|
|
Common Name
|
Scientific Name
|
|
Bloodgood London Planetree
|
Platanus acerfolia "bloodgood"
|
|
Dawn redwood
|
Metasequoia glyptostroboides
|
|
Littleleaf lindens
|
Tilia cordata
|
|
Pin oak
|
Quercus palustris
|
|
Red oak
|
Quercus rubra
|
|
River birch
|
Betula nigra
|
|
Scarlet oak
|
Quercus coccinea
|
|
Sugar maple
|
Acer saccharum
|
|
Swamp red maple
|
Acer rubrum
|
|
Thornless honey locust
|
Gleditisia triacanthos "inermis"
|
|
White oak
|
Quercus alba
|
|
Willow oak
|
Quercus phellos
|
|
Zelkova
|
Zelkova serrata
|
