[HISTORY: Adopted by the Board of Supervisors of the Township
of Whitpain 4-16-2013 by Ord. No. 112-1.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Subdivision and land development — See Ch. 129.
Weeds and vegetation — See Ch. 155.
[1]
Editor's Note: This ordinance also repealed former Ch. 53,
Shade Tree Commission, adopted 7-21-1978 by Ord. No. 112.
This chapter shall be known and may be cited as the "Shade Tree
Commission Ordinance of the Township of Whitpain."
The Township recognizes that 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 this chapter is to provide regulations for
the planting, maintenance, and removal of trees, shrubs, and other
plants within Whitpain Township, Montgomery County, Pennsylvania,
and to encourage the protection of trees through sound land practices.
The goals of this chapter are to:
A.
Preserve, protect, and maintain existing trees in Whitpain Township
and increase the overall tree canopy and understory of both public
and private lands therein.
B.
Ensure that all applications for land development respect existing
trees as a natural and community resource and that all such areas
are laid out in a manner so as to preserve the healthy trees on the
site, whenever possible.
C.
Preserve and protect all individual (and groups of) heritage trees
as defined herein.
D.
Prohibit any clear cutting of trees.
E.
Encourage the planting of native vegetation (trees, shrubs, and perennials)
in Whitpain Township.
F.
Educate the public on the value of trees.
As used in this chapter, the following terms shall have the
meanings indicated:
The indiscriminate and broad removal of trees, shrubs, or
undergrowth with the intention of preparing real property for developmental
purposes. Clear cutting shall not include the selected removal of
nonnative trees and shrubs when the soil is left relatively undisturbed,
or the removal of dead or diseased trees and those trees which pose
an imminent danger to the public health and safety.
A tree located on public or private land which is specifically
identified and considered worthy of preservation by the Shade Tree
Commission because of its species, age, size, rarity, or historical
importance.
A species that has become a weed pest. One that grows aggressively,
spreads, and displaces other plants. Most invasive plants are introduced
from other continents leaving behind pests, diseases, predators, and
other natural controls.
A tree that will grow to over 50 feet in height at maturity.
A tree that will grow to between 25 feet and 50 feet in height
at maturity.
All plant species (trees, shrubs, perennials) native to Pennsylvania
and the Northeastern United States prior to European settlement.
Any tree with an infectious disease or insect infestation;
dead or dying trees; a tree or limb(s) that obstruct streetlights,
traffic signs, the free passage of pedestrians or vehicles; a tree
that poses a threat to public safety.
The area within a tree's temporary fencing, which is erected
to provide protection and must be maintained throughout the entire
period of any construction. The protective fencing shall be placed
to the outer edge of the tree's dripline.
The Township's Shade Tree Commission or, upon approval of
the Board of Supervisors of Whitpain Township, its designee.
A tree that will grow to less than 25 feet in height at maturity.
[Amended 1-3-2017 by Ord.
No. 352]
The Shade Tree Commission, first created by ordinance adopted
on July 21, 1978, is hereby reaffirmed by the Board of Supervisors
of Whitpain Township. The Shade Tree Commission shall consist of five
members who are residents of the Township of Whitpain and shall serve
without compensation. The members of the Shade Tree Commission shall
be appointed by the Board of Supervisors of Whitpain Township for
a term of five years or until their successors are appointed. Member
terms shall be staggered so that no more than one member's term shall
expire in any given year. In the event that a vacancy shall occur
during the term of any member, his or her successor shall be appointed
by the Board of Supervisors of Whitpain Township for the unexpired
portion of the term.
[Added 6-18-2019 by Ord.
No. 375]
A.
The Township Board of Supervisors may appoint, by resolution, up
to three Township residents to serve as alternate Shade Tree Commission
members. Such alternate member appointments are subject to the following:
(1)
The term of office of an alternate member is designated as four years.
(2)
Alternate members may be appointed to substitute for any absent,
recused, or disqualified Shade Tree Commission member.
(3)
Alternate members may be designated to cases as needed on a rotating
basis according to declining seniority among the alternates.
(4)
Alternate members are entitled to participate in all proceedings
and discussions of the Shade Tree Commission to the same and full
extent as provided by law for Shade Tree Commission members, including
specifically the right to cast a vote as a voting member during the
proceedings, and shall have all the powers and duties as otherwise
provided by law.
(5)
Any alternate member may participate in any proceeding or discussion
of the Shade Tree Commission but shall not be entitled to vote as
a member of the Shade Tree Commission unless designated as a voting
alternate member in accord with applicable law.
(6)
Alternate members will continue to serve on the Shade Tree Commission
for any proceeding in which they were originally appointed until the
Shade Tree Commission reaches a decision on the matter.
(7)
Alternate members may not serve as members of the Township's Zoning
Hearing Board or as a Township's Zoning Officer.
The members of the Shade Tree Commission shall elect a Chair
and any other officer deemed necessary by the Shade Tree Commission
to serve for a period of one year. The Shade Tree Commission shall
have the power to adopt rules for the conduct of its meetings.
A.
The Board of Supervisors of Whitpain Township hereby delegates to
the Shade Tree Commission the following powers and duties:
(1)
Custody and control of shade trees located on public property in
Whitpain Township.
(2)
Authority to plant, remove, maintain, and protect shade trees located
on public streets, highways, and other public property in Whitpain
Township; provided, however, that no trees shall be planted in the
right-of-way of any street or road in the Township.
(3)
Promotion of the protection and maintenance of heritage trees, as
defined herein.
(4)
Maintenance and updating of the Heritage Tree Registry.
(5)
Conducting educational programs to increase awareness of the value
of trees and provide information for their proper care and maintenance.
(6)
Promotion of the use of native vegetation (trees, shrubs, and perennials)
in the Township, including new developments, and at all Township-sponsored
tree events (e.g., Arbor Day Beautification Program).
(7)
Working with other Township boards, departments and commissions to
ensure that the shade tree and landscaping components of proposed
land development plans comply with this and other applicable Township
ordinances.
B.
Subject to the prior approval of the Board of Supervisors of Whitpain
Township, the Shade Tree Commission may:
(1)
Promulgate rules, regulations, specifications and standards to carry
out its responsibilities.
(2)
Make, publish and from time to time amend recommended guidelines
for the care and protection of all shade trees located in Whitpain
Township.
(3)
Publish a listing of all diseases which threaten to injure or destroy
shade trees in Whitpain Township.
C.
No regulation promulgated by the Shade Tree Commission shall be enforced
until it has been approved by the Board of Supervisors of Whitpain
Township and until it has been published at least twice in not more
than two newspapers of general circulation in Whitpain Township, and,
if no newspapers are published within Whitpain Township, then in such
newspapers circulating in Whitpain Township.
D.
If the Shade Tree Commission determines that it is necessary for
the Township to employ any engineer, forester, tree warden or other
assistants in order for it to perform the duties delegated to it under
this chapter, the Shade Tree Commission shall request that the Board
of Supervisors direct Township employees to perform such tasks or
that the Township employ such other persons as are necessary to perform
such tasks. If the Board of Supervisors approves such request, such
employees shall perform such tasks under the direction and control
of the Township Manager.
E.
The Shade Tree Commission shall develop and maintain, and may amend
from time to time, a list of recommended trees for planting along
public streets in Whitpain Township and shall provide a copy of the
list and any amendments thereto to the Township Engineer and the Township
Planning Commission. Recommended trees shall be classified in three
size categories: small, medium, and large.
F.
The Shade Tree Commission shall annually report to the Board of Supervisors
of Whitpain Township its transactions and expenses for the last fiscal
year of the Township.
The Shade Tree Commission shall annually submit a budget request
to the Board of Supervisors identifying its projected spending by
program and initiative for the next fiscal year of the Township. Upon
approval by the Board of Supervisors, the Shade Tree Commission shall
be authorized to expend these funds to support its programs and initiatives.
Unless the appropriation is amended by the Board of Supervisors of
Whitpain Township during the ensuing year, the Shade Tree Commission
shall not expend any sum of money or incur any debt during such ensuing
year which would be in excess of the sum appropriated by the Board
of Supervisors for the work of the Shade Tree Commission.
When a preliminary land development plan is submitted to the
Township for review in accordance with the Subdivision and Land Development
Ordinances[1] of Whitpain Township, if requested by the Township/Shade
Tree Commission, a copy of relevant portions of the landscaping sheets
of the preliminary land development plan shall be provided by the
applicant to the Shade Tree Commission for its review and recommendations.
The Shade Tree Commission shall have the opportunity, but shall not
be required, to review the preliminary plan submission in accordance
with the guidelines set forth below and provide its recommendations
in writing to the Township Planning Commission and the Township Engineer
for their consideration as part of the preliminary plan review process.
The Shade Tree Commission will conduct its review in accordance with
the following guidelines:
A.
Planting street trees along each of the streets, parking lots, parks
and other public places abutting the lands to be developed and/or
subdivided is encouraged.
B.
Only small street trees should be planted under power or utility
lines or within 25 lateral feet of any utility power pole, or over
or within five lateral feet (but preferably within 10 lateral feet)
of any underground waterline, sewer line, transmission line or other
utility.
C.
Shade trees should be planted at a sufficient distance from curbs or sidewalks in accordance with the three species size classes identified in § 53-6E above, and no shade trees should be planted closer to any curb or sidewalk than the following: for small trees, two feet; for medium trees, three feet; and for large trees, four feet.
D.
Topping on private property is highly discouraged. Topping is defined
as the severe cutting back of limbs to stubs within the tree's crown
to such a degree so as to remove the normal canopy and disfigure the
tree.
E.
Clear cutting on private property is highly discouraged.
F.
All applications for subdivision or land development should be prepared
in such a manner as to preserve the healthy trees and shrubs on the
site.
G.
To promote an ecologically healthy environment and support state
and federal actions concerning invasive plant species in the United
States, the planting of native vegetation is highly recommended. A
suggested list of approved plant species is set forth in Appendix
A to this chapter.[2] A current list of local nurseries that carry native vegetation
is set forth in Appendix B to this chapter.[3]
[2]
Editor's Note: Appendix A is included as an attachment to this chapter.
[3]
Editor's Note: Appendix B is included as an attachment to this chapter.
H.
Prior to construction, protective fencing should be placed around
the root protection zone of trees to minimize damage to root systems.
The fencing should be highly visible (orange), at least four feet
high, and staked with posts every 10 feet. Nothing should be stored,
stockpiled, temporarily placed or allowed in the root protection zone.
The protective fencing should be installed prior to the commencement
of any and all work and monitored by the Township Engineer.
No private person or entity shall plant, remove, cut above the
ground, top, clear cut or disturb any tree on any street, park, or
other public lands without the prior written approval of the Township.
The Township may seek the recommendations of the Shade Tree Commission
prior to approving or denying such request. If approval is granted,
the person receiving such permission shall comply with all conditions
set forth in such written approval and the standards set forth in
this chapter. The Shade Tree Commission will work collaboratively
with the Department of Public Works to monitor and enforce this provision.
A.
Upon the discovery of any tree condition, whether through disease,
pestilence or otherwise, which unreasonably affects or interferes
with the health, safety or welfare of the public or the right of the
public to the unobstructed use of public roads or property in the
Township, including any condition that constitutes a public nuisance,
the Shade Tree Commission shall cause written notice to be served
upon the owner of the property upon which such diseased or infested
tree is situated, by certified mail, return receipt requested, and
the notice shall require such property owner to eradicate, remove
or otherwise control such condition within 30 days or such greater
period of time as may be specified in such notice.
B.
Upon the failure of any such owner of private property to comply
with such notice, the Shade Tree Commission may request the Board
of Supervisors of Whitpain Township to authorize the removal of such
trees by Township personnel and the Board of Supervisors of Whitpain
Township shall have the authority to order such work to be done. The
Township may collect the cost of such work from the owner of the property.
The cost of such work shall be a lien against the tract of ground
upon which said work has been performed from the time of commencement
of that work. The Township Engineer shall file with the Township Manager
a certificate indicating the date of the commencement of the work.
Any such lien may be collected by an action in assumpsit or by lien
filed in the manner provided by law for the filing and collection
of municipal claims.
Upon the filing of the certificate provided for in § 53-10B above with the Board of Supervisors of Whitpain Township, the Township Manager shall cause written notice to be given to the person against whose property an assessment has been made. The notice shall state the amount of the assessment and the time and the place of payment, which time shall not be less than 30 days from the date of the written notice, and shall be accompanied by a copy of the certificate filed with the Board of Supervisors of Whitpain Township. The amount assessed against said real property shall be a lien from the time of the filing of the certificate with the Township's Manager as provided for in § 53-10B above, and, if not paid within the time designated in the notice, a claim may be filed and collected by the Township in the same manner as municipal claims are filed and collected.
The Shade Tree Commission may provide in its regulations for
the assessment of penalties for the violation of such regulations.
The amount of such penalty shall not be in excess of the amount allowed
to be assessed for violation of Township ordinances by the Second
Class Township Code.[1] Any penalties so assessed shall be a lien upon the real
estate of the offender and may be collected in the same manner as
municipal claims are filed and collected.
[1]
Editor's Note: See 53 P.S. § 65101 et seq.
All penalties or assessments imposed under this chapter shall
be paid to the Township Treasurer and shall be placed to the credit
of the appropriations made by the Board of Supervisors of Whitpain
Township for the work of the Shade Tree Commission.
