[Ord. 609, 3/11/2004, § I]
This Part 1 shall be known as the "Tree Ordinance of the Township
of Warminster."
[Ord. 609, 3/11/2004, § I]
1.
In interpreting
this Part 1, the present tense includes the future; the singular number
includes the plural, and the plural the singular; and the word "person"
includes natural persons, partnerships, firms, associations and corporations.
2.
BOARD OF SUPERVISORS
CALIPER
CANOPY TREE
RIGHT-OF-WAY
SHRUB
STREET TREE
TOWNSHIP
TREE (DECIDUOUS)
TREE (EVERGREEN/CONIFER)
UNDERSTORY TREE
As used
in this Part 1, the following terms shall have the meanings indicated:
The duly elected and sworn members of the Warminster Township
Board of Supervisors, which is the sole governing body of the Township.
The diameter of a tree, measured at a point on the trunk
4 1/2 feet above the ground surface.
Canopy trees must be a deciduous type and a minimum of 2 1/2
inches in caliper when planted. When mature, a canopy tree should
be a minimum of 40 feet high and have a minimum crown width of 30
feet.[1]
The area of any public street, road, highway or other publicly
held thoroughfare within the corporate limits of the Township that
has been designated by law as the public right-of-way.
A woody plant (smaller than a tree), usually having multiple
permanent stems branching from or near the ground. Shrubs may be evergreen
or deciduous and shall be three gallons in size per ANSI standards
at the time of planting.
Any tree that is planted along a public right-of-way within Warminster Township. The street trees approved for use in Warminster Township are listed in § 22-523 of Chapter 22, Subdivision and Land Development, of the Code of the Township of Warminster. (Evergreen/conifer trees, including arborvitae, and other similar species shall not be used for street trees in Warminster Township.)
The duly incorporated Township of Warminster, County of Bucks,
Commonwealth of Pennsylvania, United States of America.
Any tree that sheds its leaves before the cold or dry season.
New leaves appear in spring.
Evergreen/conifer trees have small and waxy leaves, sometimes needles, which are usually kept all year and usually remain green all year. The evergreen/conifer trees approved for use in Warminster Township are listed in § 22-523 of Chapter 22, Subdivision and Land Development, of the Code of the Township of Warminster.
Understory trees must be a deciduous type and a minimum of
two inches in caliper when planted. When mature, an understory tree
should be 25 feet to 40 feet high.
[1]
Editor's Note: The former definition of "Park Board," which
immediately followed this definition, was repealed by Ord. No. 761,
3/5/2020.
[Ord. 609, 3/11/2004, § I]
A.
The Township recognizes that properly planted, maintained and protected
trees add to the aesthetics and health and welfare of the citizens
of the Township. It shall be the intent of this Part 1 for the Township
of Warminster to establish rules and regulations to encourage the
planting of appropriate trees, provide for the proper maintenance
of trees, protect trees and provide guidelines for the removal and
replacement of trees.
B.
It is also the intent of this Part 1 to encourage the use of deciduous
canopy-type trees whenever possible and limit the use of evergreen/conifer
trees when not used in conjunction with deciduous trees in an overall
planting scheme.
C.
It shall be a priority, and the goal of Warminster Township, to reforest
portions of the public parkland. If a person or entity required to
plant trees agrees with the Township to plant the trees off site,
or pay a fee in lieu of planting trees on site, the priority of the
Board of Supervisors shall be to plant the trees or use the fee in
lieu of trees to reforest portions of the public parkland.
[1]
Editor's Note: Former § 25-104, Park, Recreation
and Conservation Board (Ord. No. 609, 3/11/2004), was repealed by
Ord. No. 761, 3/5/2020.
[Ord. 609, 3/11/2004, § I]
1.
The maintenance, care or removal of any trees, as defined herein,
and required compliance with any provisions of this Part 1 shall be
the responsibility of the property owner on whose property the tree
is located or whose property abuts the right-of-way in which the tree
is located.
2.
No person, without first obtaining permission from the Park and Recreation
Department, shall remove, relocate, cut, prune, break, affix any foreign
object to or in any way cause injury to any tree within any public
right-of-way or municipal property within the Township.
3.
No person, without first obtaining permission from the Park and Recreation
Department, shall plant a tree within any public right-of-way or municipal
property within the Township.
4.
Persons making application for permission from the Park and Recreation
Department shall provide recommendations and certification from a
certified arborist.
5.
All mature trees located in the public right-of-way or having branches
extending into the public right-of-way shall be kept trimmed to a
minimum branching height of nine feet, except that the Board of Supervisors
may require greater height clearances to eliminate traffic or other
hazards.
[Amended by Ord. 737, 1/19/2017]
6.
Whenever, in the opinion of the Township, a health or safety hazard
exists which is caused by a tree, the Township may issue a written
order to the responsible property owner to take action to correct
the condition within 10 days of the date of the order. If, after written
notification, the responsible property owner fails to take corrective
action, the Township Department of Public Works shall have the required
work accomplished to correct the health or safety condition and shall
bill the responsible property owner. Failure to remit by the responsible
property owner may result in a lien placed against the property by
the Township.
7.
Whenever a tree is planted within 10 feet of a curb or public sidewalk,
a root barrier of a type approved by the Township shall be required.
8.
Whenever a tree is cut down in the public right-of-way, removal of
a stump should occur within 30 days.
[Ord. 609, 3/11/2004, § I]
2.
The Director of Warminster Township Parks and Recreation shall maintain
all records relating to trees agreed to be planted off site and funds
from applicants in lieu of planting trees on their site. The goal
is to use these excess trees, or the funds paid in lieu of trees,
to reforest Township parkland areas.[2]
[2]
Editor's Note: Former Subsection 3, which pertained to review
of planting proposals by the Park Board prior to review by the Planning
Commission, which immediately followed this subsection, was repealed
by Ord. No. 761, 3/5/2020.
[Ord. 609, 3/11/2004, § I]
In addition to the foregoing general regulations, the following
special provisions shall apply to trees located in residential and
nonresidential zoning districts of the Township:
1.
Only canopy trees will be used for street trees in these districts.
2.
A combination of canopy, understory, and evergreen/conifer trees
and shrubs shall be used for buffer planting in these districts.
3.
Except on existing individual residential lots, existing trees three inches in caliper or greater shall not be removed without first obtaining the approval of the Township Engineer, in writing. All trees that are to be removed must be replaced by understory trees or canopy trees. Additionally, the cumulative size of trees removed must be replaced on a one-for-one basis. If a person or entity required to plant trees agrees with the Township to plant the trees off site or pay a fee in lieu of planting trees on site, those trees or fee in lieu of planting may be used in the Township's parkland reforestation project, as directed by the Township Director of Parks and Recreation. This Subsection 3 shall apply to all residential land yet to be developed and to all nonresidential property.
4.
Dead or diseased trees not located in the public right-of-way or
which are not part of a buffer planting may be removed without being
replaced. However, on residential land yet to be developed and on
nonresidential lots, and for all trees located within the public right-of-way
or which are a part of a buffer planting, written permission of the
Township Engineer must be obtained prior to the removal of dead or
diseased trees.
5.
The Township recommends that trees should be planted with alternating
species to prevent possible future disease and infection.
[Ord. 609, 3/11/2004, § I]
Any person, firm or corporation who shall violate any provision
of this Part 1, upon a finding of liability in a civil enforcement
action commenced before a Magisterial District Judge pursuant to the
Pennsylvania Rules of Civil Procedure, shall pay a penalty of not
more than $600 per violation, plus costs and reasonable attorneys'
fees incurred by the Township in the enforcement proceedings. Each
day that a violation of this Part 1 continues shall constitute a separate
offense.
[Ord. 730, 7/21/2016]
The purpose of this Part 2 is to control the planting, cultivating,
or growing of certain running bamboo grasses in the Township, and
to require barriers to prevent the invasive spread of existing running
bamboo into other areas of the Township.
[Ord. 730, 7/21/2016]
As used in this Part 2, the following terms shall have the meanings
indicated:
Any monopodial (running) tropical or semitropical grasses
from the genera Bambusa, including, but not limited to, Bambusa phyllostachys,
fallopia and pseudosasa as well as common bamboo, golden bamboo, arrow
bamboo, and Japanese bamboo.
Any property owner or resident who has planted and/or grows
bamboo, or who maintains bamboo on his/her property, or who permits
bamboo to grow or remain on the property even if the bamboo has spread
from an adjoining property. Any property owner or resident at property
on which bamboo is found will be considered a bamboo owner, except
any property owner or resident who:
Has provided satisfactory proof to the Township that, within
a reasonable period of time after discovering the encroachment of
bamboo onto the property from an adjoining or neighboring property,
he/she has advised the owner of such property of his/her objection
to the encroachment; and
Has initiated steps for the removal of the encroaching bamboo,
including notifying the Township of the encroachment or otherwise
exercising private remedies at law.
The Township of Warminster, Bucks County.
[Ord. 730, 7/21/2016]
For purposes of this Part 2, bamboo found growing upon a property
shall constitute presumptive evidence that the bamboo was planted
and/or grown by and/or with the consent of the property owner, tenant,
or other individual, entity or corporation having control over the
property.
[Ord. 730, 7/21/2016]
Except as provided herein, upon the effective date of this Part
2, the planting or growing of bamboo shall be prohibited within the
Township, and no persons, property owners, tenants or other individual
entities or corporations having control of property within the Township
shall plant, cultivate or cause to grow any bamboo on any lot or parcel
within the Township. Any person who plants or grows, or causes or
allows to be planted or to be grown, bamboo within the Township shall
be deemed to be in violation of this Part 2 and shall be subject to
the penalties provided herein.
[Ord. 730, 7/21/2016]
This Part 2 shall not be deemed to alter any rights of any property
owner at common law or otherwise to recover the cost of removal of
bamboo on their property that has run over from a neighboring property.
[Ord. 730, 7/21/2016]
1.
The root system of such bamboo plant(s) is entirely contained within
an aboveground level planter, barrel or other vessel of such design,
material and location as to prevent the spread of growth of the bamboo
plant's root system beyond the container in which it is planted.
2.
The root system is contained completely within a barrier constructed
in accordance with the following specifications, and only after a
compliance inspection is performed and a permit issued by the Township:
A.
The barrier itself shall be composed of a high-density polypropylene
or polyethylene, with a thickness of 40 ml or more;
B.
Each portion of the barrier shall be secured or joined together by
use of stainless steel clamps or stainless steel closure strips;
C.
The barrier shall be installed no less than 30 inches deep;
D.
The barrier shall be circular or oblong shaped;
E.
Not less than three inches of the barrier shall protrude above ground
level around the entire perimeter of the bamboo planting area;
F.
When installed, the barrier shall slant outward from the bottom to
the top.
3.
Whether planted or growing in a container, as described herein, all
bamboo plants shall be located, trimmed and maintained so that no
part of the plant shall be closer than 10 feet from any property line,
pavement or sidewalk and no closer than 40 feet from a public or private
roadway within the Township.
[Ord. 730, 7/21/2016]
Any bamboo that has been planted or otherwise permitted to grow
on any property within the Township prior to the effective date of
this Part 2 may remain on such property only subject to compliance
with the following:
A.
The bamboo shall not be closer than 10 feet from any property line,
pavement or sidewalk and no closer than 40 feet from any public or
private roadway within the Township.
B.
Any bamboo owner whose property contains bamboo shall remove and
abate the growth of any bamboo within 40 feet of the edge of pavement
or traveled portion of any roadway within the Township.
C.
Each bamboo owner shall be responsible to ensure that the bamboo
planted or growing on the property prior to the effective date of
this Part 2 is maintained such that it does not encroach or grow upon
any adjoining or neighboring property or properties, including all
public property and public rights-of-way.
D.
If the Township determines that any portion of such bamboo has been allowed to grow upon, extend roots across, or extend branches, stalks, or leaves over any public right-of-way or any private property not owned by or in possession of the bamboo owner, the bamboo owner shall be required to comply with the provisions of § 25-208.
[Amended by Ord. 737, 1/19/2017]
[Ord. 730, 7/21/2016]
In the event the bamboo owner does not remove or contract for
the removal of bamboo from any public or private property within 20
days from the date of written notice of any violation under this Part
2, the Township may take such steps it deems appropriate to abate
the violation, including removal of the bamboo by Township personnel,
removal of the bamboo by contract, charging the costs of removal as
liens against the property remediated or filing an appropriate action
in equity to abate the violation. Nothing herein shall be construed
to create an affirmative obligation on the part of the Township to
abate or remove any bamboo within the Township.
[Ord. 730, 7/21/2016]
Any bamboo which is removed after the effective date of this
Part 2, whether by death, destruction or other method, may not be
replanted unless such replanting is consistent with the provisions
of this Part 2 that apply to new plantings.
[Ord. 730, 7/21/2016]
Any person, firm or corporation found to be in violation of
any of the terms, conditions or provisions of this Part 2 shall, in
addition to any other remedies provided hereunder, upon conviction
before any Magisterial District Judge, be guilty of a summary offense
and shall be required to pay a fine not exceeding $1,000, plus the
costs of prosecution. Each day that a violation continues after due
notice shall constitute a separate offense.
