[HISTORY: Adopted by the Board of Commissioners
of the Township of Nether Providence 2-13-1997 by Ord. No. 610. Amendments
noted where applicable.]
A.Â
There shall be created a commission to be known and
designated as the "Shade Tree Commission." The Commission shall consist
of three members, all of whom shall be residents of the Township.
All will serve without compensation.
B.Â
One member shall serve for three years, one for two
years and one for one year.
C.Â
On the expiration of the term of any member of the
Shade Tree Commission, a successor shall be appointed by the Township
Board of Commissioners to serve for a term of three years.
D.Â
Vacancies in the office of the Shade Tree Commission
shall be filled by the Township Board of Commissioners for the unexpired
term.
Within a reasonable time after the appointment
of the Shade Tree Commission and the approval of the members thereof,
upon call of the Township Board of Commissioners, the Shade Tree Commission
shall meet and organize by the election of a Chairperson. The Shade
Tree Commission shall then provide for the adoption of rules and procedures
and for the holding of regular and special meetings as the Commission
shall deem advisable and necessary in order to perform its duties.
[Added 2-12-2009 by Ord. No. 738]
As used in this chapter, the following terms shall have the
meanings indicated:
An area proposed to be disturbed in any manner, temporarily
or permanently, as a result of construction activities.
Standard measurement of a tree's diameter taken at a twelve-inch
height.
Any arborist certified by the International Society of Arborists
(ISA).
A limiting line established by a series of vertical drop
points marking the maximum radius of the crown of an existing tree
but not less than 15 feet from the tree trunk. This area is to be
protected from all construction activities, including earth disturbance,
compaction, foot or vehicular traffic and material stockpiling.
Any tree on public or private property that poses an immediate
danger to life or property or any tree afflicted by a disease which
threatens injury or destruction of other trees.
Any of the following:
Species that invade ecosystems beyond their natural, historic
range and harm the native ecosystem of Nether Providence Township
or commercial, agricultural, or recreational activities dependent
on that ecosystem.
A person who has completed a course of study from an approved
school of landscape architecture or who has been trained and registered
in landscape architecture in the Commonwealth of Pennsylvania.
The legal and beneficial owner of land. Where the legal and
beneficial ownership of land is severed, the term shall include all
persons holding legal and beneficial interests.
A permit, in writing, issued by the Township Manager or Township
Engineer pursuant to application approval by the Shade Tree Commission.
Any individual, firm, association, partnership, corporation
or any other legal entity, other than the Township of Nether Providence.
A temporary fence installed, at a minimum, around the dripline
of any tree which is to be preserved during construction operations,
inside of which no grading, storing or dumping of any material may
occur.
Any Township, county or state right-of-way, a portion of
which is used for vehicular or pedestrian travel.
Any tree with a six-inch or greater caliper which is subject
to review and/or approval by the Shade Tree Commission under any section
of this chapter.
Any tree within any public right-of-way.
The Township of Nether Providence
The duly appointed Engineer of the Township or his designee.
The duly appointed Manager of the Township or his designee.
A plan addressing issues related to protective fencing and
protective techniques to minimize impacts to trees associated with
grading, excavation, demolition, and construction.
An area that is radial to the trunk of a tree. The tree protection
zone shall be 15 feet from the trunk of the tree to be retained, or
the distance from the trunk to the dripline, whichever is greater.
Where there is a group of trees or woodlands, the tree protection
zone shall be the aggregate of the protection zones for the individual
trees.
Replacement of any tree removed or recommended to be removed
by the Shade Tree Commission as follows: one replacement tree per
every tree removed that is 12 inches to 18 inches in caliper; two
replacement trees per every tree removed that is greater than 18 inches
to 24 inches in caliper; three replacement trees per every tree removed
that is greater than 24 inches to 36 inches in caliper; four replacement
trees per every heritage tree to be removed that is 36 inches or greater
in caliper. Replacement trees should have a minimum two-inch caliper.
Replacement trees for a heritage tree shall have a minimum three-and-one-half-inch
caliper.
[Amended 2-12-2009 by Ord. No. 738]
The duties of the Shade Tree Commission shall be as follows:
A.Â
General powers. Excepting such powers as are reserved to the Township
Commissioners under applicable law, or as herein reserved, the Shade
Tree Commission shall have exclusive custody and control of the street
trees in the Township and is authorized to plant, transplant, remove,
maintain and protect trees along the streets and highways in the Township.
To the extent funds for such purposes are budgeted by the Township
Commissioners, it may employ and pay such superintendents, engineers,
foresters, tree wardens or other assistants, as the proper performance
of the duties devolving upon it shall require. Nothing herein shall
be construed to require the Township Commissioners to budget funds
for the foregoing purposes. The Shade Tree Commission may make and
enforce regulations for the care and protection of the street trees
of the Township, provided that no such regulation shall be enforced
until approved and ordained by the Township Commissioners.
B.Â
Duties. The specific duties of the Shade Tree Commission include
but are not limited to the following:
(1)Â
The Shade Tree Commission shall prepare a heritage tree inventory
within three years of the effective date of this chapter and update
that inventory at least every five years thereafter. The Shade Tree
Commission or the Township reserves the right to confer heritage tree
status on any suitable tree brought to its attention. The failure
of the Shade Tree Commission to include a tree on the inventory shall
not exempt a tree meeting the above definition of "heritage tree"
from the protections of this chapter.
(2)Â
The Shade Tree Commission may recommend suitable species of trees
for planting along streets and in other areas, as well as appropriate
size, spacing, planting, bracing, fertilization, maintenance and pruning
of trees.
(3)Â
The Shade Tree Commission shall assist the Township in the dissemination
of news and information about the establishment, protection and maintenance
of shade trees in the Township.
(4)Â
The Shade Tree Commission shall hold public meetings on a regular
basis, but not less frequently than three times a year, and shall
publish its schedule of meetings and activities. Meetings and notices
thereof shall be governed by the Nether Providence Township procedures.
(5)Â
The Shade Tree Commission may, with approval of the Board of Commissioners,
consult a qualified arborist or landscape architect to advise on suitable
species or trees, their planting, durability, rate of growth, litter
tendencies, care, protection and treatment, tolerance to impervious
coverage and traffic, and other such advice that may be useful or
appropriate to the duties and responsibilities of the Shade Tree Commission.
(6)Â
The Shade Tree Commission shall recommend to the Board of Commissioners
rules and regulations to further carry out its duties and responsibilities,
which may include the issuance of mandatory or voluntary guidelines
governing the planting, maintenance and removal of trees.
(7)Â
The Shade Tree Commission shall administer the Shade Tree Fund, a
fund comprised of contributions from interested persons and other
entities, for the purpose of maintaining the wooded character of the
streets and lands within the Township.
(8)Â
The Shade Tree Commission shall establish a list of invasive species
exempt from protection under this chapter and update that list at
least every five years.
(9)Â
The Shade Tree Commission shall assist the Township in the dissemination
of news and information regarding:
(a)Â
The selection, planting and maintenance of trees within the
municipality, whether the same be on private or public property, and
making such recommendations from time to time to the Township Board
of Commissioners as to desirable legislation concerning the tree program
and activities for the municipality; and
(b)Â
The handling of fallen leaves within the municipality, whether
the same be on private or public property, and making such recommendations
from time to time to the Township Board of Commissioners as to desirable
regulations and practices concerning leaf mulching and leaf removal.
C.Â
Reviews. The Shade Tree Commission may review or cause to be reviewed
all applications submitted to the Township for the following:
D.Â
Reservation. The Township Commissioners hereby reserve the following
powers unto itself its officers, employees, agents and contractors:
(1)Â
Such power and authority as is reserved to it in the Pennsylvania
Motor Vehicle Code to require owners of real property to remove any
tree, plant, shrub or other similar obstruction, or part thereof which,
by obstructing the view of any driver, constitutes a traffic hazard.
(2)Â
Such power and authority as is reserved to it in the Pennsylvania
First Class Township Code to accept, purchase and plant or contribute
to the purchasing and planting of shade trees along the streets and
sidewalks of the Township.
(3)Â
Such power and authority as is reserved to it in the Pennsylvania
First Class Township Code and this chapter to assess liens.
(4)Â
Such power and authority as is reserved to it in the Pennsylvania
First Class Township Code to accept the petition of a majority of
the property owners upon any public street and, after receiving the
counsel of the Shade Tree Commission, thereupon ordain the planting
and replanting of suitable shade trees along and upon the sides of
such streets by the owners of property abutting the points designated
in such ordinance.
(5)Â
All powers and authority reserved to it under any other applicable
law.
[Added 2-12-2009 by Ord. No. 738]
A.Â
License required; exemptions.
[Amended 2-14-2019 by Ord. No. 807]
(1)Â
License required. Registration and obtaining a license is required
for all arborists, tree surgeons, landscape companies or other contractors
to perform any tree work in Nether Providence Township on public or
private land. Such work shall include but not be limited to felling,
pruning, tree removal, stump grinding, etc., to the end that only
responsible and qualified persons shall be permitted to engage in
such activity in Nether Providence Township.
(2)Â
Exemptions. The following are exempted from the licensing and permit
requirements:
(a)Â
Any department, bureau, or agency of the United States of America,
the State of Pennsylvania, the County of Delaware or Nether Providence
Township, or any official representative of the United States of America,
the State of Pennsylvania, the County of Delaware or Nether Providence
Township in pursuit of his or her duties.
(c)Â
Any person with reference to trees on their own premises.
(d)Â
Any person or entity engaged in landscape tree maintenance,
defined as maintenance performed when standing on the ground or when
performed on trees less than 20 feet in height.
(e)Â
Any company engaged in the installation of underground facilities
or any associated site construction.
B.Â
Insurance required. In order to apply for a license to perform tree
work in Nether Providence Township, an applicant shall be required
to demonstrate possession of liability insurance covering the activities
involved, in the minimum amounts of $300,000 for bodily injury or
death and $100,000 for property damage. In addition, they shall demonstrate
proof of up-to-date workers' compensation coverage.
C.Â
Application. Application for a license shall be made on a form provided
by the Township and shall include the name and address of the business,
partnership or corporation, and the name of the individual to be licensed,
along with any additional information which the Township may require.
One member of the business, partnership or corporation shall be sufficient
for the issuance of a license.
[Added 2-12-2009 by Ord. No. 738]
A.Â
Grading and clearing permits.
(1)Â
No person shall undertake any of the following activities without
first applying for and obtaining a grading and clearance permit from
the Township:
(a)Â
Activity resulting in the movement of earth or stripping of
vegetative cover from earth with an area in excess of 300 cubic yards;
(b)Â
Paving a parking lot of five or more cars where two or more
existing trees of 12 inches' or greater caliper are proposed to be
removed; or
(c)Â
Grading or clearing on any undeveloped lot in which six or more
trees of 12 inches' or greater caliper are proposed to be removed.
(2)Â
An application for a grading and clearing permit shall be made in
writing to the Township Manager upon forms furnished by the Township,
together with such filing fee as may be established by resolution
of the Board of Commissioners from time to time.
(3)Â
As part of the application for a grading and clearing permit, the
applicant shall submit a plan showing:
(a)Â
The size, species and location of all trees with a caliper of
12 inches or greater which are in the proposed area of disturbance.
(b)Â
All trees to be removed are to be designated with an "X."
(c)Â
The approximate location of trees on adjoining properties that
are located within 10 feet of the property line (said locations can
be approximated from the subject property or via existing aerial photographic
data). A planting plan shall also be required illustrating the size,
species and location of trees to be planted in compliance with the
tree replacement formula. The plan shall include a chart summarizing
sizes of trees to be removed and trees to be planted.
(d)Â
The location of protective tree fence around trees to remain,
including a detail of such.
(4)Â
Additionally, the following measures must be addressed by the applicant
and inspected by the Township Engineer prior to the start of work:
(a)Â
Protective tree fence must be installed and maintained until
the work is complete and not removed until directed by the Township.
No soil stockpiling, storage of building materials or equipment operation
shall be permitted within the tree protection zone or within 15 feet
from any remaining trees, whichever is greater.
(b)Â
All trees to be removed within the area of disturbance must
be clearly marked at the base of each tree with visible marking.
(c)Â
The cost of such inspections will be covered by the applicant's
permit fee as charged by the Township.
(d)Â
Protective tree fence must be installed by the applicant and
inspected by the Township Engineer upon issuance of a grading or clearing
permit.
(5)Â
The Shade Tree Commission shall recommend for approval or disapproval
each grading or clearing permit application before it and provide
a written basis for its findings. If approved, the Township Manager
may issue a grading or clearing permit. If a grading or clearing permit
application is not acted upon within 30 days, it shall be considered
to be approved by the Shade Tree Commission.
(6)Â
The grading or clearing permit shall be effective for such length
of time as the Shade Tree Commission shall in each case determine,
which length of time shall be indicated on the permit; and such permit
may be revoked at any time by the Township Manager upon proof satisfactory
to the Township Manager that the terms upon which the permit was issued
have been violated.
(7)Â
The Shade Tree Commission can, in its discretion, as a condition
of a permit, require the applicant to file a bond or to deposit security
satisfactory to it to guarantee compliance with the terms and conditions
upon which the permit is issued.
B.Â
Removal or disturbance of a heritage tree.
[Amended 10-13-2011 by Ord. No. 760]
(1)Â
No person shall undertake any of the following activities without
first applying for and obtaining a heritage tree removal/disturbance
permit from the Township:
(2)Â
The application for a heritage tree removal permit shall be accompanied
by a plan illustrating the size, species and location of the Heritage
tree which is proposed to be removed and the size, species and location
of new trees to be planted in compliance with the tree replacement
formula. In the case of the disturbance of a heritage tree due to
construction or grading activities, a tree protection plan shall be
prepared by a certified arborist or landscape architect, which plan
shall address issues related to protective fencing and protective
techniques to minimize impacts associated with grading, excavation,
demolition, and construction.
(3)Â
All heritage trees remaining on site shall be protected from disturbance
by proposed construction or clearing of area trees.
(4)Â
The Shade Tree Commission shall recommend for approval or disapproval
each heritage tree permit application and may provide a written basis
for its findings. In determining whether to approve a permit application,
the Shade Tree Committee shall give consideration to the following:
(a)Â
The condition of the tree or trees with respect to disease,
danger of falling, proximity to existing or proposed structures and
interference with utility services;
(b)Â
The necessity to remove the tree or trees in order to construct
proposed improvements to the property;
(c)Â
The topography of the land and the effect of the removal of
the tree on erosion, soil retention and diversion or increased flow
of surface waters;
(d)Â
The long-term value of the species under consideration, particularly
life span and growth rate;
(e)Â
The ecological value of the tree or group of trees, such as
food, nesting, habitat, protection and shade for wildlife or other
plant species;
(f)Â
The number, size, species and location of existing trees in
the area, and the effect the removal would have upon shade, privacy
impact and scenic beauty;
(g)Â
The availability of reasonable and feasible alternatives that
would allow for the preservation of the tree(s).
(5)Â
If approved, the Township shall issue a heritage tree removal permit,
subject to such conditions as the Shade Tree Commission may impose.
If a heritage tree removal application is not acted upon within 30
days after receipt of an application under this section, it shall
be considered to be approved by the Shade Tree Commission.
(6)Â
The heritage tree removal permit shall be effective for such a length
of time as the Shade Tree Commission shall in each case determine,
length of time shall be indicated on the permit, and such permit may
be revoked at any time by the Township Manager upon proof satisfactory
to the Township Manager that the terms upon which the permit has been
issued have been violated.
C.Â
Appeals hearing. Any person aggrieved by a denial of a permit notice, determination, refusal, act or failure to act issued, taken or omitted under this § 71-5 shall have the right to a hearing to be held by the Board of Commissioners. A notice of appeal must be filed within 30 days following the date of the denial or other action so appealed. In all cases, the aggrieved party shall be given personal notice by regular mail of the date, time and place of the meeting at which his/her appeal will be heard.
[Added 2-12-2009 by Ord. No. 738]
A.Â
Authorization for immediate removal. Notwithstanding anything contained
in this chapter to the contrary, the cutting and removal of hazard
trees may occur without a permit if the following conditions exist
by the assessment of a Township licensed arborist:
(1)Â
There exists an immediate danger to life or property.
(2)Â
The tree is afflicted by a disease which threatens injury or destruction
of other trees.
(3)Â
Federal, state or Township laws or regulations superseding this chapter
require tree removal.
(4)Â
The tree has been substantially damaged or has died.
B.Â
Determination of hazard tree status. Whenever it is determined, upon
inspection by a certified arborist, that a tree is a hazard tree that
constitutes a nuisance in fact or a menace to health or a threat to
public safety, the Township Manager or his designee shall notify,
in writing, the owner of the property on which such hazard tree is
located or, in the case of a street tree, the property which abuts
the portion of the right-of-way in which such hazard street tree is
located, of his determination. If notice as aforesaid cannot be given,
then a copy of said notice shall be posted on the premises.
[Amended 3-8-2018 by Ord.
No. 798]
C.Â
Notice of abatement. At the time of the notification of determination
aforesaid or at some later time, the Township Manager may also deliver
or have delivered a written order of abatement directed to the owner
requiring an abatement of the condition described within such time
as may be specified in the order of abatement, and said order of abatement
may provide for removal or any other relief deemed appropriate by
the Township Manager.
D.Â
Cost of removal. The owner is responsible for all costs for removal
of hazard trees on private property.
E.Â
Abatement by Township. In case such order of abatement is not obeyed
within the time specified therein, the Township Manager may direct
or engage the appropriate Township employees or other persons to remove,
correct or abate the condition described, and the expense therefor
shall be recoverable from the owner of the property involved, together
with a penalty of 10% of such expense, in the manner provided by law
for the collection of municipal claims.
[Added 2-12-2009 by Ord. No. 738]
A.Â
Maintenance of street trees.
[Amended 3-8-2018 by Ord.
No. 798]
(1)Â
The maintenance, care, or removal of any street tree as defined herein,
and the required compliance with any provision of this chapter shall
be the responsibility of the property owner on whose property the
tree is located or whose property abuts the portion of the right-of-way
in which the street tree is located, when the street tree is located
in the right-of-way between the paved cartway of a public street and
the abutting property.
(2)Â
The cost and expenses of planting, pruning, maintaining, feeding, protecting, and caring for street trees on Township rights-of-way shall be borne by the Township when, and only when, the work is done by the Township with approval of the Board of Commissioners. Any voluntary action taken by the Township with respect to street trees pursuant to this section shall not create any obligations on the part of the Township to continue such action, nor shall it limit, ameliorate or change the obligation of the landowner. This section shall not limit the rights of the Township to recover expenses from the owner as provided in § 71-6 of this Code or as otherwise provided by law or ordinance.
B.Â
Acts injurious to street trees. Except in case of 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 without a permit:
(1)Â
To cut down any viable healthy street tree.
(2)Â
To interfere with the roots of any street tree.
(3)Â
To cut into, drive nails or spikes into, break climb with spurs,
or injure in any manner a street tree.
(4)Â
To place any rope, guy wire, cable, sign, poster or other fixture
on a street tree.
(5)Â
To injure, misuse or remove any device placed to protect a street
tree.
(6)Â
To discharge or pour salt, saltwater, oil or other noxious liquids
or materials on a street tree or around its base.
(7)Â
To place any stone, cement or other material on a street tree or
around its base so as to impede the natural passage of water and air
into its roots.
(8)Â
To attach any electrical wire, insulator or any device for the holding
of an electrical wire to any street tree.
[Added 2-12-2009 by Ord. No. 738]
Any person violating any provisions of this chapter shall, upon summary conviction before any District Justice, be punishable as provided in Chapter 1, General Provisions, Article II, Violations and Penalties, § 1-17, Other violations. Each and every day in which any person, firm or corporation shall be in violation of this chapter shall constitute a separate offense.
