Township of Exeter, PA Trees

Trees must be chosen and planted from a list of trees approved by the Exeter Township Environmental Advisory Council. A copy of said tree list is attached hereto, made part hereof and is included as Appendix A. [1]

[1]

Editor's Note: Appendix A is included at the end of this chapter.

The tree list attached hereto may be amended and supplemented by resolution of the Board of Supervisors as recommended by the Exeter Township Environmental Advisory Council as may from time to time be determined to be in the best interest of the Township.

Application data. The application required herein shall state the number of trees to be set out; the location, grade, species, cultivar or variety of each tree; the method of planting and such other information as the Township Code Enforcement Officer shall find necessary to a fair determination of whether a permit should be issued.

Improper planting. Whenever any tree shall be planted or set out in conflict with the provisions of this chapter, it shall be lawful for the Township Code Enforcement Officer to remove or cause removal of the same, and the exact cost thereof shall be assessed to the owner as provided by law in the case of special assessments. Trees shall be planted, at least one-foot outside the right-of-way line, except in the case of tree lawns where there are existing trees, in which case any tree shall be planted in the same line as other trees in existence.

§ 348-4 Obstructions; trees, bushes and/or shrubs to be pruned.

[Amended 11-13-2017 by Ord. No. 786]

It shall be the duty of any person or persons owning or occupying real property bordering on any street upon which property there may be trees to prune such trees, bushes and/or shrubs in such manner that they will not obstruct or shade the streetlights, obstruct the passage of pedestrians on sidewalks, obstruct vision of traffic signs or obstruct view of any street or alley intersection. The minimum clearance of any overhanging portion thereof shall be 10 feet over sidewalks and 15 feet over all streets.

Clear sight triangles shall be provided at all street intersections. Within such triangles, nothing which impedes vision between a height of 2 1/2 feet and 10 feet above the center-line grades of the intersecting streets shall be erected, placed, planted or allowed to grow, except street signs, traffic lights or signs, utility poles and mail boxes. Such triangles shall be established from a distance of 75 feet from the point of intersection of the center lines of the intersecting streets, except that a clear sight triangle of 150 feet shall be provided for all intersections with arterial highways. In addition, sight distances shall meet the requirements of PennDOT Publication 201, Engineering and Traffic Studies, Section 201.6.16.

Notice to prune. Should any person or persons owning real property bordering any street fail to prune trees, bushes, and/or shrubs as hereinabove provided, the Board of Supervisors of the Township, or any officer or employee of the Township designated thereby for the purpose, shall issue written notice ordering such person or persons, within 30 days, to take such action as is necessary to remedy the violation. The aforementioned notice shall be sent in any one of the following ways:

By personal delivery of the notice to the owner, tenant, or lessee of the premises;

By leaving the notice with an adult upon the premises;

By attaching a copy of the notice to the door at the entrance of the premises in violation; or

By mailing, by certified mail, the notice to the last known address of the owner of the premises.

Failure to comply. In case any person to whom the notice is directed neglects, fails, or refuses to comply with the notice within such period of time, the Township may prune the trees, bushes, and/or shrubs, and the exact cost thereof may be collected by the Township from such person in any manner provided by law.

§ 348-5 Abuse or mutilation of public trees.

No person shall intentionally damage, cut, carve, transplant or remove any tree; attach any rope, wire, nails, advertising posters or other contrivance to any tree; allow any gaseous liquid or solid substance which is harmful to such trees to come in contact with them; or set fire or permit any fire to burn when such fire or the heat thereof will injure any portion of any tree.

§ 348-6 Right of access.

No person shall hinder, prevent, delay or interfere with the Township Code Enforcement Officer or any of his assistants while engaged in carrying out the execution or enforcement of this chapter; provided, however, that nothing herein shall be construed as an attempt to prohibit the pursuit of any remedy, legal or equitable, in any court of competent jurisdiction for the protection of property rights by the owner of any property within the Township.

§ 348-7 Protection of trees.

All trees on any streets or other publicly owned property near any excavation or construction of any building, structure or street work shall be guarded with a good substantial fence, frame or box, not less than four feet high and eight feet square, or at a distance in feet from the tree equal to the diameter of the trunk in inches (dbh), whichever is greater, and all building material, dirt or other debris shall be kept outside the barrier.

No person shall excavate any ditches, tunnels, trenches or lay any drive within a radius of 10 feet from the public tree without first obtaining a written permit from the Township.

§ 348-8 Placing materials on public property.

No person shall deposit, place, store or maintain upon the public places of the Township any stone, brick, sand, concrete or other materials which may impede the free passage of water, air and fertilizer to the roots of any tree growing therein.

§ 348-9 Specifications for selecting, planting and maintenance of street trees.

Requirement for trees.

Street (shade) trees shall be required in all new subdivisions and land developments. No more than 1/3 of the required trees shall be of a single species.

In cases of commercial, industrial or educational development, the developer shall include in their plan the planting of trees every 50 feet along a right-of-way, plus four trees per 50 parking spaces in the parking area. No more than 1/3 of the required trees shall be of a single species.

In developments encompassing or adjoining any riparian corridor, defined in the Exeter Township Floodplain Ordinance, Chapter 126 of the Exeter Township Code, the riparian corridor shall be landscaped with approved plant material (Appendix A).

Environmental Advisory Council review. The Township Environmental Advisory Council shall review all development and redevelopment plans to assure the above criteria shall be met in the planting of the proper trees.

Description. Street trees to be provided pursuant to the provisions of Chapter 330, Subdivision and Land Development, of the Code of the Township of Exeter shall be in accordance with these specifications.

Materials.

All plant material shall be selected from the approved plant list (Appendix A). If the developer is confronted with an unforeseen problem pertaining to tree species, the Environmental Advisory Council shall be consulted for advice and recommendations.

Only plant material grown in nurseries shall be procured for shade tree planting. Trees should be true to form and typical of species.

Each tree shall be at least eight feet in height and have a diameter of at least 4 1/2 inches measured at a breast height four feet above the finished ground level.

As different trees require different soil conditions, it may be necessary to add materials, such as fertilizers, sand, etc., to the existing soil prior to planting.

Construction methods.

The actual location of each individual tree shall be determined considering views, proximity of utility poles, overhead and guy wires, driveways and subsurface utility installations.

Trees shall be planted at least 30 feet from street intersections, at least 15 feet from driveways and alleys, at least 10 feet from utility poles and at least 10 feet from any sewer line or lateral. In all cases the clear sight triangles, specified in Chapter 330, Subdivision and Land Development, of the Code of the Township of Exeter shall be maintained.

Spacing of trees shall be determined by the Township Code Enforcement Officer or Township Engineer according to local conditions, the species, cultivars or varieties used, their mature height, spread and form. Generally, all trees shall be planted 40 feet to 60 feet on center averaging 50 feet. Whenever possible, shade trees shall be planted alternately along each side of all streets of the development.

Maintenance.

Plant maintenance shall begin immediately after each plant is satisfactorily installed and shall continue until final inspection by the Township Code Enforcement Officer or Township Engineer.

Plant maintenance shall include, but need not be limited to, replacing mulch that has been displaced by erosion or other means, maintaining stakes and guys as originally installed, watering when needed or directed and performing any other work required to keep the plants in a healthy condition. An adequate moisture supply is estimated to be the equivalent of one inch of water per week, delivered at weekly intervals in the form of rain or augmented by periodic watering.

The developer shall remove and replace all dead, defective and rejected plants during the first two growing seasons or within two calendar years, whichever shall first occur.

§ 348-10 Tree removal in association with subdivision and land development activities.

By their very nature, trees and green space provide benefits and add value to developments. The ability of trees to improve and maintain the quality of water, soil, and air is well known. Trees also provide shade and help lower temperatures during hot weather. Trees enrich people's lives and beautify landscapes. Preserving trees has positive effects on the image and attractiveness of developments.

It is recognized that development activities will result in the removal of forested areas for the construction of roads, utilities, and structures; however, when planning the subdivision or development every effort shall be made to preserve, protect, and enhance forested areas and individual trees. The following reports and submission information shall be submitted at preliminary plan stage by the applicant and shall be reviewed by the Township Planning Commission with recommendations by the Exeter Township Environmental Advisory Council and the Township Engineer considered. The reports and supplemental information shall be used to determine the most appropriate layout of the development with consideration given to trees to be preserved and the species, size and location of replacement tree planting.

A tree inventory report shall be prepared for the area of the proposed subdivision or development by a qualified horticulturist, forester, arborist, or landscape architect and submitted to the Township Planning Commission at sketch plan stage. The tree inventory report shall include the following elements:

As a minimum, the following tree species and sizes shall be included in the inventory:

Tree Inventory List
Common Name	Scientific Name	Minimum dbh to be Inventoried (inches)
American beech	Fagus grandifolia	8
American chestnut	Castanea dentata	4
American elm	Ulmus americana	8
American larch	Larix larcina (Duroi)	8
American linden	Tilia americana	8
Bigtooth aspen	Populus grandidentata	8
Bitternut hickory	Carya cordiformis	8
Black ash	Fraxinus nigra	8
Black cherry	Prunus serotina	8
Black gum	Nyssa sylvatica	8
Black locust	Robinia pseudoacacia	8
Black oak	Quercus velutina	8
Black walnut	Juglans nigra	8
Black willow	Salix nigra	8
Box elder	Acer negundo	8
Butternut	Juglans cinerea	8
Catalpa	Catalpa bignonioides	8
Chestnut oak	Quercus montana	8
Choke cherry	Prunus virginiana	4
Colorado blue spruce	Picea pungens	8
Common hackberry	Celtis occidentalis	8
Common honeylocust	Gleditsia triacanthos	8
Common sassafras	Sassafras albidum	8
Cucumbertree magnolia	Magnolia acuminata	8
Eastern hemlock	Tsuga canadensis	8
Eastern red cedar	Juniperus virginiana	8
Eastern white pine	Pinus strobus	8
Fire cherry	Prunus pensylvanica	6
Flowering dogwood	Cornus florida	4
Mockernut hickory	Carya tomentosa	8
Northern red oak	Quercus rubra	8
Norway maple	Acer platanoides	8
Norway spruce	Picea abies	8
Osage orange	Maclura Pomifera	8
Paper birch	Betula papyrifera	8
Pignut hickory	Carya glabra	8
Pin oak	Quercus palustris	8
Pitch pine	Pinus rigida	8
Quaking aspen	Populus tremuloides	8
Red maple	Acer rubrum	8
Red mulberry	Morus rubra	8
Red pine	Pinus resinosa	8
Redbud	Cercis canadensis	4
Scarlet oak	Quercus coccinea	8
Scots pine	Pinus sylvestris	8
Serviceberries	Amelanchier	6
Shagbark hickory	Carya ovata	8
Shellbark hickory	Carya laciniosa	8
Silver maple	Acer saccharinum	8
Slippery elm	Ulmus rubra	8
Striped maple	Acer pensylvanicum	6
Sugar maple	Acer saccharum	8
Sweet birch	Betula lenta	8
Sycamore	Platanus occidentalis	8
Table mountain pine	Pinus pungens	8
Tulip tree	Liriodendron tulipifera	4
Virginia pine	Pinus virginiana	8
White ash	Fraxinus americana	8
White oak	Quercus alba	12
Witch hazel	Hamamelis virginiana	4
Yellow birch	Betula alleghaniensis	6

Tree identification number.

Species.

Diameter at breast height (dbh) typically 4.5 feet from the ground.

(5)

Tree height.

(6)

Distance to dripline at the four compass points.

(7)

Direction of low or unusual branching (by compass points).

(8)

Tree condition: good, fair, or poor:

Guide for Assigning Condition Class of Trees
Condition	Deadwood	Foliage	Trunk
Good	Dieback limited to less than 10% of the smaller branches	Normal for species in size and color; crown density is normal	Less than 20% of trunk circumference has any dead bark; no decay fungus mushrooms present
Fair	Dieback includes 10% to 20% of smaller branches and 1 to 2 large dead branches	Reduced in size; lighter in color than normal; crown density is sparse.	20% to 40% of trunk has dead bark; decay fungus mushrooms may be present
Poor	Dieback includes more than 30% of small branches 3 or more major branches	Greatly reduced in size; lighter in color than normal; crown density is sparse	More than 40% of the trunk circumference has dead bark, decay, or hollow; decay fungus mushrooms may be present

(9)

Suitability for preservation: excellent, good, fair, or poor.

(a)

Species, condition, size, age, and other factors are to be used by the qualified inspector to evaluate the suitability of a tree for preservation. In general, certain tree species are more desirable for preservation than others. For example, because white oaks and sycamores are structurally stronger and live longer than silver maples or cottonwoods, they should be given a higher suitability for preservation. Silver maples have a lower preservation value because of their potential to develop structural weakness and to therefore be hazards in developed areas, especially if their roots are damaged during construction. Species with undesirable characteristics, such as narrow branch angles, weak wood, susceptibility to severe pest problems, or short life expectancy, should be given a lower suitability for preservation than more desirable species.

(b)

Condition, size, and age also are important factors in determining a tree's suitability for preservation. For example, a large white oak with decay, many lost branches, and no historical value would have a poor suitability for preservation, while a large white oak in good condition would have a good or excellent suitability for preservation.

Maintenance recommendations and comments.

In the inventory recommended actions are made to improve the health and structure of worthy trees, especially landmark and other prominent trees. These maintenance recommendations include needed irrigation, fertilizing, pest and disease management, cabling or bracing, and especially pruning.

The information gathered in the tree inventory report is summarized in a tree report.

Trees included in the tree inventory report with suitability for preservation rating of excellent, good, or fair shall be depicted on the site and grading plans indicating the location tree trunks, canopy dimensions and trunk elevation.