1. Street Tree Planting. Every street tree hereafter planted or replaced shall comply with the Township's approved shade tree list requirements as to size and species, unless otherwise approved as part of the subdivision or land development plan approval.
A. Spacing. The spacing of street trees will be in accordance with the minimum spacing requirements for the tree species as set forth in shade tree list.
B. Utilities. No street trees other than those species listed herein as small trees may be planted under or within ten (10) lateral feet of any overhead utility wire, or over or within five (5) lateral feet of any underground public water line, sewer line, transmission line or other utility.
C. Distance from Curb and Sidewalk. The distance any trees may be planted from curbs or curblines and sidewalks will be in accordance with the tree species size classes, and no trees may be planted closer to any curb or sidewalk than five (5) feet.
2. Street Tree Protection and Permit Requirements.
A. Prohibited Activities. It shall be unlawful for any reason, except in case of immediate necessity for protection of life or property, to do any of the following to any street tree:
(1) Top.
(2) Break.
(3) Climb with spurs on.
(4) Place any rope, guy wire, cable, signs, poster or other fixtures on.
(5) Injure in any manner.
B. Permit Activities. The following activities may be permitted upon issuance of a permit in accordance with the permit procedures specified in this Part.
(1) Removal. No street tree shall be removed without a permit for such activity. Any street tree which is removed for any reason, including removal pursuant to subsection (4) of this Section, shall be replaced by the property owner at the expense of the property owner with a shade tree of type, size and shape that conforms to the specifications including spacing between trees provided for in the Township approved shade tree list if a replacement can reasonably be made in conformance with such specifications. The Township Council's approval of a subdivision or land development plan or a site plan showing removal of street trees shall constitute permit approval for such removal.
(2) Root System Disturbance. No cutting of the main roots of any street tree shall be allowed without a permit for such activity. The permit applicant must demonstrate a valid reason (as determined by the Township Manager during the permit application review) for the root disturbance.
(3) Protection of Roots. No person shall, without first obtaining a permit, place or hereafter maintain any stone, concrete or other substance which shall impede the passage of water and air to the roots of any street tree. The permit applicant must demonstrate that he shall leave open space of ground surrounding the trunk of the tree, such space to be not less than four (4) feet square of three-fourths (3/4) the distance from the trunk to the dripline, whichever is greater.
C. Application for Permit Procedure.
(1) Application. The application for any permit required by this Part shall be made in writing accompanied by the permit fee to the Township upon forms furnished by the Township Manager and such application shall specify the particular kind of work or operation the applicant desires to perform, the exact location and species of any tree or trees affected, and such other information as the application may require.
(2) Time of Permit. Upon issuance of the permit, the permit shall be valid for twelve (12) months.
(3) Permit Fees. Fees for all permits issued pursuant to the provisions of this Part shall be established by resolution of the Township Council.
D. No permit shall be needed for tree trimming that is necessary for the following purposes:
(1) To maintain required sight clearances along a public road or at an intersection.
(2) To maintain minimum clearances over roads or walkways and sidewalks.
(3) To provide pruning for proper tree maintenance.
(4) To maintain safe clearance for overhead utility lines.
E. No permit shall be required for any contributions, digging, removal, replacement or planting made in accordance with a land development or subdivision plan approved by the Township Council.
3. Street Tree Trimming.
A. Minimum Height.
(1) All street trees shall be kept trimmed so that the minimum clearance height where they overhang any walkways and sidewalks shall be eight (8) feet or road shall be fifteen (15) feet. However, the Township Council may by resolution designate a higher clearance on certain highways, where heavy traffic or other special clearance requirements may exist.
(2) The Township shall be responsible for maintaining compliance for street trees adjacent to residential property which is not an apartment or condominium of more than three (3) units.
B. Pruning requirements.
(1) All pruning cuts shall be made close to the trunk or parent limb but without cutting into the branch collar or leaving a protruding stub, according to the National Arborist Association standards.
(2) All pruning cuts must be made in such a way as to prevent bark from being torn from the tree and to facilitate rapid healing. Flush cuts are unacceptable.
(3) If the Township has responsibility for trimming street trees located such that access to private property is necessary to prune in accordance with this Section, the Township shall request permission of the owner to do so. If such permission is not received within 30 days, the responsibility for pruning and all costs with respect thereto shall shift to the property owner.
4. Removal of Diseased or Distressed Trees.
(1) The Township Council may, by written notice, require owners of property to cut and remove any tree afflicted with the Dutch Elm disease or other disease which threatens to destroy or injure shade trees in the Township.
(2) The Township Manager may require that the owner of any property on which there is any tree that is split, leaning or otherwise in condition to pose a threat of falling in whole or part onto a street or sidewalk to cut, remove, trim or cable such tree in a manner to eliminate the threat. The action shall be taken by the owner in such time as the Manager may determine, but in no case longer than thirty (30) days and access to the street or sidewalk threatened shall be restricted until such action is taken.
(3) Any street tree removed pursuant to this Section shall be replaced pursuant to subsection (2)(B)(1) of this Section.
(Ord. 417, 2/20/2002, §105; as amended by Ord. 643, 2/15/2023)