(A) Purposes. To protect wildlife and bird habitats, encourage ground water recharge, reduce air pollution, avoid pollution of creeks by high temperature runoff, maintain the attractive character of residential areas and conserve energy.
(B) Applicability. This section shall not regulate the following:
(1) “Forestry” and “timber harvesting” as defined in the Zoning Code;
(2) The cutting down of trees that are diseased, dead or represent a hazard to persons or property because of injury or location;
(3) The cutting down of up to five trees per lot per calendar year, provided such cutting does not exceed 30% of the total basal area;
(4) The cutting down of trees where a building, parking area, driveway, street, septic system, well or similar improvement has been approved, or areas within 30 feet of such approved features or where necessary to allow soil testing;
(5) The cutting down of trees to allow an expansion of an existing crop farming use;
(6) The cutting down of up to 10% of the trees per calendar year on a lot as part of routine thinning of woods or for firewood, provided such cutting does not result in clearcutting; and
(7) The cutting down of trees with a trunk diameter of less than six inches (measured at four and one-half feet above the ground).
(C) Tree cutting.
(1) Where tree cutting is proposed, site plans submitted to the township shall show the extent of the tree cutting, and the extent of areas where trees are proposed to remain and be protected.
(2) The applicant shall prove that the number of trees with a trunk diameter of six inches or more measured at a height of four and one-half feet above the average surrounding ground height that are cut down or effectively killed will be held to an absolute minimum, while still allowing allowed structures and uses to be developed.
(D) Protection of trees during construction.
(1) Reasonable efforts shall be taken during any construction to ensure the protection of trees protected by this section are not accidentally injured or killed. These efforts shall ensure that equipment does not damage tree trunks, that roots are not compacted by vehicles and that the grade level around trees is not changed by more than eight inches unless approved tree wells are used. Durable temporary fencing and signs shall be placed around the outer edge of the root systems of trees proposed to be preserved, including, but not limited to, the areas beneath the canopy of the trees (“the dripline”). Such fencing shall remain in place during all earth disturbance and construction activities.
(2) If an approved subdivision or land development plan states that certain trees are to be preserved, and if those trees are killed, then the developer shall be required to replace those trees with new mature trees, in addition to any other penalties provided in this chapter.
(Ord. 126, passed 3-18-2010; Ord. 161, passed 4-18-2019)
Penalty, see § 155.999