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Millcreek, PA Tree Protection: Parkway Planting (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

Key Facts

Governing section
Millcreek Township Code § 29-46
Shade tree spacing
Minimum 30 feet, maximum 60 feet
Ornamental tree spacing
Minimum 20 feet, maximum 30 feet
Intersection setback
Foliage no closer than 35 feet
Minimum trunk caliper
Two inches at six inches above grade
Planting guarantee
One year; replace if more than 1/3 dies
Approval authority
Board of Supervisors approves varieties

Summary

Millcreek Township Code § 29-46 governs every tree placed, maintained or replaced in a public street right-of-way. Shade trees need 30 to 60 feet of spacing, ornamental trees 20 to 30 feet, and foliage must stay at least 35 feet from an intersection. Trees go in the tree lawn between sidewalk and cartway in Erie County, Pennsylvania.

These regulations shall govern whenever trees are placed, maintained or replaced within the right-of-way of a public street. A. Spacing and location. (1) Shade trees intended to grow to 35 feet in height or greater: minimum spacing of 30 feet and maximum spacing of 60 feet (see Figure STT-1).[1] ... (2) As an alternative, ornamental trees intended to grow to less than 35 feet in height: minimum spacing of 20 feet and maximum spacing of 30 feet. ... (4) Street trees should be located between the sidewalk and the paved cartway of a street in the "tree lawn," provided that trees shall not be placed in swales or berm areas beside noncurbed streets. B. Branching standards. (1) Street tree branching shall not interfere with clear sight triangles. At intersections, trees shall be located so that their foliage is no closer than 35 feet from the intersection of the streets' right-of-way as measured from a height of two feet to six feet (see Figure STT-3).[2]

Full Breakdown

Section 29-46 of the Millcreek Township Code applies whenever trees are placed, maintained or replaced within the right-of-way of a public street. For spacing, shade trees intended to grow to 35 feet or taller need a minimum of 30 feet and a maximum of 60 feet between trees. Ornamental trees that will stay under 35 feet need a minimum of 20 feet and a maximum of 30 feet. With Board of Supervisors approval of a final planting layout, trees can instead be clustered at the corner of the property line and right-of-way, so long as the required density is met and site lines and lighting are considered. Trees belong in the tree lawn between the sidewalk and the paved cartway, never in swales or berm areas beside noncurbed streets.

Branching standards protect sight lines. At intersections, foliage must be no closer than 35 feet from the intersection of the street rights-of-way, measured from two feet to six feet above ground. Typical branching must not be within eight feet of ground level after 10 years, and a three-foot clear zone must stay open from three feet to eight feet in height so pedestrians and sidewalks stay clear.

Quality and selection rules follow. Trees must be nursery-grown with a trunk caliper of at least two inches, measured six inches above finish grade, and the Board of Supervisors approves varieties. Suitable species listed include red maple, Autumn Flame, Autumn Purple ash, Summit Ash, Sunburst honeylocust, Littleleaf linden and Green Vase zelkova. Prohibited species include Norway maple, sycamore maple, tree-of-heaven, Empress tree, Callery pear and Siberian elm, and nothing on Pennsylvania's invasive plants list is authorized. Section 29-46E requires a one-year guarantee: if more than 1/3 of a tree dies in that period it is replaced, and the replacement is guaranteed for two planting seasons.

Violations & Fines

Section 29-46 is part of the Part 2 Public and Private Improvements code, so § 29-37 supplies the penalty. A person who fails to remedy a violation recited in a notice of violation within the stated time faces a $300 fine for each violation, and a person who continues work after a stop-work order faces $600 for each violation, as determined by the Magisterial District Judge, plus costs and attorneys' fees. Each day of a continuing violation is a separate offense under § 29-38.

Frequently Asked Questions

How far apart must street trees be in Millcreek Township?
Under § 29-46A, shade trees intended to reach 35 feet or more need a minimum spacing of 30 feet and a maximum of 60 feet. Ornamental trees intended to stay under 35 feet need a minimum of 20 feet and a maximum of 30 feet.
Where do street trees go in the right-of-way?
Section 29-46A(4) says street trees should be located between the sidewalk and the paved cartway in the tree lawn, and trees shall not be placed in swales or berm areas beside noncurbed streets. With Board of Supervisors approval, trees can be clustered at the corner of the property line and right-of-way.
Which trees are prohibited as street trees?
Section 29-46D prohibits, among others, Norway maple, sycamore maple, tree-of-heaven, Empress tree, Callery pear and Siberian elm, with an asterisk on Norway maple and Callery pear marking species whose cultivars are not known to be invasive. No tree on the Pennsylvania DCNR Invasive Plants list is authorized.
How long must a planted street tree be guaranteed?
Section 29-46E(3) requires street trees to be maintained and guaranteed for a minimum of one year after planting. If more than 1/3 of the tree dies during that period, it must be replaced, and the replacement tree must be maintained and guaranteed for a minimum of two planting seasons.

Sources & Official References

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