To ensure compliance with the natural resource protection standards of this chapter, the following information shall be submitted by the applicant when land disturbance of a protected natural resource is contemplated in conjunction with a zoning or building permit, conditional use or special exception approval, zoning variance, or subdivision and land development approval. When applicable, such information shall be included with a preliminary plan application, as required in Chapter 400, Subdivision and Land Development.
A.
In addition to the requirements of § 400-24 of Chapter 400, Subdivision and Land Development, the conservation plan shall be provided with preliminary and final plan submissions and shall include the following information:
(1)
The limits of each of the natural resources on the site, including
one-hundred-year floodplains, wetlands, watercourses, soil types,
existing vegetation and woodlands, steep slopes, and other significant
natural or man-made features within the site and at least 100 feet
beyond its boundaries.
(2)
The name of the watershed and the water quality designation of the
watershed in which the site is located.
(3)
Riparian buffer zones and tree protection zones, if applicable.
(4)
Land uses and zoning of adjacent properties.
(5)
The proposed use of the site, including any existing or proposed
structures, designations of historic resources, and existing and proposed
easements and deed restrictions.
(6)
All encroachments and disturbances necessary to establish the proposed
use on the site.
(7)
On-site sewage disposal systems and reserve areas.
B.
Land disturbance activities which propose less than 2,000 square feet of impervious area or less than 5,000 square feet of land disturbance are not required to submit formal plans to the Township. However, plans shall be submitted in accordance with § 274-7.
C.
Calculations indicating the area of the site with natural resources
and the amount of post-development natural resource protection. The
calculation shall be shown on the plan as indicated in Figure 1; calculations
indicating the area of the site with natural resources and the area
of natural resources that would be disturbed or encroached upon.[1]
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Figure 1: Site Disturbance Calculations
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|---|---|---|---|---|---|---|
|
Protected Resource
|
A
Area of Protected Resource*
(square feet)
|
B
Maximum Disturbance Allowance**
(percent)
|
C
Maximum Amount of Permitted Disturbance
(square feet)
|
D
Proposed Disturbance
(square feet)
| ||
|
Floodplain
|
0%
| |||||
|
Wetlands
|
0%
| |||||
|
Watercourses
|
0%
| |||||
|
Riparian buffer
|
0%
| |||||
|
Steep slopes:
| ||||||
|
15% to 24.9%
|
50%
| |||||
|
Greater than 25%
|
15%
| |||||
|
NOTES:
| ||
|
*
|
Where resources overlap, the overlapping area should be included
under the more restrictive resource category (i.e., where woodlands
overlap with wetlands, include the area of overlap in the wetlands
category).
| |
|
**
|
Disturbance allowances may be modified where federal or state
permits have been obtained by the applicant and provided to the Township.
| |
D.
General provisions.
(1)
In the event that two or more natural resource areas identified in
this section overlap, the resource with the most restrictive standard
shall apply to the area of overlap.
(2)
It shall be a violation of this chapter to regrade, fill, pipe, channel,
divert, build upon or otherwise alter a natural resource protected
by this section prior to the submission and approval of an application
for a zoning permit, building permit, conditional use, special exception,
zoning variance, or subdivision or land development plan.
(3)
Where disturbance of a natural resource is permitted, it shall not
take place until it has been determined that such disturbance is consistent
with the provisions of this section and other applicable provisions
of this chapter.
(4)
Restrictions to disturbance of resources shall apply whether or not
construction is proposed on a site and, where proposed, before, during,
and after the construction takes place.
(5)
Plan information required by this article shall be verified as complete
by the Township Engineer or other qualified professional as determined
by the Township.
(6)
All land uses shall be located on soils in or upon which the proposed
uses or structures can be established or maintained without causing
adverse environmental impacts, including severe erosion, mass soil
movement, and water pollution, whether during or after construction.
Land disturbance activities which propose less than 2,000 square
feet of impervious surface area or less than 5,000 square feet of
total land disturbance are subject to full compliance with the resource
protection standards of this chapter, however, may provide less plan
information.
A.
Applications for minor site disturbance activities shall include
a plan of the area and notes providing the following information:
(1)
Where less than the entire site is to be shown on the plan, the application
shall be accompanied by a written explanation from the applicant as
to why it is not necessary to include the entire site with the plan
information.
(2)
The total area of the site or lot, even if the boundaries are not
shown on the plan.
(3)
Proposed changes in elevation relative to existing topographic contours.
(4)
Any protected resources (streams, floodplains, steep slopes and trees)
lying within 50 feet of the proposed land disturbance, along with
information necessary to adequately demonstrate compliance with the
natural resource protection standards of this chapter.
(5)
If a riparian buffer zone lies within 50 feet of the proposed land disturbance, it shall be protected and planted in accordance with Article V; however, a riparian buffer zone management plan shall not be required.
(6)
Information about existing vegetation and potential tree disturbance
or removal, including the following:
(a)
If the proposed land disturbance is within 25 feet of a woodland
area or hedgerow, the edge of the tree canopy shall be shown, along
with an approximation of the total wooded area of the site.
(b)
If the proposed land disturbance is within 25 feet of a tree
that is six inches or greater dbh, a calculation must be provided
indicating whether the site is a wooded lot, as defined.
(c)
If the proposed land disturbance necessitates the removal of
trees, or encroaches upon the tree protection zone, the size, species
and location of the affected trees shall be provided.
To ensure the continued protection of identified natural resources,
the following requirements shall apply:
A.
Protected resources on individual lots.
(1)
For natural resource protection areas on individual lots, restrictions
meeting Township specifications shall be placed in the deeds for each
site or lot that has natural resource protection areas within its
boundaries. It shall be clearly stated in the individual deeds that
the maintenance responsibility lies with the individual property owner.
The restrictions shall provide for the continuance of the resource
protection areas in accordance with the provisions of this chapter.
(2)
Other mechanisms for ensuring the continued protection of identified
resources, such as conservation easements, may also be considered
and used if approved by the Township.
B.
Protected resource areas held in common. For natural resource protection areas held in common, the applicable provisions of § 400-62 of Chapter 400, Subdivision and Land Development, shall apply. In addition to the provisions of § 400-62, restrictions meeting Township specifications shall be placed on the natural area to be held in common. The party or organization responsible for the maintenance of the natural area shall be clearly identified in the deed. The restrictions shall provide for the continuance of the natural resource protection areas in accordance with the provisions of this chapter. In addition, restrictions on protected areas shall be included in the development's declaration of covenants, easements, or restrictions or similar documents regulating the use of property and setting forth methods for maintaining open space. A copy of such documents shall be provided to the Township in a form acceptable to the Solicitor.[1]
C.
Changes to approved plans. All applicable plans and deeds shall include the following wording: "Any structures, infrastructure, utilities, sewage disposal systems, or other proposed land disturbance indicated on the approved final plan shall only occur at the locations shown on the plan. Changes to such locations shall be subject to additional review and reapproval and shall be consistent with the natural resource protection standards of Chapter 274 of the Easttown Township Code."
[Amended 6-2-2014 by Ord.
No. 422-14]
