A.
Buffer areas, as defined in Article II and required in various districts, shall be adjacent to a property boundary.
B.
Buffer areas shall be landscaped and maintained in accordance with § 135-161 with a buffer planting strip which forms a continuous visual buffer. In the event the buffer planting strip does not provide a continuous visual buffer due to site topography and visibility conditions, the required plantings shall be placed upon a berm to elevate their effectiveness.
C.
All plantings shall be installed and maintained for
the full width required in a particular district, except that certain
structures may be placed within the buffer area, including:
(1)
The required landscape treatment such as berms,
fences, or walls which aid in screening and do not conflict with the
character of adjoining properties or block the clear sight distance
required at intersections.
(2)
Appurtenant landscaping structures, such as
tree wells, tree guards and tree grates, and retaining walls used
to preserve stands of existing trees or used for other functional
purposes.
(3)
Roads and/or driveways which provide direct
ingress/egress for the tract, including appurtenant structures within
such road rights-of-way such as curbs, sidewalks, and signs, which
shall be landscaped in accordance with the requirements of this chapter.
(4)
Underground utilities.
(5)
No structures other than those set forth in this Subsection C shall be placed within a buffer area, and no parking of any kind shall be permitted within the required buffer area.
(6)
All existing deciduous and evergreen trees above
two inches in caliper and/or six feet in height shall be preserved
in the buffer areas, except where clearance is required to insure
sight distance.
A.
All required landscaping shall be installed and maintained
in accordance with a landscaping plan approved by the Board of Supervisors.
A landscaping plan shall depict all proposed plantings as required
within buffer areas in the form of a buffer planting strip, and in
other landscaped areas which relate to, complement, screen or accentuate
buildings, roads, parking areas, sidewalks, walkways, sitting areas,
service or maintenance structures, courtyards, and other site features.
B.
The landscaping plan shall be submitted at the time
when all other required applications and/or plans are submitted. It
shall be based on and reflect the following:
(1)
The functional and aesthetic factors which relate
to the tract, and to the principal and accessory buildings and other
structures.
(2)
Concealing views to the tract.
(3)
Enhancing views from and within the tract.
(4)
Screening and complementing proposed buildings
and other structures.
(5)
Creating visual interest for the users and/or
residents of the proposed project.
(6)
Using plant materials which are hardy and acclimated
to the conditions at the tract and within the Township.
C.
The landscaping plan shall include notes, diagrams,
sketches, or other depictions to present the consideration and analysis
of the following:
(1)
An analysis of the site in terms of the existing
views to and from the areas which are proposed for development; existing
topography and vegetation conditions; and other existing conditions
which are relevant to the site.
(2)
An analysis of proposed planting and other landscaping
needs as related to screening views of buildings; screening buildings
and sections of buildings; screening parking areas and other areas
where vehicles are parked; screening storage areas; screening site
utilities; and other appropriate types of screening.
(3)
The consideration of locations where plantings
and other landscaping is needed to provide visual interest; define
outdoor spaces; complement the proposed architectural style; and achieve
other functional and aesthetic requirements for buffer areas, buffer
planting strips, and other landscaped areas.
(4)
The intent to preserve existing trees wherever
possible. The protection of trees 12 inches or more in caliper (measured
at a height 4 1/2 feet above the original grade) shall be demonstrated
as a factor for determining the location of buildings, open space,
structures, underground utilities, walks, paved areas and other structures.
Areas in which trees are to be preserved shall remain at original
grade level and in an undisturbed condition.
D.
A preliminary and final landscaping plan shall reflect
the following detailed criteria, unless more specific criteria are
provided for in other articles of this chapter:
(1)
Buffer planting strips shall be installed and
maintained in the buffer areas at the width required in this chapter
to form a continuous visual buffer. In addition to ground covers and
evergreen shrubs, the buffer planting strip shall be comprised of
evergreen trees (such as spruce, pine or hemlock) which are a minimum
of eight feet in height at the time of planting and shall be spaced
in two alternating rows on ten-foot centers. The combined evergreen
shrub and tree plantings shall constitute a continuous visual screen
at the time of occupancy of any buildings, and/or at the time of initiation
of any use. In the event such plantings do not provide a continuous
visual buffer, the plantings shall be placed upon a berm at a height
from three feet to five feet to elevate their effectiveness.
(2)
Shade trees shall be provided along all streets
and shall be located at least three feet beyond the right-of-way line.
No less than one three-and-one-half- to four-inch-caliper tree shall
be planted for each 30 feet of roadway length. Such trees shall be
planted in alternating rows whereby trees on one side of the street
are placed at intervals of 60 feet. However, such trees may be grouped
in certain cases to achieve a particular design objective when approved
by the Board of Supervisors.
(3)
The outer perimeter of all parking areas shall
be screened. Effective screens may be accomplished through the use
of plant materials, fencing or walls and/or mounding through the use
of earthen berms.
(5)
All buildings in the B, B-1, POC, PBC, PBC-1,
LI, R-A, R-M and PRD districts shall be landscaped in accordance with
the following criteria:
(a)
A combination of evergreen and deciduous trees
and shrubs shall be used as "foundation" plantings, i.e., plantings
to be installed in reasonably close proximity to the facades.
(b)
At least one three-and-one-half- to four-inch-caliper
specimen deciduous tree shall be planted for every fifty-foot length
of building facade measured from end to end of buildings, without
regard to indentations and the like in the buildings, facades, and
excluding any enclosed walkway connectors and elevator cores, such
trees to be a minimum of 11 feet to 13 feet in height at the time
of planting; and one eight- to ten-foot specimen evergreen tree shall
be planted for every 50 feet of length of building facade.
(c)
Five evergreen and/or deciduous shrubs shall
be planted for every 20 feet of length of building facade.
(d)
Trees and shrubs shall be grouped in accordance
with specific needs and objectives.
(6)
Other landscaping, including trees, shrubs and
ground covers, shall be provided along walkways, in courtyards, around
sitting areas, at the entrance to the site and in other highly visible
locations, especially on the outer side of any internal access roads
which are visible from a public street which may adjoin a tract, at
the entrance to buildings, and around structures used for service,
storage or maintenance purposes.
(7)
The location, type, size, height and other characteristics
of landscaping shall be subject to the review and approval of the
Board of Supervisors.
(8)
Shrubs shall not be placed closer than three
feet from any property line, and trees shall not be closer than six
feet.
E.
The preliminary landscaping plan shall be drawn at
a scale of at least one inch equals 50 feet. It shall be totally coordinated
with the overall site plan and shall contain the following:
(1)
A delineation of existing and proposed plant
materials.
(2)
A delineation of other landscaping features
such as berms, planting beds to be used for herbaceous plants, areas
to be devoted to lawns, and other elements of the proposed improvements
such as fences, walls, berms, retaining walls, lighting, benches,
signs, paving, stone, tree wells and the like.
(3)
One plan view color-rendering of the preliminary
landscaping plan shall be submitted for review by the Township, in
addition to the number of prints which are otherwise required. The
color-rendering shall reflect total coordination with the overall
site plan in terms of its relationship to proposed buildings, roads,
parking areas, walks walls, fencing, benches, signs, lighting and
other like structures.
F.
A final landscaping plan shall be submitted after
the Township has reviewed the preliminary landscaping plan and submitted
comments on the plan to the applicant. The final landscaping plan
shall be drawn at a scale of at least one inch equals 30 feet. It
shall be totally coordinated with the overall site plan and shall
contain the following:
(1)
A final version of all of the plan requirements stated in Subsection C above, for a preliminary plan.
(2)
A plant list wherein the botanical and common
name of proposed plants are tabulated, along with the quantity, caliper,
height, and other characteristics.
(3)
Details for the planting and staking of trees,
the planting of shrubs, and any other details which depict other related
installation.
(4)
Information in the form of notes or specifications
concerning planting beds to be used for herbaceous plants, areas to
be devoted to lawns, and the like. Such information shall convey the
proposals for seeding, sodding, mulching and the like.
(5)
A cost estimate for the landscaping installations
shall be submitted with the final landscaping plan. The costs shall
serve as the basis for establishing an escrow account for the landscaping
improvements.
(6)
Information regarding the continued maintenance
of all plantings, and notes indicating that all plantings will be
installed, maintained, and replaced within six months if dead or diseased,
in locations as shown on the approved landscaping plan.
G.
Plant characteristics and maintenance.
(1)
All plants shall conform with the standards
for nursery stock of the American Association of Nurserymen.
(2)
Trees and shrubs shall be typical of their species
and variety and have normal growth habits; well developed, densely
foliated branches; and vigorous, fibrous root systems.
(3)
Trees and shrubs shall be free from defects
and injuries and certified by appropriate federal and state authorities
to be free from diseases and insect infestations.
(4)
Trees and shrubs shall be freshly dug and nursery
grown. They shall have been grown under climatic conditions similar
to those in the locality of the project or properly acclimated to
conditions of the locality of the project.
(5)
Any tree or shrub which dies shall be replaced.
Any tree or shrub which is deemed, in the opinion of the Township,
not to have survived or grown in a manner characteristic of its type
shall be replaced. Substitutions for certain species of plants may
only be made when approved by the Board of Supervisors.
(6)
It shall be the responsibility of the landowners,
tenants and/or other occupants of the premises to adequately and properly
maintain the landscaped areas, which responsibility shall include
watering, cleaning of weeds and debris, pruning and trimming, replacement
of dead or diseased plantings, and fertilizing to maintain healthy
growth.
(7)
The branching of all trees along the right-of-way
of any property shall be kept trimmed nine feet above any sidewalk
and 11 feet above all streets.
(8)
All shrubs and other growth abutting the sidewalks
shall be kept cut back 12 inches from the edge of the sidewalks.
(9)
Existing trees and shrubs at the corner of an
intersection and/or driveways shall be cut to the height of 24 inches
from point of intersection of corner property lines back 25 feet to
avoid blocking sight distance to oncoming traffic; and shrubs or ground
covers to be planted shall be of the dwarf variety and shall not exceed
24 inches in height at maturity.
H.
The landscape plans shall be prepared by a landscape
architect or other allied professional who is deemed to be qualified
as determined by the Board of Supervisors.
A.
It is the intent of these regulations to prevent land
or buildings, including those permitted by right or by conditional
use or special exception, from being used or occupied in any manner
so as to create any dangerous, injurious, noxious or otherwise objectionable
condition, such as fire, explosion, or other hazards; vibration; glare
or heat; surface water pollution and groundwater contamination; traffic
congestion; or soil erosion and sedimentation. All uses shall operate
in conformance with the environmental controls set forth herein, and
relevant statues, codes, rules and other regulations of the United
States government, the Commonwealth of Pennsylvania, Delaware County,
and governmental, quasi-governmental, and governmentally regulated
bodies, companies, and authority entities. The most stringent regulation
applicable shall be used.
B.
All plans for proposed development in the Township shall illustrate, depict, note, or otherwise demonstrate compliance with this section and in accordance with the requirements of Chapter 110, Subdivision and Land Development.
C.
Vibration control. Operating or permitting the operation
of any device that creates vibration which is above the vibration
perception threshold of an individual at or beyond the property boundary
of the source if on private property or at 50 feet from the source
if on a public space or public right-of-way shall be prohibited. For
the purposes of this section, "vibration perception threshold" means
the minimum ground- or structure-borne vibrational motion necessary
to cause a normal person to be aware of the vibration by such direct
means as, but not limited to, sensation by touch or visual observation
of moving objects.
D.
Storage control.
(1)
No flammable, highly volatile or explosive liquids,
solids, or gases shall be stored in bulk above the ground, except
that tanks or drums of fuel directly connecting with energy devices,
heating devices, or appliances located and operated on the same lot
as the tanks or drums of fuel may be stored above ground, provided
that such tanks or drums are not more than 2,000 gallons. All such
tanks or drums shall be painted or otherwise coated white or other
heat reflective color. All federal, state and local laws shall be
met.
(2)
All outdoor storage facilities for fuel, raw materials, and products stored outdoors, including those permitted in Subsection D(1) above, shall be enclosed by a fence of a type, construction and size and shall be adequate to protect and conceal the facilities from any adjacent properties. Fencing shall not only encompass the question of safety but also constitute a contiguous visual buffer. All federal, state and local laws shall be met.
(3)
No materials or wastes shall be deposited upon
a lot in such form or manner that they may be transported off by any
causes or forces of nature, nor shall any substance which can contaminate
a stream or other watercourse or otherwise render such stream or other
watercourse undesirable as a source of water supply or recreation,
or which will destroy or otherwise harm aquatic life, be allowed to
enter any stream or other watercourse or cause or contribute to a
violation of federal, state or local law.
(4)
No materials or wastes shall be deposited upon
a lot in such form or manner that they may be transported off by any
causes or forces of nature, to damage, destroy or create hazards or
contamination to humans, terrestrial wildlife, soil and/or vegetation.
(5)
Underground storage of flammable, combustible,
explosive or other hazardous substances or materials, and the construction
or installation of tanks and other receptacles therefor, shall be
in accordance with the Fire Prevention Code[1] and subject to the approval of the Fire Marshal to the
extent such approval is not preempted by federal or state law. Any
such approval, if given, may be given subject to such conditions as
the Board of Supervisors deems necessary to protect the public health,
welfare and safety.
(6)
All materials or wastes which cause or are reasonably
likely to cause fumes, odors or dust, or which constitute a fire hazard,
or which may be edible or otherwise attractive to rodents or insects,
shall be stored outdoors only if enclosed in containers adequate to
eliminate such hazards. All federal, state and local laws shall be
met.
E.
Glare and heat control. Direct or sky-reflected glare,
whether from spotlights, floodlights or from high-temperature processes
such as combustion or welding or from other sources, so as to be visible
at the lot line of the receiving land use, shall be prohibited. There
shall be no emission or transmission of heat or heated air so as to
be discernible at the lot line of the receiving land use.
F.
Fire and explosion control. All activities and all
storage of flammable and explosive materials at any point within a
lot shall be provided with adequate safety and fire-fighting devices
in accordance with the International Building Code and International
Fire Code[2] in effect at the time such activity or storage is occurring.
In addition, there shall be no open burning within any R-A, R-M, PRD,
B, B-1, POC, PBC or PBC-1 district.
G.
Traffic control.
(1)
No activity shall occur which would adversely
affect traffic flow and/or present traffic controls within the Township
by creating a level of service below that which is specified in this
subsection.
(2)
To minimize potential adverse conditions, the
level of service for traffic along any portion of a road which leads
to the points of ingress and egress of a tract or other proposed property
shall be a level of service "C" or better. The term "level of service"
and the categories thereof are used herein in accordance with the
definitions or meanings ascribed thereto in the document entitled
"Trip Generation, An Institute of Transportation Engineers Informational
Report, Second Edition, 1979," or the edition in use at the time a
development or other building application is made.
(3)
The determination of levels of service shall be made after an experienced transportation engineer/traffic consultant conducts a traffic study, the cost of which shall be borne by the owner of the tract or other property owner. Said study shall be based in part on the aforementioned report, and in part on the Pennsylvania Department of Transportation Handbook of Vehicle Code Regulations, in particular the following chapters: 471 to 610, pertaining to engineering and traffic studies; 471 to 611, pertaining to maintenance and protection of traffic; and 471 to 615, pertaining to official traffic control devices. Said study shall indicate compliance with the requirement for a level of service "C" or better as set forth in Subsection G(2), above, and shall include the data upon which the conclusions of said study are based, including, without limitation, traffic counts, the hours thereof, the dates thereof, and the types of motor vehicles comprising such counts.
(4)
All streets and/or intersections showing a level
of service below "C" shall be considered deficient, and specific recommendations
for the elimination of these problems shall be listed. This listing
of recommended improvements shall include, but not be limited to,
the following elements: internal circulation design, site access location
and design, external street and intersection design and improvements,
and traffic signal installation and operation, including signal timing.
H.
Soil erosion, sedimentation and grading control. No construction or development activity shall occur unless in strict compliance with Chapter 110, Subdivision and Land Development, of the Code of the Township of Chadds Ford. Such reference is made to call particular attention to the controls which shall be exercised when clearing trees and other vegetation, or otherwise changing or altering the land form.
I.
Sewage disposal control. A one-hundred-percent replacement
area shall be provided for any community on-lot or on-site disposal
system or any sand mound system. Such replacement area shall serve
as an absorption area as necessary.
