This chapter shall be known as and may be cited to as the "Easttown
Township Natural Resource Protection Ordinance."
A.
These regulations are intended to protect the rights of the residents
of Easttown Township to enjoy clean air, pure water and the natural,
scenic, historic and aesthetic values of the environment through the
preservation of woodlands, wetlands, aquifers and floodplains, as
set forth in the Pennsylvania Constitution and in other commonwealth
and federal statutes. In particular, it is the Township's purpose,
through this chapter, to conserve the following natural resources:
(1)
Natural resources identified as land or water resource areas, e.g.,
groundwater recharge zones (aquifers), springs, streams, wetlands,
woodlands, prime wildlife habitats and areas constituting high recreational
and other amenity value which exist on developed or undeveloped land.
(2)
Natural resources performing beneficial ambient air quality or microclimate
functions, e.g., by abating glare and noise, entrapping dust and other
particulates and contributing to the reduction of climate stress and
energy costs.
B.
To accomplish this, the ensuing standards are intended to:
(1)
Define and delineate selected natural resources within the Township
and establish resource protection standards to mitigate potential
hazards associated with land use activity.
(2)
Protect natural resources within the Township in accordance with the goals and objectives of the Easttown Township Comprehensive Plan, the Easttown Open Space, Recreation and Environmental Resources Plan, and the applicable provisions of Article VI of the Pennsylvania Municipalities Planning Code, Act 247.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
C.
No such provision of these regulations shall be construed to deny the right of any property owner to use his/her land as may be permitted by the Township's land use codes. Rather, it is the purpose of these regulations to ensure that such uses minimize disturbances to natural resources and that reasonable measures are taken to mitigate any adverse impacts of such uses. Property owners may use their land as permitted in Chapter 455, Zoning, and Chapter 400, Subdivision and Land Development, provided that the regulations herein are also adhered to.
[Amended 6-2-2014 by Ord.
No. 422-14]
The natural resource protection standards set forth in this
chapter shall apply to all land development, site preparation and
site disturbance activities.
A.
All uses shall be developed in a manner consistent with the preservation
of the quality of the existing environment and of any natural amenities
present on the site. Such uses shall provide for the preservation
and proper management of natural drainage systems, minimizing of grading
and removal of scenic vegetation, preservation of woodlands and substantial
stands of trees and the preservation of scenic vistas, historic landscapes
and any other natural resources and features existing on the site.
B.
For the purposes of this chapter, the sections within this chapter
shall be overlays to the underlying districts as shown on the Easttown
Zoning Map,[1] and as such, the provision for each of these sections
shall serve as additional requirements to the underlying zoning district
provisions. In the event that a conflict exists between a section
of this chapter and the underlying district(s), the more restrictive
provision shall apply.
C.
Should the boundaries or delineations of any section of this chapter
be revised as a result of legislative or administrative actions or
judicial decision, the zoning requirements of the underlying zoning
district and other applicable sections of this chapter shall continue
to apply.
In the interpretation and application of this chapter, the provisions
hereof shall be held to be the minimum requirements for the promotion
of the public health, safety and general welfare. Where the provisions
of this chapter impose greater restrictions than those of any other
ordinance or regulation, the provisions of this chapter shall be controlling.
Where the provisions of any statute, other ordinance or regulation
impose greater restrictions than this chapter, the provisions of such
statute, ordinance or regulation shall be controlling.
Unless otherwise expressly stated, the following terms, words
and phrases shall be construed throughout this chapter to have the
meanings herein stated. Applicable regulations stated in conjunction
with these definitions shall be complied with. The singular shall
include the plural, and the plural shall include the singular. The
present or past tense shall include the future tense. The masculine
gender includes the feminine and neuter genders. The word "shall"
and must" are mandatory; the words "may" and "should" are permissive.
The words "used for" shall include "designed for."
Plantings placed along the boundary of a lot and around stormwater
management basins, to diminish and mitigate views of a development
from off site.
[Amended 12-15-2014 by Ord. No. 424-14]
A strip of required yard space adjacent to the boundary of a property or district, not less in width than is designated in Chapter 455, Zoning, which is landscaped for the full width and on which is placed a screen of sufficient density not to be seen through and of sufficient height to constitute an effective screen and give maximum protection and immediate visual screening to an abutting property or district. The required screen shall be permanently maintained and shall constitute a planting of dense evergreen trees or a compact evergreen hedge or, where specifically designated in this chapter, an appropriate wall, fence, suitable planting or combination thereof. All planting shall comply with the provisions of this chapter.
Plantings placed between incompatible land uses or zoning
districts to obscure views of the adjacent property or use.
The diameter of a tree trunk measured at a point six inches
above the ground for trees up to and including four inches in caliper
size. For trees of larger-size caliper, the measurement is taken 12
inches above the ground level.
The complete removal of all trees on a site, or any portion
thereof, greater than 0.5 acre in contiguous area, during a single
timber harvesting operation or within a three-year period.
The planned management of a natural resource to prevent its
exploitation, destruction or neglect.
The diameter of a tree trunk measured at a point 4.5 feet
from the ground surface at the point of the highest elevation in contact
with the trunk of such tree.
The movement of water from an area by stream or sheet flow
and removal of excess water from soil by downward flow.
The line on the ground marking the outer edges of the branches
of a tree.[1]
The management of forests and timberlands when practiced
in accordance with accepted silvicultural principles, through developing,
cultivating, harvesting, transporting and selling of trees for profit,
which does not involve any land development, specifically the uprooting
or removal of more than four trees of greater then six inches dbh
per acre from any lot which has a gross area of more than three acres,
and, when required, is undertaken in compliance with an approved timber
management plan. "Forestry," as defined by the Municipalities Planning
Code, as amended,[2] shall be considered a timber harvesting operation and
shall require the submittal and approval of a timber management plan.
Timber harvesting does not include the clearing of land for approved
construction or the creation or maintenance of approved roads.
A linear plant community dominated by trees and/or shrubs.
Hedgerows often occur along roads, fence lines, property lines or
between fields and may occur naturally or be specially planted (e.g.,
as a windbreak). For the purposes of this chapter, hedgerows are considered
woodlands and regulated as such, regardless of area or tree size.
A soil that is saturated, flooded, or ponded long enough
during the growing season to develop anaerobic conditions that favor
the growth and regeneration of wetlands vegetation. For the purposes
of this chapter, "hydric soil" includes any soil inventoried or described
as hydric according to the Soil Survey of Chester and Delaware Counties,
Pennsylvania (Soil Survey), or other information provided by the United
States Natural Resources Conservation Service (NRCS). In Easttown
Township, hydric soils shall include but are not limited to Wehadkee
silt loam (We), Worsham silt loam (Wo), and Chewacla silt loam (Ch).
Land that is occupied by principal and accessory structures,
buildings, streets, extended roofs, eves, overhangs, asphalt, concrete,
driveways, parking areas, grass pavers, pervious paving, and other
man-made cover that prohibit or slow the percolation and infiltration
of water into the soils.
Predominantly nonnative, nonindigenous, alien tree, shrub,
vine, or herbaceous species that grow or reproduce aggressively, usually
because they have no natural predators, and which can so dominate
an ecosystem that they kill off or drive out many indigenous plant
species. Invasive trees, shrubs, vines, or herbaceous species include
but are not limited to Norway maple (acer platanoides), tree of heaven
(ailanthus altissima), paper mulberry (broussonetia papyrifera), white
mulberry (morus alba), empress tree (paulownia tomentosa), white poplar
(populus alba), multiflora rose (rosa multiflora), Japanese barberry
(berberis thunbergii), European barberry (berberis vulgaris), autumn
olive (elaeagnus umbrella), border privet (ligustrum obtusifolium),
common privet (ligustrum vulgare), morrow's honeysuckle (lonicera
morrowii), tatarian honeysuckle (lonicera tatarica), Japanese honeysuckle
(lonicera japonica), common buckthorn (rhamnus cathartica), wineberry
(rubus phoenicolasius), Japanese spiraea (spiraea japonica), linden
viburnum (viburnum dilatatum), guelder rose (viburnum opulus), oriental
bittersweet (celastrus orbiculatus), leatherleaf clematis (clematis
terniflora), mile-a-minute weed (polygonum perfoliatum), kudzu (pueraria
lobata), garlic mustard (alliaria petiolata), Canada thistle (cirsium
arvense), crown vetch (coronilla varia), tall fescue (festuca elatior),
purple loosestrife (lythrum salicaria), sweet clover (melilotus officinalis),
Japanese stiltgrass (microstegium vimineum), reed canarygrass (phalaris
arundinacea), and johnsongrass (sorghum halepense).
Natural or artificial bodies of water which retain water
year-round. Artificial bodies of water may be created by dams or result
from excavation. Lakes are bodies of water two or more acres in area.
Ponds are bodies of water less than two acres in area.
A construction or other human activity which disturbs the
surface of land, including, but not limited to, clearing, grubbing,
grading, excavations, embankments, land development, agricultural
plowing or tilling, timber harvesting activities, road maintenance
activities, mineral extraction, and the moving, depositing, stockpiling,
or storing of soil, rock, or earth materials.
A landscape architect registered in the Commonwealth of Pennsylvania
or any other state having a reciprocal registration agreement with
Pennsylvania.
Any action taken to lessen the specified undesirable impacts
of a proposed land use or land disturbance activity, including those
which would adversely affect the health or longevity of a natural
feature, pose a visual intrusion or conflict or otherwise be deemed
incompatible with surrounding properties.
A component of a landscape existing or maintained as a part
of the natural environment and having ecological value. Such resources
include those which, if disturbed, may cause hazards or stress to
life, property and the natural environment. For the purposes of this
chapter, natural resources shall include but not be limited to wetlands,
floodplain, steep slopes, and woodlands.
An area of land and/or water, substantially free of structures
and paved areas, permanently restricted for common enjoyment and recreational
use by residents of a development and possibly the general public,
but not including individually owned private yards.
The restocking of an area with forest trees, including natural
regeneration as well as by tree planting.
An area surrounding a watercourse, floodplain or wetland,
containing trees and other vegetation, that intercepts surface water
runoff, wastewater, subsurface flow, and/or deep groundwater flows
from upland sources and functions to remove or buffer the effects
of associated nutrients, sediment, organic matter, pesticides, or
other pollutants prior to entry into surface waters. This transition
area between aquatic and terrestrial environments may also provide
wildlife habitat, control water temperature, attenuate flood flow,
and provide opportunities for passive recreation.
The total area encompassing the riparian buffer and the natural
resources the buffer protects, which may include watercourses, ponds
and lakes, wetlands, and floodplains.
[Amended 6-2-2014 by Ord.
No. 422-14]
Periodic cutting, killing and/or removal of entire plants
or portions of plants, which may include lawn mowing, weed and vine
control, the removal of invasive plants and the removal of dead trees
or limbs.
The removal of single, scattered, mature trees or other trees
from unevenly aged tree stands to preserve and enhance healthy woodlands.
Any healthy tree with a trunk diameter of 36 inches and greater
dbh.
Those areas of land, whether natural or man-made, where the
average grade is 15% or greater. For the purposes of this chapter,
slopes shall be divided into the following two categories:
MODERATELY STEEP SLOPESThose areas of land where the grade is 15% to 24.9%.
[Amended 6-2-2014 by Ord.
No. 422-14]
VERY STEEP SLOPESThose areas of land where the grade is 25% or greater.
A description, by means of text and maps, of proposed actions
involving the removal of trees from a lotuch plan shall have been
prepared by a Pennsylvania-certified forester with demonstrable expertise
in forest management and shall document specific measures to be taken
to control erosion and sedimentation; protect water quality; minimize
impacts from skid timber and logging roads, land areas, and the tree
removal process; and ensure site restoration. A timber harvesting
plan shall include the minimum contents requirements (Section 5) and
be consistent with the minimum forest practices (Section 6) of the
Pennsylvania Model Forestry Regulations published by the Penn State
School of Forest Resources. (Note: A copy of the model regulations
can be obtained at the Township office.)
[Amended 12-15-2014 by Ord. No. 424-14]
An area surrounding a tree or tree mass in which no construction,
construction activity or other disturbance shall take place. The tree
protection zone shall be measured from the outermost dripline of any
tree or all the trees in a tree mass, tree line or hedgerow.
Any single- or multi-stemmed woody plant which typically
achieves a mature height of between 10 feet and 30 feet and is usually
found growing beneath larger canopy trees in its natural habitat.
A stream, creek, run, or other body of running water with
a defined bed and banks in which water flows in a definite direction
or course, whether natural or artificial, with perennial or intermittent
flow, as depicted on the most current USGS Quadrangle Map, or more
accurate information, as available. Field verification to determine
evidence and location of natural channelized flow may be required
for specific determinations. The removal of, or alteration to, existing
man-made swimming pools, fish ponds, or other decorative pools or
water features that are disconnected from the waterway and wholly
contained to the lot shall not be regulated by the Easttown Township
Natural Resource Protection Ordinance.
[Amended 10-16-2023 by Ord. No. 458-23]
Those areas that are inundated and saturated by surface water
or groundwater at a frequency and duration sufficient to support,
and that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, including
swamps, marshes, bogs, and similar areas. Any area meeting the official
"wetland" definition of the United States Army Corps of Engineers,
the United States Environmental Protection Agency, or the Pennsylvania
Department of Environmental Protection shall be considered a wetland
for the purposes of this chapter. In the event the definition of a
"wetland" conflicts between any of these agencies, the more restrictive
definition shall apply.
A community of plants that provide food, water, cover, nesting
and foraging or feeding conditions necessary to maintain population
of animals.
Any building lot having more than one viable tree, six inches
or greater in diameter dbh, per 1,500 square feet of gross lot area,
exclusive of street right-of-way. For the purpose of calculating "wooded
lot," each viable tree six inches or greater in diameter dbh located
with street rights-of-way or on lot lines are to be counted as one.
[Amended 9-21-2009 by Ord. No. 391-09; 12-15-2014 by Ord. No. 424-14]
A plant community, of 0.25 acre or larger in area, well-stocked
and comprised predominantly of healthy trees, six inches and greater
in diameter dbh, and other woody vegetation, growing more or less
closely together, the branches of which form a complete or nearly
complete aerial canopy. For the purposes of this chapter, the extent
of any woodland shall be measured from the dripline of the outer trees.
Woodlands do not include orchards, commercial nurseries, Christmas
tree farms, or old fields, where more than 75% of the trees are smaller
than six inches dbh.
Any activity which alters the existing structure of a woodland
or hedgerow; disturbances include the cutting or removal of canopy
trees, subcanopy trees, understory shrubs and vines, woody and herbaceous
woodland floor species. "Woodland disturbance" also includes any activity
which constitutes a land disturbance (exposes soils, alters topography,
destroys habitat) within a woodland or hedgerow. "Woodland disturbance"
does not include the selective cutting of trees or removal of invasive
plant species.
