[Added 9-5-2012 by Ord. No. 2012-02]
The standards of this overlay district have been established
to protect the public health, safety, and welfare by minimizing adverse
environmental impacts. These standards are intended to meet the following
purposes:
A.
Define and delineate selected natural resources within the Township
and establish resource protection standards to mitigate potential
conflicts associated with land use activity.
B.
Protect and conserve the natural resources that are an integral component
of the Township's character in accordance with the following specific
objectives of the Schuylkill Township Open Space, Recreation, and
Environmental Resources Plan (1992):
C.
Protect and conserve the natural resources identified in § 370-223A(2) that are an integral component of the Township's character in accordance with the Schuylkill Township Comprehensive Plan, the Schuylkill Township Comprehensive Plan Addendum: 2005, and the Phoenixville Area Regional Comprehensive Plan.
A.
General provisions and applicability.
(1)
The provisions of this article shall overlay and supplement
the provisions of all underlying zoning districts. In the event of
a conflict between the provisions in this article and provisions elsewhere
in this chapter, the more restrictive provisions shall apply.
(2)
(3)
Information provided by the applicant shall be reviewed by the
Township Engineer for conformance with Schuylkill Township ordinances
and building permit requirements.
(4)
Disturbance of a natural resource shall be limited as described
herein.
(5)
Temporary disturbance to protected natural resources related
to the installation or maintenance of utility lines, or the routine
maintenance of transportation infrastructure (including driveways),
shall be allowed; provided, however, that:
(a)
The disturbed area and the duration of exposure shall be kept
to a practical minimum and any disturbed soil shall be stabilized
as quickly as practical;
(b)
Proper stormwater management and erosion controls shall be implemented;
(c)
The proposed activity shall not substantially alter the character
of the protected natural resource; and
(d)
There shall be no new impervious surface or change in elevation.
(6)
Except for § 370-223A(5) above, any regrading, filling, piping, diverting, building upon or otherwise altering or disturbing a natural resource protected by this article requires Township approval as described herein.
(8)
In the event that two or more natural resource areas overlap,
the resource with the most restrictive standard (e.g., the least amount
of alteration, regrading, clearing, or building) shall apply to the
area of overlap.
B.
Floodplains.
(1)
Purpose.
The purpose of this subsection is to provide protection to floodplains
in order to prevent the loss of property and life, the creation of
health and safety hazards, and the disruption of commerce and governmental
services, as a result of floodwaters.
C.
Steep slopes.
(1)
Purpose.
The purpose of this subsection is to ensure preservation of the natural
character of the landscape as it relates to steep slopes.
(2)
Prohibited features. There shall be no erection of buildings
or streets on steep slopes.
(3)
Resource protection standards. The disturbance of steep slope
areas shall not exceed the following allowances on a per-parcel basis:
(a)
Intermediate steep slopes. No more than 20% of intermediate
steep slopes shall be regraded, cleared, built upon, or otherwise
altered or disturbed. The maximum impervious surface coverage of such
areas shall be the lesser of 1,000 square feet or 5% of intermediate
steep slopes.
(b)
Elevated steep slopes. No more than 10% of elevated steep slopes
shall be regraded, cleared, built upon, or otherwise altered or disturbed.
The maximum impervious surface coverage of such area shall be the
lesser of 500 square feet or 2% of elevated step slopes.
(c)
Disturbance shall entail the least alteration necessary to the
existing grade and natural soil conditions.
(d)
Finished slopes of all permitted cut and fill within steep slopes
shall not exceed 3H:1V slopes, except where a retaining wall is provided.
(e)
Any disturbance of land shall be in conformance with the erosion
and sedimentation control standards of the Pennsylvania Department
of Environmental Protection (PADEP), the Chester County Conservation
District (CCCD), and Schuylkill Township.
(f)
Upon completion or temporary cessation of any earth disturbance
activity, the disturbed area(s) shall be immediately stabilized with
the appropriate temporary or permanent stabilization.
D.
Watercourses and riparian buffers.
(1)
Purpose. The purpose of this subsection is to provide protection
to watercourses and to their riparian buffers. Maintenance of a riparian
buffer provides the following benefits:
(a)
Reduces the amount of nutrients, sediment, pesticides, and other
harmful substances that reach a watercourse, thereby preserving and
improving water quality.
(b)
Provides for shading of the aquatic environment to moderate
temperatures and protect fish habitat.
(c)
Provides organic matter which provides food and habitat for
bottom dwelling organisms essential to the food chain.
(d)
Increases streambank stability and reduces streambank erosion
and sediment production.
(e)
Conserves important natural features (e.g., headwater areas,
groundwater recharge zones, streams, and prime wildlife habitat).
(f)
Conserves natural, scenic, and recreation areas and promotes
the functioning of greenways.
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Figure 370-1 - Riparian Buffer
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(2)
Delineation. Applications per § 370-223A(7) shall identify watercourses and riparian buffers which are on the site in accordance with this article.
(3)
Resource protection standards.
(a)
Watercourses shall not be regraded, filled, piped, diverted, built upon, or otherwise altered or disturbed, except where approval per § 370-223A(7) is obtained from Schuylkill Township, and if required, from the US Army Corps of Engineers, the Pennsylvania Department of Environmental Protection (PADEP), or the Chester County Conservation District (CCCD).
(b)
Inner riparian buffer. No woodland disturbance or other earth
disturbance shall be permitted within the inner riparian buffer, shown
as Zone 1 in Figure 370-1, except for the following activities:
(c)
Outer riparian buffer. Except as permitted by Article XI, no more than 10% of an outer riparian buffer, shown as Zone 2 in Figure 370-1, shall be regraded or otherwise disturbed. Those activities permitted in the inner riparian buffer shall be permitted in the outer riparian buffer and shall not be counted towards the ten-percent disturbance allowance.
(d)
During construction, the boundaries of riparian buffers shall
be clearly identified on the site and protected by orange construction
fencing, and those slated for ongoing preservation shall be protected
from disturbance by flags or other proper barrier and signage.
E.
Outstanding resource waters and buffers.
(1)
Purpose.
The purpose of this subsection is to provide a higher level of protection
to those water resources that are unique, especially sensitive ecologically,
or of the highest quality.
(2)
Delineation. Applications per § 370-223A(7) shall identify outstanding resource waters and outstanding resource water buffers which are on the site in accordance with this article.
(3)
Resource protection standards.
(a)
Outstanding resource waters shall not be regraded, filled, piped, diverted, built upon, or otherwise altered or disturbed except where approval per § 370-223A(7) is obtained from Schuylkill Township, and if required, from the US Army Corps of Engineers, the Pennsylvania Department of Environmental Protection (PADEP), or the Chester County Conservation District (CCCD).
(b)
Outstanding resource water inner buffer. No woodland disturbance
or other earth disturbance shall be permitted within this Zone One
buffer, except for the following activities:
(c)
Outstanding resource water middle and outer buffers. Except as permitted by Article XI, no more than 10% of a middle (Zone Two) or outer (Zone Three) outstanding resource water buffer shall be regraded or otherwise disturbed. Those activities permitted in the outstanding resource water inner buffer shall also be permitted in the middle and outer outstanding resource water buffer, and shall not be counted towards the ten-percent disturbance allowance in Zones Two and Three.
(d)
During construction, the boundaries of outstanding resource
water buffers shall be clearly identified on the site and protected
by orange construction fencing, and those slated for ongoing preservation
shall be protected from disturbance by flags or other proper barrier
and signage.
F.
Wetlands and wetland buffers.
(1)
Purpose.
The purpose of this subsection is to provide protection to wetlands
which provide many important biological and hydrological functions.
Wetland functions include filtering sediment and pollution from runoff,
slowing and storing floodwaters, recharging groundwater and surface
waters, maintenance of surface and groundwater quality and quantity,
recycling nutrients, providing habitat for wildlife, streambank protection,
and preserving biodiversity.
(2)
Delineation.
(a)
Until determined more precisely by field investigation, wetlands
will be presumed to exist on any property where a water feature exists,
or where a National Wetland Inventory (NWI) Map identifies a wetland
or water feature, or where any soil map unit, as mapped in Schuylkill
Township by the Natural Resources Conservation Service (NRCS), is
a hydric soil listed in the definition in this article. The limits
of all wetlands, lakes, and ponds on a site shall be delineated and
flagged by a qualified professional. Such professional shall certify
that the methods used to delineate the wetlands correctly reflect
currently accepted technical criteria and the three-parameter methodology
(vegetation, soils, and hydrology) prescribed by the United States
Army Corps of Engineers and the Pennsylvania Department of Environmental
Protection.
[Amended 6-7-2017 by Ord.
No. 2017-04]
(b)
All wetlands boundaries shall be clearly identified on the site
and protected from disturbance during construction activity by flags
or other proper barrier and signage.
(3)
Resource protection standards.
(a)
Wetlands shall not be regraded, filled, drained, piped, diverted,
built upon, or otherwise altered or disturbed except where state and
federal permits have been obtained.
(b)
Anyone proposing a use, activity, or improvement which would
entail the disturbance of wetlands shall provide the Township with
proof that the Pennsylvania Department of Environmental Protection
and the US Army Corps of Engineers have been contacted to determine
the applicability of state and federal wetland regulations.
(c)
For the purposes of this article, a wetland buffer shall apply
to lakes and ponds.
(d)
No more than 10% of a wetland buffer shall be graded, regraded,
or otherwise altered or disturbed.
A.
Plan information and delineation of natural resources. To ensure compliance with the natural resource protection standards of this article, the following information shall be provided for any application per § 370-223A(7) when earth disturbance is proposed:
(1)
A site plan which identifies the limits of each of the natural
resources on the site, and the proposed use of the site, including
any existing or proposed structures.
(2)
All encroachments and disturbances necessary to establish the
proposed use on the site, including a grading plan showing existing
and proposed contours.
(4)
In those cases where only a limited amount of the site or tract
will be subject to disturbance (i.e., 1,000 square feet or less),
all natural resources within the area of disturbance, plus areas within
150 feet of the area of disturbance, shall be shown on the plan.
B.
Continued protection of identified natural resources. To ensure the
continued protection of identified natural resources, the following
requirements shall apply:
(1)
Protected natural resources on proposed individual lots within
subdivision and land development applications. Natural resources protection
areas on individual lots within proposed subdivisions and land developments
shall be clearly identified by metes and bounds on the record plan.
(2)
Conservation easements or deed restrictions shall be provided
to ensure the continued protection of identified resources, which
shall be approved by the Township and recorded by the applicant.
C.
Changes to approved plans. All applicable plans shall include the
following wording: "Any structures, infrastructure, utilities, sewage
disposal systems, or other proposed earth disturbance indicated on
the approved plan shall only occur at the locations shown on the plan.
Changes to such locations shall be subject to review by the Township
Engineer for conformance with all applicable Schuylkill Township ordinances."
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Table 370-1
Site Disturbance Calculations
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|---|---|---|---|---|---|
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Protected Natural Resources
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A
Amount of Land in Protected Natural Resource*
(square feet)
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B
Maximum Disturbance Allowance**
(percent)
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C
Maximum Amount of Disturbance Allowed
(square feet)
(A X B)
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D
Proposed Disturbance
(square feet) ***
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Floodplain
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As per Article XI
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Outstanding Resource Water Buffer
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Zone 1 Buffer
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0%
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Zone 2 Buffer
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10%
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Zone 3 Buffer
|
10%
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Riparian Buffer
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Zone 1 Buffer
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0%
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Zone 2 Buffer
|
10%
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Wetlands
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0%
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Wetland Buffer
|
10%
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Steep Slopes
| |||||
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Elevated slopes
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10%
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Intermediate slopes
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20%
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NOTES:
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|---|---|
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*
|
Where resources overlap, the overlapping area should be included
under the more restrictive resource category (i.e., where steep slopes
overlap with wetlands, include the area of overlap in the wetlands
category).
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|
**
|
Disturbance allowances may be modified where federal or state
permits have been obtained by the applicant and provided to the Township.
|
|
***
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The figures in Column D must be less than or equal to the figures
in Column C.
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[Added 12-2-2020 by Ord.
No. 2020-05[1]]
A.
Disturbance of woodlands and hedgerows.
(1)
No more than 25% of a woodlands area on a lot shall be disturbed
from the date of this ordinance[2] cumulatively. Where woodlands and hedgerows overlap other
protected resources, the more restrictive standard shall apply. Woodlands
and hedgerows shall be considered a single resource in the calculation
of the permitted degree of disturbance. Invasive trees, shrubs and
vines can be netted out of the 25% if the property owner can establish
that they qualify as invasive species and the percentage covered.
Woodland disturbance includes the following:
(a)
Any activity that alters the existing structure of a woodland
or hedgerow. Alterations include the cutting or removal of canopy
trees, subcanopy trees, understory shrub and herbaceous species; and
(b)
Any activity that constitutes a land disturbance (exposes soil,
alters topographical contours, and any other natural environmental
features) within a woodland or hedgerow.
[2]
Editor's Note: "This ordinance" refers to Ord. No. 2020-05,
adopted 12-2-2020.
(2)
Unless specifically exempted by this section, no tree shall be cut down or otherwise removed from any land within the Township unless a tree removal permit has been secured in accordance with the provisions of § 370-225E(1), Tree removal permits.
(3)
Where a land development plan is otherwise required, permitted
woodland disturbance shall be based on plan measurements of the extent
of tree canopy removal and not on measurement of trunk diameters of
trees before and after clearing. Name of species, caliper size, and
number of trees to be cleared shall be clearly depicted on the plan
including acres of area to be cleared.
(4)
Woodland disturbance does not include management by means of
the selective cutting or removal of invasive alien trees, shrubs or
herbaceous species as identified by the Pennsylvania Department of
Conservation and Natural Resources (PADCNR) or other authority recognized
by the Township.
(5)
All woodlands to be cleared shall be supplemented with additional
landscaping as may be determined as necessary by the Township Zoning
Officer if a nonresidential zone abuts a residential zone in order
to provide for a dense buffer.
B.
Protection of specimen trees. Specimen trees, as defined herein, shall not be removed from any lot or tract, including from woodland areas, except where the applicant demonstrates to the satisfaction of the Township that such removal is essential to eliminate a hazardous condition(s) or there is a demonstrable financial hardship if the tree is not removed; or where the applicant agrees to replant per the chart in § 370-225D(2) per specimen tree removed on the same lot or tract in which the specimen tree is being removed or designated location within the Township as approved by the Township, and agrees to pay for a postinstallation inspection by the Township. Where permitted, removal of specimen trees shall be minimized.
C.
Guidelines for permitted woodland disturbance for new development.
In determining where permitted woodland disturbance will occur, the
following factors shall be considered:
(1)
The applicant shall identify the location(s) and discuss the
benefits of existing woodland stands on the property, including their
importance as wildlife habitat.
(2)
Each building or structure shall be constructed in such a manner
as to provide the least alteration necessary of the existing woodland.
Where possible, the amount of clear-cutting shall be minimized, and
trees shall be selectively removed.
(3)
Trees which are retained shall be identified and designated within the tree protection zone and protected in accordance with the provisions of § 320-40.
(4)
A mitigation plan must be submitted and reviewed protecting
woodland disturbance that would threaten the growth of remaining trees.
(5)
Woodlands and other natural vegetation that remain undisturbed
shall interconnect with woodlands or wooded areas of adjacent properties,
where they exist, to preserve continuous woodland corridors and allow
for the normal movement, dispersion, and migration of wildlife. The
applicant shall account for the impacts, in terms of functions and
values to wildlife, of separating, dividing, or encroaching on wildlife
travel corridors or extensive habitat areas, for woodlands exceeding
10 acres in area.
D.
Tree replacement.
(1)
Applicability.
(a)
Tree replacement shall be required:
[1]
If a specimen tree, which is permitted to be removed pursuant
to the removal requirements, is removed, then replacement shall be
in accordance with the table below.
[2]
If three or more trees of eight-inch DBH or greater are to be
removed from a lot one acre in size in a two-year period beginning
with the first tree taken down, then replacement shall be in accordance
with the table below. For lots larger than one acre in size, a ratio
multiplier shall be used, so that a two-acre lot shall allow six trees
to be removed.
[3]
If woodland disturbance exceeds 15,000 square feet on a lot
or tract.
[4]
If woodland disturbance is in excess of 25% of existing woodland
on any single lot.
(b)
In determining the extent of the woodland disturbance, said
disturbance shall include the entire area within the dripline of any
tree comprising a wooded area, where any portion of the dripline of
such tree is subject to disturbance.
(c)
Tree replacement shall not be required for invasive species
as identified by the Pennsylvania Department of Conservation and Natural
Resources (PADCNR) or other authority recognized by the Township.
(d)
Where a tree designated for preservation is severely damaged
by construction (or is clearly not going to survive) as identified
by an authority recognized by the Township within two years of the
end date of construction, tree replacement shall occur as provided
for herein. Development escrows may be used for this purpose.
(2)
Tree replacement standards.
(a)
When required, the replacement of trees shall occur on the same lot or tract where disturbance occurs or designated location within the Township as approved by the Township, except as may otherwise be permitted in § 370-225E(2)(d) and shall occur as prescribed in the following table.
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Tree Replacement Table
| |
|---|---|
|
DBH of Tree Removed
(inches)
|
Number of Replacement Trees Per Tree Removed
(Minimum 2-Inch Caliper)
|
|
8 to less than 12
|
3
|
|
12 to less than 18
|
5
|
|
18 to less than 24
|
10
|
|
24 and above
|
Replace with equivalent number of 2-inch caliper trees equal
to the DBH of the tree removed
|
(b)
Replacement trees shall be of nursery grade quality, balled
and burlapped.
(c)
Where a quantity of replacement trees is required but are not
suitable for the particular site prescribed due to the size of the
site or other limitations, the following alternative may be undertaken,
as approved by the Township:
[1]
The required replacement trees may be used for planting on public
lands as close to the tract as possible, provided the location on
the public lands is approved in advance by the Township.
(d)
The type of replacement trees shall be the same species as removed
from the site or another species acceptable to the Township Zoning
Officer unless the tree removed was an invasive or non-native plant
species. The choice of replacement trees shall be approved by the
Township Zoning Officer.
(e)
Specimen trees retained shall be credited toward the tree replacement
requirement at a ratio of three trees credited for each one specimen
tree retained. Specimen trees retained are to be within the tree protection
zone. When a specimen tree to be retained is severely damaged by construction
(or is clearly not going to survive) within two years of the end date
of construction, tree replacement shall be provided for all damaged
trees. Trees credited for a specimen tree that was damaged will be
provided and the Township Zoning Officer will designate the location
of replacement trees.
(f)
Replacement trees shall have been grown within the same USDA
hardiness zone as the lot or tract and shall be nursery grown, except
those deemed by the Township Zoning Officer to be acceptable for transplanting
from other disturbed portions of the lot or tract.
(g)
Species of replacement plantings shall reflect careful site
evaluation, including:
[1]
Existing and proposed site conditions and their suitability
for the tree species, based on geology, hydrology, soil, and microclimate.
[2]
Specific functional and design objectives, including replacement
of the woodlands being removed, enhancement of existing woodlands,
reforestation of riparian buffers, landscape buffering, visual screening,
noise abatement, energy conservation, wildlife habitats, and maximizing
aesthetic values.
[3]
Maintenance considerations such as hardiness, resistance to
insects and disease, longevity, and availability.
[4]
Because of the many benefits of native species (ease of maintenance,
longevity, wildlife habitat, etc.), the use of nursery grown, free-fruiting
native trees is strongly encouraged. Selection should reflect species
diversity characteristic of the native deciduous landscape of Chester
County.
(h)
The planting of replacement trees shall be done by or supervised
by a person with horticultural training in tree care and planting
methods as recognized by the Township Zoning Officer.
(i)
Newly planted replacement trees shall be monitored by the property
owner for a period of two years to ensure the health of the trees.
If a replacement tree(s) dies or is dying within the one-year period,
the applicant or property owner shall replace the said tree(s) at
no cost to the Township within a timely manner not to exceed three
calendar months.
E.
Tree removal permits.
(1)
Applicability.
(a)
Except for the exemptions set forth in § 370-225E(2), no trees shall be cut or otherwise removed from any lands in the Township without a tree removal permit.
(b)
All applications for approval of a subdivision or land development,
building permit, special exception, conditional use, or zoning variance
requiring tree removal shall include an application for a tree removal
permit. Any lot owner wishing to remove trees in connection with any
application shall comply with the appropriate subsections of this
section.
(c)
Applications for tree removal permits shall be submitted to
the Zoning Officer for review and approval. The review process will
not exceed 15 calendar days. No work is to commence without an approved
permit.
(d)
No tree planted or preserved as part of any landscape plan or
in accordance with any street tree requirement approved in conjunction
with a subdivision or land development plan shall be removed, except
for such trees directed to be removed pursuant to other sections of
this article.
(e)
An owner may remove trees which are dead or dying (except within
an inner riparian buffer), diseased trees, trees which have suffered
damage, or any tree whose angle of growth makes it a hazard to structures,
roads, or human life. However, a permit must be submitted to the Township
containing evidence of the grounds for meeting this exception prior
to removal of the trees. The permit will not include any fee.
(f)
Removal of trees which cause risk to public safety and welfare
or are at risk of causing structural damage to buildings or foundations,
or septic systems. However, a permit must be submitted to the Township
containing evidence of the grounds for meeting this exception prior
to removal of the trees. The permit will not include any fee.
(g)
The Township's fee for filing a tree removal permit shall be
established by resolution.
(2)
Exemptions. The following shall be exempt from requirements
for a tree removal permit:
(a)
Trees expressly grown for or by commercial nurseries, fruit
orchards, and Christmas tree farms.
(b)
Trees removed in conjunction with farmland greater than five acres in size that will be actively devoted primarily to agricultural uses except that where the owner desires to remove any trees for the purpose of expanding farmlands, an inventory of trees to be removed, identified by size and species, shall be prepared and filed with the Township Zoning Officer prior to any tree removal. In the event the expanded farmlands are not actively devoted primarily to farming activities for a period of seven years following tree removal, the tree replacement provisions of § 370-225D(2) shall apply.
(c)
Trees removed as part of industrial or commercial tree harvesting
for timber removal where the value of the timber exceeds $2,000.
(d)
Trees removed from existing residential lots that are less than
eight inches DBH.
(e)
Trees removed from existing residential lots (up to one acre
or multiple thereof) where removal is no more than three nonspecimen
trees of greater than or equal to eight inches DBH in any two-year
period per acre.
(f)
Any tree which is located within a cemetery.
(g)
Trees directed to be removed by municipal, county, state, or
federal authority pursuant to law.
(h)
Pruning or removal of trees within the right-of-way by utility
companies for maintenance of utility wires or pipelines and the pruning
of trees within sight easements.
(i)
Trees that have already fallen due to natural causes, such as
disease or extreme weather.
(3)
Tree removal permit requirements. The application for a tree
removal permit shall include the following information:
(a)
Name and address of the owner of the lot or tract and legal
status (individual, partnership, corporation, etc.).
(b)
Description of the lot or tract where removal is to take place,
including lot and block numbers and street address as assigned.
(c)
A plant schedule of all trees to be removed with a DBH equal
to or greater than eight inches identified by size and species, including
total number of each species to be removed.
(d)
Purpose for tree removal (new construction, street or roadway,
driveway, utility easement, recreation areas, parking lot, etc.).
(e)
Sufficient information to allow a determination that the proposed
tree removal is consistent with the woodland removal limitations and
standards of this section and any other applicable ordinance requirements.
(f)
Such other information as may be deemed necessary by the Zoning
Officer to effectively process and evaluate such permit application.
(g)
Fees shall initially be established by the Board of Supervisors
but may be reviewed at the discretion of the Board of Supervisors.
The determination as to the appropriate fees may include consideration
of the DBH of the trees.
(h)
Proof that the replanting requirements set forth above will
be followed as set forth herein.
(4)
Tree removal permit time limits.
(a)
Where the tree removal permit application is submitted as part
of an application for a subdivision or land development, the time
for approval shall be governed by the timing requirements applicable
to subdivision and land developments.
(b)
Where the application is made in connection with a lot that
is not part of a subdivision or land development, the Township shall
act on the application within 15 days of its receipt or within such
additional time as is consented to by the applicant. Failure to act
on the application within 15 days, or any agreed to extension thereof,
shall be deemed to be an approval of the application.
(c)
Approval by default with regard to subdivision or land development
plans shall not be deemed a waiver of the tree removal permit.
(5)
Duration of tree removal permit. Permits granted for the removal
of trees under the terms and conditions of this article shall run
with the land and shall remain in force and effect for the following
periods of time, and not thereafter. Once the permit has expired,
a new application must be submitted for review and a new permit issued.
Time limits shall be as follows:
(a)
If granted for a lot or tract for which no building permit is
required, one year from the date of issuance.
(b)
If granted for a lot or parcel of land for which a building
permit is required, but for which no subdivision or land development
approval is required, until expiration of the building permit granted
with such tree removal permit.
(c)
If granted for a lot or tract of land for which land development
approval is required by the Township as a condition precedent to obtaining
a building permit, until expiration of the land development approval,
or expiration of the building permit issued after such site plan approval.
(d)
If granted for a lot or tract of land for which minor subdivision
is sought, one year from the date of granting of approval for such
minor subdivision.
(e)
If granted for a lot or tract of land for which approval of
a major subdivision is sought, until expiration of such approval.
(6)
Inspections and enforcement related to tree removal permits.
(a)
Prior to taking final action upon any application for a tree
removal permit, an inspection of the site shall be made by the Township
Zoning Officer or his/her designee.
(b)
Prior to any tree removal, all trees shall be marked and areas
to be cleared identified, all of which shall be inspected by the Township.
(c)
The Township shall periodically inspect the lot or tract to
verify compliance with this article. Such inspection shall be made
of the lot or tract referred to in the permit application and of contiguous
and adjoining lands, as well as of lands in the vicinity of the application,
for the purpose of determining drainage and physical conditions thereon.
(7)
Violations and enforcement remedies shall be as established in Article XXVII of this chapter. In addition, where regulated trees are removed without a tree removal permit, the affected areas shall be replanted in accordance with replacement requirements of § 370-225D(2).
F.
Delineation. The applicant shall delineate woodlands and hedgerows
which are on the site, in accordance with this section and which shall
be approved by the Township Landscape Architect or the Township Engineer.
In addition, where trees or woodlands on the site are to be preserved,
they shall be clearly delineated on the plan as a Tree Protection
Zone.
G.
Subdivision and land development plan procedures.
(1)
All subdivision and land development plans submitted to the
Township for review shall contain a mapped inventory of existing vegetation
on the entire site. Vegetation shall constitute masses of canopy,
specimen, and understory trees, as well as shrub masses and hedgerows.
The edge of vegetated areas shall be shown as it exists prior to any
site disturbance and shall include the location of all trees over
eight inches DBH.
(2)
In its review of a subdivision or land development plan, the
Township may require alteration to the proposed development in order
to protect the maximum number of existing trees. This may be done
by a review of the layout proposed, the use of multiple stories to
minimize the building area, and/or the modification of drives and
parking.
(3)
All final approved subdivision and land development plans shall
delineate vegetative areas to be retained and contain instructions
for protection in accordance with this section.
