[Ord. 658, 4/9/2015]
The boundaries of the Township zoning districts hereby established
are shown on the Zoning Map attached hereto and incorporated herein
at Appendix 27-A. This Zoning Map and all of the notations, references
and other data shown thereon are hereby incorporated by reference
into this chapter and shall be as much a part of this chapter as if
all were fully described herein.
[Ord. 658, 4/9/2015]
Uses which are not specifically listed as a permitted use, conditional use, or special exception in any zoning district shall be permitted as a conditional use in the M-1 Industrial District and RT Research and Technology District pursuant to the procedures and requirements of Part
8 hereof provided that the applicant demonstrates that the proposed use complies with the general standards and criteria of §
27-803, Subsection
1, and the express standards and criteria of §
27-870.
[Ord. 658, 4/9/2015]
Vegetation preservation and bufferyards are governed by the
specifications in this section and the provisions of the MPC.
A. Vegetation Preservation. The removal of trees, shrubbery, foliage, grass or other natural growth shall be permitted only when in conformance with the provisions of this chapter, the Moon Township Code of Ordinances, as amended, and any other Township ordinance regulating subdivision, land development, logging and forestry activities. Grubbing activity shall be permitted with the expressed approval of the Zoning Officer. A landscape plan complying with the provisions of this chapter, the Subdivision and Land Development Ordinance [Chapter
22], and any other applicable Township ordinance, shall be prepared and submitted at the time of submission of an application for final subdivision, land development, and/or PRD approval, or at the time of submission of a zoning and occupancy permit application if the project does not constitute a subdivision or land development; provided, however, this landscape plan requirement shall not apply to the construction of a single-family detached dwelling that does not constitute a land development, as defined in this chapter. This landscape plan shall be prepared and sealed by a landscape architect.
B. Restrictions on Cutting and Clearing Vegetation.
(1) Forestry activities of timber harvesting, and/or logging, whether by clear-cutting, selection cutting or other common practice, shall be permitted in any zoning district. All forestry activities shall comply with the Logging Ordinance [Chapter
13, Part
6].
(2) The cutting of trees and/or clearing of vegetation is prohibited (a) within 40 feet of a property line, or (b) within the maximum bufferyard which could be applicable to the subject property as required by §
27-214 of this chapter, or (c) within the minimum yard areas required by this chapter, whichever is greater. Grubbing activity is permitted where the purpose is to improve the appearance of the property.
(3) In addition to any other remedy available to the Township and in the event that the construction of structures and/or infrastructure on the lot does not commence despite an approved development plan within six months of the completion of the clearing operations as determined by the Township, a landowner and/or developer shall reforest the disturbed site in accordance with requirements of Bufferyard 1 or, where applicable the special bufferyard as set forth in §
27-214, Subsection 1F, of this chapter, utilizing the Forest Style Plantings as illustrated in Appendix 27-D of this chapter. Should this six-month period fall during a season not conducive to planting, the Township may permit the developer and/or landowner to delay this reforestation until a time more conducive to growth, but shall commence no later than April 1. Furthermore, at the time of the development plan approval, the Township shall require that performance security in an amount recommended by the Township Engineer and otherwise in compliance with the Financial Security Ordinance [Chapter
1, Part
7] be provided, in the favor of the Township, to guarantee this reforestation. The lot must be reforested with a species comparable to the predominant species on the lot prior to the commencement of the clearing operations.
(4) The landscape plan required by §
27-214, Subsection 1A, shall show the location and species of all existing trees 12 inches or greater in diameter at breast height ("dbh"). In cases where the wooded area on the property is greater than one acre, the applicant may locate trees 12 inches or greater dbh from a representative wooded area on the subject property that is 100 feet by 100 feet in area and utilize that representative sample to determine the number of trees 12 inches or greater dbh on the remaining wooded portion of the property. Applicants are encouraged to maximize the retention of all healthy existing trees six inches or more dbh. All trees, including those not listed in Appendix 27-D, are subject to approval by the Township Landscape Consultant with respect to health, location and species type. Trees to be preserved should not be disturbed within the dripline. Any change to the existing grade within the dripline shall disqualify the opportunity for credits. A developer preserving existing approved trees shall be entitled to the following credits from the bufferyard requirements of §
27-214 of this chapter:
(a)
Eighteen-inch dbh or greater tree located in required bufferyards:
six trees.
(b)
Eighteen-inch dbh or greater tree located outside required bufferyards:
seven trees.
(c)
Twelve-inch to eighteen-inch dbh tree located in required bufferyards:
four trees.
(d)
Twelve-inch to eighteen-inch dbh tree located outside required
bufferyards: five trees.
(e)
Six-inch to twelve-inch dbh tree located in required bufferyards:
two trees.
(f)
Six-inch to twelve-inch dbh tree located outside required bufferyards:
three trees.
C. Bufferyards. Bufferyards shall be required in conjunction with the
development of any lot as defined by Table 27-6, "Bufferyards" and
as further illustrated and defined in Appendix 27-D of this chapter.
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Table 27-6 Bufferyards
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Development Proposed
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Required Bufferyards
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1
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2
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3
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Any Use in Any Residential District Other than a Single-Family
Detached Dwelling, Two-Family Dwelling, or Open Space
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Adjoining property in any residential district
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X
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Adjoining property in any other district
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X
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Any Use in C-1, C-2 or MX District
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Adjoining property in any residential district
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X
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Adjoining any multi-family use, or property in any ED, OS, M-1,
BP or AP District
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X
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Adjoining any property in any C-1, C-2, MX or RT District
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X
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Any Use in the BP District
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Adjoining any property in any residential district
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X
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Adjoining any property in other district
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X
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Any Use in RT, M-1 or AP District
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Adjoining any property in any residential district
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X
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Adjoining any property in any C-1, C-2, BP, OS, ED or MX District
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X
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Adjoining any property in any M-1, RT or AP District
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X
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Any Use in ED District
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Adjoining any property in any residential district
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X
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Adjoining any property in any other district
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X
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(1) Vegetation within Bufferyards.
(a)
The minimum spacing, size and quantity of vegetation planted within a bufferyard shall be prescribed by §
27-214, Subsection 1C, and Appendix 27-D of this chapter. If a minimum spacing is not specifically prescribed in §
27-214, Subsection 1C, and/or Appendix 27-D of this chapter, then the minimum spacing shall comply with accepted landscape conservation practices.
(b)
Any existing trees located within the required bufferyard that
are a minimum of six inches dbh in accordance with American Nursery
Association standards shall count as required trees within the bufferyard.
At no point, however, shall any existing trees and required trees
be separated at a distance greater than the distance specified by
accepted landscape conservation practices.
(c)
All trees required to be planted within the bufferyard shall
be a minimum of 2 1/2 inches dbh in accordance with American
Nursery Association standards and shall be planted in accordance with
accepted landscape conservation practices. All required trees shall
be a minimum of six feet at the time of planting as measured from
the ground adjacent to the planted tree to the top of the tree.
(2) Bufferyard Requirements. Bufferyards 1, 2 and 3 listed in Table 27-6
(Bufferyards) are defined as follows:
(a)
Bufferyard 1. Bufferyard 1 shall be 40 feet wide extending back
in depth from the lot line. The minimum spacing, quantity and type
of vegetation planted within Bufferyard 1 shall be as prescribed by
this section and Appendix 27-D. The Forest Style Planting Conceptual
Plan, as illustrated in Appendix 27-D, shall be required along any
property line or portion thereof adjoining property in a residential
zoning district. For all other property lines or portions thereof,
the developer shall have the option to use the Forest Style Planting
Conceptual Plan or the Prairie Style Planting Conceptual Plan, as
illustrated in Appendix 27-D.
(b)
Bufferyard 2. Bufferyard 2 shall be 20 feet wide extending back
in depth from the lot line. The minimum spacing, quantity and type
of vegetation planted within Bufferyard 2 shall be as prescribed by
this section and Appendix 27-D. The Forest Style Planting Conceptual
Plan, as illustrated in Appendix 27-D, shall be required along any
property line or portion thereof adjoining property in a residential
zoning district. For all other property lines or portions thereof,
the developer shall have the option to use the Forest Style Planting
Conceptual Plan or the Prairie Style Planting Conceptual Plan, as
illustrated in Appendix 27-D.
(c)
Bufferyard 3. Bufferyard 3 shall be 10 feet wide extending back
in depth from the lot line. The minimum spacing, quantity and type
of vegetation planted within Bufferyard 3 shall be as prescribed by
this section and Appendix 27-D.
(d)
No buildings, structures, or uses including, but not limited to, accessory structures, parking spaces, and lighting devices, may be located in a bufferyard except that driveways and access drives may be located in a bufferyard as permitted by this chapter or the Subdivision and Land Development Ordinance [Chapter
22].
(3) Special Bufferyard. Any property having frontage on Business Loop
376 (SR3160) from Hangar Road to the Montour Run Interchanges or the
southerly side of Beaver Grade Road between Ewing Road and the access
drive on property now or formerly owned by Eaton Finance NV currently
designated as Allegheny County Block/Lot No. 595-M-50, shall maintain
a one-hundred-fifty-foot bufferyard from the right-of-way of said
roads and any appurtenances, such as interchanges and ramps. Notwithstanding
the foregoing, the special bufferyard required by this subparagraph
(3) shall not be required to exceed 30% of the depth of a parcel.
Existing vegetation in this bufferyard shall not be disturbed, other
than the removal of dead or diseased trees or other vegetation, except
that any area within a street right-of-way or easement may be disturbed
to the extent necessary to provide streets, public utilities, access
drives, essential services or stormwater retention facilities. The
quantity and type of vegetation planted within the special bufferyard
required by this subparagraph (3) shall be as prescribed by this section
and Appendix 27-D. The Forest Style Plantings, as illustrated in Appendix
27-D, shall be required along any property line or portion thereof
adjoining property in a residential zoning district. For all other
property lines or portions thereof, the developer shall have the option
to use the Forest Style Plantings or the Prairie Style Plantings,
as illustrated in Appendix 27-D. Additionally, should a stormwater
retention facility be proposed within this bufferyard, a detailed
landscaping plan for said facility must be submitted and approved
by the Township Engineer or the Township Landscape Consultant.
(4) When the width of a required bufferyard specified in subparagraph
(2) is in conflict with the minimum yard requirements of this chapter,
or any other applicable Township ordinance, the greater distance shall
apply. The landowner and/or developer shall adhere to the bufferyard
planting requirement regardless of what the yard requirement is.
(5) In instances where an existing structure houses the principal use
of the property and is located within any required bufferyard, a bufferyard
of not less than the minimum distance from the existing structure
to the property line shall be required. This reduced bufferyard width
shall apply only to the yard area which the existing structure encroaches
upon. If the existing structure is located within the required bufferyard
on one side of the building, the required bufferyard as determined
by this paragraph and Table 27-6 (Bufferyards) shall apply on all
other yard areas. All landscaping requirements shall be adhered to
regardless of the bufferyard width.
D. All yard areas not utilized for structures, parking facilities, driveways,
gardens, the planting of trees or shrubs, flower, vegetable or herb
beds or similar uses must be seeded, sodded or landscaped within a
reasonable period of time. The phrase "a reasonable period of time"
shall be interpreted to be within two weeks after construction activities
are completed, unless those activities are completed between the time
period of November 1 through April 1, in which case the required sodding
or seeding must commence within two weeks of April 1 and be completed
within a reasonable time period thereafter.
E. It shall be the responsibility of the developer and/or landowner
to assure the continued growth of all required landscaping and/or
to replace the same in the event of freezing, drought, vandalism,
disease or other reasons for the discontinued growth of the required
trees, shrubs and bushes.
F. Stormwater management facilities and related structures may be maintained
within a bufferyard, but the existence of such stormwater management
facilities and related structures shall not be a basis for a failure
to meet the landscaping requirements.
G. Deviation from the requirements of §
27-214 and Appendix 27-D of this chapter shall be permitted only as a conditional use in accordance with the requirements of §
27-872 and Part
8 of this chapter.
H. Those provisions of this section requiring that vegetation be planted
or maintained shall not apply to any property that is located within
(1) 600 feet of an existing runway, taxiway or other paved surface
used for the moving of airplanes, or (2) 1,000 feet of the end of
any existing runway, provided that if the area in which the vegetation
otherwise would be required borders a public street or adjacent property
not owned by the applicant, the applicant shall plant and maintain
a grass lawn.
[Ord. 658, 4/9/2015]
Landscaping shall be provided in accordance with the following
specifications:
A. Landscaping required in bufferyards as outlined in §
27-214 cannot be substituted for any required landscaping mandated in this section.
B. A landscape plan, with appropriate details, shall be prepared and
submitted at the time of submission of an application for final subdivision,
land development, and PRD approval, or at the time of submission of
a zoning and occupancy permit application if the project does not
constitute a subdivision or land development; provided, however, this
landscape plan requirement shall not apply to the construction of
a single-family detached dwelling that does not constitute a land
development as defined in this chapter. This landscape plan shall
contain and show the following, and illustrate at scale, the location,
size, and name of each tree, shrub and ground cover as it relates
to the proposed topography:
(1) All required bufferyards with proposed plantings and identifying
the height and width of any proposed mounds.
(2) All required plantings independent of any bufferyard requirements.
(3) Any plantings in excess of the requirements of this chapter.
(4) Any existing trees or vegetation which are to be preserved and for which a credit is being sought in accordance §
27-214, Subsection 1B(4), of this chapter, accurately identifying their relative size and location.
(5) Demarcation of areas of existing trees or vegetation which will be
removed.
(6) Demarcation of areas of trees and vegetation which will not be disturbed.
C. Nonresidential Developments. In conjunction with any nonresidential
development, at least one deciduous tree must be planted for each
500 square feet of gross floor area, or one deciduous tree per 100
linear feet of site perimeter, whichever is greater.
D. Street Trees. Street trees shall be planted on a lot as follows:
(1) For each single-family detached dwelling, at least one deciduous
street tree shall be planted in the front yard no closer than 12 feet
from the front lot line. Further, for any lot with over 100 linear
feet of frontage, an additional street tree shall be planted for each
100 linear feet of frontage or portion thereof. The species and size
of each street tree shall be selected from, and comply with, the list
of permitted street trees found in Appendix 27-D of this chapter.
(2) For all other uses, deciduous street trees shall be planted along
all streets, except alleys, at a spacing of 20 feet to 30 feet, dependent
on species. Street trees shall be spaced appropriately for their species,
pursuant to accepted landscape conservation practices, so as to create
a continuous canopy along the sidewalk or street edge once mature.
For example, large street trees should be spaced every 30 feet and
smaller, utility line compatible trees should be spaced every 15 feet
to 25 feet based on mature canopy size. Each street tree shall be
planted in the front yard no closer than 12 feet from the front lot
line. The species and size of each street tree shall be selected from,
and comply with, the list of permitted street trees found in Appendix
27-D of this chapter.
(3) Street trees shall not be planted within the following distances:
(a)
Twenty-five feet of the curb line of a street intersection.
(b)
Five feet of the edge of an alley or driveway.
(c)
Ten feet of fire hydrants, underground utilities, and utility
poles.
(d)
Ten feet of directional traffic signs.
(e)
Two feet of side lot lines.
(f)
Twenty-five feet of stop or yield signs.
(g)
Twenty-five feet of street lights.
(h)
Twenty feet or more of adjacent existing trees, which specific
spacing shall be determined by the species of tree selected and the
species of adjacent trees.
E. Landscaping of Parking Lots and Parking Structures/Garages. Parking
lots and parking structures/garages shall be landscaped as follows
and as provided in Appendix 27-D:
(1) Perimeter Landscape Screening. Landscape screening shall be provided
along the perimeter of all parking lots and parking structures/garages.
The perimeter parking landscape area shall:
(a)
Be at least 10 feet wide.
(b)
In addition to the requirements of §
27-214 of this chapter, provide a row of low level evergreen shrubs or continuous vegetative screen or earthen mounding which shall provide a year-round visual screen capable of acting as a barrier to light beams emanating from the headlights of passenger cars. These low level shrubs, continuous vegetative screen, or mounds shall be of such height that a person facing a passenger car with the shrubs, continuous vegetative screen, or mounds between him/her and the car could observe the car's low beam lights only as a result of the diffused or reflected light from the headlights and not because the main, direct beam from those lights was observable.
The perimeter parking landscape area shall otherwise comply with the bufferyard standards as defined and required in §
27-214, Subsection 1C, of this chapter.
(2) Interior Landscaping for Parking Lots.
(a)
Interior landscaping shall be required for new parking lots
or expansion of existing parking lots containing more than 4,000 square
feet or 10 parking spaces, whichever is less. Where a pre-existing
parking lot is altered or expanded to increase the size to 4,000 or
more square feet of area or 10 or more parking spaces, interior landscaping
shall be provided for the entire parking lot and not merely to the
extent of the parking lot's alteration or expansion.
(b)
The interior landscape areas of a parking lot shall be equal
to at least 10% of the aggregate size of the parking lot. This interior
landscaping shall be distributed throughout the parking lot in order
to satisfy the goal of shading the parking lot.
(c)
Each interior landscape island shall, at a minimum contain:
1)
At least one deciduous tree.
2)
The remaining portion of the interior landscape island shall
be landscaped with shrubs or perennials, either of which should not
exceed two feet in height, or with turf grass.
(d)
Each tree placed within an interior landscape island shall be
placed in accordance with accepted landscape conservation practices.
(e)
All landscape islands shall be enclosed by appropriate curbing
or a similar device at least six inches wide and six inches in height
above the paving surface (wedge curbing is acceptable), except as
otherwise provided in Appendix 27-D.
(f)
Each deciduous tree shall be presumed to shade a circular area
having a radius of 15 feet with the trunk of the tree as the center,
and there must be sufficient deciduous trees so that, using this standard,
20% of the vehicle accommodation area (excluding driveways and traffic
aisles) shall be shaded.
(g)
The perimeter landscaping of parking lots shall not substitute
for interior landscaping in parking lots. However, interior landscaping
may join perimeter landscaping as long as the interior landscaping
extends at least four feet into the parking lot from the perimeter
landscaping.
(3) Parking Structures/Garages. Landscaping for parking structures/garage
for the applicable zoning district(s) shall be provided in accordance
with Bufferyard 3 as defined by this Part.
F. Landscaping for Service Structures. All service structures shall
be fully screened.
(1) Location of Screening. A continuous vegetative screen, fence, wall
or earthen mounding shall enclose any service structure on all sides
unless such structure must be frequently moved, in which case screening
on all but one side is required. The average height of the screening
material shall be one foot more than the height of the enclosed structure,
but shall not be required to exceed eight feet in height, unless otherwise
specified in this chapter. When a service structure is located next
to a building wall, perimeter landscaping material may fulfill the
screening requirements for that side of the service structure if that
wall or screening material is of an average height sufficient to meet
the height requirement set out in this paragraph. Whenever service
structures are screened by plant material, such material may count
towards the fulfillment of required landscaping.
(2) Protection of Screening Material. Whenever screening material is
placed around any trash disposal unit or waste collection unit that
is emptied or removed mechanically on a regular basis, a fixed barrier
to contain the placement of the container shall be provided within
the screening material on those sides where there is such material.
The barrier shall be at least 18 inches from the material and shall
be of sufficient strength to prevent possible damage to the screening
when the container is moved. The minimum front opening of the screening
material shall be 12 feet to allow service vehicles access to the
container.
G. All trees which are required to be planted as per the requirements
of this section shall be a minimum of 2 1/2 inches dbh at the
time of planting, measured along the trunk of the planted tree, which
tree shall be planted in accordance with accepted landscape conservation
practices.
H. All areas not utilized for structures, parking facilities, driveways,
gardens, the planting of trees or shrubs, flower, vegetable or herb
beds or similar uses must be seeded, sodded or landscaped within a
reasonable period of time. The phrase "a reasonable period of time"
shall be interpreted to be within two weeks after construction activities
are completed, unless those activities are completed between the time
period of November 1 through April 1, in which case the required sodding
or seeding must commence within two weeks of April 1 and be completed
within a reasonable time period thereafter.
I. All freestanding signs shall be landscaped, except those signs which
have traffic traveling below them. A landscape plan must be submitted
as part of the application for a sign permit. The Zoning Officer must
approve the landscape plan prior to issuing a sign permit.
J. Landscape walls are nonstructural, non-load-bearing walls less than 30 inches in height and used in the art of arranging or modifying the features of a landscape to secure beautiful or advantageous effects. Walls greater than 30 inches in height must meet the requirements of §
27-501, Subsection
10.
K. Where the landscaping requirements of this section conflict with the bufferyard requirements of §
27-214 of this chapter, the requirements of §
27-214 of this chapter shall govern.
L. Deviation from the requirements of §
27-215 of this chapter shall be permitted only as a conditional use in accordance with the requirements of §
27-872 and Part
8 of this chapter.
M. Those provisions of this section requiring that vegetation be planted
or maintained shall not apply to any property that is located within
(1) 600 feet of an existing runway, taxiway or other paved surface
used for the moving of airplanes, or (2) 1,000 feet of the end of
any existing runway, provided that if the area in which the vegetation
otherwise would be required borders a public street or adjacent property
not owned by the applicant, the applicant shall plant and maintain
a grass lawn.
N. Financial Security for Landscaping and Bufferyards.
[Added by Ord. 669, 9/6/2017]
(1) Performance Security. The landowner and/or developer shall provide the Township with performance security, as required by the Subdivision and Land Development Ordinance [Chapter
22], during development of the site to guarantee proper installation of the landscaping and bufferyard materials required by this chapter and as shown on the Township-approved landscape plan.
(2) Maintenance Security. The landowner and/or developer shall provide
the Township with maintenance security to guarantee the maintenance
and survival of the landscaping and bufferyard materials installed
on the subject property in accordance with this chapter and the Township-approved
landscape plan. The maintenance security shall be in the amount of
15% of the replacement cost of the required landscaping and bufferyard
materials and shall guarantee the maintenance and survival of the
landscaping and bufferyard materials for a period of 18 months after
initial planting and certification by the Township Engineer.
(3) Form. All such performance security and maintenance security shall be in accordance with the requirements of the Financial Security Ordinance [Chapter
1, Part
7]. Release of the performance security and maintenance security shall be handled consistent with the requirements of the Subdivision and Land Development Ordinance [Chapter
22].