[Amended 12-20-2006 by Ord. No. 363; 4-4-2007 by Ord. No. 368; 11-15-2023 by Ord. No. 442]
A. 
All major subdivisions and land development plans shall contain a landscape plan, prepared by a certified landscape architect, which is approved before construction and as part of the subdivision/ land development approval process which shall address the conservation of the natural landscape to enhance the development, to protect surrounding areas, provide for harmonious landscapes and preserve community character. The proposed plan shall limit disturbance of all open space/resource-protected land identified in the existing features plan. All required plants shall be native plants. The basic goal is to preserve the native flora by mimicking the localized native plant community. The landscape plan shall address all areas of a site that are preserved from development and all site development exclusive of building areas. The landscape plan must address the following requirements: minimization of site disturbance, street trees, buffers, parking area landscaping, preservation of trees in the right-of-way, tree protection during grading and construction and planting in conjunction with stormwater management. The plan shall also indicate the proposed location, quantities and types of plantings and such plants shall be selected from the Township Plant List[1] (Ref. Ex.-1). Since locally grown plants are acclimated to the area, they tend to perform best; therefore, it is desirable, whenever possible, to purchase plants from local sources. The plan shall be prepared by, signed and sealed by the developer's RLA or PCH and approved by the Township's plant expert. The plan shall be prepared at a scale of one inch equals 50 feet. All proposed plant materials shall meet the standards of the American Standard for Nursery Stock (ASNS) and shall be planted, fertilized and watered in accordance with ASNS standards.
[1]
Editor's Note: The Township Plant List is included as an attachment to this chapter.
B. 
Required open space management plan.
(1) 
Any application for land development approval of the open space design option, under this section, shall contain a conceptual plan for the long-term management of the restricted open space which is to be created as part of the development. Such a plan shall include a discussion of:
(a) 
The manner in which the restricted open space and any facilities within the open space will be owned and by whom it will be managed and maintained;
(b) 
The conservation, land management and agricultural techniques and practices which will be used to conserve and perpetually protect the restricted open space, including conservation plan(s) approved by the Bucks County Conservation District, where applicable;
(c) 
If applicable, a listing of private or public utilities (water, sewer, stormwater) that are proposed within open space areas, how they will be integrated into the landscape to protect the natural and cultural resource values, and how they will be maintained or replaced over time;
(d) 
The professional and personnel resources that will be necessary in order to maintain and manage the property;
(e) 
The nature of public or private access that is planned for the restricted open space; and
(f) 
The source of money that will be available for such management, preservation and maintenance on a perpetual basis. The adequacy and feasibility of this conceptual management plan as well as its compatibility should be a factor in the approval or denial of the conditional use application by the Board of Supervisors.
(2) 
The conceptual management plan shall be transformed into a more detailed open space management plan and presented to the Township for review and approval with the preliminary subdivision and land development plan application. The Board of Supervisors may require that the management plan be recorded with the final subdivision and land development plans in the Office of the Recorder of Deeds of Bucks County. In order to allow for the changing needs inherent in the perpetual management of land, the management plan shall contain a provision to the effect that it may be changed by written application to the Board of Supervisors. The approval of the Board of Supervisors in such regard shall not be unreasonably withheld or delayed, so long as the proposed change is feasible and consistent with the purposes of preservation of open space set forth in this section and so long as the plan for such change avoids a likelihood of the obligation for management and maintenance of the land falling upon the Township without the consent of the Board of Supervisors.
C. 
Open space performance guarantees.
(1) 
All landscape improvements, plantings, accessways, and recreational facilities within designated open space areas shall be provided by the developer as applicable. A performance guarantee shall be required to cover costs of all installation of proposed improvements in the open space area. The financial security shall be in the same form and adhere to the same conditions as otherwise required for proposed improvements under Article XV, Completion of Required Improvements, Dedication, Contracts and Security, of the Lower Makefield Township Subdivision and Land Development Ordinance (Chapter 178).
(2) 
An appropriate portion of the financial security will be applied by the Township should the developer fail to install landscape improvements, plantings, accessways, and recreational facilities within designated open space areas as required by this chapter.
[Amended 4-4-2007 by Ord. No. 368]
A. 
General requirements. Within any land development or subdivision, street trees shall be planted along both sides of all streets where suitable existing street trees or natural wooded areas do not exist.
B. 
One of the following street tree planting concepts shall be used:
(1) 
Formal allee of street trees.
(a) 
Use a uniform street tree variety along each side of the right-of-way.
(b) 
Coordinate new plantings with existing street tree plantings where applicable. A uniform canopy from both sides shall be provided.
(c) 
The location of street trees shall be outside the right-of-way, 30 feet to 35 feet on center.
(d) 
Where a formal row of trees exists, the subdivision or land development shall be planned in a manner which will preserve it, where possible.
(e) 
Trees shall be a minimum of three-inch caliper when planted based on the standards of the American Standard for Nursery Stock (ANSI Z60.1) and American National Standards for Tree Care Operations (ANSI A300).
[Amended 11-5-2014 by Ord. No. 397]
(2) 
Naturalized street tree planting.
(a) 
Vary street tree varieties. The minimum size shall be three-inch caliper.
(b) 
An average of one street tree shall be installed for every 30 feet of curbline.
(c) 
Planting design shall accentuate views and integrate contrasting landscape elements.
C. 
At intersections, trees shall be located no closer than 30 feet from the intersection of the street right-of-way lines, except when governing standards increase the distance for clear sight.
D. 
Each tree must have a setback of at least four feet from curbs and sidewalks, but no more than 15 feet beyond the street right-of-way line and be planted outside any utility easements.
E. 
Street tree standards.
(1) 
Branching height. The height of branching shall bear a relationship to the size and kind of tree, so that the crown of the tree is in good balance with the trunk. Those trees selected for street tree usage shall have a minimum clearance height of seven feet above grade before branching begins.
(2) 
Caliper. The minimum trunk diameter shall be three inches. Caliper of the trunk shall be measured six inches above the ground level up to and including four-inch caliper size and 12 inches above the ground level for larger caliper sizes.
(3) 
Height. The table lists the approved range permitted:
Caliper
(inches)
Minimum Height Range
(feet)
3 to 3 1/2
14 to 16
3 1/2 to 4
14 to 16
4 to 5
16 to 18
5 to 6
18 and up
(4) 
Root ball standards. All trees to be installed shall be balled and burlapped in accordance with ANSI Z60.1 and ANSI A300 specifications. The ball depth shall be not less than 60% of the ball diameter and in all cases contain the maximum of the fibrous roots of the tree. Bare root material is also acceptable (ANSI Z60.1 and ANSI A300 standards apply). The following standards shall apply to root ball diameters:
[Amended 11-5-2014 by Ord. No. 397]
Caliper
(inches)
Minimum Root Ball Diameter
(inches)
3 to 3 1/2
32
3 1/2 to 4
38
4 to 5
42
5 to 6
54
F. 
Trees should be planted outside any underground utility line easements. Also, trees planted under overhead utility lines shall be of a type that when mature shall not substantially grow through such lines. To help prevent tree branches from growing into wires, the following guidelines are recommended: low-growing trees (e.g., maximum of 25 to 30 feet high at maturity) can be planted within 15 feet of utility wires and in narrow planting areas (at least three feet wide); medium-sized trees (e.g., 45 feet maximum height) should be planted a sufficient distance from overhead wires such that their branches do not extend within 15 feet of, or grow over, utility wires; large trees (e.g., over 45 feet high) generally should not be planted within 40 to 50 feet of utility wires nor within 35 feet of a building.
G. 
Trees shall be planted according to the following procedures:
(1) 
Dig hole 2 1/2 to three times the width and as deep as the root ball.
(2) 
Backfill with native/existing soil, removing any large debris.
(3) 
Create a circular ridge of soil at the edge of the root zone forming a saucer so that rainwater flows towards the tree roots.
(4) 
Always remove the nursery stake.
(5) 
Tree guying/staking. General tree staking/guying is not recommended except for the following:
(a) 
Where the tree falls over after the nursery stakes are removed.
(b) 
In high-wind areas.
(c) 
If required, guying/staking shall follow best current practices as approved by the Township's Plant Expert.
(6) 
If guyed, remove all tree guying material one year after planting.
[Amended 11-5-2014 by Ord. No. 397]
(7) 
All plantings should be mulched to a depth of three inches in a six-foot diameter ring around the base of each tree or continuous beds if trees or shrubs are less than six feet apart. Mulch should not be placed against tree trunks and should be placed four inches to six inches away from the tree trunk flare.
(8) 
Pruning. Based on best current ANSI A300 and ANSI Z60.1 practices, each plant shall be pruned to preserve the natural character of the plant.
[Amended 11-5-2014 by Ord. No. 397]
(9) 
Plant material. Trees shall be nursery grown stock of specimen quality. They shall be of symmetrical growth or typical of the variety and supplied from sources in the same hardiness zone as the development is located and free of insect or disease problems.
(10) 
Alternate planting methods are acceptable upon approval of the Township's Plant Expert.
(11) 
Approved street tree list (see Exhibit 1 located at the end of this chapter). Other native species not listed and native cultivars may be used with prior approval of the Township's Plant Expert.
H. 
Applicable standards.
[Added 11-5-2014 by Ord. No. 397]
(1) 
American National Standards for Tree Care Operations, ANSI A300. American National Standards Institute, 11 West 42nd Street, New York, NY 10036.
(2) 
American Standard for Nursery Stock, ANSI Z60.1. American Nursery and Landscape Association, 1250 Eye Street NW, Suite 500, Washington, DC 2005.
(3) 
Hortus Third, the Staff of the L.H. Baily Hortorium. 1976. MacMillan Publishing Co., New York.
(4) 
All standards shall include the latest additions and amendments as of the date of advertisement for bids.
(5) 
Any standards necessary for and incidental to the execution and completion of planting not expressly addressed by this section shall be found in the applicable standards specified herein.
[Amended 12-6-2004 by Ord. No. 346; 4-4-2007 by Ord. No. 368]
A. 
All buffer requirements of the Lower Makefield Township Zoning Ordinance[1] regarding requirements for buffers, type of buffer, buffer width and planted area shall be met.
[1]
Editor's Note: See Ch. 200, Zoning.
B. 
Type I buffer. Buffer design and plant materials (nonresidential/residential separation buffer and single-family/multifamily separation buffer) shall be as follows:
(1) 
A twenty-five-foot wide buffer is required.
(2) 
Berming shall be provided. Berms shall be between two and five feet in height and shall meander in a naturalistic fashion without adversely affecting drainage. Slope-to-height ratios shall not be less than three to one.
(3) 
Evergreen trees shall be a minimum of six feet in height and balled and burlapped or containerized; evergreens shall be planted in a naturalistic fashion, averaging one tree for each 20 feet of buffer, and planted in a manner as to not overtake walks, paths, sidewalks, drives and roadways at the planting's maturity. Evergreen trees shall be planted a minimum distance of 12 feet from any sidewalk.
(4) 
Shade trees shall be a minimum of three inches in caliper; one shade tree for every three evergreen trees.
(5) 
Ornamental flowering trees shall be a minimum of eight feet in height; minimum of two-and-one-half-inch-caliper. One flowering tree is required for every three evergreen trees.
(6) 
Shrubs shall be not less than three feet in height and planted in naturalistic groupings of mixed plant varieties and sizes in masses within mulched planting beds; five shrubs for every evergreen tree with not more than 75% being deciduous varieties and not less than 50% being ornamental flowering varieties.
(7) 
Groundcovering plants shall be 18 inches in height maximum at maturity; planted in masses with shrub beds at a rate of one per square foot of shrub bed area with a minimum of 10 plants for each shrub.
Summary of Type 1 Buffer Planting Requirements
Plant Types
Size
Plant Quantities Required
Evergreens
6 feet minimum height
1 evergreen per 20 feet of buffer length
Shade trees
14 feet minimum height; 3 inch minimum caliper
1 shade tree per every 3 evergreens or approximately 1 per 60 feet of buffer length
Ornamental flowering trees
8 feet minimum height; 2 1/2 inch minimum caliper
1 flowering tree per every 3 evergreens or approximately 1 per 60 feet of buffer length
Shrubs
Minimum of 3 feet in height
5 shrubs for every 1 evergreen tree or approximately 1 per 4 feet of buffer length
Groundcovering plants
18 inch maximum height at maturity
10 plants for every 1 shrub
C. 
Type II buffer. Buffer design and plant materials (reverse frontage buffer) shall be as follows:
(1) 
Minimum screened planted area of 25 feet closest to the street or bordering lot line.
(2) 
Preserve existing native trees and supplement with shade-tolerant evergreens, ornamental trees and shrubs selected from the Township's plant list. (See Exhibit 1 located at the end of this chapter.)
(3) 
Planted area shall completely screen the views of abutting yards from the street from ground level to six feet above ground level at plant maturity.
(4) 
Berming shall be provided; vertically and horizontally meandering berms suggesting a rolling landscape shall be incorporated into the grading design without adversely affecting drainage. Berms shall be two feet to five feet in height and shall vary in height and slope. Slope shall not exceed three to one.
(5) 
Planting requirements.
Plant Type
Size
Plant Quantities Required
Shade trees
14 feet minimum height; 3 inch minimum caliper
50 trees per 1,000 linear feet of buffer
Evergreen
6 feet minimum height
55 trees per 1,000 linear feet of buffer
Ornamental flowering trees
8 feet minimum height; 2 1/2 inch minimum caliper
10 trees per 1,000 linear feet of buffer
Shrubs
3 feet minimum height
150 shrubs per 1,000 linear feet of buffer
D. 
Type III buffer. Buffer design and plant material (farmland buffer) shall be as follows:
(1) 
The buffer width shall be 25 feet, in which a ten-foot-wide planted area is required.
(2) 
The farmland area shall be separated from the residential area by a five-foot-high chain link fence or approved substitute placed on the property line.
(3) 
The 10 feet immediately adjacent to the fence shall be planted with appropriate native species in informal groupings to achieve a naturalized farmland buffer as an adequate separation between farmland and developed land.
(4) 
The remaining 15 feet abutting the farmland shall be planted in grasses or wildflowers to be mowed or groundcover plants. Buffer areas having a slope of four to one or steeper shall require groundcover plantings.
(5) 
Planting requirements.
Plant Type
Size
Shade trees
14 feet minimum height; 3 inch minimum caliper
Evergreen
6 feet minimum height
Ornamental flowering trees
8 feet minimum height; 2 1/2 inch minimum caliper
Shrubs
3 feet minimum height
E. 
Type IV buffer. Buffer design and plant materials (separates institutional use from residences and accessory uses) shall be as follows:
(1) 
A twelve-foot-wide buffer area is required.
(2) 
Provide berming two feet to three feet in height with masses of evergreen, shade and ornamental trees and shrubs. All neighboring properties shall be screened from parking areas using a double row of ornamental shrubs or upright habit evergreens. The screening shrubs should be spaced to form a compact hedge.
(3) 
Planting requirements.
Plant Type
Size
Plant Quantities Required
Shade trees
14 feet minimum height; 3 inch minimum caliper
1 tree per 25 linear feet of buffer
Ornamental flowering trees
8 feet minimum height; 2 1/2 inch minimum caliper
Shrubs
3 feet minimum height
5 shrubs per each shade tree
F. 
Type V buffer. Buffer design and plant materials (vision screen for storage and maintenance activities) shall be as follows:
(1) 
A buffer wide enough to accommodate a fence and plantings abutting the fence, as described below, is required.
(2) 
A solid approved fence shall be provided and shall be placed within the building envelope and not in any required yard area. The fence height shall be adequate to provide a complete visual screen from adjoining properties but not to exceed eight feet in height. Fence details shall be provided with the landscape plan and are subject to approval by the Township.
(3) 
Along the exterior face of the fence there shall be a row of ornamental shrubs and/or evergreens in a hedge-like configuration planted at a rate to obscure the appearance of the fencing after a five-year growing period. Minimum shrub and upright habit evergreen height at planting shall be four feet.
G. 
Type VI buffer. Buffer design and plant materials (placed between a commercial, industrial and shopping center use and the street) shall be as follows:
(1) 
A ten-foot-wide buffer area is required.
(2) 
Shrubs with a planted minimum height of three feet shall be planted, with shade trees interspersed, in a continuous band with a spacing not exceeding five feet on center for shrubs and 30 feet on center for trees.
(3) 
Planting requirements.
Plant Type
Size
Shade trees
14 feet minimum height; 3 inch minimum caliper
Ornamental flowering trees
8 feet minimum height; 2 1/2 inch minimum caliper
H. 
Plant materials suitable for buffers may be found in Exhibit 1, Lower Makefield Township's Native Plant List, located at the end of this chapter. Plant materials suitable for buffer yards are listed in the following pages. These pages supplement the street tree/shade tree list in § 178-81.
I. 
Buffer yards within the Historic District. The following buffer standards shall apply and supersede all other provisions of this subsection for the Historic District, which includes all or a portion of the following zoning districts:
H-C
Historic Commercial
C-1
Commercial Neighborhood Shopping
R-2
Residential Medium Density
R-4
Residential Multiple-Family High Density
(1) 
Summary of buffer locations and types.
Types of Buffer
Required Locations
I
II
III
IV
V
Nonresidential/ residential separation buffers
X
Single-family/multifamily separation buffers
X
Farmland preservation buffer
X
Institutional/residential separation buffers
X
Residential accessory uses in residential districts
X
Visual screen for storage and maintenance activities
X
(2) 
Types of buffer.
(a) 
Nonresidential/residential separation buffers. A buffer shall be provided wherever a nonresidential use abuts a residential use or a residentially zoned district. The buffer shall be located on the nonresidential property and shall be located along the side and/or rear property line(s) abutting the residential use or district.
[1] 
A Type I buffer shall be required.
[2] 
The minimum buffer width shall be five feet.
[3] 
There shall be an approved solid board fence a minimum of five feet in height.
[4] 
For buffer design and plant materials, see Chapter 178, Subdivision and Land Development, for Type I buffer design and planting standards.
(b) 
Single-family/multifamily separation buffers. Buffers shall be provided wherever a multifamily residential development, single-family attached development or a mobile home park abuts a single-family residential use or district. The buffer shall be located on the multifamily or mobile home park property.
[1] 
A Type I buffer shall be required.
[2] 
The minimum buffer width shall be five feet.
[3] 
There shall be an approved solid board fence a minimum of five feet in height.
[4] 
For buffer design and plant materials, see Chapter 178, Subdivision and Land Development, for Type I buffer design and planting standards.
(c) 
Preserved open space buffer, such as woodland or farmland. A buffer yard shall be required adjacent to all preserved open space on the side where open space abuts adjacent residential uses or land zoned for residential uses.
[1] 
A Type III buffer shall be required.
[2] 
The minimum buffer width shall be five feet.
[3] 
There shall be a split rail fence with turkey wire attached, or approved substitute, a minimum of four feet in height.
[4] 
For buffer design and plant materials, see Chapter 178, Subdivision and Land Development, for Type III buffer design and planting standards.
(d) 
Institutional/residential separation buffers. A buffer shall be provided by an institutional use which abuts a residential use or residential district.
[1] 
A Type IV buffer shall be required.
[2] 
The minimum buffer width shall be five feet.
[3] 
There shall be an approved solid board fence a minimum of five feet in height.
[4] 
For buffer design and plant materials, see Chapter 178, Subdivision and Land Development, for Type IV buffer design and planting standards.
(e) 
Residential accessory uses in residential districts. A buffer shall be provided by a residential use where an accessory use has been permitted by special exception which shall separate parking areas and yard areas from adjacent residences or residential districts.
[1] 
A Type IV buffer shall be required.
[2] 
The minimum buffer width shall be five feet.
[3] 
There shall be an approved solid board fence a minimum of five feet in height.
[4] 
For buffer design and plant materials, see Chapter 178, Subdivision and Land Development, for Type IV buffer design and planting standards.
(f) 
Visual screen for storage and maintenance activities. An approved solid fence with evergreen plantings along the exterior face shall be required to be planted around storage areas and maintenance yards to provide security and a complete visual screen.
[1] 
A Type V buffer shall be required.
[2] 
The minimum buffer width shall be five feet.
[3] 
There shall be an approved solid board fence with a height in the range of a minimum of five feet to a maximum of seven feet.
[4] 
For buffer design and plant materials, see Chapter 178, Subdivision and Land Development, for Type V buffer design and planting standards.
(g) 
Parking lot periphery for commercial, institution and office use. A landscaped area with a minimum of five feet in width shall be provided at the periphery of all lots used for commercial, office or industrial activities.
[Amended 4-4-2007 by Ord. No. 368]
A. 
Where vegetation exists which can meet the objective of the buffer requirements, it shall be preserved and may be used to meet such buffer and planting requirements. To facilitate this requirement a vegetation study listing quantities, size, species and locations of existing plants must be prepared by the developer's RLA and/or CPH and verified by the Township's Plant Expert.
B. 
In areas of necessary disturbance, existing quality native vegetation may be relocated for use in other areas. Procedures for tree removal and areas of relocation shall be shown on the plan and material for relocation noted in the field by tagging trees for review and inspection by the Township.
C. 
In areas containing invasive or noxious weed plants, developers are encouraged to remove and destroy such plants to maintain the health of existing vegetated areas.
[1]
Editor's Note: Former § 178-84, Landscaping for detention basins, was repealed 4-4-2007 by Ord. No. 368.
[Amended 12-20-2006 by Ord. No. 363; 4-4-2007 by Ord. No. 368]
A. 
Tree protection areas shall be delineated to implement the standards contained in the Township Zoning Ordinance[1] and this chapter regarding preservation of trees and woodlands.
[1]
Editor's Note:: See Ch. 200, Zoning.
B. 
Tree protection areas shall be shown on the landscape plan submitted by the applicant.
C. 
Tree protection area. An area that is radial to the trunk in all directions of a tree. The tree protection area shall be 15 feet from the trunk of the tree to be retained, or the distance from the trunk to the dripline (the line marking the outer edge of the branches of the tree), whichever is greater. Where there is a group of trees or woodlands, the tree protection area shall be the aggregate of the protection areas for the individual trees. Trees located off site shall be given the same protection as the on-site trees when their tree protection area extends on to the site being developed.
[Amended 4-17-2019 by Ord. No. 418]
D. 
Protection from mechanical injury. Prior to construction the tree protection area shall be delineated by the following methods:
(1) 
The tree protection area that is delineated on the site prior to construction shall conform to the approved development plans.
(2) 
All trees scheduled to remain shall be marked; where groups of trees exist, only the trees on the edge need to be marked.
(3) 
A forty-eight-inch-high snow fence or other suitable fence, mounted on steel posts located eight feet on center, shall be placed along the boundary of the tree protection area.
(4) 
When the fencing has been installed, it shall be inspected and approved by the Township prior to commencing clearing and further construction. The fencing along the tree protection area shall be maintained until all work and construction has been completed. Any damages to the protective fencing shall be replaced and repaired before further construction shall begin.
(5) 
Trees being removed shall not be felled, pushed or pulled into a tree protection area or into trees that are to be retained.
(6) 
Grade changes and excavations shall not encroach upon the tree protection area.
(7) 
No toxic materials shall be stored within 100 feet of a tree protection area, including petroleum based and/or derived products.
(8) 
The area within the tree protection area shall not be built upon nor shall any materials be stored there either temporarily or permanently. Vehicles and equipment shall not be parked in the tree protection area.
(9) 
When tree stumps are located within 10 feet of the tree protection area, the stumps shall be removed by means of a stump grinder to minimize the effect on surrounding root systems.
(10) 
Tree roots which must be severed shall be cut by a backhoe or similar equipment with its cutting blade aligned perpendicular to a radial line from the tree. This method reduces the lateral movement of the roots during excavation, which if done by other methods could damage the intertwined roots of adjacent trees.
(11) 
Within four hours of any severance of roots, all tree roots that have been exposed and/or damaged shall be trimmed cleanly and covered temporarily with moist peat moss, burlap or other biodegradable material to keep them from drying out until permanent cover can be installed.
(12) 
Sediment, retention and detention basins shall not discharge into the tree protection area.
(13) 
Sediment, retention and detention basins shall not be located within the tree protection area.
(14) 
Trees shall not be used for roping cables, signs or fencing. Nails and spikes shall not be driven into trees.
E. 
Protection from grade change.
(1) 
When the original grade cannot be retained at the tree protection area line, a tree protection wall shall be constructed outside the tree protection area.
(2) 
To ensure the survival of trees, the following methods shall be used:
(a) 
The top of the tree protection wall shall be four inches above the finished grade level.
(b) 
The tree protection wall shall be constructed of large stones, brick, building tile, concrete blocks or treated wood beams not less than six inches by six inches. A means for drainage through the wall shall be provided so water will not accumulate on either side of the wall. Weep holes shall be required within any wall.
(c) 
Any severed roots as a result of excavation shall be trimmed so that their edges are smooth and are cut back to a lateral root if exposed.
F. 
Trees damaged during construction.
(1) 
Tree trunks and exposed roots damaged during construction shall be protected from further damage. Damaged branches shall be pruned according to National Arborist Association standards. All cuts shall be made sufficiently close to the trunk or parent limb but without cutting into the branch collar or leaving a protruding stub. All necessary pruning cuts must be made to prevent bark from being torn from the tree and to facilitate rapid healing.
(2) 
All trees which have been disturbed or have experienced damage to their roots or branches shall be fertilized. Trees shall be fertilized in early fall or mid-spring. Fertilizer grade shall have approximately three parts nitrogen to one part phosphorus and potassium (three to one to one ratio). Fertilizer shall be broadcast over the soil surface in an area twice the size of the tree protection area at a rate of one pound of nitrogen per 1,000 square feet.
G. 
Protection from excavations. When there is no alternative but to locate an electrical or other small utility line within a tree protection area, the Township shall determine the most desirable location for the line, and the following guidelines shall be used:
(1) 
Where possible, trenches should bypass the root area.
(2) 
Where trenches must be dug past the side of a tree, the following precautions shall be observed:
(a) 
Trenches shall be no closer to the trunk than half the distance from the dripline.
(b) 
Cut as few roots as possible.
(c) 
If roots have to be cut, cut them as cleanly as possible.
(d) 
Backfill the trench as soon as possible, avoiding soil compaction.
H. 
Tree replacement.
(1) 
No tree shown to remain on an approved subdivision or land development plan shall be removed without prior Township approval unless it is the cause of immediate danger to life or property.
(2) 
No tree shown to remain on an approved subdivision or land development plan other than that which is the cause of immediate danger to life or property shall be removed without Township approval based upon a determination that any of the following considerations exist:
(a) 
Affliction by a disease which threatens injury or destruction of other trees.
(b) 
Federal, state or Township laws, ordinances or regulations superseding this chapter require removal.
(c) 
The tree has been substantially damaged or has died.
(3) 
In the event that a tree over three-inches caliper which is shown on an approved plan to remain and which must be removed in accordance with Subsection H(1) or (2) above, such tree shall be replaced with a tree a minimum of three inches in caliper of the same species or as approved by the Township at a rate of one new tree for every tree removed.
(4) 
Replacement sizes; alternatives.
(a) 
Trees of 10 inches caliper or more which are proposed to be removed during any stage of development, grading and/or construction within a subdivision or land development shall be replaced with an approved tree or trees of the type provided for in this chapter. Said replacement trees shall meet the following size limitations:
[1] 
Trees with a diameter of 10 inches or more but less than 18 inches which are removed shall each be replaced with no less than four trees measuring 2 1/2 to three inches in caliper.
[2] 
Trees with a diameter of 18 inches or more but less than 30 inches which are removed shall each be replaced with no less than seven trees measuring 2 1/2 to three inches in caliper.
[3] 
Trees with a diameter of 30 inches or more which are removed shall each be replaced with no less than 10 trees measuring 2 1/2 to three inches in caliper.
(b) 
All trees to be removed shall be measured at a height of four feet above finished grade level. All replacement trees to be planted shall be measured at a height of six inches above the finished grade level in accordance with ANSI A300.
[Amended 11-5-2014 by Ord. No. 397]
(c) 
The required buffer trees as specified in § 178-82, the required street trees as specified in § 178-81, and the required parking lot trees as specified in Subsection § 178-57D shall be counted as replacement trees when planted on site.
[Added 11-5-2014 by Ord. No. 397; amended 4-17-2019 by Ord. No. 418]
(d) 
Replacement trees shall be selected in compliance with the Township's native plant ordinance. The priority shall be to plant the trees at the subdivision or land development site from which the trees are removed unless, with the Township's approval, the developer makes a payment to the Township in lieu of the on-site improvement.
[Added 11-5-2014 by Ord. No. 397]
[1] 
A replacement tree capital account ("tree bank") will be established by the Township where fees in lieu of on-site improvement shall be deposited. These funds shall be used for the purpose of planting replacement trees at approved locations in the Township.
[2] 
The contribution by the developer to the tree bank will be $347 per replacement tree. Three years after adoption of this subsection, and every three years thereafter, the contribution per replacement tree will be adjusted to reflect the compounded annual changes in the All Urban Consumers Price Index (CPI-U) as reported by the U.S. Bureau of Labor Statistics. Any increase in the amount of the tree bank contribution shall be memorialized by the approval of a resolution by the Board of Supervisors.
[Amended 7-21-2021 by Res. No. 2453]
[3] 
The contribution to the tree bank will be due at the time of the final execution of the development agreement with the Township.
[4] 
The amount of funds in the tree bank shall be specific at the Township's annual budget meeting and included in the budget as a line item.
[5] 
On an as-needed basis, the Environmental Advisory Council will advise the Township on possible uses of the tree bank funds, including where in the Township replacement trees can be planted and how they may be protected and maintained.
A. 
Open lands include the following:
[Added 11-15-2023 by Ord. No. 442[1]]
(1) 
Resource-protected lands, including farmland which is part of the a farmland preservation conditional use development.
(2) 
Open space as defined in § 178-11.
[1]
Editor’s Note: This ordinance also redesignated former Subsections A through G as Subsections C through I, respectively.
B. 
Open lands shall be owned and/or maintained by any one of the following entities, provided that there shall be no building, development or use of open lands, except as is consistent with the recorded plans and with the purposes of providing for open lands for recreation, conservation and the aesthetic satisfaction of the residents and/or general public:
[Added 11-15-2023 by Ord. No. 442]
(1) 
The Township of Lower Makefield;
(2) 
A property owners' association;
(3) 
The Farmland Preservation Corporation of Lower Makefield;
(4) 
A conservancy or land trust;
(5) 
The owner of a nonresidential development or multifamily development created pursuant to an approved subdivision or land development plan;
(6) 
An individual property owner with preserved open space subject to a recorded declaration of restrictions and/or conservation easement as approved by the Township.
C. 
Preliminary plan. The applicant of any proposed development in which open lands are required or proposed shall, at the time of submission of the preliminary plan, delineate on the plan those open land areas proposed for any of the uses indicating the usage of each area; what areas, if any, are proposed for public dedication; and what type of ownership and management are planned. The Board of Supervisors, at the time of approval of the preliminary plan, shall indicate those areas it is willing to dedicate to the Township. The Township shall have the option to take title to the open lands, unless it is farmland protected as part of a farmland preservation development, in which case the Farmland Preservation Corporation shall own the land. If the Township does not accept dedication, only one of the ownership methods listed in this section will be approved.
D. 
Final plan. The applicant of any proposed development in which open lands are proposed and in which any organization other than an individual lot owner is proposed for ownership shall, at the time of submission of the final plan, present documents creating and governing a property owners' organization and containing the declaration of covenants, restrictions, easements, changes and liens deemed necessary to own, manage and maintain the open lands and any associated recreational facilities. All documents pertaining to the conveyance and maintenance of the open lands shall meet the approval of the Township Solicitor as to legal form and effect with recommendations from the Planning Commission and the Park and Recreation Board as to suitability for the proposed use of the lands and be approved by the Board of Supervisors as part of the final plan approval.
E. 
Recorded plan and deed requirements. The recorded plan and the deeds must indicate that there shall be no additional building, development or use except as is consistent with the purposes of providing for open lands for recreation, conservation and the aesthetic satisfaction of the residents and/or general public. Any building, development or use shall be permitted only upon approval by the Board of Supervisors. The open lands shall be restricted against any future building, development or use except as is consistent with the purpose of the open lands. Such restriction shall be placed on the linen copy of the plan and restrictive covenants filed and recorded which are satisfactory in form and content to the Township Solicitor.
F. 
Dedication in fee simple to the Township of Lower Makefield. The municipality may, at the discretion of the Board of Supervisors, accept any portion or portions of the open lands, provided that:
(1) 
Upon the recommendation of the Lower Makefield Township Park and Recreation Board and Planning Commission it is determined that such land is suitable regarding size, shape, location and access, the Board of Supervisors may determine that such lands will benefit the general public of Lower Makefield Township.
(2) 
The Township agrees to and has access to maintain such lands.
(3) 
The titles be conveyed to the Township without cost and without restrictions.
(4) 
The Board of Supervisors shall adopt a resolution accepting a deed of dedication from the landowner.
G. 
Dedication in fee simple to any agency deemed appropriate by the Board of Supervisors which shall maintain the property for open land or recreation purposes in perpetuity.
H. 
By conveying an interest through fee simple or easement to a conservancy, land trust or property owners' association.
(1) 
The terms of such instrument of conveyance must include provisions suitable to the Township assuming such organization shall guarantee:
(a) 
The continued use of such land for the intended purpose in perpetuity;
(b) 
Continuity of proper maintenance for those portions of the open lands requiring maintenance;
(c) 
Available funds required for such maintenance;
(d) 
Adequate insurance protection;
(e) 
Provision for payment of applicable taxes;
(f) 
Recovery for loss sustained by casualty, condemnation or otherwise;
(g) 
The right of the Township to enter upon and maintain such property at the expense of the organization or the individual property owners in the event the organization fails to maintain the property; and
(h) 
Such other covenants and/or easements to fulfill the purposes and intent of this chapter.
(2) 
The following are prerequisites for such a corporation or association:
(a) 
It must be established and approved by the Township prior to final plan approval and the linens recorded before any homes or dwelling units are sold or leased or otherwise conveyed.
(b) 
Membership shall be mandatory for each buyer and/or lessee and any successive buyer and/or lessee. The organization papers shall specify the voting rights per unit. The organizational papers shall set forth the manner and time of transference of the organization and its assets from developer to homeowners.
(c) 
It shall be responsible for liability insurance, taxes, recovery for loss sustained by casualty, condemnation or otherwise and the maintenance of recreation and other facilities.
(d) 
Members or beneficiaries shall pay their pro rata share of the costs, and the assessment levied can become a lien on the property, including any maintenance and associated administrative costs incurred by the Township.
(e) 
It shall be able to adjust the assessment to meet conditions by a stated margin of votes.
(f) 
Such corporation or association shall not be dissolved nor shall it dispose of the open lands, by sale or otherwise, except to an organization conceived and established and approved by the Township to own and maintain the open lands. The corporation or association must first offer to dedicate the open land to the Township at no cost before any such sale or disposition of the open land.
(3) 
The dedication of open lands, streets or other lands in common ownership of the corporation, association or other legal entity or the Township shall be absolute and not subject to reversion for possible future use for further development.
I. 
Inclusion of resource-protected lands in fee-simple lots. Resource-protected open lands may be made part of fee-simple lots if the Township has been offered dedication of these lands and has refused a fee-simple dedication. By conveying the restrictive covenants, conservation easements or other legal device to the Township of Lower Makefield or to a conservancy or land trust, resource-protected land may remain as part of fee-simple lots provided that:
(1) 
The terms of such instrument of conveyance must include provisions to the Township for guaranteeing:
(a) 
The continued use of such land for the protection of resources.
(b) 
Such other conveyance and/or easement that the Township shall deem desirable to fulfill the purposes and intent of this chapter.
(2) 
The following are prerequisites for the conveyance of easements and deed restrictions:
(a) 
Such conveyance of the total open lands must transpire prior to any lots or dwelling units being sold, leased or otherwise conveyed.
(b) 
Each lot owner shall be responsible for liability insurance, taxes, recovery of loss sustained by casualty, condemnation or otherwise and the general maintenance thereon.
[Added 12-20-2006 by Ord. No. 363]
A. 
General.
(1) 
Open space shall not include land occupied by commercial, industrial, residential or other nonrecreational uses, land reserved for future parking areas for nonrecreational uses, stormwater management facilities, wastewater management facilities, and/or the yards or lots of dwelling units. Open space shall not include leftover areas, remnants of land remaining after lotting out, or other unusable areas (such as environmentally damaged or unremediated land or landfills).
[Amended 11-15-2023 by Ord. No. 442
(2) 
The location and layout of open space shall be configured to benefit residents adequately and to promote adherence to resource protection standards.
[Added 11-15-2023 by Ord. No. 442[1]]
[1]
Editor's Note: This ordinance also redesignated former Subsection A(2) through (6) as Subsection A(4) through (8), respectively.
(3) 
Open space is applicable to tracts of land consisting of 10 acres or more land.
[Added 11-15-2023 by Ord. No. 442]
(a) 
Not less than 25% of the total land area shall be designated as open space.
(b) 
No area designated as open space shall be smaller than (20,000) square feet.
(c) 
The open space shall be contiguous to lots within the cluster-designed development in conformity with § 200-75 of the Code.
(d) 
Consideration shall be given to the arrangement, location and landscaping of the open space so as to address its aesthetic and spatial relationship with the development clusters, the individual lots and the adjacent land uses.
(e) 
Open space should be arranged in such a manner so as to be within easy access and view of the dwelling units while preserving and enhancing the natural features and renewable resource potential of the site.
(f) 
Ownership of open space as required by this chapter shall be held in such form in conformance with § 200-74B of the Code.
(g) 
All open space designated under the Code shall be identified by the installation of a freestanding sign in accordance with § 200-83E(12) of the Code.
(4) 
The applicant shall provide a method of physically delineating private lots from open space areas. Such method shall include shrubbery, trees, markers or other methods acceptable to the Township. All plants shall be native in origin. Evergreens or shrubbery shall be a minimum height of two feet at the time of planting. Deciduous trees shall have a minimum trunk diameter of 2 1/2 inches at a height of six inches above the finished grade at the time of planting.
(5) 
Open space shall not include parcels with a length-to-width ratio of less than 4:1, or less than 75 feet in width, except for such lands specifically designed as neighborhood greens, playing fields, or trail links.
(6) 
Open space, except for land set aside for farmland, shall be directly accessible to the largest practicable number of lots within the subdivision. Nonadjoining lots shall be provided with safe and convenient pedestrian access to open space.
(7) 
Open space shall not include required buffer areas.
(8) 
Open space shall be linked with trails that are accessible to the residents of the subdivision. Consideration shall also be given to providing for public access on such trails if they are linked to other publicly accessible walkway systems within the Township. Provisions should be made for access to the open space, as required for land management and emergency purposes.