Township of Straban, PA Article X Resource Conservation and Open Space Delineation Standards

§ 117-53 Applicability.

The standards for resource conservation, as set forth in this article, shall apply to all cluster residential design subdivisions. The standards for open space delineation shall apply to all subdivision and land developments within a cluster residential development.

§ 117-54 Planning and design standards.

General standards to minimize adverse impacts. All subdivisions and land developments shall avoid or minimize adverse impacts on the municipality's natural, cultural and historic resources, as defined below.

A. Groundwater resources. This section is intended to ensure that the municipality's limited groundwater resources are protected for purposes of providing water supplies for its residents and businesses, and to protect the base flow of the municipality's surface waters. These regulations shall be applied in conjunction with those provided for in other sections of this chapter, dealing with groundwater conservation and replenishment.

(1) The proposed subdivision and land development of any tract shall be designed to cause the least practicable disturbance to natural infiltration and percolation of precipitation to the groundwater table, through careful planning of vegetation and land disturbance activities, and the placement of streets, buildings and other impervious surfaces in locations having the greatest permeability where precipitation is most likely to infiltrate and recharge the groundwater.

B. Stream valleys, swales, springs, and other lowland areas. The following activities shall be minimized:

(1) Disturbance to streams and drainage swales.

(2) Disturbance to year-round wetlands, areas with seasonally high water tables, and areas of surface water concentration.

(3) Because of their extreme limitations, stream valleys, swales and other lowland areas warrant designation as open space lands. They may also require adjoining buffer lands to be included in the open space to be determined by an analysis of the protection requirements of such areas on a case-by-case basis.

C. Woodlands.

(1) Woodland conditions in the Township represent one or more of the following resource values:

(a) As soil stabilizers, particularly on moderate to steep slopes, thereby controlling erosion into nearby streams, ponds, impoundments and roads. A closely related function is their enhancement of groundwater recharge.

(b) As a means of ameliorating harsh microclimatic conditions, in both summer and winter.

(c) As a source of wood products, i.e., poles, saw timber, veneer and firewood.

(d) As habitats for woodland birds, mammals and other wildlife.

(e) As recreation resources for walkers, equestrians, picnickers and other related outdoor activities.

(f) As visual buffers between areas of development and adjacent roads and properties.

(2) Woodland evaluation criteria shall include:

(a) Configuration and size.

(b) Present conditions, i.e., stocking, health and species composition.

(c) Site potential, i.e., the site's capabilities to support woodlands, based upon its topographic, soil and hydrologic characteristics.

(d) Ecological functions, i.e., in protecting steep slopes, erodible soils, maintaining stream quality and providing for wildlife habitats.

(e) Relationship to woodlands on adjoining and nearby properties and the potential for maintaining continuous woodland areas.

(3) The evaluation of a tract's woodlands shall be undertaken by the applicant by a forester, landscape architect, horticulturist or another qualified professional.

(4) In designing a subdivision and land development plan for any tract, the applicant shall be guided by the following standards:

(a) Healthy woodlands exceeding one acre shall be preserved and designed as open space areas, to the maximum extent possible. Proposed site improvements shall be located, designed and constructed to minimize the loss or degradation of woodland areas.

(b) Subdivisions shall be designed to preserve woodlands along roadways, property lines and lines occurring within a site such as streams, swales, stone fences and hedgerows. Such lines and the native vegetation associated with them shall be preserved as buffers between adjacent properties and between areas being subdivided within a property. Preservation shall include ground, shrub, understory and canopy vegetation.

(c) Disturbance or removal of woodlands occupying environmentally sensitive areas shall be undertaken only when approved by the Board of Supervisors and shall be selectively limited to vegetation which performs important soil stabilizing functions on wet soils, stream banks and sloping lands.

(d) No clearing or earth disturbance (except for soil analysis for proposed sewage disposal systems) shall be permitted on a site before the completion of subdivision and land development agreements. The determination of sight distance clearances along roadways shall be made graphically and not by clearing on site prior to final plan approval.

D. Upland rural-agricultural areas.

(1) These areas comprise fields, pastures, meadows, and former agricultural areas in early stages of woodlands succession, with fences, stone walls, tree copses and hedgerows typically bordered by stream valleys and upland woodlands.

(2) Compact clustered residential designs are preferred in these areas as opposed to woodlands.

E. Slopes.

(1) Areas of steep slope shall be preserved for moderately sloping lands (15% to 25%) and steeply sloping lands (over 25%).

(2) All grading and earthmoving on slopes exceeding 15% shall be minimized.

(3) No site disturbance shall be allowed on slopes exceeding 25% except grading for a portion of a driveway accessing a single-family dwelling when it can be demonstrated that no other routing which avoids slopes exceeding 25% is feasible.

(4) On slopes of 15% to 25%, the only permitted grading as described above shall be in conjunction with the siting of a single-family dwelling, its access driveway and the septic system (which should typically be designed with a long, narrow drainage field following the land contours).

(5) Grading or earthmoving on all sloping lands of 15% or greater shall not result in earth cuts or fills whose highest vertical dimension exceeds six feet to 12 feet. Roads and driveways shall follow the line of existing topography to minimize the required cut and fill. Finished slopes of all cuts and fills shall be as required to minimize disturbance of natural grades.

F. Significant natural areas and features. Natural areas containing rare or endangered plants and animals, as well as other features of natural significance existing in the Township shall be shown on the applicant's existing resources and site analysis plan and shall be either incorporated into the proposed open space areas or avoided.

G. Historic structures and sites. Plans shall be designed to protect existing historic structures and resources. The protection of an existing resource shall include the conservation of the landscape immediately associated with and significant to that resource, to preserve its historic context. The developer shall mitigate that impact to the satisfaction of the Board by modifying the design, relocating proposed lot lines, providing landscape buffers, or other approved means.

H. Historic rural road corridors and scenic viewsheds. The Straban Township Comprehensive Plan identifies a number of historic rural roads in the Township. All applications for subdivision and land development shall attempt to preserve the scenic visual corridors along such roads by incorporating them into open space areas, providing natural landscape buffers or otherwise providing for building setbacks and architectural designs to minimize their intrusion.

I. Trails.

(1) When a subdivision or land development proposal is traversed by or abuts an existing trail customarily used by pedestrians and/or equestrians, the Board of Supervisors may require the applicant to make provisions for continued use or expansion of a recreational trail.

(2) The applicant may alter the course of the trail within the tract for which development is proposed under the following conditions:

(a) The proposed trail shall exhibit quality trail design according to generally accepted principles of landscape architecture (For good examples: Bureau of State Parks publication on Non-Motorized Trails).

(b) The proposed trail does not coincide with a paved street intended for use by motorized vehicles.

(3) When trails are intended for public or private use, they shall be protected by a permanent conservation easement on the properties on which they are located. The width of the easement area in which the trail is located should be a minimum of 10 feet. The language of the conservation easement shall be to the satisfaction of the Board of Supervisors upon recommendation of the municipal solicitor or engineer.

(4) An applicant may propose and develop a new trail. If said trail is available for use by the general public and connects with an existing trail, the land area protected for said trail may be credited toward the open space requirement described in § 140-38 of the Zoning Ordinance.

(5) Trails shall have a vertical clearance of no less than 10 feet.

(6) Width of the trail surface may vary depending upon type of use to be accommodated, but in no case shall be less than five feet.

(7) No trail shall be designed with the intent to accommodate motorized vehicles.

J. Tree protection.

(1) Intent. This subsection regulates the removal of trees proposed in subdivision and land development plans. (See also § 117-54C concerning woodlands.) Trees contribute significantly to the community's scenic beauty and by preventing soil erosion, reducing flood hazards, improving air quality, neutralizing wastewater, stabilizing the groundwater table, moderating microclimate change, and protecting wildlife. Indiscriminate removal of trees would adversely affect the local economy by reducing the attractiveness and desirability of the area as a place to live, work, and visit.

(2) Applicability and scope. This section regulates the circumstances in which any tree with a trunk diameter in excess of specified dimensions may be removed, as defined in this subsection. The regulations of this section apply to all subdivision and land development plans, except as follows:

(a) Those portions of a property devoted to commercial nurseries and fruit orchards.

(b) Lands cleared for the production of Christmas trees by Christmas tree farms.

(c) Trees in a cemetery.

(d) Trees directed to be removed by municipal, county, state or federal authority pursuant to law; or by a public utility in a road right-of-way or a utility right-of-way or when authorized by the Pennsylvania Public Utility Commission.

(e) Trees removed for compliance with other Township ordinances such as building, zoning, and health ordinances.

(f) Trees which are dead; trees that are dying or diseased and are proven to be dying or diseased to the satisfaction of the Board of Supervisors or its agent; trees which have suffered substantial damage making them hazardous or unsustainable; or any tree whose angle of growth or root system demonstrates them to be a hazard to structures, roads, or human life.

(g) Trees removed on farmland that is larger than five acres and that will be actively and primarily devoted agricultural use yielding a minimum annual income of $500 from said use.

(h) Single-lot subdivisions.

(3) Removal of trees. No applicant or other entity, except those exempt as provided herein, shall remove from a proposed subdivision or land development more than three trees with trunks 18 inches or greater in diameter, measured at a point 4.5 feet above the natural grade without first obtaining a tree removal permit. The relocation of any tree regulated by this subsection, to another property or parcel shall be deemed a "removal".

(4) Removal, application procedures and conditions.

(a) All subdivision and/or land development plans that propose the removal of trees addressed by this subsection, shall be accompanied by a written request for approval to remove trees. The written request shall include a written statement indicating the reasons for removal of trees and a general description of the trees to be removed. Prior to the issuance of approval for tree removal, the Code Enforcement Officer or his agent shall conduct an on-site inspection to determine whether or not such removal or relocation conforms to the requirements of this subsection. The Codes Enforcement Officer shall recommend to the Board of Supervisors that it approve the removal of some or all of the trees requested to be removed if one or more of the following conditions is present:

[1] A necessity to remove trees that pose a safety hazard to pedestrian or vehicular traffic or threaten to cause disruption of public services.

[2] A necessity to remove trees that pose a safety hazard to buildings.

[3] A necessity to remove trees in order to construct proposed improvements as a result of:

[a] A need for access to the site for construction equipment because no alternative access is feasible;

[b] A need to locate a proposed structure where the trees are located, where alternative locations for the proposed structure are unfeasible;

[c] A need for access around structures during construction; or,

[d] A need to make essential grade changes to control water flow and drainage, and for the installation of utilities where no other installation is feasible.

(b) When none of the necessary reasons for tree removal or relocation as stated in this subsection exists, then the request for removal of trees shall be denied and the trees shall not be removed.

(5) Tree replacement requirement.

(a) Trees removed pursuant to an approved plan shall be replaced with two new trees ("replacement trees") for each tree removed, with trunks not less than three inches in diameter, measured two feet above the ground line.

(b) Trees required by any other law, regulation or ordinance as part of a buffer area or screen may not be counted as meeting the Tree Replacement Requirement, except in cases where trees removed were street trees or part of required buffer areas or screen.

(c) Replacement Trees shall be guaranteed by the applicant, his successors and assigns, or his landscaper for a period of three years. Any Replacement Tree that dies within this period shall be replaced by the applicant, his successors and assigns at his expense.

(d) Subsequent to the determination of those trees to be removed, the applicant may request that the Board of Supervisors to grant a modification of this requirement to provide some or all of the replacement trees herein required. The burden shall be on the applicant to prove that the purpose and intent of this chapter will not be thwarted or diminished by the requested modification.

§ 117-55 Design process for residential subdivisions with open space lands.

A. Resource inventory and analysis. The tract's resources for Cluster Residential Design developments shall be delineated on an existing resources and site analysis plan, as required by § 117-21C(2).

B. Four-step design process. Following the resource inventory and analysis, all residential subdivisions with open space lands shall generally follow a four-step design process as described in § 117-21C. Applicants are required to document the design process.

C. House sites should be located no closer than 50 feet from designated conservation lands.

D. Once house site locations have been identified, applicants shall delineate a street system to provide vehicular access to each house in a manner conforming to the tract's natural topography and providing for a safe pattern of circulation and ingress and egress to and from the tract.

E. Streets shall avoid or at least minimize adverse impacts on the open space areas. To the Greatest extent practicable, wetland crossings and new streets or driveways traversing slopes over 15% shall be avoided.

F. Street connections shall generally be encouraged to minimize the number of new culs-de-sac to be maintained by the Community Association and to facilitate easy access to and from homes in different parts of the tract (and to adjoining parcels).

G. A tentative network of trails shall also be shown, connecting streets with various natural and cultural features in the conserved open space Lands. Potential trail connections to adjacent parcels shall also be shown, in areas where a Township or County or School trail network is located or envisioned.

§ 117-56 Open space design review standards.

A. Prioritized list of resources to be conserved. The design of open space Lands in any subdivision or land development plan shall reflect the standards set forth in this article. To the fullest extent possible, the applicant shall incorporate into the open space any of the following resources if they occur on the tract:

(1) Stream channels, floodplains, wet soils, swales, springs and other lowland areas, including adjacent buffer areas which may be required to insure their protection.

(2) Significant natural areas of habitat of species listed as endangered, threatened, or of special concern, such as those listed in the Statewide Natural Diversity Inventory.

(3) Moderate to steep slopes, particularly those adjoining watercourses and ponds, where disturbance and resulting soil erosion and sedimentation could be detrimental to water quality.

(4) Healthy woodlands, particularly those performing important ecological functions such as soil stabilization and protection of streams, wetlands and wildlife habitats.

(5) Areas where precipitation is most likely to recharge local groundwater resources because of topographic and soil conditions affording high rates of infiltration and percolation.

(6) Hedgerows, groups of trees, large individual trees of botanic significance, and other vegetation features representing the site's rural past.

(7) Class I, II and III agricultural soils as defined by the USDA Natural Resource Conservation Service.

(8) Historic structures and sites.

(9) Visually prominent topographic features such as knolls, hilltops and ridges, and scenic viewsheds as seen from public roads (particularly those with historic features).

(10) Existing trails connecting the tract to other locations in the Township.

B. Other design considerations. The configuration of proposed open space lands set aside for common use in residential subdivisions shall comply with the following standards:

(1) Open space lands shall be free of all structures except historic buildings, stone walls, and structures related to open space uses. The Board of Supervisors may grant approval of the placement of water supply, storm drainage, sewage treatment, and water distribution uses within the open space. The area of the lands required for such uses may be credited towards the minimum open space area requirements for the tract, if at all, pursuant to § 140-38, Open space and common open space, of the Zoning Ordinance.

(2) They shall generally not include parcels smaller than three acres, have a length-to-width ratio of less than 4:1, or be less than 75 feet in width, except for such lands specifically designed as common open space areas, playing fields or trail links.

(3) They 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 lands.

(4) They shall be suitable for active recreational uses to the extent deemed necessary by the Board of Supervisors, without interfering with adjacent dwelling units, parking, driveways, and roads.

(5) They shall be interconnected wherever possible to provide a continuous network of open space lands within and adjoining the subdivision.

(6) They shall provide buffers to adjoining parks, preserves or other protected lands.

(7) The applicant shall provide for pedestrian pathways for use by the residents of the subdivision. Consideration shall be given to providing for public access on such trails if they are linked to other publicly accessible pathway systems within the Township. Ingress and egress provisions should be made for access to the open space lands, as required for land management and emergency purposes.

(8) They shall be undivided by public or private streets.

(9) They shall be suitably landscaped either by retaining existing natural cover and wooded areas and/or according to a landscaping plan to protect natural resources in open space lands.

(10) They shall be made subject to such agreement with the Township and such conservation easements duly recorded in the office of the Adams County Recorder of Deeds as may be required by the Board for the purpose of preserving the common open space.

(11) They shall be consistent with the Township's Comprehensive Plan and its open space policies.

C. Ownership and maintenance. Applicants shall demonstrate compliance with open space ownership and maintenance standards in § 140-39 of the Zoning Ordinance, as amended.

§ 117-57 Resource conservation standards for site preparation and cleanup.

A. Conservation practices during site preparation and cleanup.

(1) Protection of vegetation from mechanical injury. Where earthwork, grading, or construction activities will take place in or adjacent to woodlands, old fields or other significant vegetation or site features, the Board may require that the limit of disturbance be delineated on the final plan and vegetation protected through installation of temporary fencing or other approved measures. Such fencing shall be installed prior to commencing of and shall be maintained throughout the period of construction.

(2) Protection of vegetation from grading change. Grade changes to occur at any location of the property shall not result in a variation to the existing soil or drainage conditions which would adversely affect existing vegetation to be retained following site disturbance, unless adequate provisions are made to protect such vegetation and its root systems.

(3) Protection of vegetation from excavations.

(a) When digging trenches for utility lines or similar uses, disturbances to the root zones of all woody vegetation shall be minimized.

(b) If trenches must be excavated in the root zone, all disturbed roots shall be cut as cleanly as possible. The trench shall be backfilled as quickly as possible.

(4) Protection of topsoil.

(a) No topsoil shall be removed from the site.

(b) Prior to grading operations or excavation, topsoil in the area to be disturbed shall be removed and stored on site.

(c) Topsoil removed shall be redistributed and stabilized as quickly as possible following the establishment of required grades for a project or project phase. All exposed earth surfaces shall be stabilized by hydroseeding on slopes of less than 10%, and by using sod, hydroseeding, or rip-rap on slopes exceeding 10%.

(d) Grading and earthmoving operations shall be scheduled to minimize site disturbance during the period from November 1 to April 1, when revegetation of exposed ground is difficult.