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.
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:
(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.
(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.
(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.