Within the areas of the scope of this chapter as set forth in § 104-3, no person shall disturb any natural feature within Newtown Township identified in this article except in compliance with §§ 104-6 and 104-7. In assessing compliance with §§ 104-6 and 104-7, the Township may take into account the extent to which the property owner is taking other remedial or compensatory actions which would fulfill the same basic intent as to the conservation standards.
A. 
Conservation of surface and ground water resources. Any encroachment of streams shall be regulated as specified by Chapter 91, Flood Damage Prevention,[1] and Chapter 138, Soil Erosion and Sediment Control.
[1]
Editor's Note: Former Ch. 91, Flood Damage Prevention, adopted 8-11-1980 by Ord. No. 1980-12, as amended, was repealed 9-9-2002 by Ord. No. 2002-5. See now Ch. 172, Zoning, Art. XXB, Flood Hazard District.
B. 
Preservation of woodlands and other vegetation. Except in conjunction with routine property maintenance, disturbance to the following shall be minimized:
(1) 
Healthy, well-stocked woodlands. In instances where disturbance or tree cutting is unavoidable or considered desirable in accordance with sound forest management practice, an effort shall be made, with consultation from a qualified professional, to retain as much of the woodland of a size and configuration which would promote its growth and natural regeneration.
(2) 
Vegetation, other than woodlands, providing wildlife food and cover or visual amenity. This may include, but not necessarily be limited to, single or groups of specimen trees, hedgerows and other vegetation not considered as woodland.
C. 
Conservation of sloping lands. Any site disturbance on slopes exceeding 15% shall comply with Chapter 134, Slope Conservation.
A. 
Protection of vegetation from mechanical injury and grading change.
(1) 
All trees to be retained within 25 feet of a building, parking or other proposed improvement shall be protected during construction from equipment damage by snow fencing or other effective barriers.
(2) 
Heavy equipment operators shall exercise caution in the operation of such equipment so as to minimize damage to trees.
(3) 
Tree trunks and tree roots damaged during construction shall be treated to salvage these plants. Bark damage shall be scar traced back to healthy tissue to promote proper healing. Root damage shall be treated by cutting back damaged areas to sound tissue and backfilling soil over the root system. Should an extensive portion of the root system require removal, a comparable amount of branching shall be removed to balance the effect of the root removal.
(4) 
Trees shall not be used to secure or support cables, ropes, signs, fencing or other objects.
(5) 
The area beneath the tree branching and over the root system within the dripline shall remain undisturbed. Equipment storage, material storage, debris and fill material shall not be permitted within the area of the dripline, unless approved by the Township.
(6) 
All grade changes shall reflect proper surface water drainage so as not to adversely affect vegetative growth or cause other possible damage.
B. 
Protection of vegetation from excavations.
(1) 
When digging trenches for utility lines or similar uses, disturbance to the root zones of all woody vegetation shall be minimized.
(2) 
If trenches must be excavated in the root zone, all disturbed roots shall be cut back to healthy tissue and the trench backfilled as soon as possible. The branching of trees with damaged root systems shall be trimmed and thinned out to balance the removal of damaged roots.
C. 
Protection of topsoil.
(1) 
Topsoil shall be stripped and stockpiled from all areas of construction. No topsoil shall be removed from a site unless a sufficient quantity is retained to provide at least six inches of topsoil cover over all of the disturbed surfaces of the site.
(2) 
Topsoil removed by grading operations shall be redistributed and stabilized as soon as possible following the completion of a phase of work or the entire project. All exposed earth surfaces shall be stabilized by the following methods or approved equal:
(a) 
Seeding or planting of slopes with a gradient of 30% or less steep.
(b) 
Sodding, hydroseeding or riprap of slopes with a gradient of 30% or more steep, and all swales designed to carry stormwater.
(3) 
Grading and earthmoving operations shall be scheduled so as to minimize site disturbance during the period when the soil is frozen.
D. 
Protection during cleanup.
(1) 
All construction debris shall be hauled away from the site. Materials shall not be burned or buried on the site.
(2) 
Any protective fences and barriers used during construction shall be removed upon completion of construction.