Township of Conewago, PA Article V Environmental Protection

§ 155-137 Purpose.

In accordance with sound community and site planning principles, this article provides for requirements that are imposed upon proposed uses and activities that, because of their location, pose a threat to the environmental integrity of the Township and thereby threaten public welfare. The respective sections of this article impose necessary restrictions to ensure environmental stewardship and require an applicant to engage a proper site planning process.

§ 155-138 Effect on other provisions.

A. The provisions of this article are designed to supplement the provisions contained elsewhere in this chapter. In those instances where design, application, review and/or performance criteria contained herein differ from those imposed elsewhere in this chapter, the most restrictive standard shall apply. However, all other provisions of all other articles of this chapter and all other ordinances of the Township shall remain in full force.

B. This section shall expressly not prohibit land management practices which are intended to ecologically improve any wetland, woodland, stream, lake or pond, provided that all necessary permits have been obtained from the Pennsylvania Department of Environmental Protection and all other applicable regulatory entities.

§ 155-139 Feature identification procedures.

A. Feature identification. All applications for new uses that involve land disturbance (except agricultural tilling and gardening) and/or development shall be required to conduct an investigation that identifies all natural and cultural features located on the subject property. Such investigation can include literary research and aerial photograph interpretation through on-site verification. It is noted that the Township has preliminarily identified specific natural and cultural features as depicted upon the Conewago Township Natural and Cultural Features Map,[1] which is hereby incorporated as part of this chapter. However, other known sources and inventories shall also be used as needed (e.g., soil surveys, GIS data, topographic maps, geologic maps and reports, well drilling reports, etc.). Such investigation shall be comprehensive, detailed and conducted using professional and generally accepted practices by qualified personnel with demonstrated knowledge and expertise in the subject for each respective natural and/or cultural feature.

[1] Editor's Note: Said map is included at the end of this chapter.

B. Preparation of natural and cultural features site plan and report. Next, the applicant shall be required to prepare a detailed natural and cultural features site plan depicting the extent and location of the various natural and cultural features as regulated by this article. Except as noted for accessory use and/or individual dwelling unit zoning permit applications as described in § 155-140B, such site plan shall be prepared to the specifications and at the same scale as required for a sketch/preliminary plan as regulated by the SLDO.[2] In addition, the applicant shall prepare a report that demonstrates compliance with all applicable requirements of this article. Such site plan and report shall be prepared by qualified personnel with demonstrated knowledge and expertise in the subject for each respective natural and/or cultural feature. The sources of all discovered natural and cultural features should be documented upon the site plan and contained within the report, as well as the qualifications of the preparer.

[2] Editor's Note: See Chapter 135, Subdivision and Land Development.

C. Disputes over the presence/location of natural or cultural features. Should a dispute concerning the presence, extent and/or location of a particular natural or cultural feature arise, the initial determination of the Zoning Officer may be appealed to the Zoning Hearing Board in accordance with § 155-174E of this chapter. In such instances, the burden of proof shall rest with the applicant.

§ 155-140 Review procedures.

A. Review of uses requiring subdivision/land development approval. For uses that require subdivision and/or land development (both as defined herein) approval, the natural and cultural features site plan and report shall be submitted as part of the sketch/preliminary application requirements as listed in the SLDO.[1] Such materials shall be reviewed and approved by the Board of Supervisors, after review by the Planning Commission and/or any other specified agent of the Township, in accordance with the procedures contained within the SLDO. Should the Board of Supervisors determine that the applicant's submission does not adequately address the relevant natural and cultural features, or that the proposed use, by nature or design, cannot be accomplished in a manner that is compatible with the relevant natural and cultural features, the application shall be denied. As an alternative, the Board may approve the application with conditions imposed that directly overcome the application's deficiencies. Finally, should the applicant request, under § 135-14 of the SLDO, the Township may grant waivers under any section of this article of this chapter during the subdivision or land development process.

[1] Editor's Note: See Chapter 135, Subdivision and Land Development.

B. Review of uses requiring only zoning permit approval. For uses that do not require subdivision and/or land development (both as defined herein) approval, the natural and cultural features site plan and report shall be submitted as part of the zoning permit application requirements as listed in § 155-181 of this chapter. Applications for individual dwelling units and/or accessory uses merely need to present sufficient information to demonstrate that the proposed use in no way violates any of the regulations imposed on the respective natural and cultural features located on the subject property, subject to the Zoning Officer's right to require supplemental information. All such materials shall be reviewed and approved by the Zoning Officer, after review by any specified agent of the Township, in accordance with the procedures contained within § 155-181 of this chapter. Should the Zoning Officer determine that the applicant's submission does not adequately address the relevant natural and cultural features, or that the proposed use, by nature or design, cannot be accomplished in a manner that is compatible with the relevant natural and cultural features, the zoning permit application shall be denied.

§ 155-141 Submission of required management report.

Depending upon the presence of those natural and cultural features contained upon the site, the applicant for uses that require subdivision and/or land development (This section shall not apply to uses reviewed under § 155-140B of this chapter.) shall be required to submit a written management report detailing the specific actions being employed to protect and manage the respective features. Such management report shall be prepared under the responsible charge of a Pennsylvania-licensed professional and should be signed and sealed by such professional for each respective natural and/or cultural feature and include the following minimum requirements:

A. Description of methods used to ensure the perpetual protection of those natural and cultural features contained on the site in accordance with the regulations of this Article V.

B. Description of methods used to protect those vulnerable natural and cultural features from grading and construction activities during any proposed development or disturbance on the site.

C. Description of suitable long-term maintenance and management strategies of any required improvements, plantings, mitigating features and/or any other methods required under this Article V.

D. Description of ownership and maintenance responsibilities and methods to enforce compliance with the requirements of this article.

§ 155-142 Floodplains.

All uses within Conewago Township shall be required to comply with Chapter 83, Floodplain Management, of the Code of the Township of Conewago.

§ 155-143 Riparian buffers.

A. Purpose. The requirements of this section help to create and/or restore wooded buffers along important watercourses and surface water bodies upon the Township's landscape. Specific measures will promote beneficial vegetation to reduce harmful erosion, absorb nutrients, reduce surface water pollution, offer year-round nourishment and habitat for animal wildlife both within and adjoining the water feature, reduce surface water temperature, offer interconnected linear paths for habitat migration and close-to-home passive open spaces amid the developing landscape.

B. Applicability. Any application for subdivision and/or land development for any property adjoining any channel of conveyance of surface water having a defined bed and banks, whether natural or artificial, with perennial or intermittent flow shall provide a riparian buffer in accordance with the following standards or, in the alternative, as approved by the Adams County Conservation District (ACCD) with input from the Township. (It is noted that landowners are encouraged to review the manual entitled "A Guide for Establishing and Maintaining Riparian Forest Buffers," published by the Chesapeake Bay Program.) Any property adjoining a watercourse, water body, or portion thereof, that is typically inundated throughout the year shall provide a riparian buffer in accordance with the following standards or as approved by the Adams County Conservation District. (It is noted that landowners are encouraged to review the manual entitled "Pennsylvania Handbook of Best Management Practices for Developing Areas," published by the Pennsylvania Association of Conservation Society, Keystone Chapter, Soil and Water Conservation Society, DEP and NRCS.)

C. Riparian buffer delineation.

(1) The applicant shall clearly depict upon the Natural and Cultural Features Map[1] the proposed riparian buffer as approved by the Adams County Conservation District (ACCD), along with written verification from the ACCD of their review and approval of the proposed riparian buffer design.

[1] Editor's Note: Said map is included at the end of this chapter.

(2) As an alternative, the applicant shall clearly depict upon the Natural and Cultural Features Map the proposed riparian buffer comprised of the following three separate zones:

(a) Zone 1: the landward area located between the stream bank edge under typical flow conditions, or the high-water level for pond or lake shorelines at the high-water level and 15 feet, as measured directly perpendicular from the stream bank/shoreline edge.

(b) Zone 2: the area beginning at the inland edge of the above-described Zone 1 and the largest combined width of all of the following:

[1] Fifty feet, as measured directly perpendicular from the stream bank/shoreline edge;

[2] The one-hundred-year floodplain;

[3] Any adjoining identified wetlands; and/or

[4] Any adjoining area characterized by slopes exceeding 25%.

(c) Zone 3: the area beginning at the inland edge of the above-described Zone 2 and extending at least 10 feet inland therefrom. Where a pasture is proposed just beyond the above-described Zone 2, no Zone 3 is required.

D. Riparian buffer plantings.

(1) Each of the respective zones of the riparian buffer shall include vegetation that already exists or will be planted and maintained by the applicant using selective native species as listed in § 155-143D(2) of this chapter. Invasive or noxious species, as defined herein, are prohibited. The applicant shall submit expert evidence that the existing and/or proposed vegetation satisfies the following objectives that shall include a graphic depiction of proposed plantings and a schedule of vegetative species:

(a) Zone 1. This zone must include large maturing canopy trees and a ground cover of native seasonal grasses. New tree plantings should be selected, arranged and managed to accelerate canopy growth and offer native species habitat and food supply. New grass plantings shall be selected and managed to filter out pollutants and offer habitat. All vegetation selected for this zone must thrive in wet conditions;

(b) Zone 2. This zone must include large maturing canopy trees generally three rows deep with a natural undercover. New tree plantings shall be selected that are rapid-growing to intercept passing nutrients. Such trees shall be arranged and managed to accelerate canopy growth and offer native species habitat and food supply. Successive understory plants shall be allowed to evolve with the canopy of this zone; and

(c) Zone 3. This zone shall be planted with warm season grasses that are allowed to mature naturally without mowing. The tall grasses shall be managed to produce uniform overland stormwater flows that do not channel into Zone 2. New grass plantings shall be selected and managed to enable controlled grazing or haying so long as the grasses are not reduced to a point such that they no longer effectively disperse the surface flow.

(2) Vegetation selection. To function properly, dominant vegetation in the riparian buffer shall be selected from the following list of selective native buffer plants most suited to the riparian buffer. Plants not included on this list may be permitted by the Township when evidence is provided from qualified sources certifying their suitability for substitution. The Township may require species suitability to be verified by local qualified experts at the United States Fish and Wildlife Service, the National Resource Conservation Service, the Adams County Conservation District, the Penn State Cooperative Extension and/or other state and federal forest agencies.

	Selective Native Buffer Plants List* (botanic name/common name)
	Ferns Osmunda cinnamomea/Cinnamon fern Osmunda claytoniana/Interrupted fern Onoclea sensibilis/Sensitive fern
	Grasses and Sedges Andropogon gerardii/Big blue stem Carex scoparia/Broom sedge Cyperus strigosus/False nut sedge Carex lurida/Lurid sedge Elymus riparius/Riverbank wild rye Carex vulpinoidea/Sedge Juncus effusus/Soft rush Panicum virgatum/Switch grass Carex stricta/Tussock sedge Elymus virginicus/Virginia wild rye Scirpus cyperinus/Wool grass
	Flowering Perennials Penstemon digitalis/Beard-tongue Gentiana andrewsii/Bottle gentian Verbena hastate/Blue vervain Sisyrinchium angustifolium/Blue-eyed grass Eupatorium perfoliatum/Boneset Lobelia cardinalis/Cardinal flower Rudbeckia laciniata/Cut-leaf coneflower Veronia noveboracensis/Ironweed Arisaema triphyllum/Jack-in-the-pulpit Eupatorium fistulosum/Joe-pye weed Aster novae-angliae/New England aster Mitchella repens/Partridgeberry Aster puniceus/Purple stemmed aster Solidago gigantean/Smooth goldenrod Asclepias incarnate/Swamp milkweed Thalictrum pubescens/Tall meadowrue Verbesina alternifolia/Wingstem Geranium maculatum/Wood geranium
	Shrubs Sambucus Canadensis/American elderberry Viburnum dentatum/Arrowwood Aronia melanocarpa/Black chokeberry Cephalanthus occidentalis/Buttonbush Gaylussacia frondosa/Dangleberry Vaccinium corymbosum/Highbush blueberry Lyonia ligustrina/Maleberry Physocarpus opulifolius/Ninebark Viburnum recognitum/Northern arrowwood Salix discolor/Pussy willow Aronia arbutifolia/Red chokeberry Rhododendron maximum/Rosebay Cornus amomum/Silky dogwood Salix sericea/Silky willow Lindera benzoin/Spice bush Cornus racemosa/Swamp dogwood Rosa palustris/Swamp rose Ilex verticillata/Winterberry holly Hamamelis virginiana/Witch-hazel
	Trees Fagus grandifolia/American beech Tilia Americana/Basswood Fraxinus nigra/Black ash Nyssa sylvatica/Black gum Juglans nigra/Black walnut Salix nigra/Black willow Fraxinus pennsylvanica/Green ash Carpinus caroliniana/Hornbeam Cornus alternifolia/Pagoda dogwood Quercus palustris/Pin oak Acer rubrum/Red maple Betula nigra/River birch Amelanchier arborea/Shadbush Carya ovata/Shagbark hickory Acer saccarinum/Silver maple Quercus bicolor/Swamp white oak Betula lenta/Sweet birch Platanus occidentalis/Sycamore Liriodendron tulipifera/Tulip tree

	NOTES:
	*	Source: Morris Arboretum of the University of Pennsylvania.

E. Riparian buffer maintenance.

(1) Riparian buffers must be generally undisturbed. Mature trees and long grasses absorb more nutrients than do manicured plants. Similarly, the more extensive root systems retain passing sediments. These characteristics reduce pollution and yield abundant food and habitat for wildlife. The temptation to over-maintain the streamside must be overcome.

(2) Where riparian buffers are to be located upon common property, the applicant must include a working plan that ensures perpetual maintenance of such buffer zones as specified in this § 155-143E.

(3) Where riparian buffers are to be located upon private property, the applicant must include a legally binding instrument (e.g., easement, covenant, deed restriction, etc.), in a form acceptable to the Township Solicitor, which shall designate Conewago Township as the grantee and ensure perpetual maintenance of such buffer zones as specified in this § 155-143E. Then, all affected landowners shall be required to abide by such legal instrument.

(4) The following lists required maintenance activities for each zone:

(a) Zone 1. This zone compels little maintenance. As trees mature, die and decay, it is important that such natural debris be allowed to decompose within the stream. This will provide important food and habitat for beneficial microorganisms, fish and amphibious animals. However, any debris that may cause a rise in the floodplain due to obstruction or displacement shall be removed promptly. Streamside grasses shall be allowed to seasonally flourish and recede. Streamside cleanup of junk and man-made debris is permitted.

(b) Zone 2. This zone requires the most attention, but not for some time after initial planting. Here, the objective is to develop a stable and broad canopy of tree cover. The trees within Zone 2 are fast-growing and therefore consume many nutrients. The regular pruning and trimming of these trees will increase their nutrient consumption and growth rate and decrease the time for establishment as a closed-canopy buffer, but should not jeopardize the important overhead canopy of shade. The natural understory shall be undisturbed, except for periodic litter cleanup.

(c) Zone 3. This zone also requires little maintenance. Long summer grasses shall be allowed to flourish and recede with the seasons. Grazing and haying are permitted so long as the residual grass length is sufficient to disperse overland stormwater flows into Zone 2 and avoid channelization.

F. Riparian buffer use.

(1) Permitted uses. No use shall be permitted that interferes with the natural maturation of the above-described buffer plantings, except as follows:

(a) Corridor crossings for farm vehicles and livestock and livestock watering facilities, all of which are accompanied by written evidence of approval of a water obstruction permit by the ACCD.

(b) Corridor crossings for farm vehicles and livestock and livestock watering facilities, all of which are accompanied by written evidence of approval by the ACCD of implementation and maintenance of erosion and sediment control best management practices.

(c) Corridor crossings for roads and railroads, provided that such crossings are accomplished upon the least possible land area, and disruption of the adjoining riparian buffer is minimized.

(d) Public sewer lines, public waterlines and public utility transmission lines, provided such lines are installed in such a manner that is most compatible with the installation and ongoing maintenance of the required buffer plantings as described in § 155-143D of this chapter.

(e) Passive recreation uses that prevent the harmful compaction of soil, tree root damage and avoid the channelization (natural or man-made) of surface water flow. Pedestrian paths can weave through Zone 2, but shall be provided with raised walkways. Impervious surface lot coverage is expressly prohibited.

(f) Application of pesticides and herbicides that are specifically approved for the treatment and/or removal of invasive and/or noxious species within close proximity of watercourses, provided such pesticides and herbicides are used in strict accord with label instruction; any materials applied as part of a county- and/or state-approved pest control program (e.g., West Nile Virus, etc.).

(2) Prohibited uses. The following uses and activities are expressly prohibited within a riparian buffer. This listing of prohibited uses and activities shall not be interpreted to permit other activities not listed, unless they are permitted by § 155-143F(1) of this chapter:

(a) Except as permitted in the above § 155-143F(1), any use that interferes with the natural maturation of the buffer plantings required in § 155-143D of this chapter.

(b) Except as permitted in the above § 155-143F(1), any use that interferes with the maintenance of the buffer plantings required in § 155-143E of this chapter.

(c) Storage and/or disposal of any toxic, hazardous or noxious materials and substances.

(d) Except as permitted in the above § 155-143F(1)(f), the application of fertilizers, pesticides, herbicides and/or other chemicals in excess of that permitted on an approved conservation and/or nutrient management plan as approved by the ACCD and/or local office of the USDA Pennsylvania Natural Resources Conservation Service.

(e) Application of fertilizers, pesticides, herbicides and/or other chemicals in excess of prescribed industry standards or the recommendations of the ACCD.

(f) Areas devoted to the on-site absorption of sewage effluent and/or agricultural fertilizers, including but not limited to manure.

§ 155-144 Wetlands and wetland buffers.

A. Purpose.

(1) The requirements of this section help to protect valuable wetlands that:

(a) Supply food and habitats for wildlife.

(b) Recharge groundwater, particularly during periods of drought.

(c) Offer breeding, spawning, feeding, and cover for fish and amphibians.

(d) Provide important nesting, migrating and wintering areas for waterfowl.

(e) Naturally store surface waters during floods and storms.

(f) Purify groundwater and surface water by filtering and assimilating pollutants.

B. Applicability and use. Any property containing a wetland and/or wetland buffer, or portion thereof, shall clearly depict such area upon the natural and cultural features site plan. Such area shall be permanently protected from filling, grading, clearing, water diversion and/or development.

C. Wetland and wetland buffer delineation.

(1) Wetlands shall be delineated by qualified experts having formal training and experience and using the techniques set out by the following referenced manuals:

(a) The United States Army Corps of Engineers Technical Report Y87-1, Corps of Engineers Wetlands Delineation Manual;

(b) The United States Environmental Protection Agency Wetlands Identification Delineation Manual, Volume I, Rational, Wetland Parameters, and Overview of Jurisdictional Approach, Volume II, Field Methodology, as most recently updated or modified; or

(c) The Pennsylvania Department of Environmental Protection's Wetlands Identification and Delineation, Chapter 105, Dam Safety and Waterways Management Rules and Regulations, as most recently updated or modified.

(2) Wetland buffers shall be established using the combination of the following methods that delineates the greatest land area:

(a) A width of 50 feet from the outside edge of that identified wetland as described in the above § 155-144C(1).

(b) Any area adjoining a wetland that possesses upward slopes in excess of 10%, up to a maximum of 50 feet from the outside edge of the identified wetland.

§ 155-145 Steep slopes.

A. Purpose. The requirements of this section help to protect sensitive areas of steep slope that:

(1) Reduce rapid stormwater runoff.

(2) Minimize harmful soil erosion.

(3) Prevent developments upon unstable soil conditions.

(4) Prevent the installation of hazardous roads, access drives and driveways.

B. Applicability and use. Any property containing steep slopes (as defined herein) shall clearly depict such area upon the natural and cultural features site plan. Except as exempted by §§ 155-145F and 155-145H(1) and permitted by § 155-145G of this chapter, such area shall be permanently protected from disturbance and/or development (i.e., note on plan, recorded easements, etc.).

C. Steep slope delineation. A topographic map of the site which depicts and distinguishes those areas that possess slopes exceeding 15% and 25%, respectively, shall be incorporated into the natural and cultural features site plan.

D. Required individual lot grading plans and permits. Unless subject to a subdivision or land development surety agreement and except as noted in § 155-145F of this chapter, any action involving an area of disturbance (as defined herein) shall require the submission of an individual lot grading plan to the Zoning Officer as part of the zoning permit review and approval process in accordance with §§ 155-31 and 155-181 of this chapter. Furthermore, any area of disturbance proposed subsequent to the approval of a prior individual lot grading plan and as-built plan that was not depicted on a prior individual lot grading plan shall require submission of a revised individual lot grading plan and as-built plan and issuance of another zoning permit in accordance with the provisions set forth in §§ 155-31 and 155-181 of this chapter.

E. Subdivision and/or land development plans submission. As a requirement for preliminary subdivision and/or land development plan approval, the applicant shall demonstrate that the requirements of this § 155-145 shall be achieved for each new lot and/or principal use proposed.

F. Road improvement exemptions. The disturbance of steep slopes for widening, alignment improvement or sight distance improvements of an existing street for public safety reasons or that are required by, approved by or accomplished by the Township or PennDOT are expressly exempted from the requirements of this section.

G. Limits on area of disturbance. The total area of disturbance that is permitted upon steep slopes shall be limited on each individual lot as follows:

(1) Thirty percent of the aggregate areas of existing natural slopes of 15% to 25%.

(2) Fifteen percent of the aggregate areas of existing natural slopes greater than 25%.

(3) The above limits listed in §§ 155-145G(1) and 155-145G(2) shall not apply to contiguous areas of steep slope disturbance involving less than 5,000 square feet.

H. Existing lots. The following provisions shall apply to any lot that was lawful when created and which was in separate ownership duly recorded by plan or deed prior to the effective date of this chapter:

(1) Improved lots. For lots that contained a principal structure, any future area of disturbance proposed shall require submission of a revised individual lot grading plan and as-built plan and issuance of a zoning permit in accordance with the provisions set forth in § 155-31 of this chapter, but the limitations of §§ 155-145G(1) and 155-145G(2) shall not apply.

(2) Unimproved lots. For lots without a principal structure, any future area of disturbance proposed shall require submission of a revised individual lot grading plan and as-built plan and issuance of a zoning permit in accordance with the provisions set forth in § 155-31 of this chapter that shall demonstrate compliance with this § 155-145.

§ 155-146 Pennsylvania Natural Diversity Inventory (PNDI) sites.

A. Purpose. The requirements of this section help to protect sensitive areas of wildlife habitat, natural communities and geological features that:

(1) Have been formally identified as a species of concern by federal and state authorities.

(2) Contribute to the biodiversity and health of the Township's ecosystems.

(3) Are worthy of protection and consideration during the development review process.

B. Applicability and use. Any identified Pennsylvania Natural Diversity Inventory site, or any portion thereof, shall be protected and managed in accordance with specific findings attributed to the particular feature and location to be determined as follows.

C. Site identification. Any property containing an identified Pennsylvania Natural Diversity Inventory site, or any portion thereof, shall clearly depict such site upon the natural and cultural features site plan. Preliminary site locations are depicted upon the Natural Features Map; however, all locations should be verified with the latest information available as described as follows. Applicants for proposals with such features shall be required to engage a proper PNDI project environmental review through the Pennsylvania Natural Heritage Project. The following is an internet web link for such reviews: http://www.naturalheritage.state.pa.us/.

D. Site protection and management. Any application with such a feature(s) shall require the preparation of a statement by a qualified expert, which includes the following minimum considerations:

(1) A written description of the feature's local, regional, state, and national importance shall be furnished.

(2) Written evidence from the Pennsylvania Natural Diversity Inventory that indicates:

(a) There are no potential impacts anticipated with the special concern species or resources in the project area and that no further coordination is required with PNDI jurisdictional agencies. The applicant shall be required to submit a no-impact receipt from PNDI.

(b) There are potential impacts anticipated with the special concern species or resources in the project area and that the applicant has gained written recommendations and/or clearance letters from the respective PNDI jurisdictional agencies as follows:

[1] For listed, proposed and candidate species under the Federal Endangered Species Act, the United States Fish and Wildlife Service, Endangered Species Biologist, 315 South Allen Street, Suite 322, State College, Pennsylvania 16801;

[2] For Pennsylvania state-listed birds and mammals, the Pennsylvania Game Commission, Bureau of Land Management, 2001 Elmerton Avenue, Harrisburg, Pennsylvania 17110-9797;

[3] For Pennsylvania state-listed fish, reptiles, amphibians and aquatic organisms, the Pennsylvania Fish and Boat Commission, Natural Diversity Section, 450 Robinson Lane, Bellefonte, Pennsylvania 16823; and

[4] For Pennsylvania state-listed plants, natural communities, terrestrial invertebrates and geological features, the Pennsylvania Department of Conservation and Natural Resources, Bureau of Forestry, Ecological Services Section, P.O. Box 8552, Harrisburg, Pennsylvania 17105-8552.

(c) There are special concern species or resources in the vicinity of the project area that could be impacted by the project unless avoidance measures are implemented. In this case, the applicant must guarantee to fully comply with the PNDI jurisdictional agencies' specified avoidance measures and describe methods for such compliance. Should an applicant not fully comply with the specified avoidance measures for each respective feature, those features that do not provide such compliance shall be governed by the requirements of § 155-146D(2)(b) of this chapter.

(d) There are special concern species or resources in the vicinity of the project area that could be impacted by the project, but the impacts could be minimized with the application of the PNDI jurisdictional agencies' specified conservation measures. In this case, the applicant must provide written evidence of compliance with such conservation measures or furnish a written report from the Pennsylvania Department of Environmental Protection that such measures are not required.

§ 155-147 Carbonate geology.

A. Purpose. The requirements of this section help to protect sensitive areas underlain by carbonate geology that:

(1) Protect a uniquely sensitive and valuable potable groundwater resource area.

(2) Protect groundwater quantity and quality from pollution from hazardous materials or toxic substances, sewage, oil and grease, deicing compounds and sediment.

(3) Promote the recharge capability of the area, achieved through best management practices.

(4) Decrease and minimize the dangers of land subsidence and sinkholes characteristic of carbonate geologic formations.

B. Applicability and use. Any application for subdivision and/or land development for property, or a portion thereof, underlain by carbonate geology or within a distance of 1,000 feet from the carbonate geology layer, as depicted in the Natural and Cultural Features Map,[1] shall refer to Chapter 135, Subdivision and Land Development, of the Code of the Township of Conewago regarding carbonate geology for submission requirements.

[1] Editor's Note: Said map is included at the end of this chapter.

§ 155-148 Tree cutting.

A. Tree cutting purpose. Recognizing that the presence of living trees in our surroundings is important and desirable from an ecological, environmental and aesthetic standpoint, the following imposes restrictions upon the noncommercial cutting down of mature trees upon private property.

B. Emergency tree cutting. At any time, a landowner may cut down any tree that, because of its condition, location or any other factor, poses an immediate threat to the public health and safety. Examples of appropriate emergency tree cutting include, but are not limited to, partially uprooted trees that are likely to topple onto nearby structures, properties, roads and/or sidewalks, damaged trees with split trunks due to lighting strike or wind loads, trees that block emergency vehicle access during times of natural disaster, civil defense or rescue and trees that have been partially damaged or have fallen that threaten to cause an immediate rise in floodwaters. In case of emergency where time does not allow the prior obtaining of such permit, a zoning permit shall be applied for within 72 hours after the cutting down of such tree(s). No fee shall be charged for any such emergency permit.

C. Nonemergency tree cutting.

(1) Except for areas that are subject to a forest regeneration plan under § 155-85A(1) of this chapter:

(a) Landowners may cut down any tree without the need for any zoning permit outside of areas identified with steep slopes as regulated by § 155-145C of this chapter.

(b) Landowners may cut down any tree(s) after obtaining a zoning permit within areas identified with steep slopes as regulated by § 155-145C of this chapter, provided that the tree(s) to be cut down have been identified by an ISA-certified arborist to be:

[1] Afflicted with a contagious disease, blight or infection or damage from natural causes, from which the tree is unlikely to recover;

[2] Dead;

[3] In such a condition or physical position that it constitutes a danger to the structures or occupants of adjacent property, the property on which it is located or the public right-of-way; or

[4] An invasive species.

(2) Landowners shall not remove trees located within any street right-of-way without prior approval of a zoning permit.

D. Tree replacement standards.

(1) Except for forestry uses as defined herein and regulated by § 155-85 of this chapter, any person, partnership, corporation, and/or property owner who or which removes or destroys trees in excess of those standards listed in this § 155-148 of this chapter shall be subject to the penalties for violation as outlined herein and is responsible for replacement of said trees. This replacement shall be done on a tree-for-tree basis if the number of trees removed in violation of this chapter can be identified. If the number of trees cannot be identified, then the trees shall be replaced at a rate of one tree per 1,000 square feet of area of tree removal that has occurred in violation of this chapter, as determined by the Township Zoning Officer.

(2) The replacement trees shall be deciduous, noninvasive, native to the Township, nursery stock grown within a locale with similar climatic conditions as found within the Township, well branched, and free of disease. The trees shall be not less than two inches in diameter, as measured 4.5 feet above grade. The trees shall be at least 10 feet tall after planting and trimming. Branching shall start not less than six feet from the top of the root ball.

(3) The replacement trees may be placed on the property at any location selected by the property owner as long as such location does not violate any other provision of this chapter or laws of the state.

(4) The replacement trees cannot be used as credits to meet other planting requirements of this chapter relative to street tree plantings, required landscaping, and/or required screening, unless the original trees would have satisfied such requirements. Any replacement trees that are to be counted as required screening shall comply with the standards listed in § 155-44 of this chapter.

(5) Any tree that is replaced under the requirements of this section shall be properly maintained, and any such tree that dies shall be promptly replaced in accordance with the specifications of this § 155-148D of this chapter.

§ 155-149 Wellhead Protection Zone.

A. Purpose. The purpose of this section is to safeguard the public health, safety and welfare by providing regulation of land use and the manufacture, use, storage, transport, or disposal of hazardous substances which pose a threat to the quality and quantity of groundwater being extracted from the public water system.

B. Constitutional and statutory authority.

(1) Constitutional authority for this section is contained in Article I, Section 27, of the Pennsylvania Constitution, wherein it specifically provides for a right to clean water.

(2) Statutory authority for this section is specifically set forth in Section 604 of the Municipalities Planning Code, Act of July 31, 1968, P.L. 805, as amended, 53 P.S. § 10604, providing that zoning ordinances be designed to promote, protect and facilitate the provision of a safe, reliable and adequate water supply.

(3) Additional authority is set forth in the laws and regulations of the Commonwealth of Pennsylvania at 25 Pa. Code § 109.713(5), providing for the adoption of municipal ordinances or regulations controlling, limiting or prohibiting future potential sources of contamination within the Wellhead Protection Zone.

(4) Additional authority in establishing design and performance standards for potential sources of contamination within the Wellhead Protection Zone is provided pursuant to development and implementation of wellhead protection area management as a part of the sanitary survey program of the operation and maintenance plan, mandated for community water suppliers at 25 Pa. Code § 109.702(a)(7) and 25 Pa. Code § 109.713.

C. Applicability.

(1) The protections of this chapter are intended to apply to all land within the Wellhead Protection Zones in the Township. Owners in the Wellhead Protection Zones shall have 90 days from the mailing of the Land Use Questionnaire, as set forth in § 155-149E herein, to provide the required information on their land and/or uses in conformance with this chapter. This chapter also applies to all future actions by owners and occupiers within the Wellhead Protection Zones, and they shall provide evidence of compliance with this chapter as a condition prerequisite to approval and issuance of a permit for a new, revised and/or expanded use.

(2) The Wellhead Protection Zone shall only apply to those areas of the Township which are delineated on the Natural Features Map and described as follows. The following lists the minimum required distance from the outside edge of the well to the outside radius of the Wellhead Protection Zone for each well within the Township:

	Well Number	Minimum Radius (feet)
	2	These radii should be determined by the Hanover Borough Water Department and can take the form of delineated areas of impact rather than radii.
	4
	5

(3) The Wellhead Protection Zone shall be deemed an overlay on any zone now or hereafter applicable to any lot. The underlying zone shall prescribe all other zoning requirements (unless another overlay zone applies), and the SLDO[1] shall prescribe all other subdivision and land development requirements, in addition to those specifically enumerated in this chapter.

[1] Editor's Note: See Chapter 135, Subdivision and Land Development.

(4) It shall be the responsibility of any person owning, using or occupying real property within the Wellhead Protection Zone to take all steps necessary to protect the Wellhead Protection Zone from uses and activities specifically prohibited in the following § 155-149D of this chapter.

D. Regulated land uses and activities. The following land uses and activities presented in Table 1 are specifically prohibited for all new, revised and/or expanded uses within Wellhead Protection Zones:

	Table 1 Regulated Land Uses and Activities
	Land Uses and Activities
	A.	Agricultural	Animal burial; animal feedlots; fertilizer storage and/or use; insecticides storage and/or use; herbicides storage and/or use; irrigation sites; manure spreading areas, pits and storage; and pesticide storage and/or use
	B.	Commercial	Airports; auto repair shops; boatyards; car washes; cemeteries; construction areas; dry cleaners; gas stations; golf courses; jewelry/metal plating; laundromats; medical institutions; paint shops; photography establishments; railroad tracks and yards; research laboratories; scrap and junkyard; storage tanks
	C.	Industrial	Asphalt plant; chemical manufacture/storage; electronics manufacture; electroplaters; foundries/metal fabricators; machine/metal working shops; mining and mine drainage; petroleum production/storage; pipelines; septage lagoons and sludge storage tanks; toxic and hazardous spills; wells (operating/abandoned, including underground injection wells); wood preserving facilities; quarries; commercial truck or rail tanker cleaning operations; commercial slaughtering, rendering, tanneries; paints, thinners and other related products
	D.	Residential	Fuel oil; furniture stripping/refinishing; household hazardous products and lawn chemicals; septic systems/cesspools; sewer lines; swimming pools (chemicals)
	E.	Other	Hazardous waste landfills; highway spills; municipal incinerators; municipal landfills; municipal sewer lines; open burning sites; recycling/reduction facilities; road deicing operations and storage; stormwater drains/basins; transfer stations; well/borehole drilling; junked materials; sanitary landfills; collection and transfer facilities for solid waste or hazardous substances, including, but not limited to, battery and drum recycling and reprocessing; land application of sewage sludge; package sewage treatment plants; cemeteries; alteration of natural site features prior to receiving all permits and approvals; industrial, commercial or institutional facilities which use, store, transport, or dispose of hazardous substances; geothermal exchange systems (groundwater and ground loop); concentrated aquatic and/or animal production facilities; discharge of any pollutants; any chemicals or other materials which may endanger or adversely affect the water supply (including, but not limited to, gasoline, fuel oil and other petroleum products)

E. Reporting requirements. All owners within the Wellhead Protection Zones are subject to the following reporting requirements. Owners shall submit the documents listed below to the Zoning Officer within 90 days of initial mailing and annual mailings thereafter:

(1) Owners shall submit two copies of a completed Land Use Questionnaire (Appendix 2[2]) to the Zoning Officer within 90 days of initial mailing and annual mailings thereafter.

[2] Editor's Note: Appendix 2 is on file in the Township offices.

(2) If the use is classified as a key facility by the Township, owners shall submit two copies of a completed Key Facility Evaluation Questionnaire (Appendix 3[3]) within 90 days of initial mailing and annual mailings thereafter.

[3] Editor's Note: Appendix 3 is on file in the Township offices.

(3) All owners are subject to any and all additional monitoring and reporting requirements dictated by its public water system pursuant to any additional ordinance which the public water system may adopt.

§ 155-150 Historic site demolition.

A. Purpose:

(1) To provide the means so that the Township can protect and preserve historic sites and structures.

(2) To initiate a process of public and technical review prior to the demolition of historic structures.

B. Applicability. This section imposes a special exception review procedure for the proposed demolition of historic structures, as defined herein.

C. Demolition of an historic structure.

(1) No historic structure shall be demolished until the applicant has obtained special exception approval and a zoning permit for such demolition.

(2) Required meetings.

(a) Prior to the application for special exception approval to demolish an historic structure, the applicant shall be required to meet with the staff of the Adams County Historical Society (ACHS) and/or the Pennsylvania Historical and Museum Commission (PHMC) to gain their ideas about potential preservation options for the building/structure. No special exception approval or zoning permit for the demolition of an historic structure shall be issued unless the applicant meets with the staff of the PHMC. To inform the staff of the ACHS/PHMC about the structure, the applicant shall be required to produce all of the available following materials:

[1] Historic deeds, surveys and site plans of the subject property;

[2] Current and historic photos of the property; and

[3] A description of the specific reasons why the historic structure cannot accommodate a permitted use and the demolition is warranted.

(b) Following such meeting, the ACHS/PHMC shall, within 90 days, prepare a letter of its findings for delivery to the applicant and the Township.

(3) In applying to the Township for special exception approval to demolish an historic structure, the applicant is required to produce all of the available following materials and information:

(a) Historic deeds, surveys and site plans of the subject property;

(b) Current and historic photos of the property;

(c) If the applicant is not the landowner, a notarized letter from the landowner requesting demolition of the historic structure;

(d) Additional information as may be requested by the Board of Supervisors;

(e) A review letter from the PHMC of its findings as required by § 155-150C(2) of this chapter; and

(f) A description of specific measures and/or relief that could enable the preservation of the subject historic structure or specific reasons why the historic structure cannot accommodate a permitted use and the demolition is warranted.

(4) In evaluating the merits of a special exception application for the demolition of an historic structure, the Zoning Hearing Board shall consider the following:

(a) The findings of the ACHS/PHMC in its review of the proposed demolition.

(b) Should the Zoning Hearing Board determine that the historic structure retains significant historic value and can be practically adapted to meet the needs of the applicant, the special exception shall be denied.

(c) Should the Zoning Hearing Board determine that the historic structure retains significant historic value and can be preserved through some other practical means, the special exception shall be denied.

(d) Should the Zoning Hearing Board determine that the historic structure fails to retain significant historic value, the special exception shall be approved authorizing the demolition.

(e) Should the Zoning Hearing Board determine that the historic structure cannot be practically adapted to meet the needs of the applicant, the special exception shall be approved authorizing the demolition.

(f) Should the Zoning Hearing Board determine that the historic structure cannot be preserved by any practical means, the special exception shall be approved authorizing the demolition.