This chapter shall be known as and may be cited to as the "Easttown Township Natural Resource Protection Ordinance."
A. 
These regulations are intended to protect the rights of the residents of Easttown Township to enjoy clean air, pure water and the natural, scenic, historic and aesthetic values of the environment through the preservation of woodlands, wetlands, aquifers and floodplains, as set forth in the Pennsylvania Constitution and in other commonwealth and federal statutes. In particular, it is the Township's purpose, through this chapter, to conserve the following natural resources:
(1) 
Natural resources identified as land or water resource areas, e.g., groundwater recharge zones (aquifers), springs, streams, wetlands, woodlands, prime wildlife habitats and areas constituting high recreational and other amenity value which exist on developed or undeveloped land.
(2) 
Natural resources performing beneficial ambient air quality or microclimate functions, e.g., by abating glare and noise, entrapping dust and other particulates and contributing to the reduction of climate stress and energy costs.
B. 
To accomplish this, the ensuing standards are intended to:
(1) 
Define and delineate selected natural resources within the Township and establish resource protection standards to mitigate potential hazards associated with land use activity.
(2) 
Protect natural resources within the Township in accordance with the goals and objectives of the Easttown Township Comprehensive Plan, the Easttown Open Space, Recreation and Environmental Resources Plan, and the applicable provisions of Article VI of the Pennsylvania Municipalities Planning Code, Act 247.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
C. 
No such provision of these regulations shall be construed to deny the right of any property owner to use his/her land as may be permitted by the Township's land use codes. Rather, it is the purpose of these regulations to ensure that such uses minimize disturbances to natural resources and that reasonable measures are taken to mitigate any adverse impacts of such uses. Property owners may use their land as permitted in Chapter 455, Zoning, and Chapter 400, Subdivision and Land Development, provided that the regulations herein are also adhered to.
[Amended 6-2-2014 by Ord. No. 422-14]
The natural resource protection standards set forth in this chapter shall apply to all land development, site preparation and site disturbance activities.
A. 
All uses shall be developed in a manner consistent with the preservation of the quality of the existing environment and of any natural amenities present on the site. Such uses shall provide for the preservation and proper management of natural drainage systems, minimizing of grading and removal of scenic vegetation, preservation of woodlands and substantial stands of trees and the preservation of scenic vistas, historic landscapes and any other natural resources and features existing on the site.
B. 
For the purposes of this chapter, the sections within this chapter shall be overlays to the underlying districts as shown on the Easttown Zoning Map,[1] and as such, the provision for each of these sections shall serve as additional requirements to the underlying zoning district provisions. In the event that a conflict exists between a section of this chapter and the underlying district(s), the more restrictive provision shall apply.
[1]
Editor's Note: The Zoning Map is included as an attachment to Ch. 455.
C. 
Should the boundaries or delineations of any section of this chapter be revised as a result of legislative or administrative actions or judicial decision, the zoning requirements of the underlying zoning district and other applicable sections of this chapter shall continue to apply.
In the interpretation and application of this chapter, the provisions hereof shall be held to be the minimum requirements for the promotion of the public health, safety and general welfare. Where the provisions of this chapter impose greater restrictions than those of any other ordinance or regulation, the provisions of this chapter shall be controlling. Where the provisions of any statute, other ordinance or regulation impose greater restrictions than this chapter, the provisions of such statute, ordinance or regulation shall be controlling.
Unless otherwise expressly stated, the following terms, words and phrases shall be construed throughout this chapter to have the meanings herein stated. Applicable regulations stated in conjunction with these definitions shall be complied with. The singular shall include the plural, and the plural shall include the singular. The present or past tense shall include the future tense. The masculine gender includes the feminine and neuter genders. The word "shall" and must" are mandatory; the words "may" and "should" are permissive. The words "used for" shall include "designed for."
BUFFER, PERIMETER
Plantings placed along the boundary of a lot and around stormwater management basins, to diminish and mitigate views of a development from off site.
[Amended 12-15-2014 by Ord. No. 424-14]
BUFFER PLANTING STRIP
A strip of required yard space adjacent to the boundary of a property or district, not less in width than is designated in Chapter 455, Zoning, which is landscaped for the full width and on which is placed a screen of sufficient density not to be seen through and of sufficient height to constitute an effective screen and give maximum protection and immediate visual screening to an abutting property or district. The required screen shall be permanently maintained and shall constitute a planting of dense evergreen trees or a compact evergreen hedge or, where specifically designated in this chapter, an appropriate wall, fence, suitable planting or combination thereof. All planting shall comply with the provisions of this chapter.
BUFFER, SCREEN
Plantings placed between incompatible land uses or zoning districts to obscure views of the adjacent property or use.
CALIPER
The diameter of a tree trunk measured at a point six inches above the ground for trees up to and including four inches in caliper size. For trees of larger-size caliper, the measurement is taken 12 inches above the ground level.
CLEAR-CUTTING
The complete removal of all trees on a site, or any portion thereof, greater than 0.5 acre in contiguous area, during a single timber harvesting operation or within a three-year period.
CONSERVATION
The planned management of a natural resource to prevent its exploitation, destruction or neglect.
DBH (DIAMETER AT BREAST HEIGHT)
The diameter of a tree trunk measured at a point 4.5 feet from the ground surface at the point of the highest elevation in contact with the trunk of such tree.
DRAINAGE
The movement of water from an area by stream or sheet flow and removal of excess water from soil by downward flow.
DRIPLINE
The line on the ground marking the outer edges of the branches of a tree.[1]
FORESTRY (TIMBER HARVESTING OPERATION)
The management of forests and timberlands when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting and selling of trees for profit, which does not involve any land development, specifically the uprooting or removal of more than four trees of greater then six inches dbh per acre from any lot which has a gross area of more than three acres, and, when required, is undertaken in compliance with an approved timber management plan. "Forestry," as defined by the Municipalities Planning Code, as amended,[2] shall be considered a timber harvesting operation and shall require the submittal and approval of a timber management plan. Timber harvesting does not include the clearing of land for approved construction or the creation or maintenance of approved roads.
HEDGEROW
A linear plant community dominated by trees and/or shrubs. Hedgerows often occur along roads, fence lines, property lines or between fields and may occur naturally or be specially planted (e.g., as a windbreak). For the purposes of this chapter, hedgerows are considered woodlands and regulated as such, regardless of area or tree size.
HYDRIC SOIL
A soil that is saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions that favor the growth and regeneration of wetlands vegetation. For the purposes of this chapter, "hydric soil" includes any soil inventoried or described as hydric according to the Soil Survey of Chester and Delaware Counties, Pennsylvania (Soil Survey), or other information provided by the United States Natural Resources Conservation Service (NRCS). In Easttown Township, hydric soils shall include but are not limited to Wehadkee silt loam (We), Worsham silt loam (Wo), and Chewacla silt loam (Ch).
IMPERVIOUS SURFACES
Land that is occupied by principal and accessory structures, buildings, streets, extended roofs, eves, overhangs, asphalt, concrete, driveways, parking areas, grass pavers, pervious paving, and other man-made cover that prohibit or slow the percolation and infiltration of water into the soils.
INVASIVE PLANT SPECIES
Predominantly nonnative, nonindigenous, alien tree, shrub, vine, or herbaceous species that grow or reproduce aggressively, usually because they have no natural predators, and which can so dominate an ecosystem that they kill off or drive out many indigenous plant species. Invasive trees, shrubs, vines, or herbaceous species include but are not limited to Norway maple (acer platanoides), tree of heaven (ailanthus altissima), paper mulberry (broussonetia papyrifera), white mulberry (morus alba), empress tree (paulownia tomentosa), white poplar (populus alba), multiflora rose (rosa multiflora), Japanese barberry (berberis thunbergii), European barberry (berberis vulgaris), autumn olive (elaeagnus umbrella), border privet (ligustrum obtusifolium), common privet (ligustrum vulgare), morrow's honeysuckle (lonicera morrowii), tatarian honeysuckle (lonicera tatarica), Japanese honeysuckle (lonicera japonica), common buckthorn (rhamnus cathartica), wineberry (rubus phoenicolasius), Japanese spiraea (spiraea japonica), linden viburnum (viburnum dilatatum), guelder rose (viburnum opulus), oriental bittersweet (celastrus orbiculatus), leatherleaf clematis (clematis terniflora), mile-a-minute weed (polygonum perfoliatum), kudzu (pueraria lobata), garlic mustard (alliaria petiolata), Canada thistle (cirsium arvense), crown vetch (coronilla varia), tall fescue (festuca elatior), purple loosestrife (lythrum salicaria), sweet clover (melilotus officinalis), Japanese stiltgrass (microstegium vimineum), reed canarygrass (phalaris arundinacea), and johnsongrass (sorghum halepense).
LAKES and PONDS
Natural or artificial bodies of water which retain water year-round. Artificial bodies of water may be created by dams or result from excavation. Lakes are bodies of water two or more acres in area. Ponds are bodies of water less than two acres in area.
LAND DISTURBANCE
A construction or other human activity which disturbs the surface of land, including, but not limited to, clearing, grubbing, grading, excavations, embankments, land development, agricultural plowing or tilling, timber harvesting activities, road maintenance activities, mineral extraction, and the moving, depositing, stockpiling, or storing of soil, rock, or earth materials.
LANDSCAPE ARCHITECT
A landscape architect registered in the Commonwealth of Pennsylvania or any other state having a reciprocal registration agreement with Pennsylvania.
MITIGATION
Any action taken to lessen the specified undesirable impacts of a proposed land use or land disturbance activity, including those which would adversely affect the health or longevity of a natural feature, pose a visual intrusion or conflict or otherwise be deemed incompatible with surrounding properties.
NATURAL RESOURCES
A component of a landscape existing or maintained as a part of the natural environment and having ecological value. Such resources include those which, if disturbed, may cause hazards or stress to life, property and the natural environment. For the purposes of this chapter, natural resources shall include but not be limited to wetlands, floodplain, steep slopes, and woodlands.
OPEN SPACE
An area of land and/or water, substantially free of structures and paved areas, permanently restricted for common enjoyment and recreational use by residents of a development and possibly the general public, but not including individually owned private yards.
REFORESTATION
The restocking of an area with forest trees, including natural regeneration as well as by tree planting.
RIPARIAN BUFFER
An area surrounding a watercourse, floodplain or wetland, containing trees and other vegetation, that intercepts surface water runoff, wastewater, subsurface flow, and/or deep groundwater flows from upland sources and functions to remove or buffer the effects of associated nutrients, sediment, organic matter, pesticides, or other pollutants prior to entry into surface waters. This transition area between aquatic and terrestrial environments may also provide wildlife habitat, control water temperature, attenuate flood flow, and provide opportunities for passive recreation.
RIPARIAN BUFFER ZONE (RBZ)
The total area encompassing the riparian buffer and the natural resources the buffer protects, which may include watercourses, ponds and lakes, wetlands, and floodplains.
[Amended 6-2-2014 by Ord. No. 422-14]
ROUTINE PROPERTY MAINTENANCE
Periodic cutting, killing and/or removal of entire plants or portions of plants, which may include lawn mowing, weed and vine control, the removal of invasive plants and the removal of dead trees or limbs.
SELECTIVE LOGGING AND WOODCUTTING
The removal of single, scattered, mature trees or other trees from unevenly aged tree stands to preserve and enhance healthy woodlands.
SPECIMEN TREE
Any healthy tree with a trunk diameter of 36 inches and greater dbh.
STEEP SLOPES
Those areas of land, whether natural or man-made, where the average grade is 15% or greater. For the purposes of this chapter, slopes shall be divided into the following two categories:
A. 
MODERATELY STEEP SLOPESThose areas of land where the grade is 15% to 24.9%.
[Amended 6-2-2014 by Ord. No. 422-14]
B. 
VERY STEEP SLOPESThose areas of land where the grade is 25% or greater.
TIMBER HARVESTING PLAN
A description, by means of text and maps, of proposed actions involving the removal of trees from a lotuch plan shall have been prepared by a Pennsylvania-certified forester with demonstrable expertise in forest management and shall document specific measures to be taken to control erosion and sedimentation; protect water quality; minimize impacts from skid timber and logging roads, land areas, and the tree removal process; and ensure site restoration. A timber harvesting plan shall include the minimum contents requirements (Section 5) and be consistent with the minimum forest practices (Section 6) of the Pennsylvania Model Forestry Regulations published by the Penn State School of Forest Resources. (Note: A copy of the model regulations can be obtained at the Township office.)
[Amended 12-15-2014 by Ord. No. 424-14]
TREE PROTECTION ZONE
An area surrounding a tree or tree mass in which no construction, construction activity or other disturbance shall take place. The tree protection zone shall be measured from the outermost dripline of any tree or all the trees in a tree mass, tree line or hedgerow.
UNDERSTORY TREE
Any single- or multi-stemmed woody plant which typically achieves a mature height of between 10 feet and 30 feet and is usually found growing beneath larger canopy trees in its natural habitat.
WATERCOURSE
A stream, creek, run, or other body of running water with a defined bed and banks in which water flows in a definite direction or course, whether natural or artificial, with perennial or intermittent flow, as depicted on the most current USGS Quadrangle Map, or more accurate information, as available. Field verification to determine evidence and location of natural channelized flow may be required for specific determinations. The removal of, or alteration to, existing man-made swimming pools, fish ponds, or other decorative pools or water features that are disconnected from the waterway and wholly contained to the lot shall not be regulated by the Easttown Township Natural Resource Protection Ordinance.
[Amended 10-16-2023 by Ord. No. 458-23]
WETLANDS
Those areas that are inundated and saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, and similar areas. Any area meeting the official "wetland" definition of the United States Army Corps of Engineers, the United States Environmental Protection Agency, or the Pennsylvania Department of Environmental Protection shall be considered a wetland for the purposes of this chapter. In the event the definition of a "wetland" conflicts between any of these agencies, the more restrictive definition shall apply.
WILDLIFE HABITAT
A community of plants that provide food, water, cover, nesting and foraging or feeding conditions necessary to maintain population of animals.
WOODED LOT
Any building lot having more than one viable tree, six inches or greater in diameter dbh, per 1,500 square feet of gross lot area, exclusive of street right-of-way. For the purpose of calculating "wooded lot," each viable tree six inches or greater in diameter dbh located with street rights-of-way or on lot lines are to be counted as one.
[Amended 9-21-2009 by Ord. No. 391-09; 12-15-2014 by Ord. No. 424-14]
WOODLAND
A plant community, of 0.25 acre or larger in area, well-stocked and comprised predominantly of healthy trees, six inches and greater in diameter dbh, and other woody vegetation, growing more or less closely together, the branches of which form a complete or nearly complete aerial canopy. For the purposes of this chapter, the extent of any woodland shall be measured from the dripline of the outer trees. Woodlands do not include orchards, commercial nurseries, Christmas tree farms, or old fields, where more than 75% of the trees are smaller than six inches dbh.
WOODLAND DISTURBANCE
Any activity which alters the existing structure of a woodland or hedgerow; disturbances include the cutting or removal of canopy trees, subcanopy trees, understory shrubs and vines, woody and herbaceous woodland floor species. "Woodland disturbance" also includes any activity which constitutes a land disturbance (exposes soils, alters topography, destroys habitat) within a woodland or hedgerow. "Woodland disturbance" does not include the selective cutting of trees or removal of invasive plant species.
[1]
Editor’s Note: The former definition of “flood hazard area,” as amended, which immediately followed this definition, was repealed 5-15-2017 by Ord. No. 428-17.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.