The standards contained in this chapter are intended to promote
the public health, safety and welfare by filtering noise, softening
or diverting light and glare, modifying climatic conditions such as
wind and heat, reducing stormwater runoff and air pollution and controlling
traffic hazards. The standards are also intended to increase the value
to the community of new developments by recognizing the role that
landscaping plays in overall community appearance and livability.
In general, all areas of a site proposed for development shall be
landscaped with trees, shrubs, ground covers, grasses and other herbaceous
plants, except for those areas which are occupied by buildings, roads,
parking lots or other structures or those areas left in their natural
state.
A landscaping plan, with detailed drawings, shall be submitted
with all land development plans and multifamily subdivision plans
and must contain and present the following information:
A. All required buffer yards with proposed plantings (identifying ground
cover and each proposed tree or bush) drawn to scale and identifying
the height and width of any proposed mounds.
B. All required plantings, independent of any buffer yard requirements
(identifying ground cover and each tree, shrub, the use of sod or
seeding, etc. and whether known to prosper in this area) drawn to
scale.
C. Any planting in excess of the requirements of this chapter.
D. Any existing trees or vegetation that are to be preserved, accurately
identifying their relative location, approximate size and name.
E. Any existing trees or vegetation that will be removed, accurately
identifying their relative location and size.
In some instances, the existing natural topography and vegetation
on the site may provide a visual screen, which is at least equivalent
to the required buffer yard. These existing natural conditions may
fulfill the buffer yard requirements, if in the opinion of the Code
Enforcement Officer or Township Engineer, the following conditions
exist:
A. The minimum required buffer width is met by the existing vegetation
or natural conditions.
B. The area is adequately treed or the existing difference in elevation,
existing contours, or existing natural features such as rock outcroppings,
stream channels, road rights-of-way, etc. provides an appropriate
visual screen.
C. The Board of Supervisors shall make the final determination whether
or not the waiver should be granted to the buffer yard requirements.
All appeals from the decision of the Code Enforcement Officer
shall be heard by the Township Board of Supervisors, including requested
waivers from the standards herein, whose decision may be appealed
to the Butler County Court of Common Pleas.
Any person who violates or permits a violation of this chapter
shall, upon being found liable therefor in a civil enforcement proceeding
commenced by the Township before a Magisterial District Judge, pay
a fine of not more than $600, plus all court costs, including reasonable
attorneys' fees, incurred by the Township in the enforcement of this
chapter. No judgment shall be imposed until the date of the determination
of the violation by the Magisterial District Judge. If the defendant
neither pays nor timely appeals the judgment, the Township may enforce
the judgment pursuant to the applicable Rules of Civil Procedure.
Each day a violation exists shall constitute a separate offense. Further,
the appropriate officers or agents of the Township are hereby authorized
to seek equitable relief, including injunction, to enforce compliance
herewith.