Chapter 257 Natural Features Conservation

These regulations are intended to protect the rights of the residents of Coolbaugh Township to enjoy clean air, pure water and the natural, scenic, historic and aesthetic values of the environment, 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 features:

Natural features identified as land or water resource areas, e.g., wetlands, groundwater recharge zones, springs, streams, agriculturally suited soils, woodlands, prime wildlife habitats and areas constituting high recreational and other amenity value.

Natural features performing beneficial ambient air quality or micro-climatic functions, e.g., vegetation, by abating glare and noise, entrapping dust and other particulate and contributing to the reduction of climatic stress and energy costs.

Natural features which, if disturbed, may cause hazards or stress to life and property, e.g., steep slopes, floodplains and wetlands.

No provision of these regulations shall be construed to deny the right of any property owner to use his land as may be permitted by Chapter 400, Zoning, of the Code of the Township of Coolbaugh. Rather, it is the purpose of these regulations to insure that such uses minimize disturbances to natural features and that reasonable measures are taken to mitigate any adverse impacts of such uses.

Statutory authority. This chapter is adopted pursuant to the authority for the Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805, No. 247, as amended by Act of December 21, 1988, P.L. No. 170,[1] and the Second Class Township Code, 1933, May 1, P.L. 103; 1947, July 10, P.L. 1481, as amended, 53 P.S. § 65101 et seq., to provide for the protection and preservation of natural resources and agricultural land and activities, to promote, protect and facilitate public health; to prevent the overcrowding of land; to preserve prime agricultural and farm land; and to provide for the development of land in a manner consistent with the Comprehensive Plan of Coolbaugh Township and the conservation and efficient use of open space to protect important natural resources.

AGRICULTURALLY SUITED SOILS

Editor's Note: See 53 P.S. § 10101 et seq.

Compatibility with other permit and part requirements. Permits and approvals issued pursuant to this chapter do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act or ordinance. If more stringent requirements concerning regulation of stormwater or erosion and sedimentation control are contained in the other code, rule, act or ordinance, the more stringent regulation shall apply.

§ 257-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

ACCESSORY STRUCTURE

A subordinate building, the use of which is customarily incidental to, and which is on the same lot as, the principal building. These structures shall include, but not be limited to, detached garages and storage sheds.

ADDITIONS

Extensions added to the existing principal structure which increases the ground coverage of the principal structure. These extensions shall include, but not be limited to, fully enclosed rooms, attached garages, screened porches, decks and stoops.

Soil designated within land capability classes I and II in the soil survey of Monroe County, United States Department of Agriculture, Natural Resources Conservation Service.

CONSERVATION

The planned management of a natural feature to prevent is exploitation, destruction or neglect.

CRITICAL WILDLIFE HABITAT

Those areas that are necessary for the survival of an individual or group of a given species such as rookeries, occupied den sites, etc.

DBH

The diameter of a tree at breast height, usually measured 4.5 feet from the ground surface.

EARTH DISTURBANCE

Any activity including, but not limited to, construction, mining, farming, timber harvesting and grubbing which alters, disturbs and exposes existing land surfaces.

ENCROACHMENT

Any physical action which may jeopardize the health and longevity of a natural feature, or any structure or activity which in any manner changes the course, current or cross section of any wetland, watercourse or body of water.

ENDANGERED

A species or subspecies in danger of extinction throughout all or a significant portion of its range.

ENVIRONMENTALLY SENSITIVE AREAS

Those areas such as wetlands, high water table areas, rare, threatened or endangered plant communities and species and steep slopes that are susceptible to environmental degradation.

EROSION

The removal of soil particles by the action of water, wind, ice or other geological agents.

FLOODPLAIN

The land adjoining a river or stream that has been or may be expected to be inundated with flood waters in a one-hundred-year frequency flood. The floodplain areas are identified on floodplain maps available at the Coolbaugh Township Municipal Building.

GROUNDWATER RECHARGE

Replenishment of a geologic structures and rock or soil interstices which have the capacity to store water.

HEDGEROW

A line of plants that may occur naturally where seeds collect and are left undisturbed, such as along fence lines, property lines or between fields, or that is specially planted or left undisturbed, e.g., to act as a windbreak or vegetative buffer along a drainage channel or watercourse.

HIGH WATER TABLE AREAS

Areas which have a year round or seasonal high water table which comes to within 20 inches of the ground surface.

MINIMIZE

To reduce to the smallest amount possible. "Minimize" shall not mean complete elimination, but shall require that the most substantial efforts possible under the circumstances have been taken to reduce the adverse effect of the action required to be minimized. With respect to activities, the conduct of which is adverse to the conservation of the natural features of land, the requirement to "minimize" shall include, but not be limited to, the requirement that the placement of dwellings and other structures and the location of roads, sedimentation and erosion control devices and earth disturbance activities shall be planned and designed so as to permit the adverse effect of the activity in question to be reduced to the smallest amount possible under the circumstances consistent with the otherwise permitted development.

MITIGATION

Includes:

Avoiding the impact altogether by not taking a certain action or parts of an action;

Minimizing impacts by limiting the degree or magnitude of the action or its implementation;

Rectifying the impact by repairing, rehabilitating or restoring the affected natural feature;

Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action; and

Compensating for the impact by replacing or providing substitute resources.

MULTIFAMILY RESIDENTIAL BUILDING

A building containing three or more dwelling units including, but not limited to, a four-family dwelling (fourplex, quadraplex), townhouse (single-family attached) or apartment building.

NATURAL FEATURE

A component of a landscape identified by Coolbaugh Township as important for conservation in § 257-1B of this chapter.

OLD FIELD

An upland area containing a dominance of herbaceous vegetation and recently established woody shrubs, seedlings and saplings.

OPEN SPACE

That part of a parcel not included within parking areas, areas laid out in lots or areas occupied by structures.

PRESERVATION

The maintenance of a natural resource in its original, undisturbed state.

PRIME WILDLIFE HABITAT

Those areas necessary to maintain an existing population of a given species, the destruction of which will cause a significant reduction in population density.

PROTECT

To defend the integrity of a given right or natural resource.

RARE

A species or subspecies that due to unique habitat requirements or sporadic distribution may not commonly occur in a given area or region.

ROCK OUTCROPS

Areas consisting of exposures of solid bedrock.

SEASONAL HIGH WATER TABLE SOILS

Those soils in which the groundwater surface is no more than 20 inches from the ground surface at certain times of the year. According to the Monroe County Soil Survey, these soils are Alden, Alluvial land, Alvira, Braceville, Buchanan, Chippewa, Empeyville, Morris, Mucky peat, Norwich, Rexford, Sheffield, Shelmadine, Volusia and Wayland.

SITE DISTURBANCE

Any activity which involves removal of vegetation or which causes land on a given site to be exposed to the danger of erosion, including clearing, grading, filling, plowing and other types of earthmoving.

STEEP SLOPE

Any slope greater than 25%.

STEEPLY SLOPED LAND

Land with a topographic gradient in excess of 12%.

STREAM

A natural drainageway having defined bed and banks that supports aquatic life including, but not limited to, fish, reptiles and macro invertebrates.

SWALE

A natural channel of other low-lying stretch of land which collects or carries surface water runoff.

THREATENED

A species or subspecies which is likely to become endangered in the foreseeable future throughout all or part of its range.

WETLAND

Wetlands are those areas inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and than under normal circumstances do support, a prevalence of vegetation adapted for life in saturated soil conditions. Wetlands include swamps, marshes, bogs and similar areas.

WETLAND BUFFER AREA

A land area extending from the outer limit of the delineated wetland for a distance of 10 feet.

WETLAND IMPACT AREA

A land area extending from the outer limit of the wetland in which land uses and activities, including any earth disturbance, is regulated to prevent the destruction, degradation or adverse impact on the wetland. For the purposes of this chapter, the wetland impact area in Coolbaugh Township is 100 feet.

WOODLAND

An area characterized by a more or less dense and extensive tree cover. More particularly, a plant community predominantly of healthy tree and other woody vegetation.

§ 257-3 Submission requirements.

[Amended 2-16-1999 by Ord. No. 97]

Applicability.

No person, corporation or other entity shall disturb or impact any natural feature listed below in Coolbaugh Township except in compliance with this chapter.

The natural features intended to be conserved and protected by this chapter:

Wetlands.

Steep slopes, shallow soil areas, agricultural soils.

Seasonal high water table soil areas.

Surface and groundwater resources.

(e)

Floodplains.

(f)

Prime and critical wildlife habitat.

(g)

Natural woodland communities.

(h)

Rare, threatened, endangered or unique plant communities and species.

Conservation plan.

Any person, corporation or other entity proposing an activity listed in Subsection B(2) below, that disturbs or impacts any natural feature listed in Subsection A of this section, must obtain approval of a conservation plan from the Board of Supervisors of Coolbaugh Township, or the Zoning Officer as required by § 257-5 of this chapter. It shall be the responsibility of the applicant to determine whether a conservation plan is required in accordance with the provisions of this chapter.

The following activities are subject to the requirement of an approved conservation plan showing adherence to the standards in § 257-5 of this chapter:

Building construction.

All nonresidential buildings, excluding agricultural buildings and buildings accessory to single-family residential use.

All multifamily residential buildings.

Single-family homes where the construction occurs in a wetland, wetland buffer area, steep slope or floodplain area as defined in § 257-2 or involves more than one acre of land area.

All subdivisions, land developments and planned residential developments.

All special exceptions and other land uses under Chapter 400, Zoning, that require site plan approval.

Construction of any of the following structures or facilities which exceed 5,000 square feet of earth disturbances:

Public utility facilities and structures.

Liquid and solid waste collection, storage, conveyance and treatment facilities, including landfills.

Stormwater management basins and related facilities.

Any other structure of similar character or impact as determined by the Township Planning Commission or Board of Supervisors.

(e)

Construction of the following streets, parking areas, loading and storage areas, including:

All streets to be dedicated to the Township.

All private streets and driveways involving more than 5,000 square feet of earth disturbance.

Any parking area, loading and storage area or any similar area which exceeds 5,000 square feet of earth disturbance.

(f)

Any construction, excavation or encroachment that occurs in a wetland area.

(g)

Any site disturbance involving more than one acre of land area.

Exemptions.

Construction of single-family homes and attendant landscaping, except where the construction occurs in a wetland, wetland buffer area, steep slope or floodplain area as defined in § 257-2, above, or involves more than one acre of land area, in which case the provisions of this chapter apply.

The construction of additions to single-family homes which increase the ground coverage of the home by up to 800 square feet and/or the construction of structures accessory to single-family homes with ground coverage of up to 800 square feet, when construction occurs in the wetland impact area, shall also be exempt from the requirement of an approved conservation plan if it can be demonstrated by the applicant that no disturbance of a wetland or wetland buffer area will occur.

Notwithstanding the exemptions stated above, prior to the issuance of a zoning permit for the construction of a single-family home, addition or accessory structure in a wetland impact area, the property owner shall have recorded, at the Monroe County Recorder of Deeds office, a deed setting forth the plan and metes and bounds description of the wetlands delineation. Permanent pins or monuments establishing the delineation line shall be placed on the property and their location shall also be shown on the recorded deed and plan.

Construction of any street, road, parking area or loading and storage area involving less than 5,000 square feet of earth disturbance, except where it occurs in a wetland area.

Agricultural and farming activities such as, but not limited to, production of field crops, truck gardening, planting and production of nursery stock, household gardening, field maintenance by way of mowing, trimming and hedgerow-fence row management, provided such activities are conducted with the approval of the Monroe County Conservation District or the Natural Resources Conservation Service if required by State regulations. A conservation plan must be submitted if the activity occurs in a wetland area.

Standard forestry management practices, provided that any timber harvesting operations are following the Department of Environmental Protection management practices in its publication "Soil Erosion and Sedimentation Control Guidelines for Forestry," are operating under an erosion and sedimentation control plan approved by the Monroe County Conservation District and are not being conducted in environmentally sensitive areas or reserved open space as defined by this chapter, in which case the provisions of this chapter apply and approval of a conservation plan must be obtained from the Board of Supervisors.

(5)

Wildlife habitat management approved by local, state or federal agencies with appropriate jurisdiction.

Conservation plan content.

Prior to commencing any site disturbance, a conservation plan as described below shall be submitted to and approved by the Board of Supervisors and/or the Zoning Officer for all land use activities listed in Subsection B of this section.

A conservation plan shall include the following minimum information described in Subsection D(3) and (4) of this section. When any of this information already has been prepared as part of an application under Chapter 355, Subdivision and Land Development, of the Code of the Township of Coolbaugh, then it shall be duplicated and inserted, by the applicant into the pertinent section of the conservation plan.

Conservation plan mapping.

Property base map. A base map of the applicant's property shall meet the requirements for preliminary plan approval, as set forth in § 355-26 of Chapter 355, Subdivision and Land Development, with respect to: sheet size, scale, property acreage calculations, delineation of courses and distances of property boundaries, dedicated street rights-of-way and easements.

Boundary and adjoining property conditions. The following information shall be indicated on the property base map: names of adjoining property owners and residential and institutional structures within 100 feet of the applicant's property. A smaller-scale map, drawn as an inset on the base map sheet, may be used to present information on adjoining property conditions.

Existing natural features inventory. The following information shall be shown or noted on the property base map:

Geologic numbers, based upon the geologic and hydrologic map of Monroe County, Pennsylvania, and the approximate location and extent of rock outcrops.

Topography, the contour line intervals of which shall be not more than two feet for land with average natural slope of 4% or less and not more than five feet for land with average natural slop exceeding 4%. Location and elevation to which contour elevations refer shall be identified; where reasonably feasible, this shall be a known established bench mark. Slopes between 12% and 25% and slopes exceeding 25% shall be indicated clearly. A source list of available aerial photography is on file with the Township Board of Supervisors.

The location and delineation of ponds, streams, floodplain and natural drainage swales.

Soil series and phases, as mapped by the Natural Resources Conservation Service, and accompanying data tabulated for each soil, including: its name, depth to seasonal high water table, depth to bedrock, agricultural capability class and subclass and hydrologic group.

[5]

Wetlands, as delineated by a qualified wetlands scientist and surveyed by a licensed land surveyor.

[6]

Vegetative cover conditions on the property according to general cover type, e.g., cultivated land; permanent grass land; old field; hedgerow; woodland; emergent, scrub-shrub and forested wetland; etc.

[7]

For each general vegetative cover category, the dominant and typical species should be identified. For all woodlands, the applicant shall indicate the principal species of dominant and codominant trees and the shrub understory. Areas dominated by trees over 24 inches dbh shall be indicated, along with the species of such trees.

[8]

Identification and classification of prime and critical wildlife habitat and identification of wildlife corridors as described in § 257-4B(5)(d).

[9]

Location of any rare, threatened or endangered species as identified by the Pennsylvania Natural Diversity Inventory (available from the Township).

[10]

If any of the natural features listed above do not occur on the property, a note to that effect shall appear on the plan.

Proposed site alternations. The following information shall be shown on the property base map:

Location of all proposed improvements.

Grading plans which clearly show all proposed alternations to the property's existing topography.

Conservation plan narrative-impact assessment.

All applicants shall assess the on-site and off-site impacts of their proposed activities and improvements on existing natural features. The assessment shall include the following:

Compliance with the minimum standards set by § 257-4 of this chapter.

Tabulation of the acreage of natural resources which would be disturbed utilizing the list of natural features in Subsection A of this section.

Tabulation of the dimensions or gross square foot coverage of all improvements proposed by the applicant, including any proposed impervious surfaces identified in Subsection B of this section.

Consideration of all reasonable alternatives to minimize disturbances to natural features.

A copy of a wetland delineation report, the Army Corps of Engineers' verification letter or other available documentation for wetlands delineated according to Subsection D(3)(c)[5] of this section shall be included in the narrative.

An erosion and sedimentation control plan approved by the Monroe County Conservation District.

§ 257-4 Minimum conservation and natural resource protection standards.

The narrative shall include a tentative construction schedule that lists all earthmoving activities and target dates. A copy of the schedule from an erosion and sedimentation control plan approved by the Monroe County Conservation District is acceptable.

[Amended 2-16-1999 by Ord. No. 97]

Applicability. No person shall disturb any natural feature within Coolbaugh Township identified in § 257-3A of this chapter, except in compliance with this section. In assessing compliance with the standards in this section, the Board of Supervisors and/or the Zoning Officer 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 the conservation standards.

Site planning.

Conservation of surface and groundwater resources.

Floodplains. Areas identified in the conservation plan as being in a floodplain area shall not be altered, regraded, filled or built upon except in conformance with Article XV of Chapter 400, Zoning, of the Code of the Township of Coolbaugh.

Stream, watercourses, wetlands, lakes and ponds. Such areas shall not be altered, regraded, developed, filled, piped, excavated, diverted or built upon except in accordance with regulations of the Pennsylvania Department of Environmental Protection and the United States Army Corps of Engineers. Final approval by the Township for any activity requiring a federal or state permit shall be conditional upon obtaining such permit. All uses and activities identified in § 257-3B of this chapter that are proposed in wetland areas shall be regulated in the following manner:

All such uses and activities shall be minimized to the extent that there will be no destruction, degradation or adverse impact on the wetland.

Wells, septic systems, stormwater retention, detention and recharge basins, including ground absorption areas, shall not be located in a wetland area unless all required state and/or federal permits are obtained and included in the conservation plan.

Stormwater, soil erosion and sedimentation. All site modifications shall conform with the requirements of Chapter 344, Stormwater Management and Earth Disturbance, of the Code of the Township of Coolbaugh.

Wetland impact areas. All uses and activities identified in § 257-3B of this chapter that are proposed in wetland impact areas shall be regulated in the following manner:

In the wetland buffer area, as defined herein, absolutely no wetland impact area disturbance, as defined herein, shall occur or be allowed.

Within the balance of the wetland impact area, being that land area extending from the ten-foot wetland buffer area set forth in Subsection B(1)(d)[1], above, to the line establishing the edge of the wetland impact area, the following types or courses of construction shall be made part of the conservation plan and be followed in the actual course of construction:

[a]

The depth of any excavation shall be minimized.

[b]

Roof runoff shall be directed to a dry well as designed by the applicant's engineer, unless the applicant's engineer demonstrates that it is not feasible or appropriate based on specific site conditions.

[c]

Driveways shall not be paved.

[d]

Driveways and required erosion control devices shall be completely installed prior to other earth disturbance on the premises.

[e]

No vegetation, other than for installation of a driveway, shall be removed outside of the building setbacks, unless otherwise authorized by the Township Zoning Officer.

Based upon the review and recommendation for approval by the Township Engineer or consultant, the conservation plan shall be amended to show the types or courses of construction being required. The conservation plan (amended as necessary) shall then be forwarded:

[a]

Under § 257-5A(1) of this chapter, to the Township Planning Commission for their review and recommendation, then to the Board of Supervisors for final action.

[b]

Under § 257-5A(2) to the Zoning Officer for final action.

As a further condition to the approval of a conservation plan, the property owner shall have recorded, at the Monroe County Recorder of Deeds office, a deed setting forth the plan and metes and bounds description of the wetlands delineation. Permanent pins or monuments establishing the delineation line shall be placed on the property and their location shall also be shown on the recorded deed and plan.

(e)

High water table areas. Any proposed land use which may, either directly by means of effluent discharge into the ground or indirectly through leaching of stored materials, result in the pollution of the groundwater shall be prohibited in such areas. The determination of the groundwater table shall be by the Township Sewage Enforcement Officer.

Conservation of steeply sloped lands.

No site disturbance shall be permitted on slopes exceeding 25% with the following exceptions:

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. In such a case, the driveway access must be designed by a professional engineer so as to meet the design requirements of Chapter 177, Driveways, of the Code of the Township of Coolbaugh and have a slope length of no more than 75 feet.

Logging shall be by specific approval of the Board of Supervisors. A conservation plan shall include an approved soil erosion and sediment pollution control plan; a listing of the amounts and species of timber to be harvested, which in no case can be conducted on more than 15% of the acreage located on these slopes; and a reclamation plan for restoring the site. Precaution shall be taken to avoid destruction or injury of brush and trees.

Site disturbance on slopes of between 12% and 25% shall be limited by the following restrictions:

Grading or earth moving on all lands sloping between 12% and 25% shall not result in earth cuts or fills whose highest vertical dimensions exceed 10 feet, except where no alternative exists for construction of public roads, drainage structures and other public improvements in which case such vertical dimensions shall not exceed 20 feet. Finished slopes of all cuts and fills shall not exceed 3:1, unless the applicant can demonstrate that steeper slopes can be stabilized and maintained adequately.

Logging is permitted by selective cutting only. Clear cutting is prohibited. The selective cutting shall not be conducted on more than 25% of the acreage located on these slopes.

For all land uses and activities identified in § 257-3B of this chapter, natural vegetation shall be retained or suitable new vegetation planted so that not more than 15% of the land area shall be permanently developed or regraded or stripped of vegetation.

Conservation of agriculturally suited soils. In subdivisions where permanent open space is to be retained, the applicant shall, whenever possible and in conjunction with other applicable ordinances, include in such open space those agriculturally suited soils whose acreage, configuration and location offer future opportunity for agricultural use.

Conservation of woodlands and other vegetation. Except in conjunction with routine property maintenance or safety precautions, the following shall be minimized:

Disturbance or removal of vegetation occupying environmentally sensitive areas shall be undertaken only when necessary and on a limited, selective basis to minimize the adverse impacts of such actions and to maintain the natural integrity of these areas. These sensitive areas shall include, but not necessarily be limited to, wetlands, floodplains, stream and pond banks, steep slopes, erodible soils, seasonal high water table soils and rare, threatened or endangered plant communities and species.

Removal of vegetation with all building setbacks.

(5)

Conservation of open space. The conservation plan shall be developed in a manner that will preserve the open space character of the land area and will respect the physical and environmental limitations of the land area utilizing the following guidelines:

Wherever possible, lakes, ponds and watercourses shall be left as permanent open space. Environmentally sensitive areas such as land areas with high water tables, steeply sloped areas and rock outcroppings shall likewise be left as permanent open space.

All wetlands and areas containing rare, threatened or endangered plant communities and species shall be left as permanent open space.

With the exception of approved logging operations, only 30% of forested areas left as open space may be cleared or developed, with 70% maintained in its natural stand.

Wherever possible, land areas containing prime wildlife habitat shall be left as permanent open space. All critical habitat shall be left as permanent open space. All land uses and activities described in § 257-3B of this chapter shall provide in the conservation plan for the need for wildlife to move from one location to another by establishing wildlife corridors in reserved open space lands. Such wildlife corridors shall include, wherever possible, contiguous environmentally sensitive areas such as wetlands, watercourses and steep slopes.

Site disturbance.

Protection of vegetation from excavations.

When digging trenches for utility lines or similar uses, disturbances to the root zones of all woody vegetation should be avoided.

If trenches must be excavated in the root zone, all disturbed roots shall be cut as cleanly as possible. The trench shall be backfilled as quickly as possible.

Protection of topsoil.

Removal of topsoil from site.

No topsoil shall be removed from a site unless a sufficient amount is retained to provide at least four inches of topsoil cover over all of the site's exposed earth surfaces. More than four may be required if the Township determines that a greater amount is needed for the long-term viability of certain plantings.

If topsoil is removed from the site, the applicant shall provide the Township with proof that the Pennsylvania Department of Environmental Protection, Bureau of Mining and Reclamation, has been contacted to determine the applicability of state regulation for surface mining.

Topsoil removed by grading operations shall be redistributed and stabilized as quickly as possible following the completion of a project or project phase. All exposed earth surfaces shall be stabilized by the following methods or Monroe County Conservation District approved equal:

Seeding or planting with tacked mulch at three tons/acre on slopes of 10% or less.

Sodding, hydroseeding or riprap with tacked mulch at three tons per acre on slopes exceeding 10%.

Protection during cleanup.

All construction debris shall be hauled away from the property unless provisions acceptable to the Board are made for the on-site disposal of such debris.

If debris is disposed on-site, the applicant shall provide the Township with proof that the Pennsylvania Department of Environmental Protection, Bureau of Solid Waste Management, has been contacted to determine the applicability of state regulation.

Modifications and waivers.

At the discretion of the Board of Supervisors, after review and recommendation from the Township Engineer, consultant and/or Planning Commission, a modification or waiver of the minimum standards contained in this section may be granted where:

Literal compliance with the mandatory provisions is shown by the applicant to be unreasonable, will cause undue hardship and an alternative standard can be shown to achieve equal or better results. The applicant shall provide evidence that no practicable alternative is available which can meet overall project purposes which would have less impact on the natural feature. In considering whether an alternative is practicable, consideration shall be given to cost, existing technology, logistics, project purposes and the restrictions imposed by other applicable federal, state and local regulations. The applicant shall submit a mitigation plan and design, including such erosion and sedimentation control measures, construction procedures and other actions as are necessary and appropriate to reduce the risk of damage to, or destruction of, the natural feature.

All requests for modification or waiver shall be in writing and shall accompany and be a part of the application for conservation plan approval.

This request shall state in full the grounds and facts of unreasonableness or hardship and the provision or provisions of the ordinance involved and the minimum modification necessary.

The granting of a modification or variance is within the discretion of the Board of Supervisors and may not be contrary to the public interest or violate the intent and purpose of the chapter.

§ 257-5 Administration.

[Amended 2-16-1999 by Ord. No. 97]

Conservation plan submittal and review procedures.

Where the site disturbance activities for which a conservation plan is required pursuant to § 257-3B of this chapter involves the submittal of a subdivision/land development plan pursuant to Chapter 355, Subdivision and Land Development, of the Code of the Township of Coolbaugh, or a site development plan pursuant to Chapter 400, Zoning, of the Code of the Township of Coolbaugh, the conservation plan shall be submitted and reviewed pursuant to the procedures outlined in those ordinances. An application form is provided as Appendix B to this chapter.[1]

The conservation plan shall be accompanied by the requisite fees as provided by Subsection C of this section.

Five copies of the conservation plan and application must be submitted to the Township Planning Commission Secretary.

The Township Planning Commission Secretary shall forward the conservation plan and application to the following individuals or agencies for review and comment:

Two copies to the Township Planning Commission.

One copy to the Township Engineer or consultant.

One copy to the Township Zoning Officer.

One copy to the appropriate utility company, if applicable.

Editor's Note: Appendix B is included as an attachment to this chapter.

Where the site disturbance activities for which a conservation plan is required pursuant to § 257-3B of this chapter does not require a review under Chapter 355, Subdivision and Land Development, or Chapter 400, Zoning, of the Code of the Township of Coolbaugh, the developer shall submit a conservation plan application and conservation plan to the Township Zoning Officer accompanying the zoning permit application. The Township Zoning Officer shall review the application and plan according to the checklist found in Appendix A, and if all of the submission requirements of this chapter are met, shall issue an official submission receipt to the applicant. An application form is provided as Appendix B to this chapter.[2]

The conservation plan shall be accompanied by the requisite fees as provided by Subsection C of this section.

Three copies of the conservation plan and application must be submitted to the Zoning Officer.

The Zoning Officer shall forward the conservation plan and application to the following individuals or agencies for review and comment:

One copy to the Township Engineer or consultant.

One copy to the appropriate utility company, if applicable.

Editor's Note: Such appendixes are included as attachments to this chapter.

The Board of Supervisors shall have a total of 90 days to review and approve or disapprove a conservation plan submitted under Subsection A(1) of this section, and the Zoning Officer shall have a total of 30 days to review and approve or disapprove a conservation plan submitted under Subsection A(2) of this section. The Board of Supervisors or the Zoning Officer may require additional information within 30 days under Subsection A(1) and 15 days under Subsection A(2) Failure of the conservation plan to comply with the standards set forth in § 257-4 shall be grounds for disapproval of the plan.

All approved plans must be officially dated and signed by the Board of Supervisors or the Zoning Officer and the applicant prior to commencing any site disturbance. The applicant's signature shall constitute a written certification that work shall be performed in accordance with the plan.

Inspections.

No site disturbance work shall begin, or proceed to a subsequent phase, until inspected and approved by the Township representative who shall then file a report thereon with the Township.

The phase of construction and corresponding times of inspection shall be as follows:

Upon completion of rough grading, but prior to placing topsoil, installing permanent drainage or other site improvements, or establishing ground covers.

Upon completion of final grading, landscape improvements and other mitigation work undertaken in accordance with the approved conservation plan.

The Township representative may make random inspections as deemed necessary and appropriate. A report shall be filed with the Township after every inspection.

The applicant shall file a preconstruction inspection schedule with the Township Board of Supervisors and/or the Zoning Officer prior to beginning site disturbance work. This schedule shall be prepared in accordance with Subsection B(2) of this section and, if applicable, § 355-36 of Chapter 355, Subdivision and Land Development.

The Township representative shall have discretion to modify or waive the otherwise applicable inspection schedule called for above. The reasons for such modifications or waivers shall be noted in a report to the Township.

(5)

The applicant shall notify the Township representative at least 72 hours prior to completion of each phase identified in Subsection B(2) of this section to schedule the required inspection. Upon receiving such notice, the Township representative shall inspect the work within 48 hours of completion and immediately notify the permittee, in writing, of its acceptability or in what respect there has been a failure to comply. Any portion of the work which does not comply shall be corrected promptly by the permittee. No work on subsequent phase shall proceed until such corrections are carried out to the satisfaction of the Township representative.

Fees.

The applicant shall agree, in writing, to reimburse the Township for all costs of administration and review of the application by the Township Engineer or consultant. The amount of the required fees shall be determined by completing the escrow fee calculation form found in Appendix C of this chapter.[3] The completed escrow fee calculation form shall be submitted along with the application and conservation plan. The number of escrow fee calculation forms to be submitted shall correspond to the number of applications and conservation plans required by Subsection A of this section.

Editor's Note: Appendix C is included as an attachment to this chapter.

Excluding fixed administration costs, the applicant shall be charged only for time and materials actually expended and detailed in bills from the Township Engineer or consultant. Any unexpended balance of the deposit for plan review shall be returned to the applicant following approval of the conservation plan.

If actual time required of the Township Engineer or consultant will exceed the deposited amount, the Township shall render to the applicant a preliminary statement of time and materials expended and an additional amount must be deposited with the Township prior to plan approval.

Fees covering the cost of inspections shall be paid by the applicant to the Township prior to plan approval. The amounts of these inspection fees shall be fixed by resolution of the Board of Supervisors. If problems arise requiring more extensive involvement of the Township Engineer or consultant during the inspection process, any resulting costs that exceed the initial fees will be assessed to the applicant.

Enforcement.

Notice of violation.

If, at any time during inspection the Township Engineer, consultant and/or Zoning Officer determines that the site work does not conform to the approved plan, a written notice to comply shall be given to the applicant. Such notice shall set forth the nature of corrections required and the time within which corrections shall be made.

The failure to comply with the notice, within the time specified, constitutes a violation of this chapter and the Township shall institute enforcement actions pursuant to Subsection D(2) and (3) of this section.

The issuance of a notice of violation shall operate as a cease-and-desist order on all work at the site until corrections are made as required by the notice.

Summary enforcement. Any person, firm or corporation who shall violate any provision of this chapter, upon conviction thereof in an action brought before a Magsiterial District Judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this chapter continues or each section of this chapter which shall be found to have been violated shall constitute a separate offense.

Causes of action. In case any natural feature defined in § 257-3A(2) of this chapter is disturbed or impacted, or is proposed to be disturbed or impacted in violation of this chapter, the Township may institute any appropriate action or proceeding to restrain, correct, abate or prevent said violation. Any judgment entered on behalf of the Township shall include costs and reasonable attorneys' fees.

Restitution. If the applicant refuses or fails to complete site work as part of an approved conservation plan, then the work may be completed by the Township and the costs charged to the applicant.

Appeals. All appeals from decisions hereunder shall be taken in the manner set forth in the statutory authorities in § 257-1C of this chapter.

Conservation plan amendments.

Major modifications of any approved conservation plan as determined by the Township, shall be submitted to the Township and reprocessed in the same manner as the original plan. All development and land disturbances activities shall be suspended pending the approval of modified plans.