[Added 5-1-2006 by Ord. No. HR-351]
To meet the purposes and goals of this chapter, the following restrictions shall apply. Where two or more natural features overlap, the restriction on the feature with the higher protection standard shall be used. The standards contained herein shall be minimum standards to be met and maintained. Standards established by other township ordinances or by state and federal rules and regulations shall apply where those standards are more restrictive than the standards set forth herein. All area, dimensional and impervious surface requirements as set forth for districts in this chapter shall also be met.
A. Lands involving steep slopes must be handled in accordance with §
208-118 of the Township Zoning Ordinance.
B. Specimen trees, woodlands, wooded lots and individual trees with a minimum diameter of six inches shall be preserved as follows.
(1) Specimen trees. No person, directly or indirectly, shall without first obtaining permission, as herein provided, remove or relocate to another site any specimen tree, regardless of location, provided that the specimen tree has been so designated on the plans submitted and approved. In any instance in which such a tree is proposed to be removed, the following procedure shall be followed:
(a) The Planning Commission shall review plans submitted to it to determine if there are any feasible alternatives to the removal of the tree(s) in question. The Planning Commission shall approve the removal of specimen trees when no such feasible alternative is found and/or if one or more of the following conditions is present:
[1] Necessity to remove trees that pose a safety hazard to pedestrian or vehicular traffic or threaten to cause disruption of public services.
[2] Necessity to remove trees which pose a safety hazard to buildings.
[3] Necessity to remove diseased trees, trees infested with destructive insects liable to infect the healthy trees on the same or adjacent property or trees weakened by age, storm, fire or other injury.
[4] Necessity to observe good forestry practices, i.e., the number of healthy trees that a given parcel of land will support when documented by a report prepared on behalf of the developer by a qualified professional forester, arborist or a registered landscape architect.
[5] Other conditions substantially similar to those listed above which warrant the removal of the tree.
(b) In any instance when, during and after construction, a property owner finds it necessary to remove a tree noted on the approved plans as a specimen tree, an application shall be made to the Township for approval. The Zoning Officer may refer the matter to the Planning Commission or issue the permit without any Planning Commission recommendation, including but not limited to such cases where immediate removal of a tree is necessary due to an emergency health or safety threat.
(2) Woodlands and trees on slopes of 15% or greater. Woodlands and trees located on slopes of 15% or greater shall be protected in accordance with the regulations governing steep slopes and shall be disturbed only to the extent permitted by those provisions.
(3) Individual trees with a minimum diameter of six inches.
(a) Such tree(s) outside of any construction zone standing alone, separate from an area considered as woodlands, shall also be preserved and incorporated into the landscape plan required for a proposed development. The Planning Commission shall credit the preservation of such trees toward the planting requirements contained in the Township Subdivision and Land Development Ordinance.
(b) Credit shall only be considered for trees that are a minimum of 15 feet from a proposed building footprint and a minimum of eight feet from proposed limits of earthwork.
(c) Any trees that qualify under this subsection shall be shown on the submitted subdivision and/or land development plan. Should field conditions not allow for retention of any individual tree(s) previously identified to be saved, the applicant shall apply to the township to request permission to remove the same; suitable documentation testifying to the need for removal from a qualified arborist, professional forester or landscape architect shall accompany any such request. Any tree to be retained shall be protected in accordance with the requirements of §
181-56A, Protection of trees, of the Township Subdivision and Land Development Ordinance.
C. Geological formations. Lands within an area underlain by carbonate geology shall meet the following standards:
(1) No stormwater management basin shall be placed in or over the following features: sinkholes, fracture traces, springs or disappearing streams (places where surface drainage enters the ground).
(2) Principal buildings proposed to be constructed within the influence of a sinkhole, closed depression, lineament, fracture trace, spring, ghost lake or disappearing stream shall be designed so as to provide adequate dispersal of water in order to reduce the hazard of building damage due to collapse or subsidence. All measures proposed to be used by the applicant to control adverse impacts shall be described to the satisfaction of the Township Engineer and/or a qualified consultant(s).
(3) Liquid fuels, other hazardous liquids and hazardous solids which are water soluble shall not be stored underground or in open surface impoundments in areas underlain by carbonate geological formations. Liquid fuels or other hazardous liquids in aboveground facilities stored in all areas shall have impermeable surfaces such as concrete or other impervious material under the storage and handling areas to confine and prevent groundwater contamination. Additionally, aboveground storage tanks shall comply with requirements of and any regulations promulgated for the Pennsylvania Storage Tank and Spill Prevention Act, Act No. 32 of 1989, or subsequent Acts amending the same. Underground storage tanks shall comply with all applicable federal and state laws.
(4) Facilities such as, but not limited to, landfills, private dumps, auto salvage yards, refuse facilities and junkyards shall not be permitted within areas having carbonate geologic formations or within the influence of the same.
D. Ponds, lakes, streams and drainage swales and/or channels. Such areas shall not be altered, regraded, developed, filled, piped, diverted or built upon, except that driveways, roads and utilities may cross these areas where design approval is obtained from the Township Engineer and the Pennsylvania Department of Environmental Protection, as applicable, and where no other practical alternative is available. Drainage swales and channels, if not classified as floodplains, may be relocated if their existing location renders development impractical, provided that the existing entry and exit point on to and off of the development site shall be maintained. Further, such relocation shall be approved by the Township Engineer and must meet the following additional criteria:
(1) The hydraulic cross section of the swale/channel is less than five square feet;
(2) Flow and retention characteristics are unaltered, including release in the same form and location;
(3) Proper construction to permit slope stabilization is utilized; and
(4) In the event that the channel is an extension of an existing culvert under a roadway, railroad, retention pond berm or is a man-made ditch that carries water only during precipitation.
E. Wetlands and PNDI sites. Wetlands and PNDI sites shall not be altered, regraded, developed, filled, piped, diverted or built upon, except that driveways, roads and utilities may cross wetlands where design approval is obtained from the Township Engineer, the Pennsylvania Department of Environmental Protection and the United States Army Corps of Engineers and where no other practical alternative is available.
F. Established pedestrian and equestrian trails. Established hiking, pedestrian and equestrian trails, including but not limited to portions of the Horseshoe Trail System and any other trail system depicted on any map officially adopted by the township, shall be preserved. The applicant shall provide easements to allow for the continued use of such trails. In the case of a development site, the alignment of any current trail may be relocated to another portion of the site. However, the applicant shall maintain the trail's existing entry and exit points on to and off of the site. In addition, the applicant shall not relocate the trail to an area where it is more difficult to traverse (due to steeper slopes or other impediments not present on the existing trail) or where it would be infeasible to use for its current purpose.
G. Floodplain. Floodplain areas shall not be altered, regraded, developed, filled, piped, diverted or built upon except in accordance with the Flood Hazard Districts regulations of Chapter
208.