Township of East Fallowfield, PA Part 14 NATURAL RESOURCE PROTECTION STANDARDS

§ 27-1401 Purpose.

[Ord. 2002-06, 11/11/2002, § 1401]

1. The following natural resource protection standards are established to protect the public health, safety, and welfare by minimizing adverse environmental impacts. These standards are intended to meet the following purposes.

A. In accordance with the East Fallowfield Township Comprehensive Plan (1999), to protect environmentally sensitive areas from the encroachment of development, insure the preservation of sensitive natural resources and agriculture within the Township and to implement the following specific objectives of the Comprehensive Plan:

(1) Delineate sensitive natural resources and identify the necessary regulatory measures needed to protect them.

(2) Restrict the development of and protect areas sensitive to development including areas with steep slopes, soil limitations, woodlands, wetlands, floodplains, old fields, and wildlife habitat.

(3) Permit only appropriate land uses in floodplains in order to protect the natural state and water quality of streams and water bodies, and particularly the West Branch of the Brandywine Creek and Buck Run.

(4) Restrict the development of slopes of 15% or greater to minimize disturbance and otherwise require mitigation where development is permitted.

(5) Develop the necessary regulatory and other measures to manage the removal of trees in the Township and tree replacement mitigation measures.

(6) Delineate agricultural preservation zones and devise a growth management strategy that includes regulatory measures to preserve valuable agricultural land and protect the agribusiness community from development encroachment.

B. Protect identified natural resources within the Township in accordance with the following goals and objectives of the East Fallowfield Township Open Space, Recreation, and Environmental Resources Plan (1993).

(1) Preserve floodplains, wetlands, and other hydrological resources and identify additional ordinance provisions which address the protection of environmentally sensitive water resources, such as wetlands and wetland margins.

(2) Preserve areas of steep and very steep slopes and strengthen ordinance provisions to minimize disturbance of steep slopes and require mitigation measures for development of steep slopes.

(3) Preserve wooded areas of the Township and identify ordinance provisions which address the removal of trees, tee replacement, and tree protection.

(4) Preserve agriculture as a viable industry and as a desirable open space land use.

§ 27-1402 Protection Standards.

[Ord. 2002-06, 11/11/2002, § 1402]

1. General.

A. Natural Resources Defined.

(1) Natural resources specifically protected by this Part include floodplains, steep slopes, wetlands, wetland margins, riparian buffers, woodlands, hedgerows, and specimen vegetation.

(2) These natural resources and related terminology shall be as defined in Part 2.

(3) Such resources, along with other required information of this Part, shall be delineated, described, and mapped in accordance with the requirements of § 27-1403 below.

B. Applicability.

(1) It shall be a violation of this chapter to regrade, fill, pipe, divert, channel, build upon, or otherwise alter or disturb a natural resource protected by this Part prior to the submission, review, and approval of:

(a) Applications for zoning or building permits.

(b) Conditional use or special exception approvals.

(c) Zoning variances.

(d) Submission of plans for subdivision or land development.

(2) Where disturbance of a natural resource is permitted, it shall not take place until it has been determined that such disturbance is consistent with the provisions of this Part and other applicable ordinance provisions.

(3) Restrictions to the disturbance of resources shall apply before, during, and after construction on a site.

C. Plan information required by this Part shall be verified as correct by the Township Engineer or other qualified professional as determined by the Township Engineer.

D. In the event that two or more natural resource areas identified in this Part overlap, the resources with the most restrictive standard (the least amount of permitted alteration, regrading, clearing, or building) shall apply to the area of overlap.

E. In the event that the provisions of this Part and the provisions of other applicable Township ordinance standards are in conflict, the more restrictive provisions shall apply.

2. Floodplain.

A. Definition.

FLOODPLAIN

A relatively flat or low area adjoining a river, stream, or watercourse which is subject to partial or complete inundation, or an area subject to the unusual and rapid accumulation or runoff of surface areas. For the purpose of this chapter, the floodplain shall include the area within the Flood Hazard District as defined by § 27-1509, Subsection 2.

B. Resource Protection Standards. Areas identified as being within the boundaries of the floodplain shall not be regraded, filled, built upon, channeled, or otherwise altered or disturbed except in conformance with Part 15, "Flood Hazard District," of this chapter.

C. Delineation. The applicant shall delineate the limit of floodplains which are on the site, in accordance with § 27-1403 below.

3. Steep Slopes.

A. Definitions.

STEEP SLOPES

Areas where the average slope equals or exceeds 15%. For the purposes of this chapter, steep slopes are divided into two categories:

	MODERATELY STEEP SLOPES — Those areas of land where the grade is 15% to 25%. Small areas of less than 15% slope occurring in the midst of larger areas of steeply sloping ground shall be averaged with the adjoining steeply sloping ground.
	VERY STEEP SLOPES — Those areas of land where the grade is greater than 25%.

B. Resource Protection Standards.

(1) Steep slope areas, whether natural or man-made, shall be preserved in their existing state whenever possible. Where construction of roads, buildings, driveways, or infrastructure cannot be avoided, disturbance shall be kept to the minimum necessary and, in no case, shall it exceed the following permitted disturbance limits:

(a) Moderately Steep Slopes (15% to 25% grade) — no more than 30% of moderately steep slopes shall be regraded, cleared, built upon, or otherwise altered or disturbed.

(b) Very Steep Slopes (Greater than 25% grade) — areas identified as very steep slopes shall not be regraded, cleared, built upon, or otherwise altered or disturbed except for the following purposes when approved as a conditional use. In no case shall these permitted activities disturb more than 15% of very steep slopes.

1) Timber harvesting (selective cutting only) when conducted in compliance with the required logging plan [see § 27-1402, Subsection 7B(2)(a)]. Clear-cutting or grubbing of trees is prohibited on very steep slopes.

2) Grading for the minimum portion of a road or driveway necessary for access to the principal use and sewer, water, and other utility lines when it can be demonstrated that no other routing for access or utility lines is feasible. The installation of septic tanks, seepage beds, or drain fields in areas of very steep slopes shall be prohibited.

(2) Slopes shall be measured as the change in elevation over the horizontal distance between consecutive contour lines and expressed as a percent. For the purpose of application of these regulations, slope shall be measured over three or more two-foot contour intervals (six cumulative vertical feet of slope). All slope measurements shall be determined by a topographic survey signed and sealed by a registered surveyor or engineer licensed to practice in the Commonwealth of Pennsylvania.

(3) Areas of land with 15% or greater slope consisting of less than three contour intervals and less than 1,000 square feet in extent may be excluded from these resource protection standards provided they do not adjoin or abut larger areas of steeply sloping ground as defined herein.

(4) Proposed land disturbance or the construction of buildings or structures shall be conducted in such a manner as to provide the least alteration necessary of the existing grade, vegetation, and natural soils condition and in a manner that will not cause excessive surface water runoff, erosion, and unstable soil conditions.

(5) Agricultural uses which create land disturbances on steep slopes shall comply with the disturbance limitations in Subsection 2B(1), above. Such uses shall be conducted in conformity with conservation and best management practices, including minimum tillage methods, accepted by the Soil Conservation Service and the Chester County Conservation District.

(6) Excessive cut and fill shall be avoided. New roads and improvements to existing roads should be designed within the existing contours of the land to the extent possible and strive for compatibility with the character of rural roads.

(7) Finished slopes of permitted cut and fill shall not exceed 33% slope unless the applicant can demonstrate the method by which steeper slopes can be stabilized and maintained adequately.

(8) All stockpiles of earth shall be seeded or otherwise stabilized to the satisfaction of the Township Engineer when stored for more than 21 days. Cut and fill resulting in slopes of greater than 25% shall be protected with an erosion control blanket.

(9) Any disturbance of land shall be in compliance with the erosion and sedimentation control standards of the Township Subdivision and Land Development Ordinance [Chapter 22] and 25 Pa. Code, Chapter 102. Stormwater management controls shall comply with the recommendations for best management practices in the Pennsylvania Handbook of Best Management Practices for Developing Areas (1998) and the stormwater management standards of the Subdivision and Land Development Ordinance [Chapter 22].

C. Delineation. The applicant shall delineate the two categories of steep slopes (moderately steep, very steep) which are on the site in accordance with § 27-1403 below. In addition, as applicable, the following information shall be submitted with a subdivision or land development plan, building permit, zoning permit, conditional use or special exception application:

(1) A grading plan shall be provided identifying the existing contours of the site, proposed finished grades, and the proposed location of all buildings and structures.

(2) An erosion and sedimentation control plan and soil stabilization plan shall be submitted consistent with the requirements of the Subdivision and Land Development Ordinance [Chapter 22]. The plan shall demonstrate how soil will be protected from erosion during construction and how soil will be stabilized upon the completion of construction.

(3) The adequacy of access to the site for emergency vehicles shall be subject to review by the Fire Marshal or his designee. The necessary information shall be submitted by the applicant to the Fire Marshal or his designee for his review.

(4) Plan, profile, and typical cross-sections of any proposed street, emergency access, or driveway within areas of steep slopes shall be provided, sealed by a registered professional engineer.

4. Wetlands.

A. Definition.

WETLANDS

Those areas inundated or 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, ponds, lakes, and similar areas. Wetlands include all lands regulated as wetlands by the PaDEP or the U.S. Army Corps of Engineers. In the event there is a conflict between the definitions of these agencies, the more restrictive definition shall apply.

B. Resource Protection Standards.

(1) Any applicant proposing a use, activity, or improvement which would entail the regrading or placement of fill in wetlands shall provide the Township with proof that the Pennsylvania Department of Environmental Protection (Southeast Regional Office) and the U.S. Army Corps of Engineers have been contacted to determine the applicability of state and federal wetland regulations. The applicant shall concurrently provide to the Township a copy of the application and any other wetlands information submitted to PaDEP and the U.S. Army Corps of Engineers.

(2) Wetlands shall not be regraded, filled, piped, diverted, channeled, built upon, or otherwise altered or disturbed except where state or federal permits have been obtained.

C. Delineation. The applicant shall delineate the limits of wetlands on the site in accordance with § 27-1403 below. In addition, the following information shall be provided:

(1) A full wetland delineation report conducted by a qualified wetland biologist, soil scientist, or environmental professional of demonstrated qualifications shall be submitted to the Township. If there is a question as to the accuracy of the wetland delineation report, the Township may hire a qualified consultant to review the delineation and recommend revisions at the applicant's expense.

(2) The professional preparing the report shall certify that the methods used correctly reflect the currently accepted technical concepts, including identification and analysis of wetland vegetation, hydric soils, and hydrologic indicators. Methods used in the delineation report shall be acceptable to the Township Engineer or other qualified consultant hired by the Township.

(3) The wetland report shall include a determination of whether wetlands are present on the site and a full delineation, area measurement (in square feet), and description of any wetlands determined to be present.

5. Wetland Margins.

A. Definitions.

HYDRIC SOILS

A soil which is formed under saturated conditions including any soil inventoried or described as hydric according to the Soil Survey of Chester and Delaware Counties, Pennsylvania, or other information provided by the U.S. Soil Conservation Service (SCS). For the purpose of this chapter, hydric soils shall include, but are not limited to those soils listed in Appendix 27-1401-1. Where site conditions indicate that the location of hydric soils differ from locations indicated by the SCS, the burden shall be upon the applicant to verify such location(s) to the satisfaction of the Board of Supervisors, otherwise the SCS information shall be presumed to be accurate. Where the applicant seeks reclassification of hydric soils and their location, such reclassification shall be undertaken by a certified soil scientist or other similarly qualified professional.

WETLAND MARGINS

A wetland margin is the transitional area extending from the outer limit of a wetland. Where hydric soils are present, the wetland margin shall extend to the limit of the hydric soils or to 100 feet, whichever is less. Regardless of the presence of hydric soils, the wetland margin shall always extend a minimum width of 25 feet from the edge of the wetland boundary.

B. Resource Protection Standards.

(1) Except as noted below, no more than 20% of a wetland margin shall be regraded, filled, built upon, or otherwise altered or disturbed.

(2) The following uses or activities shall be permitted in the wetland margin and shall not be counted towards the 20% disturbance allowance:

(a) Regulated activities permitted by the commonwealth (i.e., permitted stream or wetland crossing).

(b) Provision for unpaved trail access.

(c) Selective removal of hazardous or invasive alien vegetative species.

(d) Vegetation management in accordance with an approved landscape plan or open space management plan.

(e) A soil or water conservation project approved by the Chester County Conservation District.

(3) Timber harvesting shall only be permitted within the allowable 20% disturbance limitation and shall be restricted to selective cutting. Clear-cutting or grubbing of trees is prohibited within the wetlands margin. Permitted timber harvesting shall be undertaken in accordance with a logging plan as defined in Part 2 and consistent with the requirements of § 27-1402, Subsection 7.

C. Delineation. The applicant shall delineate the limits of the wetland margins on the site in accordance with § 27-1403 below.

6. Watercourses/Riparian Buffers.

A. Definitions.

RIPARIAN BUFFER

A riparian buffer is an area of trees and other vegetation adjacent to a watercourse that forms a transition area between the aquatic and terrestrial environment. The riparian buffer is designed to intercept runoff from upland sources for the purpose of mitigating the effects of nutrients, sediment, organic matter, pesticides, or other pollutants prior to entry into surface waters. For the purposes of this chapter, the riparian buffer shall be divided into two zones:

(a) ZONE ONE: INNER RIPARIAN BUFFER — This zone begins at each edge (i.e., the sloping banks of the stream) of an identified watercourse and occupies a margin of land with a minimum width of 35 feet measured horizontally on a line perpendicular to the edge of the water at the top of the defined bank, as reviewed and approved by the Township Engineer. Where very steep slopes (greater than 25%) are located within 35 feet of a watercourse, Zone One shall extend the entire distance of this sloped area.

(b) ZONE TWO: OUTER RIPARIAN BUFFER — This zone begins at the outer edge of Zone One and occupies a minimum width of 45 feet in addition to Zone One. In cases where Zone One extends beyond 35 feet due to the presence of very steep slopes, the width of Zone Two shall be adjusted so that the total riparian buffer width equals a maximum width of 80 feet.

WATERCOURSE

A watercourse is a channel or conveyance of surface water having defined bed and banks, whether natural or artificial, with perennial or intermittent flow.

B. Resource Protection Standards.

(1) Zone One Riparian Buffer.

(a) Except as noted below, no woodland disturbance or other land disturbance shall be permitted within the Zone One Riparian Buffer.

(b) The following uses and activities shall be permitted within the Zone One Riparian Buffer:

1) Regulated activities permitted by the commonwealth (i.e., permitted stream or wetland crossing).

2) Provision for unpaved trail access.

3) Selective removal of hazardous or invasive alien vegetative species.

4) Vegetation management in accordance with an approved landscape plan or open space management plan.

5) A soil or water conservation project approved by the Chester County Conservation District.

(2) Zone Two Riparian Buffer.

(a) Except as noted below, no more than 20% of a Zone Two Riparian Buffer shall be regraded, filled, built upon, or otherwise altered or disturbed.

(b) Those activities permitted in the Zone One Riparian Buffer shall be permitted in the Zone Two Riparian Buffer and shall not be counted towards the 20% disturbance allowance.

(3) Timber harvesting shall only be permitted within the allowable 20% disturbance limitation of the Zone Two Riparian Buffer and shall be restricted to selective cutting. Clear-cutting or grubbing of trees is prohibited within all riparian buffers. Permitted timber harvesting shall be undertaken in accordance with a logging plan as defined in Part 2 and consistent with the requirements of § 27-1402, Subsection 7.

C. Delineation. The applicant shall delineate watercourses and Zone One and Zone Two Riparian Buffers located on the site, in accordance with § 27-1403 below.

7. Woodlands, Hedgerows, and Specimen Vegetation.

A. 

Definitions.

CLEAR-CUTTING

The indiscriminate removal of all trees on a site, or portion thereof.

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 and § 22-630 of the Township Subdivision and Land Development Ordinance [Chapter 22], hedgerows are considered woodlands and regulated as such.

LOGGING PLAN

A written plan for timber harvesting consistent with the requirements of Chapter 13, Part 3, "Timber Harvesting Regulations," of this Code of Ordinances.

OLD FIELD

An area undergoing natural succession characterized by the presence of herbs, shrubs, and small trees (seedlings) whose branches do not form a complete or nearly complete aerial canopy.

SELECTIVE CUTTING

The felling of certain, but not all trees, in an area for the purpose of removing dead, diseased, damaged, mature, or marketable timber or for improving the quality of a tree stand. The removal of more than 35% of trees in an area shall be defined as "selective harvesting" and the requirements for timber harvesting shall apply.

SPECIES OF SPECIAL CONCERN SITES

Sites which have been identified on the Pennsylvania Natural Diversity Inventory (PNDI) or the Chester County Natural Areas Inventory as possessing floral or faunal species of concern or sites in which federally and/or state recognized threatened or endangered species of flora and/or fauna have been documented.

SPECIMEN TREE

Any tree meeting the definition of specimen vegetation.

SPECIMEN VEGETATION

Includes:

(a) Unique, rare, or otherwise specifically selected trees or vegetation which most typically represent a whole class or group, specifically in shape, form, or historical importance. It is further provided that an applicant for subdivision or land development approval or other required approval under Part 14 may identify a species or type of tree qualifying as "specimen vegetation." The Township Board of Supervisors, based upon consultation with the Planning Commission and/or engineering or other consultants, will consider in good faith the applicant's proposed designation of a particular species or type of tree as qualifying for treatment as "specimen vegetation." Under the terms, requirements, and directives of this chapter and the Township Subdivision and Land Development Ordinance [Chapter 22].

(b) For the purposes of this chapter, "specimen vegetation" shall also include identified "species of special concern sites" and shall be subject to the same provisions as specimen vegetation.

TIMBER HARVESTING—(ALSO INCLUDES THE TERMS "TREE HARVESTING AND LOGGING")

The process of cutting down trees and removing logs from the forest for the primary purpose of sale or commercial processing of wood products.

WOODLAND DISTURBANCE

(1) any activity which alters the existing structure of a woodland or hedgerow. Alterations include the cutting or removal of canopy trees, subcanopy trees, understory shrubs and vines, and herbaceous woodland floor species; (2) any activity which constitutes a land disturbance (i.e., exposes soils, alters topography) within a woodland or hedgerow; (3) woodland disturbance does not include the selective cutting or removal of invasive alien trees, shrubs, vines, or herbaceous species including, but not limited to: Multiflora Rosa (Rosa multiflora), Autumn Olive (Eleagnus umbrella), Japanese Honeysuckle (Lonicera japonica), Oriental Bittersweet (Celastrus orbiculatus), Norway Maple (Acer platanoides), and Mile-a-Minute Weed (Polygonum perfoliatum).

WOODLANDS

Woodlands consist of a tree mass or plant community in which the tree species are dominant or codominant and the branches of the trees form a complete, or nearly complete, aerial canopy. For the purposes of this chapter, the extent of the woodland plant community shall be measured from the outer-most dripline of all trees in the community. Woodlands shall include any area where timber has been harvested within the previous three years which would have met the definition of woodland prior to timbering or disturbance. Woodlands do not include orchards and old fields.

B. Resource Protection Standards.

(1) Specimen vegetation shall not be removed from any lot or tract except where the applicant demonstrates to the satisfaction of the Board of Supervisors that such removal is essential to eliminate a hazardous condition(s); where permitted, removal of specimen vegetation shall be minimized. Specimen trees to be retained shall be credited toward any tree replacement required by § 22-630, Subsection 3, of the Township Subdivision and Land Development Ordinance [Chapter 22].

(2) Disturbance Allowance for Woodlands and Hedgerows.

(a) Unless undertaken as an approved timber harvesting operation conducted in compliance with the required logging plan, no more than 35% of woodlands shall be regraded, cleared, built upon, or otherwise altered or disturbed for residential uses and no more than 50% of woodlands shall be regraded, cleared, built upon or otherwise altered or disturbed for nonresidential uses.

(b) Where disturbance of existing areas of woodlands and hedgerows exceeds the criteria of § 22-630, Subsection 2C, of the Township Subdivision and Land Development Ordinance [Chapter 22], woodland replacement shall be required consistent with the standards of § 22-630, Subsection 3, of the Township Subdivision and Land Development Ordinance [Chapter 22]. Determination of the extent of woodland disturbance shall be as described in § 22-630, Subsection 2C, of the Township Subdivision and Land Development Ordinance [Chapter 22].

(c) When proposed development necessitates woodland disturbance, the criteria of § 22-630, Subsection 2D, of the Township Subdivision and Land Development Ordinance [Chapter 22] shall be used for guidance in selecting vegetation for retention or clearing.

(d) Protection of Woodlands to Remain On-Site. Woodlands, hedgerows, individual trees, and other vegetation that are to remain on the site shall be identified on the plan and protected in accordance with the provisions of § 22-630, Subsection 2E, of the Township Subdivision and Land Development Ordinance [Chapter 22]. In addition:

1) Preserved woodlands and hedgerows may be used to provide the vegetative screens and buffers required by § 27-1808 of this chapter. Where necessary to meet the intent and minimum standards of § 27-1808, additional planting may be required to supplement existing vegetation.

2) Provisions for the long term management of woodland areas not subject to woodland disturbance shall be consistent with the woodland management planning requirements of § 22-630, Subsection 4, of the Township Subdivision and Land Development Ordinance [Chapter 22].

C. Delineation. The applicant shall delineate or identify the limits of woodlands, hedgerows, or specimen vegetation on the site in accordance with § 27-1403 below. Where vegetation on the site is to be preserved, it shall be clearly delineated on the plan as areas to be protected.

8. Prime Agricultural Soils.

A. Definition.

PRIME AGRICULTURAL SOILS

Soils which, due to their suitability for cultivation and agricultural use, have been classified by the U.S. Department of Agriculture as being in capability units I, II, or III. For the purpose of this chapter, prime agricultural soils shall include, but are not limited to, those soils listed in Appendix 27-1401-2.

B. Resource Protection Standards. Where the following soils are located within the Agricultural Preserve Area as designated on the Future Land Use Map of the East Fallowfield Township Comprehensive Plan (1999, as amended) and within the RA Rural Agricultural District of this chapter, the following standards shall apply:

(1) Class I Agricultural Soils: no more than 10% of these soils shall be developed or built upon, nor shall they be disturbed except for agricultural purposes.

(2) Class II Agricultural Soils: no more than 15% of these soils shall be developed or built upon, nor shall they be disturbed except for agricultural purposes.

(3) Class III Agricultural Soils: no more than 20% of these soils shall be developed or built upon, nor shall they be disturbed except for agricultural purposes.

C. Delineation. The applicant shall delineate or identify the limits of prime agricultural soils on the site in accordance with § 27-1403 below.

9. Groundwater Protection.

A. Water Survey Requirement. When required by the Board of Supervisors, the applicant shall provide a water survey consistent with the requirements of § 22-507 of the Township Subdivision and Land Development Ordinance [Chapter 22]. The provisions for water supply of § 22-621 of the Township Subdivision and Land Development Ordinance [Chapter 22] shall also be met by the applicant.

B. Well Yield Requirements and Approvals. Proposed potable water supply wells intended to serve as an individual water supply shall provide a minimum well yield of two gallons per minute and shall be consistent with the minimum storage capacity and other well requirements established by § 501 of the Chester County Health Department's Rules and Regulations. Proof of approval of the proposed water supply by the Chester County Health Department shall be provided by the applicant In cases where review by the Delaware River Basin Commission and/or the Commonwealth of Pennsylvania is required, proof of this review shall also be submitted.

C. Groundwater Quantity Protection Strategies. The following strategies for the minimization of net groundwater loss shall apply to any land use involving 2,500 square feet or more of land disturbance:

(1) New developments and their stormwater management systems shall be designed so that net post-development conditions achieve at least "meadow condition" hydrologic characteristics by infiltrating the net increase in volume (from "meadow condition" to post-development condition) of the runoff of the two-year storm.

(a) Where it is demonstrated to the satisfaction of the Township Engineer that site conditions preclude meeting this criteria, then the net increase in volume of the runoff of the one-inch storm shall be infiltrated.

(b) Areas of existing commercial or industrial development that are undergoing redevelopment shall utilize two-year or one-inch opportunities or provide equivalent mitigation measures.

(2) Impervious cover shall be kept to the minimum required for the development and shall, in no case, exceed the permitted impervious coverage allowances of this chapter. Strategies, such as the use of porous paving, grassed swales in place of curbs, planted islands in cul-de-sac turnarounds, reduction of driveway lengths by adhering to minimum building setbacks, and other similar techniques shall be used wherever possible.

(3) The use of pervious areas for on-site rainfall infiltration shall be maximized and stormwater Best Management Practices (BMPs) that first manage stormwater by dispersing runoff as sheet flow over pervious areas or into infiltration BMPs (i.e., routing runoff as sheet flow through forested riparian buffers, into wetlands, rain gardens, level spreaders, etc.) shall be incorporated into proposed developments wherever applicable. The "disconnection" or interspersion of large impervious surfaces with pervious breaks shall be implemented wherever possible to maximize infiltration of stormwater runoff.

(4) Conservation design practices and infiltration BMPs to increase infiltration and eliminate the need for, or reduce the size of, stormwater basins for flood peak attenuation shall be incorporated into plans. Wet retention ponds shall be considered first, extended retention basins shall be a second choice, and the use of dry detention basins shall be the least preferred method, to provide additional infiltration and pollutant removal of stormwater prior to its release into streams.

(5) Proposed development shall be consistent with the principles and practices set forth in the most current edition of the Pennsylvania Handbook of Best Management Practices for Developing Areas for erosion control and the management of stormwater runoff or this chapter, whichever is more restrictive.

(6) Land application of treated wastewater shall be the preferred method of sewage disposal over stream discharge wherever feasible and shall return the treated wastewater to the watershed that is the source of the water.

D. Groundwater Quality Protection Strategies. The following strategies for the protection of groundwater quality shall be implemented where applicable and feasible:

(1) Wells shall be constructed and unused wells promptly plugged and sealed in accordance with the Chester County Health Departments Rules and Regulations.

(2) Water quality BMPs shall be implemented to remove pollutants from the runoff of the first one inch of rainfall prior to release of stormwater to surface water bodies.

(3) Water quality stormwater BMPs shall be implemented to remove pollutants from stormwater discharges originating from land uses with potential for very high pollutant loadings ("hotspots") prior to infiltration to the groundwater.

(4) Where groundwater contamination is known to exist, new land development shall be coordinated to avoid the further expansion of the contaminant plume that may be caused by pumping of wells for the new development. Such determination shall be made during the water survey required by § 22-507 of the Township Subdivision and Land Development Ordinance [Chapter 22] and in coordination with the Chester County Department of Health and the regulatory agency (i.e., PaDEP or US EPA) with jurisdiction over the remediation work.

(5) Where soils or subsurface contamination is present, infiltration of stormwater recharge shall be avoided to prevent adverse affects to groundwater quality. Where such conditions exist, other design techniques or BMPs shall be incorporated to reduce as much as possible the total volume of stormwater released to streams and equivalent mitigation of the loss of infiltration shall be provided.

(6) Community water supply wells shall be protected with a land use restricted buffer (i.e., no development activities or storage of chemicals or materials that could potentially contaminate the well) with a minimum radius of 200 feet around the wellhead. A community water supply well shall be defined as a water system that provides water for human consumption to at least 15 service connections, or serves an average of at least 25 people for at least 60 days each year.

(7) Nutrient and pesticide management plans shall be required for landscaped areas of five acres or more in size requiring regular maintenance and management. Such management plans shall be developed in accordance with recommended guidelines for turf management of the Penn State College of Agricultural Sciences. Examples of such uses include, but are not limited to, golf courses, athletic fields, hospital or school grounds, and extensive open space areas maintained as mown lawns. Single-family residential dwellings on individual lots shall be exempt from this requirement.

10. Stormwater Drainage. For any new use or modification of an existing use, the Township may require that a plan be prepared to provide adequately for drainage of all buildings and other impervious surfaces, including, where appropriate, areas of on-site retention and groundwater recharge, the use of natural drainage systems, and the installation of facilities for erosion and sedimentation control and stormwater management Plans shall be prepared as specified in Chapter 23, Stormwater Management, of the Code of the Township of East Fallowfield, as amended.

[Added by Ord. 2014-02, 9/23/2014]

§ 27-1403 Application of Natural Resource Protection Standards.

[Ord. 2002-06, 11/11/2002, § 1403]

1. Plan Information and Delineation of Protected Resources. To ensure compliance with the natural resource protection standards of this Part, the following information shall be submitted by the applicant when applying for a zoning or building permit, conditional use or special exception approval, zoning variance, or subdivision and land development approval where land disturbance is contemplated. In those cases where only a limited amount of the site will be subject to disturbance (i.e., 1,000 square feet of disturbance or less), the Zoning Officer may determine the area of land required to be shown on the plan information that will adequately demonstrate compliance with the natural resource protection standards of this section. Where less than the entire site is to be shown on the plan, the application shall be accompanied by a written explanation from the applicant as to why it is not necessary to include the entire site on the required site plan information. Required information includes:

A. A site plan which identifies the limits of all natural resources on the site, including areas of woodlands or other vegetation to be preserved, and the proposed use of the site including any existing or proposed structures.

B. The limits of all encroachments and disturbances necessary to establish the proposed use on the site, including a grading plan showing existing and proposed contours.

C. The minimum buildable area(s) and areas reserved for on-lot sewage systems; as described in Subsection 2 below.

D. Calculations indicating the area of the site with natural resources and the area of natural resources that would be disturbed or encroached upon. The calculations shall be shown on the plan as indicated in the following Table.

E. The figures in Column D (Proposed Disturbance) shall be less than or equal to the figures in Column C (Maximum Amount of Permitted Disturbance).

		Site Disturbance Calculations
		A	B	C	D
Protected Resource		Amount of Land in Protected Resources* (square feet)	Maximum Disturbance Allowance ** (percent)	Maximum Amount of Permitted Disturbance (square feet)	Proposed Disturb- ance of Resource (square feet)
Floodplain			0%
Steep Slopes
	Moderately steep		30%
	Very steep		0%***
Wetlands			0%
Wetland Margins			20%
Riparian Buffers
	Zone 1 buffer		0%
	Zone 2 buffer		20%
Woodlands
	Residential uses		35%
	Nonresidential uses		50%
Prime Ag. Soils****
	Class I		10%
	Class II		15%
	Class III		20%
Total

NOTES:

* Where resources overlap, the overlapping area should be included under the more restrictive resource category (i.e., where woodlands overlap with wetlands, include the area of overlap in the wetlands category).

** Disturbance allowances may be modified where federal or state permits have been obtained by the applicant and provided to the Township.

*** Up to 15% disturbance may be permitted by conditional use for access or utilities as specified in Subsection 3B(1)(b).

**** Applies only to soils located within the Agricultural Preserve Area as designated in the East Fallowfield Comprehensive Plan or within the RA Rural Agricultural District of this chapter.

2. Minimum Buildable Area.

A. Purpose. The identification of a minimum buildable area serves to ensure that sufficient area is provided for the general location of the building, driveway, patio, on-lot sewage facilities (where applicable) and other necessary improvements and site alterations while meeting the natural resource protection standards and minimum setback requirements of this chapter.

B. Building Area Delineation. The applicant shall delineate on the plan a contiguous buildable area, free of protected resources, sufficient in size to accommodate proposed site improvements and required separation distances and which complies with the maximum disturbance requirements of this Part and other applicable codes and ordinances.

C. On-Lot Sewage Facilities Delineation. For uses with individual on-lot sewage systems, a 2,000 square foot or larger area, in addition to the minimum buildable area specified in Subsection 2B above, shall be identified. Where applicable, a 2,000 square foot reserve or replacement area shall also be identified. Such area(s) shall not include the portion of those environmentally sensitive areas that may not be developed or intruded upon as specified in § 27-1402 above, and shall be capable of meeting the required separation distances for such facilities as specified by the Chester County Health Department.

3. Continued Protection of Identified Natural Resources. To ensure the continued protection of identified natural resources, the following requirements shall apply:

A. Protected Resource Areas on Individual Lots.

(1) For resource protected areas on individual lots, restrictions meeting Township specifications shall be placed in deeds for each site or lot that has resource protection areas within its boundaries. Such deed restrictions shall also be clearly stated on the approved final plan.

(2) Deeds shall clearly state that the maintenance responsibility lies with the individual property owner. The restrictions shall provide for the continuance of the resource protection areas in accordance with the provisions of this chapter.

(3) Other mechanisms, such as conservation easements, for ensuring the continued protection of identified resources may also be considered and used if approved by the Township.

B. Protected Resource Areas Held in Common.

(1) For resource protected areas held in common, the provisions of §§ 27-1305, Subsection 5, and 27-1812 of this chapter shall apply.

(2) In addition to the provisions of §§ 27-1305, Subsection 5, and 27-1812, restrictions meeting Township specifications shall be placed on the natural area to be held in common.

(3) The party or organization responsible for the maintenance of the natural area shall be clearly identified in the deed. The restrictions shall provide for the continuance of the resource protected areas in accordance with the provisions of this chapter.

C. Changes to Approved Plans. All applicable plans and deeds shall include the following wording: "Structures, infrastructure, utilities, sewage disposal systems, or other proposed land disturbance indicated on the approved final plan shall only occur at the locations shown on the plan. Changes to such locations shall be subject to additional review and re-approval in accordance with the provisions of Part 14 of the East Fallowfield Township Zoning Ordinance.