A.
Purpose and intent. It is the purpose of these regulations to protect
and preserve the natural resources of Newlin Township. Installation
of ground cover and plant matter prevents erosion and reduces stormwater
management problems. These requirements are intended to improve groundwater
recharge, and buffer and screening areas are intended to reduce glare,
dust, noise, and heat in summer. Trees will provide screening as well
as form wind breaks. Landscaping can provide food and shelter for
wildlife and help decrease air pollution, and also help preserve the
rural character of the Township and its scenic views while permitting
the development by providing the amenities that property owners desire
and that are in harmony with existing vegetation. It is the specific
intent of this article to preserve the Township's existing natural
landscape and integrate the design of land developments into the natural
landscape.
(1)
Landscape plans. All applicants for subdivision or land development approvals for land uses other than agriculture or other than residential developments containing less than five dwellings or residential lots shall submit to the Township a landscape plan for the site, prepared to the requirements of § 185-13D. Landscape plans shall include any required greenbelt or greenway. Landscaping plans shall include a greenbelt plan and greenway lands plan:
(a)
Greenbelt plans. Applicants for developments of five or more dwellings and all nonresidential land uses (except agriculture) shall submit to the Township a landscape plan that includes a perimeter greenbelt, prepared to the requirements of § 185-24N of this article. When the goal of the landscape plan is to maintain views from Township roads into the site, the greenbelt need not be a screen.
(b)
Greenway lands. Greenway lands shall be required in subdivision
or land development plans and shall include the prioritized list of
resources listed in this chapter.
(2)
Landscaping of specific areas. Certain additional areas and land
uses as identified in this section shall be landscaped according to
the specifications herein.
B.
Landscape plans required. Applicants shall submit landscape plans
prepared according to the provisions of this section.
(1)
Preliminary landscape plan. The applicant shall submit a preliminary
landscape plan with the application for preliminary plan approval,
containing the elements in this chapter below.
(2)
Final landscape plan. Applicants shall submit a final landscape plan
at the time of submission of final plan approval, containing the elements
in this chapter.
(3)
Modifications. Modifications or adjustments may be made at any time
to any landscape plan to account for site-specific conditions or other
factors that may not have been evident at the time of the plan's preparation.
(4)
Delays in installation of landscaping. The Zoning Officer may authorize
the applicant to delay the installation of the landscaping until after
the last frost, but shall condition the issuance of the certificate
of occupancy upon proper installation of the landscaping. The Zoning
Officer may issue a temporary certificate of use and occupancy conditioned
on the completion of planting by a certain date, after which date
the temporary certificate of use and occupancy shall expire. These
conditions shall apply to landscaping materials placed on either areas
that are proposed for dedication to the Township or to areas not intended
for dedication.
(5)
Exemptions. This article shall not apply to proposals to expand existing
nonresidential land uses by not more than 50% of floor area or utilized
area.
C.
Content of preliminary landscape plans. Preliminary landscape plans
shall contain the following:
(1)
Parcel boundary lines and lot dimensions, existing and proposed streets,
access drives and parking areas, and bulk and lot data.
(2)
Existing and proposed easements.
(3)
Location and species of existing trees having a minimum caliper of
six inches diameter at grade.
(4)
Adjacent land uses and zoning, including existing development, roadways,
stream corridors, historic sites, and floodplains.
(5)
Existing and proposed buildings and other significant structures.
D.
Content of final landscape plans. Final landscape plans shall be
based on the preliminary landscape plan, and shall contain the following:
(1)
Location, sizes and type of proposed and preserved landscaping and
the size of the proposed landscape area. Botanical nomenclature as
well as common names shall be provided. Native plant materials shall
be used.
(2)
Canopy and evergreen trees shall be labeled as existing, containerized,
or balled and burlapped.
(3)
Description of the methods that will be used to protect existing
trees during construction.
(4)
Calculations showing that the minimum required landscaping has been provided according to the requirements of § 185-24I of this chapter, including a listing of the landscaping points provided for each lot.
(5)
Sedimentation and erosion and control measures used prior, during
and after construction.
(6)
Name and seal of the landscape architect who prepared the plan.
(7)
Location of irrigation systems or hose connections, if proposed.
E.
Greenway plan design review standards: prioritized list of resources
to be conserved. The design of greenway lands shall incorporate any
of the following resources if they occur on the tract:
(1)
Stream channels, floodplains, wet soils, swales, springs and other
lowland areas, including adjacent buffer areas which may be required
to insure their protection.
(2)
Significant natural areas of species listed as endangered, threatened,
or of special concern, such as those listed in the Pennsylvania Natural
Diversity Inventory.
(3)
Steep slopes (over 25%), particularly those adjoining watercourses
and ponds, where disturbance and resulting soil erosion and sedimentation
could be detrimental to water quality.
(4)
Woodlands and Class I, II and III agricultural soils as defined by
the USDA Soil Survey Natural Resources Conservation Service.
(5)
Soil conditions affording high rates of infiltration and percolation.
(6)
Hedgerows, groups of trees, large individual trees of botanical significance,
and other vegetation features representing the site's rural past.
(7)
Moderate slopes (between 15% and 25%).
(8)
Visually prominent topographic features such as meadows, knolls,
hilltops and ridges, and scenic viewsheds as seen from public roads
(particularly those with historic features).
(9)
Historic structures and sites as identified in the Chester County
Newlin Township Historic Resource Atlas of 2010, the Unionville Area
Regional Comprehensive Plan Chapter 4 of 2011, or Newlin Township
Open Space, Recreation and Environmental Resources Plan of 1994.
(10)
Existing trails connecting the tract to other locations in the
Township.
F.
Other greenway design considerations. The configuration of proposed
greenway lands set aside for common use in residential subdivisions
shall comply with the following standards:
(1)
Greenway lands shall be free of all structures except historic buildings,
stone walls, and structures related to greenway uses. The Township
may grant approval of structures and improvements required for storm
drainage, sewage treatment and water supply within the greenway, provided
that such facilities would not be detrimental to the greenway (and
that the acreage of lands required for such uses is not credited towards
minimum greenway acreage requirements for the tract, unless the land
they occupy is appropriate for passive recreational use).
(2)
Greenway lands should generally not include parcels smaller than
three acres, have a length-to-width ratio of less than 4:1, or be
less than 75 feet in width, except for such lands specifically designed
as neighborhood greens, playing fields or trail links and where such
lands link other open spaces.
(3)
Greenway lands shall be directly accessible to the largest practicable
number of lots within the subdivision. Nonadjoining lots shall be
provided with safe and convenient pedestrian access to greenway land.
(4)
Greenway lands shall be suitable for active recreational uses to
the extent deemed necessary by the Township, without interfering with
adjacent dwelling units, parking, driveways, and roads.
(5)
Greenway lands shall be interconnected wherever possible to provide
a continuous greenway network within and adjoining the subdivision.
(6)
Greenway lands shall provide buffers to adjoining parks, preserves
or other protected lands.
(7)
Except in those cases where part of the greenway is located within
private house lots, they shall provide for pedestrian pathways for
use by the residents of the subdivision. Consideration shall be given
to providing for public access on such trails if they are linked to
other publicly accessible pathway systems within the Township. Provisions
should be made for access to the greenway lands, as required for land
management and emergency purposes.
(8)
Greenway lands shall be undivided by public or private streets, except
where necessary for proper traffic circulation.
(9)
Greenway lands shall be suitably landscaped either by retaining existing
natural and native cover and wooded areas and/or according to a landscaping
plan to protect greenway resources.
(10)
Greenway lands shall be made subject to such agreement with
the Township and such conservation easements duly recorded in the
office of the County Recorder of Deeds as may be required by the Township
for the purpose of preserving the common open space for such uses.
(11)
Greenway lands shall be consistent with the goals, objectives
and policies of the Newlin Township Comprehensive Plan and Open Space,
Recreation and Environmental Resources Plan.
(12)
Greenways shall be designed to make maximum reasonable use of
existing vegetation and shall maintain a natural appearance (as contrasted
with a formal appearance).
G.
Ownership and maintenance. Applicants shall demonstrate compliance with greenway ownership and maintenance standards of Chapter 240, Zoning.
H.
Plan referred to Planning Commission. The Zoning Officer shall transmit
two copies of the landscape plan to the Planning Commission upon receipt,
as part of an application of a subdivision and land development. The
Zoning Officer may, at the direction of the Supervisors, consult a
registered landscape architect or other expert to assist in the review
of the plan.
I.
Minimum point values required. Landscaping plans shall provide plant
materials that meet the minimum requirements as expressed by point
values.
(1)
Points for lots. Each subdivision or land development shall provide plant materials representing not less than 400 points per lot, composed of materials from the list expressed in Table 1 below. Not less than 40% of the total number of landscaping points on any lot shall be provided through the use of canopy or evergreen trees meeting the standards of § 185-24L of this article.
|
Table 1 - Plant Material Point Values
| |
|---|---|
|
Plant Type and Qualification
|
Point Value
|
|
Protected (See § 185-24K below) existing canopy or evergreen tree with a minimum caliper of 6 inches
|
150
|
|
Unprotected existing canopy or evergreen tree with a minimum
caliper of 6 inches at grade
|
125
|
|
New canopy or evergreen tree with a minimum caliper of 3.5 inches
at grade
|
100
|
|
New canopy or evergreen tree with a minimum caliper of 2 inches
at grade
|
75
|
|
New canopy or evergreen tree with a minimum caliper of 1.5 inches
at grade
|
50
|
|
Non-canopy tree with minimum height of 5 feet
|
35
|
|
Shrub with minimum height of 18 inches
|
5
|
|
Ground cover or grass (per square yard). Grass and ground cover
shall not be credited for more than 10% of the total required points
per lot
|
1.0
|
(2)
Points for parking areas. In addition to the points required for
each lot, each parking lot shall provide plant materials representing
not less than the points as required in Table 2 below, composed of
materials from the list expressed in Table 1 above. Points shall be
computed cumulatively. For example, a land development requiring 50
parking spaces shall require a total of 880 points [(20x20)+(30x16)=880]
for parking plus additional points for land area.
|
Table 2 - Points Required for Parking Lots
| |
|---|---|
|
Parking Spaces Required on Lot
|
Points Per Parking Space*
|
|
1 to 20
|
20
|
|
21 to 50
|
16
|
|
51 to 100
|
14
|
|
101 and greater
|
12
|
|
*
|
Plus 40 points per 1,000 square feet of lot area.
|
(3)
Additional standards for parking lots. Not less than one street tree
(see Table 3) shall be distributed within islands in parking lots
for each 10 spaces.
J.
Condition of existing plant materials. Existing plant materials that
are diseased or damaged shall not be assigned any points.
K.
Preservation of existing trees. Existing trees shall be preserved
as follows:
(1)
An existing tree shall be considered protected if it is surrounded
with a barricade at the drip line (to a maximum of a fifteen-foot
radius) or with a minimum unobstructed radius of seven feet, whichever
is greater. The barricade shall be retained until all earth disturbance
activities on the lot are completed. If the protected tree is located
in a parking lot island, the protected area shall become the tree's
island upon completion of construction. No utilities shall be located
within the barricaded area, and the area shall not be used as a storage
or disposal area during any phase of construction.
(2)
Not less than 50% of existing trees on a site shall be retained and
flagged. Not less than 10 days prior to earth moving, the Zoning Officer
shall be notified in order to inspect the designation and mapping
of trees provided by the developer as well as conduct an on-site review.
(3)
All existing tree rows, wind breaks and hedges shall be retained
when located along a tract boundary. Such features that may exist
within the interior of a lot should be retained.
L.
Street trees required. Street trees shall be provided as follows:
(1)
Street trees shall be placed a minimum of 10 feet and a maximum of
20 feet behind the right-of-way line. Preference is for a variety
of species for a given area and a combination in that area. Street
trees shall be planted according to the design of the street layout:
tree lines shall be planted in curvilinear lines if roadways are curvilinear.
Tree clusters are encouraged, provided that they are separated by
approximately 15 to 30 feet. Trees shall have a minimum height of
eight feet with two-inch trunk diameters measured at one foot above
grade at time of planting, or with diameters as approved by the Township
Zoning Officer.
(2)
Street trees that drop sap, seeds, and pods that might clog drains
are prohibited.
(3)
Street trees shall tolerate salt and de-icing compounds and heat
from large paved surfaces, and shall have deep root systems to prevent
cracked pavements and sidewalks.
(4)
Species from Table 3 are acceptable. Other native species may be
permitted, provided that the applicant demonstrates to the Board of
Supervisors that such species meet the criteria contained in this
section.
|
Table 3 - Trees Acceptable for Streets and Parking Lot Landscaping
| ||
|---|---|---|
|
Botanical Name
|
Common Name(s)
|
Mature Height
(feet)
|
|
Small Street/Urban Trees:
|
15 to 45
| |
|
Aralia spinosa
|
Devil's-walking stick, Hercules-club, Angelica Tree
|
35 to 50
|
|
Carpinus caroliniana
|
Musclewood, Ironwood, Blue Beech, American Hornbeam, Water Beech
|
35 to 50
|
|
Crataegus crusgalli*
|
Cockspur Hawthorn
|
20 to 35
|
|
Ostrya virginiana
|
American Hophornbeam, Ironwood,
|
35 to 50
|
|
Oxydendrum arboreum
|
Sourwood, Sorrel Tree, Lily-of-the-Valley Tree
|
35 to 50
|
|
Quercus imbricaria*
|
Shingle Oak, Laurel Oak
|
30 to 45
|
|
Sassafras albidum*
|
Common Sassafras
|
35 to 50
|
|
Medium - Large Street/Urban Trees:
|
45 and greater
| |
|
Acer rubrum
|
Red Maple
|
75 to 100
|
|
Acer saccharum (cultivars)
|
Sugar Maple, Rock Maple, Hard Maple
|
75 to 100
|
|
Celtis occidentalis*
|
Hackberry, Sugarberry
|
75 to 100
|
|
Diospyros virginiana
|
Common Persimmon
|
50 to 75
|
|
Fraxinus americana*
|
White Ash
|
75 to 100
|
|
Fraxinus pennsylvanica*
|
Green Ash, Red Ash
|
75 to 100
|
|
Liquidambar styraciflua *
|
American Sweet Gum, Redgum
|
60 to 100
|
|
Nyssa sylvatica
|
Black/Sour Gum, Pepperidge
|
50 to 75
|
|
Platanus occidentalis
|
Sycamore
|
75 to 100
|
|
Pinus rigida
|
Pitch Pine
|
50 to 75
|
|
Prunus serotina
|
Black Cherry, Wild Cherry
|
50 to 75
|
|
Quercus alba*
|
White Oak
|
50 to 100
|
|
Quercus coccinea *
|
Scarlet Oak
|
50 to 90
|
|
Quercus macrocarpa *
|
Bur Oak, Mossycup Oak
|
75 to 100
|
|
Quercus palustris
|
Pin Oak
|
75 to 100
|
|
Quercus prinus
|
Chestnut Oak, White Chestnut Oak
|
50 to 75
|
|
Quercus velutina
|
Black Oak
|
75 to 100
|
|
Ulmus americana "Liberty"
|
Liberty Elm
|
75 to 100
|
|
*
|
Varieties, hybrids, and/or cultivars are available.
|
M.
Landscape buffers and screening. All lots that are required to contain
buffers shall be provided with buffers as follows:
(1)
Landscape buffer and screening standards. Landscape buffers shall
be placed along side and rear boundaries of all developments except
single-family detached residential and agricultural land uses. The
buffer shall consist of one staggered row of mixed evergreen and deciduous
trees, which shall be not less than eight feet in height when planted
and shall be spaced not more than 10 feet apart on center, and two
additional staggered rows of mixed broadleaf and needle evergreen
shrubs, which shall be not less than three feet in height when planted
and shall be spaced not more than five feet apart on center. The trees
shall be of such species so as to attain a height at maturity of not
less than 20 feet. The shrubs shall be of such species as to provide
continuous and all-season screening from the ground to a height of
six feet at maturity. Deciduous plant materials shall comprise not
more than 30% of the number of plants in the buffer. Trees shall be
planted so that at maturity no branches shall be closer than 10 feet
to a property line. Drainage swales and easements should not be placed
in buffer areas unless there is no alternative to such placement.
When drainage swales or easements conflict with buffers or screening
areas, additional buffer areas shall be added to the buffer to compensate
for the easement area.
(2)
Overlap with yard areas. Landscape buffer areas may coincide with
required yard areas. However, no decks, pools, sheds, or other accessory
structures shall be placed within required buffer areas.
(3)
Preservation of existing natural areas. When any area within or along
the perimeter of a lot contains existing woodlands or other natural
areas, the requirements for interior landscaping or perimeter buffering
in such areas may be waived by the Township when the existing natural
landscaping will substantially meet the intent of this section and
is integrated into the design of the site.
(4)
Service areas.
(a)
Loading areas and trash containers shall be screened from view
with architectural masonry walls (excluding any chain link, fiberglass
or metal), landscaping, or a combination. Such areas shall also be
surrounded on three sides by a minimum fifteen-foot-wide landscape
buffer, which shall not contain any storage, parking or loading areas.
(b)
Outdoor storage areas at industrial and commercial land uses
shall be screened from view from adjacent properties with the use
of a landscape screen not less than 15 feet in width.
(5)
Parking screen.
(a)
All vehicle parking and storage areas that abut streets or lot
lines shall be screened along such streets and lot lines by the use
of a landscape buffer and screen, not less than 15 feet in width,
composed of an earthen berm and/or plant materials. Plant materials
shall grow to achieve a dense visual screen to a height of not less
than five feet not more than three years after planting. Plant materials
shall be composed of staggered two rows of mixed evergreen trees,
placed not less than six feet apart on center. Canopy trees may also
be used, provided that the visual screen is maintained. This section
shall not apply to single-family detached dwellings and agricultural
land uses.
(b)
If drainage swales conflict with the placement of the screen,
compensating additional screening areas shall be placed nearby the
drainage swale.
(c)
Landscaped areas shall not be designed to permit vehicles to
overhang more than 1 1/2 feet into the landscaped area.
N.
Perimeter greenbelt. Landscaped perimeter greenbelts shall be provided
by the developer and shall extend along the front, side and rear perimeter
of the development except where crossed by driveways, sidewalks, and
roads. If drainage swales or stormwater easements conflict with the
perimeter greenbelt, additional compensating landscaped areas shall
be provided nearby. Perimeter greenbelts may be included in calculations
of required minimum open spaces and may include greenway lands. The
minimum widths of perimeter greenbelts shall be as required in Table
4:
|
Table 4 - Minimum Perimeter Greenbelt Width (feet)
| |||
|---|---|---|---|
|
Land Use
|
Front
|
Side
|
Rear
|
|
15
|
10
|
15
| |
|
30 feet or 1/2 the distance between the perimeter lot line and
the nearest dwelling, whichever is greater
| |||
|
Option 4 Residential Developments (country properties)
|
Not required
| ||
|
Commercial
|
10
|
20 feet or 1/2 the distance between the perimeter lot line and
the structure, whichever is greater
| |
|
Industrial
|
20
|
40 feet or 1/2 the distance between the perimeter lot line and
the structure, whichever is greater
| |
|
Recreational
|
10
|
15
| |
|
All other land uses (except agricultural)
|
20 feet or 1/2 the distance between the perimeter lot line and
the structure, whichever is greater
| ||
O.
Maintenance of landscape areas. All greenbelt, buffer, landscape
and screening areas shall be maintained and kept free of all invasive
plant species, structures, rubbish and debris. Required plant materials
that have become diseased or have died shall be replaced by the owner
within one year. Grass and ground covers shall achieve full coverage
within one year after installation.
P.
General requirements.
(1)
All portions of all lots not occupied by buildings, structures, loading
or parking spaces, aisles, sidewalks, or storage areas shall be planted
with trees, shrubs, and an all-season ground cover.
(2)
Each phase of a phased development shall comply with this section.
(3)
If a utility, stormwater or other easement or right-of-way interferes
with a required buffer, greenbelt or landscape area, compensating
areas shall be placed along the inward portion of the easement or
right-of-way that is located along the inner portion of the site.
The easement or right-of-way may be planted subject to permission
by the holder of the easement.
(4)
Notwithstanding other provisions of this section, no portion of a
canopy tree shall be placed where it will grow to within 20 feet of
a parcel in agricultural use.
(6)
Existing lots, facilities and developments shall not be required
to comply with the provisions of this section except in the case of
enlargement or alteration or if required by a prior ordinance.
A.
Conservation practices during site preparation and cleanup. Site
grading and construction shall be conducted in a manner as to limit
unnecessary disturbance to natural areas, limit soil erosion and decrease
water runoff.
B.
Protection of vegetation from mechanical injury. Where earthwork,
grading or construction activities will take place in or adjacent
to woodlands, old fields or other significant vegetation or site features,
the Township may require that the limit of disturbance be delineated
and vegetation protected through installation of temporary fencing
or other approved measures. Such fencing shall be installed prior
to commencing of and shall be maintained throughout the period of
construction activity.
C.
Protection of vegetation from grading change. Grade changes to occur
at any location of the property shall not result in an alteration
to soil or drainage conditions which would adversely affect existing
vegetation to be retained following site disturbance, unless adequate
provisions are made to protect such vegetation and its root systems.
D.
Protection of vegetation from excavations.
(1)
When digging trenches for utility lines or similar uses, disturbances
to the root zones of all woody vegetation shall be minimized.
(2)
Where 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.
(3)
Grading and earthmoving operations shall be scheduled to minimize
site disturbance during the period November 1 to April 1 when revegetation
of exposed ground surfaces is difficult, avoiding soil compaction.
(4)
Protection of topsoil:
(a)
No topsoil shall be removed from the site.
(b)
Prior to grading operations or excavation, topsoil in the area
to be disturbed shall be removed and stored on site.
(c)
Topsoil removed shall be redistributed and stabilized as quickly
as possible following the establishment of required grades for a project
or project phase. All exposed earth surfaces shall be stabilized by
hydroseeding on slopes of less than 10%, and by installing sod, hydroseeding,
or rip-rap on slopes exceeding 10%.
(d)
Grading and earthmoving operations shall be scheduled to minimize
site disturbance during the period from November 1 to April 1, when
revegetation of exposed ground is difficult.
Where possible, woodlands which remain undisturbed shall interconnect
with existing woodlands or wooded areas of adjacent properties to
preserve continuous woodland corridors and allow for the natural movement
and migration of wildlife and the dispersion of native vegetation.
A.
Protection of vegetation. Trees, tree masses and their associated
vegetation layers, mature trees, and other vegetation which are to
be preserved shall be protected to the limits of a tree protection
zone.
(1)
Trees within a tree protection zone shall be clearly marked with
landscape paint, colored tape or other appropriate marker at breast
height. Where tree masses are to be preserved, only the trees on the
edge of the mass need to be marked.
(2)
During construction, trees within a tree protection zone shall be
clearly delineated with a proper barrier and signage (such as wood
stakes and color tape) to the limits of a tree protection zone to
ensure that there is no encroachment and/or compaction of soil and
roots within this area by:
(3)
In addition, there shall be no storage of toxic materials, including
petroleum-based products, within 50 feet of a tree protection zone.
(4)
Trees that are scheduled to be removed that are adjacent to or within
the tree protection zone of a tree that will be retained should be
left standing until grading is complete to further protect the tree
to be left standing from grading-related impacts.
(5)
Roots from trees within the tree protection zone, which must be trimmed
as a result of earth disturbance outside a tree protection zone, shall
be cut by a backhoe or similar equipment aligned radially to the tree.
This method reduces the lateral movement of the remaining roots, reducing
the possibility of damage to the intertwined roots of surrounding
trees and other vegetation.
(a)
Within four hours of any severance of roots, all roots that
have been exposed and/or damaged shall be trimmed cleanly and covered
temporarily with peat moss, moist burlap, or biodegradable material
to keep them moist and protected from disease until permanent cover
is installed. Permanent cover shall be installed within 72 hours of
the initial severance of roots.
(b)
Tree stumps, which are located within 10 feet of a tree protection
zone, shall be removed by means of a stump grinder or similar device
which will minimize the effect on existing, intertwined roots within
a tree protection zone. A stump shall be ground and removed to a point
at least six inches below ground level.
(6)
Trees that are to be removed shall not be felled, pushed or pulled
into a tree protection zone.
B.
Standardized note. A standardized note shall be required to be placed
on all final plans stating: "The applicant is responsible to install
street trees as depicted on the final plans and in accordance with
the Newlin Township Subdivision and Land Development Ordinance." A
certificate of occupancy for the development or a portion of the development
shall not be issued by the Township Building Inspector until the required
street trees are installed or until an escrow agreement satisfactory
to the Township is finalized to assure installation of such street
trees.
