A. 
All uses and activities, including proposed new subdivisions, land developments, and building permit applications, established after the effective date of this chapter shall comply with the following standards. Site alterations, regrading, filling or clearing of vegetation prior to the submission of applications for zoning or building permits or the submission of plans for subdivision or land development shall be a violation of this chapter. The presence of any natural resource features on the subject tract shall be identified on the development plan or permit application plan. In the event that two or more resources overlap, the resource with the greatest protection standard (the least amount of alteration, grading, clearing or building) shall apply to the area of overlap.
B. 
It is a violation of this chapter to disturb or remove natural resources protected by this chapter prior to the submission of a plan/application and issuance of a permit by West Rockhill Township. Any removal of trees, grading, or disturbance of protected resources initiated two years or less before the submission of plans for subdivision, land development, building or zoning permits is presumed to be in anticipation of development. If an application for building, conditional use, subdivision or land development is submitted for the property within two years of the date that the tree removal, grading, or other disturbances began, the requirements for resource protection, as set forth in this chapter and in Chapter 365, Subdivision and Land Development, shall be applied to the property as it was prior to the disturbance. If tree removal has exceeded the limits set forth in Township ordinances, the applicant shall be required to replace trees removed in excess of the limits. Replacement shall be based on the actual number and size of trees or forest removed, and trees shall be replaced on an inch-for-inch basis. Determination of actual caliper-inches of trees removed may be determined through a site inspection, aerial photographs (latest available from Bucks County) or on the basis of any tree inventory that was submitted to the Township. If it is not possible to determine the caliper inches of trees removed, then replacement trees shall be provided so that there shall be a minimum of 100 caliper-inches [(measured diameter at breast height (dbh)] of trees per acre after replanting as determined in consultation with an arborist approved by the Township.
C. 
The following natural resource standards shall apply to all uses:
(1) 
Floodplains.
[Amended 2-18-2015 by Ord. No. 226]
(a) 
Any areas of West Rockhill Township, classified as special flood hazard areas (SFHAs) in the Flood Insurance Study (FIS) and the accompanying Flood Insurance Rate Maps (FIRMs) dated March 16, 2015, and issued by the Federal Emergency Management Agency (FEMA) or the most recent revision thereof, including all digital data developed as part of the Flood Insurance Study; and
(b) 
For areas abutting streams and watercourses where the 100-year floodplain (1% annual chance flood) has not been delineated by the Flood Insurance Study, the applicant shall submit a floodplain identification study. The study prepared by a registered professional engineer expert in the preparation of hydrologic and hydraulic studies shall be used to delineate the 100-year floodplain. The floodplain study shall be subject to the review and approval of the Township. All areas inundated by the 100-year flood shall be included in the Floodplain Area.
(c) 
Floodplain shall be permanently protected and undeveloped, except that utilities, roads and driveways may cross floodplain where design approval is obtained from the Pennsylvania Department of Environmental Protection and as permitted within Chapter 212, Floodplain Management, of the Code of the Township of West Rockhill.
(2) 
Steep slopes. In areas of steep slopes, i.e., slopes 12% or above, the following standards shall apply:
(a) 
Twelve percent to 15%: No more than 40% of such areas shall be altered, regraded, cleared or built upon.
(b) 
Sixteen percent to 25%: No more than 30% of such areas shall be altered, regraded, cleared or built upon.
(c) 
Twenty-six percent or steeper: No more than 15% of such areas shall be altered, regraded, cleared or built upon.
(d) 
Determination of steep slope areas. In any application for a building permit for a project which does not involve a subdivision or a land development, and any application for subdivision and/or land development, the applicant shall, using two-foot contours, delineate steep slopes. The applicant shall use an actual field topographic survey or aerial survey as the source of contour information and as the basis for depicting the slope categories.
(e) 
Man-made slopes and slopes less than 1,000 square feet in area are exempt from the steep slope requirements of § 450-1700C(2).
(3) 
Woodlands. No more than 40% of any woodlands may be cleared or developed in the SR, RA, RC, EXT, REC, and MHP districts with the exception of uses A1 Farming/Agriculture and A3 Intensive Agriculture in the RA District, where no more than 80% of any woodlands may be cleared or developed. No more than 80% of any woodlands may be cleared or developed in the VC, VR, PI, PC, PC-2, and IS districts. The remaining woodland area shall be permanently protected and undeveloped. In addition, any individual specimen trees may not be removed in a land development proposal without the approval of the Township, with the exception of sick trees, dying trees, or trees that constitute an immediate hazard to the community. The disturbance of woodlands shall be in compliance with all applicable provisions of this chapter.
(a) 
General standards. The following standards shall apply to all woodlands disturbance.
[1] 
All woodlands areas which are required to be preserved shall remain in their natural condition with the natural forest understory and ground cover left intact.
[2] 
Wildlife habitat. Wooded areas and/or specimen trees providing habitat for threatened and/or endangered species shall not be disturbed and shall be contained within a Tree Protection Zone. Threatened and/or endangered species shall mean fauna or flora listed as "threatened" or "endangered" under the Endangered Species Act of 1973, the Wild Resource Conservation Act, and regulations adopted pursuant to each of the said Acts.
[3] 
Removal of woodlands and/or specimen trees shall occur only in conformance with the tree replacement provisions of Chapter 365, Subdivision and Land Development, whether or not an application for subdivision or land development is required.
[4] 
Should any existing viable vegetation within the Tree Protection Zone be irreparably damaged during site preparation activities and as a consequence thereof, die within two years of the conclusion of site preparation activities, such trees shall be replaced in accordance with the tree replacement provisions of Chapter 365, Subdivision and Land Development, whether or not an application for subdivision or land development is required.
[5] 
The removal or destruction of each viable tree within the Tree Protection Zone is prohibited without approval from the Township or its appointed representative.
(4) 
Streams, watercourses, lakes or ponds. Such areas shall not be altered, regraded, developed, filled, piped, diverted or built upon except for required roadways and utilities when approval is received from West Rockhill Township and, where applicable, Pennsylvania Department of Environmental Protection and U.S. Army Corps of Engineers.
(5) 
Wetlands. Wetlands may not be filled, dredged or built upon, except that driveways, roads and utilities may cross wetland and wetland buffers when conditional use approval is granted based on satisfactory demonstration that there is no other feasible alternative available and there is no increase in density or intensity of development as a result of such crossing. Approval and permits are required from the Pennsylvania Department of Environmental Protection and/or the U.S. Army Corps of Engineers before approval is granted by the Board of Supervisors.
(a) 
For any reach of a wild trout stream or waters classified in Pennsylvania Code Title 25, Environmental Protection, Chapter 93, Water Quality Standards, § 93.9 as exceptional value or high quality, the wetlands that are located in, or adjacent to, or along the floodplain of streams tributary thereto are considered exceptional value wetlands in accordance with Pennsylvania Code Title 25, Environmental Protection, Chapter 105, Dam Safety and Waterway Management, §§ 105.17(iii) and 105.18a.
(b) 
For any designated national wild or scenic rivers in accordance with the Wild and Scenic Rivers Act of 1968 or designated as wild or scenic under the Pennsylvania Scenic Rivers Act,[1] wetlands that are located in or along the floodplain of these watercourses are considered exceptional value wetlands in accordance with Pennsylvania Code Title 25, Environmental Protection, Chapter 105, Dam Safety and Waterway Management, §§ 105.17(iii) and 105.18a.
[1]
Editor's Note: See 32 P.S. § 820.21 et seq.
(c) 
A minimum wetland buffer of 50 feet shall be maintained in accordance with § 450-1700C(5)(e) from the boundary of all wetlands or the extent of hydric soils that may extend past the wetland boundary, whichever is greater.
(d) 
A minimum Wetland Buffer of 75 feet shall be maintained in accordance with § 450-1700C(5)(e) from the boundary of all exceptional value wetlands or the extent of hydric soils that may extend past the wetland boundary, whichever is greater.
(e) 
The following activities are not permitted within the wetland buffer:
[1] 
Removal of earth or vegetation, dumping, filling, excavation, dredging, grading, compacting, piping, diverting or otherwise altering the character of the wetland or wetland buffer;
[2] 
Destruction of plant life including cutting of trees which would alter vegetation patterns;
[3] 
Impacting the hydrology, which supports the vegetation and or wildlife habitats;
[4] 
Discharging pollutants which may change temperature, biochemical oxygen demand, or other physical, biological, or chemical characteristics of any water;
[5] 
Dumping, discharging, or filling with any material which may degrade water quality;
[6] 
Any activities, changes, or work which may cause or tend to contribute to pollution of any body of water or groundwater;
[7] 
Application of pesticides, herbicides or fungicides;
[8] 
Changing of existing drainage characteristics, flushing characteristics, sedimentation patterns, flow patterns, or flood retention characteristics;
[9] 
Drainage, or lowering of water level or water table;
[10] 
Placing of fill, or removal of material, which would alter elevation;
[11] 
Driving of piles, placing of pavement, erection of buildings, or structures of any kind;
[12] 
Incremental activities, which have, or may have, a cumulative adverse impact on the resource areas protected by this chapter.
(6) 
Prime farmland soils and statewide important farmland soils in the residential agriculture district. On a tract(s) containing 10 acres or more of prime farmland soils or statewide important farmland soils in the RA Residential Agriculture District, no more than 50% of prime farmland soils or statewide important farmland soils as defined by the US Department of Agriculture, Natural Resources Conservation Service, may be developed (Capability Classes I, II, and III). Residential subdivisions submitted under the standard subdivision requirements of this district are exempt from this requirement. No more than 20% of such areas submitted under the farm subdivision requirements of the RA District may be developed.
(7) 
Sewage disposal. All sewage disposal systems, regardless of type, shall meet the requirements and procedures of the West Rockhill Township Sewage Facilities Plan and the Bucks County Department of Health.
In order to meet the natural resource protection standards of § 450-1700C(1) through (7), the applicant shall provide the following information with application for a zoning permit or building permit. Where subdivision and land development approval is requested, the applicant shall provide the following information to ensure that each proposed lot is buildable under the terms of this chapter.
A. 
All principal buildings shall have a minimum twenty-five-foot setback from the edge of the portion of those natural features that may not be developed or intruded upon as specified in § 450-1700. However, such areas within the setback may still include unprotected woodland areas and mature trees.
B. 
For uses with on-lot sewage systems, a 3,000-square-foot or larger area shall be identified for the location of the sewage system. Such additional area shall not include natural features with a 100% protection standard and the portion of those natural features that may not be developed or intruded upon as specified in § 450-1700.
C. 
Applicants for land development and/or subdivision approval and applicants for zoning permits, to the extent deemed necessary by the Zoning Officer to ensure compliance with provisions of this chapter, shall submit the following information.
(1) 
A site plan which illustrates all natural resources and the proposed use on the site; and all encroachments and disturbances necessary to establish the proposed use on the site.
(2) 
Calculations which indicate the area of the site with natural resources; the area of those resources which are required to be protected; and the area of natural resources that would be disturbed or encroached upon.
D. 
The following site capacity calculations shall be submitted with all applications. Through these calculations, the net buildable site area, the maximum number of lots or dwelling units, the maximum amount of impervious surfaces and the required open space shall be determined for the specific site. The required open space shall be the minimum open space as related to the minimum open space ratio specified in § 450-1604, Use regulations, and the area and dimensional requirements of Articles IV through XV, or the calculated resource protection land, whichever is the greater amount. Areas identified as resource protection land shall be included in the required open space for these uses.
(1) 
Base site area. Certain portions of tracts may not be usable for development. These shall be subtracted from the site area to determine base site area. The following calculation for base site area shall be used for all site capacity calculations.
(a)
Site area as determined by on-site survey:
_____ acres
(b)
Subtract land which is not contiguous, i.e.:
_____ acres
[1]
A separate parcel which does not abut or adjoin, nor share common boundaries with the rest of the development; and/or
[2]
Land which is cut off from the main parcel by an expressway, arterial or collector roadway, railroad, existing land uses, East Branch Perkiomen Creek, or other body of water so as to serve as a major barrier to common use, or so that it is isolated and unavailable for building purposes.
(c)
Subtract land which in a previously approved subdivision was reserved for resource protection, open space, or recreation:
_____ acres
(d)
Subtract land used or zoned for another use, i.e., land used or to be used for commercial or industrial uses in a residential development, or land in a different zoning district than the primary use:
_____ acres
(e)
Subtract land within ultimate rights-of-way of existing roads, or utility rights-of-way or easements:
_____ acres
Equals base site area:
_____ acres
(2) 
Site capacity calculations for the RA District. All land and resources within the base site area shall be mapped and measured for the purpose of determining the amount of open space needed to protect it. Portions of a site which may have overlapping resource protection restrictions shall be subject to the highest open space ratio and shall be calculated only once.
Resource
Protection Ratio
Acres of Land in Resource
Resource Protection Land
Total Proposed Disturbance
Floodplains
1.00
x
_____ acres
_____ acres
_____ acres
Streams or watercourses
1.00
x
_____ acres
_____ acres
_____ acres
Lakes or ponds
x
_____ acres
_____ acres
_____ acres
Wetlands
1.00
x
_____ acres
_____ acres
_____ acres
Wetland buffer*
1.00
x
_____ acres
_____ acres
_____ acres
Steep slopes (26% or more)
0.85
x
_____ acres
_____ acres
_____ acres
Steep slopes (16% to 25%)
0.70
x
_____ acres
_____ acres
_____ acres
Steep slopes (12% to 15%)
0.60
x
_____ acres
_____ acres
_____ acres
Woodlands
0.60
x
_____ acres
_____ acres
_____ acres
Protected farmland soils (on tracts of 10+ acres of protected farmland soils)
Farm subdivision
0.80
x
_____ acres
_____ acres
_____ acres
Standard subdivision
x
_____ acres
_____ acres
_____ acres
Agricultural conservation
0.50
x
_____ acres
_____ acres
_____ acres
Estate lots
0.50
x
_____ acres
_____ acres
_____ acres
Other permitted uses
0.50
x
_____ acres
_____ acres
_____ acres
NOTES:
*
Except as permitted by § 450-1700C(5).
Total land with resources =
_____ acres
Total resource protection land =
_____ acres
Total proposed disturbance =
_____ acres
(a) 
Calculation of preserved farmland soils.
Farmland soils (Class I, II, and III soils):
_____ acres
Subtract natural resources with a higher protection ratio overlapping with farmland soils:
_____ acres
Multiply by farmland soils preservation ratio:
_____ acres
Equals protected farmland soils:
_____ acres
(b) 
Calculation of minimum required open space (for conservation subdivisions with less than 10 acres of farmland soils).
Base site area:
_____ acres
Multiply by minimum open space ratio:
_____ acres
Equals minimum open space:
_____ acres
(c) 
Calculation of net buildable site area.
Base site area:
_____ acres
Minus total resource protection land or minimum open space (whichever is greater):
_____ acres
Equals net buildable site area:
_____ acres
(d) 
Determination of maximum number of dwelling units/lots.
[Amended 10-19-2011 by Ord. No. 207]
Net buildable site area:
_____ acres
Multiply by maximum density:
_____ acres
Equals maximum number of dwelling units/lots (rounded up):
_____ units/lots
(e) 
Determination of maximum amount of impervious surface.
Net buildable site area:
_____ acres
Multiply by maximum site impervious surface ratio:
_____ acres
Equals maximum site imperviousness:
_____ acres
(f) 
Site capacity summary.
[Amended 10-19-2011 by Ord. No. 207]
Base site area:
_____ acres
Total resource protection land:
_____ acres
Protected farmland soils:
_____ acres
Required open space (for conservation subdivisions):
_____ acres
Net buildable site area:
_____ acres
Maximum number of dwelling units/lots (rounded up):
_____ units/lots
Maximum site imperviousness:
_____ acres
(3) 
Site capacity calculations for the SR, RC, and MHP Districts. All land and resources within the base site area shall be mapped and measured for the purpose of determining the amount of open space needed to protect it. Portions of a site which may have overlapping resource protection restrictions shall be subject to the highest open space ratio and shall be calculated only once.
Resource
Protection Ratio
Acres of Land in Resource
Resource Protection Land
Total Proposed Disturbance
Floodplains
1.00
x
_____ acres
_____ acres
_____ acres
Streams or watercourses
1.00
x
_____ acres
_____ acres
_____ acres
Lakes or ponds
x
_____ acres
_____ acres
_____ acres
Wetlands
1.00
x
_____ acres
_____ acres
_____ acres
Wetland buffer*
1.00
x
_____ acres
_____ acres
_____ acres
Steep slopes (26% or more)
0.85
x
_____ acres
_____ acres
_____ acres
Steep slopes (16% to 25%)
0.70
x
_____ acres
_____ acres
_____ acres
Steep slopes (12% to 15%)
0.60
x
_____ acres
_____ acres
_____ acres
Woodlands
0.60
x
_____ acres
_____ acres
_____ acres
NOTES:
*
Except as permitted by § 450-1700C(5).
Total land with resources =
_____ acres
Total resource protection land =
_____ acres
Total proposed disturbance =
_____ acres
(a) 
Calculation of minimum required open space.
Base site area:
_____ acres
Multiply by minimum open space ratio:
_____ acres
Equals minimum open space:
_____ acres
(b) 
Determination of net buildable site area.
Base site area:
_____ acres
Minus total resource protection land or minimum open space (whichever is greater):
_____ acres
Equals net buildable site area:
_____ acres
(c) 
Determination of maximum number of dwelling units/lots.
[Amended 10-19-2011 by Ord. No. 207]
Net buildable site area:
_____ acres
Multiply by maximum density:
_____ acres
Equals maximum number of dwelling units/lots (rounded up):
_____ units/lots
(d) 
Determination of maximum amount of impervious surface.
Net buildable site area:
_____ acres
Multiply by maximum site impervious surface ratio:
_____ acres
Equals maximum site imperviousness:
_____ acres
(e) 
Site capacity summary.
[Amended 10-19-2011 by Ord. No. 207]
Base site area:
_____ acres
Total resource protection land:
_____ acres
Required open space:
_____ acres
Net buildable site area:
_____ acres
Maximum number of dwelling units/lots (rounded up):
_____ units/lots
Maximum site imperviousness:
_____ acres
(4) 
Site capacity calculations for the VC and VR Districts. All land and resources within the base site area shall be mapped and measured for the purpose of determining the amount of open space needed to protect it. Portions of a site which may have overlapping resource protection restrictions shall be subject to the highest open space ratio and shall be calculated only once.
Resource
Protection Ratio
Acres of Land in Resource
Resource Protection Land
Total Proposed Disturbance
Floodplains
1.00
x
_____ acres
_____ acres
_____ acres
Streams or watercourses
1.00
x
_____ acres
_____ acres
_____ acres
Lakes or ponds
x
_____ acres
_____ acres
_____ acres
Wetlands
1.00
x
_____ acres
_____ acres
_____ acres
Wetland buffer*
1.00
x
_____ acres
_____ acres
_____ acres
Steep slopes (26% or more)
0.85
x
_____ acres
_____ acres
_____ acres
Steep slopes (16% to 25%)
0.70
x
_____ acres
_____ acres
_____ acres
Steep slopes (12% to 15%)
0.60
x
_____ acres
_____ acres
_____ acres
Woodlands
0.20
x
_____ acres
_____ acres
_____ acres
NOTES:
*
Except as permitted by § 450-1700C(5).
Total land with resources =
_____ acres
Total resource protection land =
_____ acres
Total proposed disturbance =
_____ acres
(a) 
Calculation of minimum required open space.
Base site area:
_____ acres
Multiply by minimum open space ratio:
_____ acres
Equals minimum open space:
_____ acres
(b) 
Determination of net buildable site area.
Base site area:
_____ acres
Minus total resource protection land or minimum open space (whichever is greater):
_____ acres
Equals net buildable site area:
_____ acres
(c) 
Determination of maximum number of dwelling units/lots (except for Use B1 Single-Family Detached Dwelling and Use B6 Village House).
[Amended 10-19-2011 by Ord. No. 207]
Net buildable site area:
_____ acres
Multiply by maximum density:
_____ acres
Equals maximum number of dwelling units/lots (rounded up):
_____ units/lots
(d) 
Determination of maximum amount of impervious surface.
Net buildable site area:
_____ acres
Multiply by maximum site impervious surface ratio:
_____ acres
Equals maximum site imperviousness:
_____ acres
(e) 
Site capacity summary.
[Amended 10-19-2011 by Ord. No. 207]
Base site area:
_____ acres
Total resource protection land:
_____ acres
Required open space:
_____ acres
Net buildable site area:
_____ acres
Maximum number of dwelling units/lots (rounded up):
_____ units/lots
Maximum site imperviousness:
_____ acres
(5) 
Site capacity calculations for the IS, PC, PC-2, and PI Districts. All land and resources within the base site area shall be mapped and measured for the purpose of determining the amount of open space needed to protect it. Portions of a site which may have overlapping resource protection restrictions shall be subject to the highest open space ratio and shall be calculated only once.
Resources
Protection Ratio
Acres of Land in Resource
Resource Protection Land
Total Proposed Disturbance
Floodplains
1.00
x
_____ acres
_____ acres
_____ acres
Streams or watercourses
1.00
x
_____ acres
_____ acres
_____ acres
Lakes or ponds
x
_____ acres
_____ acres
_____ acres
Wetlands
1.00
x
_____ acres
_____ acres
_____ acres
Wetland buffer*
1.00
x
_____ acres
_____ acres
_____ acres
Steep slopes (26% or more)
0.85
x
_____ acres
_____ acres
_____ acres
Steep slopes (16% to 25%)
0.70
x
_____ acres
_____ acres
_____ acres
Steep slopes (12% to 15%)
0.60
x
_____ acres
_____ acres
_____ acres
Woodlands
0.20
x
_____ acres
_____ acres
_____ acres
NOTES:
*
Except as permitted by § 450-1700C(5).
Total land with resources =
_____ acres
Total resource protection land =
_____ acres
Total proposed disturbance =
_____ acres
(a) 
Determination of net buildable site area.
Base site area:
_____ acres
Minus total resource protection land or minimum open space (whichever is greater):
_____ acres
Equals net buildable site area:
_____ acres
(b) 
Determination of maximum amount of impervious surface.
Net buildable site area:
_____ acres
Multiply by maximum site impervious surface ratio:
_____ acres
Equals maximum site imperviousness:
_____ acres
(c) 
Site capacity summary.
Base site area:
_____ acres
Total resource protection land:
_____ acres
Net buildable site area:
_____ acres
Maximum site imperviousness:
_____ acres
(6) 
Site capacity calculations for the EXT and REC Districts. All land and resources within the base site area shall be mapped and measured for the purpose of determining the amount of open space needed to protect it. Portions of a site which may have overlapping resource protection restrictions shall be subject to the highest open space ratio and shall be calculated only once.
Resource
Protection Ratio
Acres of Land in Resource
Resource Protection Land
Total Proposed Disturbance
Floodplains
1.00
x
_____ acres
_____ acres
_____ acres
Streams or watercourses
1.00
x
_____ acres
_____ acres
_____ acres
Lakes or ponds
x
_____ acres
_____ acres
_____ acres
Wetlands
1.00
x
_____ acres
_____ acres
_____ acres
Wetland Buffer*
1.00
x
_____ acres
_____ acres
_____ acres
Steep slopes (26% or more)
0.85
x
_____ acres
_____ acres
_____ acres
Steep slopes (16% to 25%)
0.70
x
_____ acres
_____ acres
_____ acres
Steep slopes (12% to 15%)
0.60
x
_____ acres
_____ acres
_____ acres
Woodlands
0.60
x
_____ acres
_____ acres
_____ acres
NOTES:
*
Except as permitted by § 450-1700C(5).
Total land with resources =
_____ acres
Total resource protection land =
_____ acres
Total proposed disturbance =
_____ acres
(a) 
Determination of net buildable site area.
Base site area
_____ acres
Minus total resource protection land
_____ acres
Equals net buildable site area
_____ acres
(b) 
Determination of maximum amount of impervious surface.
Net buildable site area:
_____ acres
Multiply by maximum site impervious surface ratio:
_____ acres
Equals maximum site imperviousness:
_____ acres
(c) 
Site capacity summary.
Base site area:
_____ acres
Total resource protection land:
_____ acres
Net buildable site area:
_____ acres
Maximum site imperviousness:
_____ acres
[Amended 2-18-2015 by Ord. No. 226]
A. 
Floodplain areas.
(1) 
The identified floodplain area shall be:
(a) 
Any areas of West Rockhill Township, classified as special flood hazard areas (SFHAs) in the Flood Insurance Study (FIS) and the accompanying Flood Insurance Rate Maps (FIRMs) dated March 16, 2015 and issued by the Federal Emergency Management Agency (FEMA) or the most recent revision thereof, including all digital data developed as part of the Flood Insurance Study; and
(b) 
For areas abutting streams and watercourses where the 100-year floodplain (1% annual chance flood) has not been delineated by a Flood Insurance Study, the applicant shall submit a floodplain identification study. The study prepared by a registered professional engineer expert in the preparation of hydrologic and hydraulic studies shall be used to delineate the 100-year floodplain. The floodplain study shall be subject to the review and approval of the Township. All areas inundated by the 100-year flood shall be included in the floodplain area.
(2) 
The above referenced FIS and FIRMs, and any subsequent revisions and amendments are hereby adopted by West Rockhill Township and declared to be a part of this chapter.
B. 
Description and special requirements of identified floodplain area. The identified floodplain area shall consist of the following specific areas/districts:
(1) 
The Floodway area/district identified as floodway in the FIS which represents the channel of a watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without any increase in the water surface elevation at any point. This term shall also include floodway areas which have been identified in other available studies or sources of information for those special floodplain areas where no floodway has been identified in the FIS.
(a) 
Within any floodway area, no encroachments, including fill, new construction, substantial improvements, or other development shall be permitted unless it has been demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.
(b) 
No new construction or development shall be allowed, unless a permit is obtained from the Department of Environmental Protection Regional Office.
(2) 
The AE Area/District shall be those areas adjacent to the floodway and identified as an AE Zone on the FIRM included in the FIS prepared by FEMA for which base flood elevations have been provided.
(3) 
The A Area/District shall be those areas identified as an A Zone on the FIRM included in the FIS prepared by FEMA and for which no 1% annual chance flood elevations have been provided. For these areas, elevation and floodway information from other federal, state, or other acceptable source shall be used when available. Where other acceptable information is not available, the elevation shall be determined by hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by registered professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough technical review by the Township.
(4) 
For areas adjoining streams, ponds, and lakes not included in the FIS prepared by FEMA, the applicant shall be required to determine the elevation and area of the floodplain with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by registered professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough technical review by the Township. All areas inundated by the 100-year flood shall be included in the floodplain area.
C. 
Floodplain Zoning District provisions. All uses, activities and development occurring within a Floodplain District shall be undertaken in strict compliance with the provisions of this chapter, all other applicable codes and ordinances, such as Chapter 365, Subdivision and Land Development, and Chapter 212, Floodplain Management, of the Code of the Township of West Rockhill. (In addition, all such uses, activities and development shall be undertaken only in compliance with federal or state law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. § 1344).
(1) 
Uses permitted by right. The following uses and activities are permitted in floodplain, provided that they are in compliance with the provisions of the underlying zoning district, comply with requirements of Chapter 212, Floodplain Management, of the Code of the Township of West Rockhill, are not prohibited by any other ordinance, and do not require structures, fill or storage of materials or equipment.
(a) 
Agricultural uses such as general farming, pasture grazing, outdoor plan nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting.
(b) 
Public and private recreational uses and activities, such as parks, day camps, picnic grounds, golf courses, boat launching and swimming areas, hiking, bicycling and horseback riding trails, wildlife and nature preserves, game farms, fish hatcheries, tennis courts and hunting and fishing areas.
(c) 
Yard areas for residential and nonresidential uses.
(d) 
Temporary uses such as circuses, carnivals, and similar activities.
(e) 
Stream crossings for utilities, driveways and roads.
(2) 
Uses permitted by special exception. The following uses and activities are permitted in floodplain by special exception provided that they are in compliance with the provisions of the underlying district, comply with the requirements of Chapter 212, Floodplain Management, of the Code of the Township of West Rockhill and are not prohibited by any other ordinance:
(a) 
Utilities, public facilities and improvements, such as streets, bridges, transmission lines and pipelines.
(b) 
Water related uses and activities.
(c) 
Storage of materials and equipment, provided they are not buoyant, flammable or explosive, and are not subject to major damage by flooding, and provided such material and equipment is firmly anchored to prevent flotation or movement. Storage or materials and equipment listed in § 212-27, Development which may endanger human life, of Chapter 212, Floodplain Management, of the Code of the Township of West Rockhill shall be prohibited.
(d) 
Pervious parking areas.
Subdivisions and land developments which require open space shall meet the open space requirements of this section. The plan shall contain or be supplemented by such material as required to establish the method by which open space shall be perpetuated, maintained, and administered. The plan and other materials shall be construed as a contract between the landowner(s) and the municipality, and shall be noted on all deeds.
A. 
Standards for open space land. Required open space land shall conform to the following standards:
(1) 
Open space shall include the most sensitive natural resource areas of a property. In addition, it should also include locally significant features such as hedgerows, tree groups, woodlands, slopes, and scenic vistas. Fragmentation of resource areas should be minimized so that they are not divided into smaller isolated pieces. Long thin strips of open space (less than 100 feet wide) should be prohibited unless necessary to connect other significant areas, or when they are designed to protect linear resources such as streams or trails.
(2) 
Open space land connection considerations. Wherever applicable (such as along designated greenway corridors), open space should be designed as part of larger continuous and integrated open space systems. Open space shall be laid out in general accordance with the Official West Rockhill Township Conservation Strategy and Protected Park and Open Space Resources Map and Trail and Greenway Network Map in the West Rockhill Open Space Plan, latest edition, to ensure that an interconnected network of open space will be provided.
(3) 
Undivided land for common use. The required open space land shall generally remain undivided and may be owned and maintained by a homeowners' association, land trust, Township, another conservation organization recognized by the municipality, or by a private individual. These ownership options may be combined so that different parts of the open space may be owned by different entities.
(4) 
Where open space is designated on a subdivision plan or is restricted from further subdivision or development by a restriction in a deed and/or by a note on subdivision plan, the open space shall not be further subdivided or developed, regardless of an intervening zoning or other ordinance change. The plans shall contain the following statement: "Open space which is designated on this subdivision plan or is restricted from further subdivision and development by a restriction in a deed and/or by a note on a subdivision plan shall not be developed or further subdivided, regardless of an intervening zoning change."
(5) 
Required open space shall not include any area which is required by this chapter for minimum yards or setbacks or building separations.
(6) 
Open space whose purpose or resulting effect is to enhance the private yards of individual lots shall not be considered to meet the ordinance requirements for open space and shall not be counted in the calculation of minimum required open space. Narrow or irregular pieces of land which serve no public open space function or which are remnants leftover after the lots, streets, and parking areas have been laid out shall not be considered to meet the ordinance requirements for open space and shall not be counted in the calculation of minimum required open space.
(7) 
Visibility considerations. The required open space land shall be located and designed to add to the visual amenities of new neighborhoods and to the surrounding area, by maximizing the visibility of internal open space as terminal vistas at the ends of streets (or along "single-loaded" street segments, particularly along the outside edges of street curves), and by maximizing the visibility of external open space as perimeter "greenbelt" conservation land. Open space shall be designed to provide separation from and to protect scenic views as seen from existing roadways and public parks.
(8) 
Buffers for adjacent wildlife sanctuaries or public parkland held in a natural state. Where the proposed development adjoins public parkland or wildlife sanctuary, a natural greenway buffer at least 75 feet deep shall be provided within the development along its common boundary with the parkland, within which no new structures shall be constructed, nor shall any clearing of trees or understory growth be permitted (except as may be necessary for street or trail construction). Where this buffer is unwooded, the Township may require vegetative screening to be planted, or that it be managed to encourage natural forest succession through "no-mow" policies and the periodic removal of invasive plant and tree species.
(9) 
Agricultural lands. No portion of any building lot may be used for meeting the minimum required open space land. However, active agricultural land with farm buildings, excluding areas used for residences, may be used to meet the minimum required open space land.
(10) 
Pedestrian and maintenance access, excluding those lands used for agricultural or horticultural purposes, shall be provided to open space in accordance with the following:
(a) 
Each neighborhood shall provide one centrally located access point per 40 lots, a minimum of 25 feet in width.
(b) 
Recreational access to open space used for agriculture may be appropriately restricted for public safety reasons and to prevent interference with agricultural operations.
B. 
Designation of and permitted uses on open space land. Open space land required to be reserved and created through the subdivision and land development process shall be subject to permanent conservation easements prohibiting future development and defining the range of permitted activities. The following uses are permitted in the required open space land:
(1) 
Conservation of open land in its natural state (for example, woodland, fallow field, or managed meadow).
(2) 
Agricultural and horticultural uses, including raising crops, wholesale nurseries, associated buildings, excluding residences that are specifically needed to support an active, viable agricultural or horticultural operation. Specifically prohibited are commercial livestock operations, except that equestrian facilities and stables may be permitted.
(3) 
Pastureland for horses. Equestrian facilities shall be permitted but may not consume more than 60% of the minimum required open space land, whether they be for commercial or noncommercial purposes. New stables shall not be permitted within 200 feet of any abutting residential property.
(4) 
Neighborhood open space uses such as village greens, commons, picnic areas, community gardens, trails, and similar low-impact passive recreational uses. Specifically prohibited are motorized off-road vehicles, target or shooting ranges, and other uses similar in character and potential impact, as determined by the Township.
(5) 
Active noncommercial recreation areas, such as playing fields, playgrounds, courts, and bikeways, provided such areas do not consume more than 50% of the minimum required open space land or five acres, whichever is less.
(6) 
Underground utility rights-of-way, easements for drainage, access, sewer or water lines, or other public purposes.
C. 
Open space performance bond. Designated planting and recreation facilities within the open space areas shall be provided by the developer. A performance bond or other securities may be required to cover costs of installation in accordance with the provisions of Chapter 365, Subdivision and Land Development.
D. 
Conveyance, ownership, and maintenance of open space lands. Any of the following methods may be used to preserve, own, or maintain open space: condominium, homeowners' association, dedication in fee simple to West Rockhill Township or to a county or state government, dedication of easements to a municipal government or conservation organization, or transfer to a private conservation organization. The following specific requirements are associated with each of the various methods.
(1) 
Dedication in fee-simple to the Township of West Rockhill. The Township may, but shall not be required to, accept dedication in fee-simple any portion of the open space area, provided:
(a) 
There is no cost involved to the Township;
(b) 
The Township agrees to and has access to maintain such land;
(c) 
It is acceptable with regard to size, shape, location and improvement; and
(d) 
The land can, in the Township's discretion, be utilized for the health, safety and welfare of the Township.
(2) 
The Township may, but shall not be required to, accept any designated farmland preservation tract in the RA Residential Agriculture District, provided:
(a) 
There shall be no cost involved to the Township;
(b) 
Such open space shall be deed-restricted to agriculture; and
(c) 
The Township may rent the land subject to such restrictions.
(3) 
Conveyance to homeowners' association, condominium, or similar legal entity.
(a) 
By conveying title (including beneficial ownership) to a corporation, homeowners' association, condominium or other similar legal entity provided the terms of such instrument of conveyance include provisions suitable to the Township for guaranteeing:
[1] 
The continued use of such land for the designated purpose;
[2] 
Continuity of proper maintenance for those portions of the open space requiring maintenance;
[3] 
The availability of funds required for such maintenance;
[4] 
Adequate insurance protection;
[5] 
Provisions for payment of applicable taxes;
[6] 
Recovery for loss sustained by casualty, condemnation, or otherwise;
[7] 
Such other covenants and/or easements that the Township shall deem desirable to fulfill the purposes and intent of this chapter.
(b) 
The following are prerequisites for such a corporation or association:
[1] 
It must be set up before any homes or dwelling units are sold or leased or otherwise conveyed.
[2] 
Membership must be mandatory for each buyer and/or lessee and any successive buyer and/or lessee.
[3] 
It must be responsible for liability insurance, taxes, recovery for loss sustained by casualty, condemnation or otherwise, and the maintenance of recreational and other facilities.
[4] 
Members of beneficiaries must pay their pro rata share of the costs, and the assessment levied can become a lien on the property.
[5] 
It must be able to adjust the assessment to meet conditions.
[6] 
Such corporation or association shall not be dissolved nor shall it dispose of the open space, by sale or otherwise. The corporation or association may offer to dedicate the open space to the Township.
(c) 
The dedication of open space, streets, or other lands in common ownership of the corporation, association or other legal entity, or the Township, shall be absolute and not subject to reversion for possible future use for further development.
(d) 
All documents pertaining to the conveyance and maintenance of the open space shall meet the approval of the Township Solicitor as to the legal form and effect.
(4) 
Transfer to a private conservation organization. With permission of the Township, an owner may transfer either the fee simple title, with appropriate deed restrictions running in favor of the Township, or easements, to a private, nonprofit organization, among whose purposes it is to conserve open space land and/or natural resources, provided that:
(a) 
The organization is acceptable to the Township and is a bona fide conservation organization with perpetual existence;
(b) 
The conveyance contains appropriate provision for transfer to the Township in the event that the organization becomes unwilling or unable to continue carrying out its functions; and
(c) 
A maintenance agreement acceptable to the Township is entered into by the developer and the organization.
E. 
Costs. Unless otherwise agreed to by the Township or County, the cost and responsibility of maintaining open space shall be borne by the property owner, condominium association, homeowners' association, or other organization. If the open space is not properly maintained, the Township may assume responsibility of maintenance and charge the property owner, condominium association or homeowners' association a fee which covers maintenance cost, administrative costs, and penalties as stipulated in this chapter.
A. 
General buffer requirements.
(1) 
Landscape buffers shall contain trees, evergreens, shrubs, ground covers, berms, fences, or a combination of these features, placed along a street, property line, use, or activity, for the purposes of separating one land use from another land use, or to shield or block lights, noise, or visual impacts, and to preserve the natural landscape of West Rockhill Township.
(2) 
No structures, buildings, uses, storage of materials, or parking shall be permitted in the buffer yards. Access driveways may cross buffer yards, provided that they are perpendicular to the property line. Trails and sidewalks may be located at the edge of a required buffer, provided that the required planting is not diminished.
(3) 
Where vegetation exists that can meet the objectives of the buffer requirements, it shall be preserved and may be used to meet the buffer and planting requirements. Quantities, size, species, and locations of existing materials must be shown on plans and verified by the Township. Where the Township allows existing vegetation to be counted toward meeting the buffer requirements of this chapter, the vegetation shall not be removed except for exotic invasive species or poison ivy and poison oak. The vegetation shall be protected by recorded plan note to insure that it remains as a part of the subdivision or land development.
(4) 
Where buffers are required, they shall be provided along the entire length of the property line, use, or activity.
(5) 
Buffer areas shall be provided in addition to the required minimum side and rear yards to provide a minimum depth of 25 feet, as measured from the principle structure.
(6) 
All buffer yards shall be maintained and kept clean of all debris. Required buffer plantings shall not be removed as long as they are viable.
(7) 
Minimum width buffer yards do not count as open space. However, required open space may be used to meet the requirements for buffers where the open space has a minimum contiguous area of four acres and a minimum dimension of 200 feet.
(8) 
Easements shall be provided for all buffers; a buffer easement shall be shown on all plans. The easement shall require that the property owner be responsible for maintenance of the buffer area and all vegetation within the buffer easement.
(9) 
For wildlife sanctuaries and public parkland held in a natural state the open space buffer requirements of § 450-1703A(8) must be met.
(10) 
Plant materials suitable for all buffer types are listed in Article V, General Design Standards, of Chapter 365, Subdivision and Land Development, of the Code of the Township of West Rockhill.
B. 
Summary of buffer locations and types.
Type of Buffer
Required Locations
1
2
3
4
5
Nonresidential/residential separation buffers
X
Single-family/multifamily separation buffers
X
Reverse frontage buffers
X
Farmland preservation buffer
X
Visual screen for storage and maintenance activities
X
Village Center District
X
Around parking lots
X
C. 
Types of buffers.
(1) 
Nonresidential/residential separation buffers. Type 1 buffer shall be provided wherever a nonresidential use abuts a residential use or a residentially zoned district.
(2) 
Single-family/multifamily separation buffers. Type 1 buffers shall be provided wherever a multifamily residential development, townhouse/attached development or a mobile home park abuts a single-family residential use or district. The buffer shall be located on the multifamily or mobile home park property.
(3) 
Reverse frontage buffers. Type 2 buffers shall be provided for reverse frontage lots along abutting arterial or collector roads or expressways, or any existing perimeter street not part of a new development.
(4) 
Farmland preservation buffer. Type 3 buffer yard shall be required where residential or nonresidential uses abut farmland.
(5) 
Visual screen for storage and maintenance activities. Type 4 buffer yard, which shall include fence and plantings sufficient to provide a visual screen.
(6) 
Village Center District. Where commercial, institutional, office, or multifamily uses abut a single-family residential use in the Village Center District, a Type 5 buffer yard, consisting of a landscaped area and a four-to-six-foot-high fence, shall be required. Buffers may be reduced or eliminated at the discretion of the Township in the Village Center District only, where buffering would adversely affect the mix of uses and activities in a village setting.
(7) 
Parking lot periphery for commercial, institutional and office uses. Type 5 buffer, consisting of a landscaped area 10 feet in width provided at the periphery of all parking lots used for commercial, office or industrial activities. Where a larger buffer is required by other sections of this chapter the larger buffer shall be provided.
D. 
Buffer dimension and planting requirements.
(1) 
Type 1 buffer. Buffer design and plant materials (nonresidential/residential separation buffer and single-family/multifamily separation buffer) shall be as follows:
(a) 
Buffer width: 25 feet.
(b) 
Screened planted area: minimum of 25 feet.
(c) 
Berming may be required if it contributes to the screening effect and if it can be blended into the topography. Berms shall be between three and six feet in height and shall meander in a naturalistic fashion without adversely affecting drainage. Slope-to-height ratios shall not be less than three to one.
(d) 
Plant materials shall comply with the requirements of the following chart.
Type 1 Buffer Planting Requirements
Plant Types
Size
Plant Quantities Required
Evergreens
6 to 7 feet in height
1 evergreen per 20 feet of buffer
Shade trees
3- to 3.5-inch caliper
1 shade tree per every 3 evergreens or approximately 1 per 60 feet of buffer length
Ornamental flowering trees
8 to 10 feet in height; 2.5-inch caliper
1 flower tree per every 3 evergreens or approximately 1 per 60 feet of buffer length
Shrubs
Minimum of 4 feet in height
5 shrubs for every 1 evergreen tree or approximately 1 per 4 feet of buffer length; planted in naturalistic groupings of mixed plant varieties and sizes in masses within mulched planting beds; not more than 75% being deciduous varieties and not less than 50% being ornamental flowering varieties
Groundcovering plants
18-inch maximum height at maturity
10 plants per every 1 shrub; planted in masses with shrub beds at a rate of 1 per square foot of shrub bed area with a minimum of 10 plants for each shrub
(2) 
Type 2 buffer. Buffer design and plant materials (reverse frontage buffer) shall be as follows:
(a) 
Buffer width: 50 feet.
(b) 
Screened planted area: minimum of 25 feet closest to the street or bordering lot line.
(c) 
Preserve existing trees and supplement with shade-tolerant evergreens, ornamental trees and shrubs selected from the plant list.
(d) 
Planted area shall completely screen the views of abutting yards from the street from ground level to six feet above ground level at plant maturity.
(e) 
Berming may be required; vertically and horizontally meandering berms suggesting a rolling landscape shall be incorporated into the grading design without adversely affecting drainage. Berms shall be three to six feet in height and shall vary in height and slope. Slope to height ratios shall not be less than three to one.
(f) 
Plant materials shall comply with the requirements of the following chart.
Buffer Type 2 Planting Requirements
Plant Types
Size
Plant Quantities Required
Shade trees
3.5-inch caliper
50 trees per 1,000 linear feet of buffer
Evergreen
6 feet to 7 feet in height
50 trees per 1,000 linear feet of buffer
Ornamental flowering trees
8 feet to 10 feet in height
10 trees per 1,000 linear feet of buffer
Shrubs
4 feet in height
150 shrubs per 1,000 linear feet of buffer
(3) 
Type 3 buffer. Buffer design and plant material (farmland buffer) shall be as follows:
(a) 
Buffer width: 25 feet.
(b) 
Planted area: minimum of 10 feet in width.
(c) 
The farmland area shall be separated from the residential area by a split-rail or similar fence placed on the property line.
(d) 
The 10 feet immediately adjacent to the fence shall be planted with native trees and shrubs as listed in Article V, General Design Standards, of Chapter 365, Subdivision and Land Development, of the Code of the Township of West Rockhill, in informal groupings to achieve a naturalized farmland buffer as an adequate separation between farmland and developed land.
(e) 
The remaining 15 feet abutting the farmland shall be planted in grasses or wildflowers to be mowed or ground-covering plants on a slope not to exceed a four-to-one slope-to-height ratio.
(4) 
Type 4 buffer. Buffer design and plant materials shall be as follows:
(a) 
A buffer wide enough to accommodate a fence and plantings abutting the fence is required.
(b) 
A solid fence shall be provided. The fence height shall be adequate to provide a complete visual screen from adjoining properties but not to exceed eight feet in height. Fence details shall be provided with the landscape plan.
(c) 
Along the exterior face of the fence there shall be a row of ornamental shrubs and/or evergreens in a hedging habit planted at a rate to obscure the appearance of the fencing after a five-year growing period. Minimum shrub and upright habit evergreen height at planting shall be four feet.
(5) 
Type 5 buffer. Buffer design and plant materials shall be as follows:
(a) 
Shrubs with a planted minimum height of three feet shall be planted, with shade trees interspersed, in a continuous band with a spacing not exceeding five feet on center for shrubs and 30 feet on center for trees.
E. 
Planting requirements near overhead utility lines. Where street trees are to be planted along streets with overhead power lines, the following requirements shall be met:
(1) 
If trees are to be planted within 15 feet of a utility pole or line, measured along the ground from the base of the pole, only trees which grow no taller than 25 feet shall be planted.
(2) 
If trees are to be planted within 15 feet to 25 feet of a utility pole or line, measured along the ground from the base of the pole, only trees which grow no taller than 40 feet shall be planted. Refer to Article V, General Design Standards, of Chapter 365, Subdivision and Land Development, of the Code of the Township of West Rockhill for specifications and acceptable trees.
F. 
Existing trees in right-of-way. Trees in the right-of-way of Township roads, where the right-of-way belongs to the Township, shall not be removed without Township approval except within the clear sight triangle and except for the removal of dead or unhealthy trees or non-native invasive trees. All trees within the right-of-way shall be included in the tree inventory and landscape plan.
G. 
Outdoor collection station. Where outdoor collection stations are provided for garbage and trash removal, these stations shall be located to the rear of the structure and shall be visually screened from public streets, internal roadways and adjacent property and landscaped. Screening shall consist of a solid board fence, masonry wall, or dense evergreen plant materials. All such screening shall be of sufficient height to screen the outdoor collection station from view.