Township of Hellam, PA Chapter 280 Landscaping

[HISTORY: Adopted by the Board of Supervisors of the Township of Hellam 10-17-2019 by Ord. No. 2019-05.[1] Amendments noted where applicable.]

[1] Editor's Note: This chapter was originally adopted as Ch. 421, but was renumbered by the codifier for organizational purposes.

§ 280-1 Purpose.

The purpose of the landscaping requirements in this chapter is to enhance health safety and quality of life by providing for screening and buffering; aiding in the reduction of noise, heat, and glare; minimizing erosion and sedimentation; and a healthier environment. These requirements are designed to promote sustainable landscapes within the Township, conserve and restore healthy soils, reduce the use of irrigation for landscapes, improve the quality of surface waters, reduce energy consumption, provide wildlife habitat, and protect and restore native plant communities. They will likewise assist York County with cleaning up impaired waters in both MS4 and non-MS4 municipalities, and meeting the countywide target water quality thresholds.

§ 280-2 Scope.

A. A landscape plan, consistent with the provisions of this chapter, shall be required for each subdivision of three or more residential lots; all subdivision plans for agricultural, commercial, industrial or institutional uses; and all land development plans. The landscape plan shall be submitted in conjunction with the initial Subdivision and Land Development Plan submission.

B. All land areas within a subdivision or land development plan shall be included in the landscape plan.

C. To the extent possible, and consistent with this section, properties being redeveloped shall meet the landscaping requirements of this chapter.

D. Each residential subdivision plan resulting in less than three lots must comply with § 280-8, Plant material, § 280-9, Street trees, § 280-11, Landscape buffers, and § 280-14, Guarantee and maintenance, of this chapter, but is not required to submit a landscape plan. The plant species and size shall be listed in the notes and the location of plantings shall be shown on the subdivision plan.

§ 280-3 General.

A. Words and phrases shall be presumed to be used in their ordinary context unless such word or phrase is defined or interpreted differently within this chapter.

B. A reference to a statute, regulation or publication issued by a public body or public officer includes the statute or regulation or publication with all amendments and supplements thereto and any new statute, regulation or publication substituted for such statute, regulation, or publication as in force at the time of application of the provision of the statute, regulation or publication to which such reference is made.

C. Unless clearly inconsistent with the context in this chapter, when a term is defined in the MPC and is not otherwise defined in § 280-4 of this chapter, the definition of such term in the MPC shall apply.[1]

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

D. Unless clearly inconsistent with the context in this chapter, when a term is defined in Chapter 490, Zoning, and is not otherwise defined in § 280-4, the definition of such term in Ch. 490 shall apply.

§ 280-4 Definitions.

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

BUFFER

A landscape area, or an area of preserved vegetation, intended to be used as a means of limiting the potential adverse effects created by a use, on adjoining properties or streets.

CRITICAL ROOT ZONE (CRZ)

Portion of the root system that is the minimum necessary to maintain vitality or stability of the tree. Encroachment or damage to the critical root zone will put the tree at risk of failure. The CRZ equals 12 inches of radius from the trunk for each inch of trunk diameter measured at 4 1/2 feet (4.5) above ground level.

DIAMETER BREAST HEIGHT (DBH)

The diameter of a tree trunk in inches, at 4 1/2 feet (4.5) above ground level.

DRIPLINE

An area on the ground defined by the outermost circumference of tree canopy.

HEDGEROW

A row of dense vegetation in a linear design for the purpose of wildlife habitat, pollinator food and habitat, windbreak, or to limit spray drift.

INVASIVE PLANT

A nonnative plant that reproduces more rapidly, out-competes, and displaces native plants in the landscape. Invasive plants are listed in the PA DCNR publication "Invasive Plants in Pennsylvania," including watch list species, and "Invasive Plants of Pennsylvania Fact Sheets."

LAND DEVELOPMENT

Any of the following activities:

A. The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:

(1) A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or

(2) The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of, streets, common areas, leaseholds, condominiums, building groups or other features.

B. A subdivision of land.

C. Development in accordance with Section 503(1.1) of the Municipalities Planning Code (MPC).[1]

LANDSCAPE

The area not occupied by structures, roads or parking. It includes existing and proposed plant materials, such as trees, shrubs, ground cover and perennials; natural materials, such as rocks, earthen berms and water; and man-made materials, such as sculpture, art, walls, fences, paving materials, and outdoor furniture.

NATIVE PLANT

For the purposes of York County, a plant species that occurred in Pennsylvania or Maryland prior to European settlement. The native status of plants may be confirmed through the www.plants.usda.gov website, using the Native Status Maps for each species. For purposes of this chapter, "native plant" shall include native shade tree, native street tree, native shrub, native groundcover, native grass, and native perennial.

PLANTED MEADOW

An area containing native grasses and flowering herbaceous plants that serve an ecological function. Meadows should not contain species listed in the PA DCNR publication "Invasive Plants in Pennsylvania," including watch list species, or PA Department of Agriculture "Noxious Weeds List."

RIPARIAN BUFFER

A vegetated area, including trees, shrubs, and herbaceous vegetation, adjacent to a stream, river or wetland.

SCREENING

Restriction of objectionable views to intensive use or utility elements of a site by landscape plantings, berms, walls, and fences according to § 280-12. The screening is located at or near the element to be screened.

SUBDIVISION

The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development. The subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.

SUSTAINABLE LANDSCAPE

A landscape that balances the needs of people, the economy, and the environment. A landscape which reduces energy consumption, protects soils, improves surface water quality, reduces the need for irrigation, and protects native plant communities.

[1] Editor's Note: See 53 P.S. § 10503(1.1).

§ 280-5 Basic content of the landscape plan.

The landscape plan shall be drawn at a scale of not less than one inch equals 100 feet. It shall contain the following information in addition to all other inclusions required by this chapter:

A. Certification, including signature, seal, and date, by a landscape architect registered by the Commonwealth of Pennsylvania.

B. The location of all existing and proposed structures, fences and walls; streets; parking/loading areas; utilities; lighting; rights-of-way; and easements.

C. The location of all existing and proposed outdoor storage and trash receptacle areas.

D. Adjacent land uses and zoning classifications.

E. The location and general type of existing vegetation. Any existing vegetation to be removed shall be noted on the plan.

F. A plant list or schedule, indicating scientific and common names, required and proposed quantities, spacing, native plant status, and size of all proposed landscape materials at the time of planting shall be provided.

G. The plant list or schedule must also include any plant symbols used on the Plan drawing and the expected mature spread of each plant.

H. Existing soil types and proposed topography shall be shown.

I. Proposed protection of existing trees to remain, and details of the protection.

J. Location and description of other landscape improvements, such as earth berms, walkways, raised beds, sculptures, fountains, street furniture, lights, and paved areas.

§ 280-6 Topsoil.

A. The landscape plan must meet the requirements of PA DEP Chapter 102 as administered by the York County Conservation District for soil erosion and sediment control related to removal, stockpiling, redistribution, and stabilization of topsoil.

B. No topsoil may be removed from the site until a minimum of four inches of topsoil has been redistributed over all areas to receive turf or meadow, and eight inches in areas of trees and shrubs.

C. Areas to be landscaped shall not be used for incompatible uses, such as waste dumps or parking areas, during construction. Any material, such as construction debris or substances toxic to plants, shall be removed prior to the placement of topsoil.

D. Soil tests shall be performed on the topsoil to be redistributed, including organic material percent. Results and recommendations shall be furnished to the Township representative and landscape contractor before plants arrive on site, or permanent turf is seeded.

§ 280-7 Existing tree preservation and protection.

A. Every effort shall be made to preserve mature trees over nine inches in caliper and significant existing native vegetation on a development site and to incorporate these existing plants into an overall planting design. Every effort shall be made to retain as much of a wooded area as possible of a size and configuration that will promote its natural growth and regeneration, particularly when adjoining woodlands.

B. An existing tree shall be considered preserved if there is no disturbance within the tree's dripline or critical root zone, whichever is greater. Disturbance includes earth disturbance, earth compaction, vehicular and foot traffic, material stockpiling, and/or the construction of any proposed improvements and utilities.

C. The following conservation practices are mandatory and shall be noted on the grading and soil erosion and sedimentation control plan, and employed in order to preserve existing trees. In addition to the other requirements specified in this section, these conservation practices shall be undertaken during land development activities. Prior to any clearing or site disturbance, the applicant and/or site contractor shall meet with the Township to further determine methods to minimize tree loss. For this meeting, the Township may appoint a qualified landscape professional to act on its behalf.

(1) All trees and other vegetation to be preserved shall be protected from equipment damage by temporary snow fencing or other effective barriers approved by the Township. Fencing or barriers around trees shall be placed outside the dripline. Tree protection installation must be approved by the Township landscape professional prior to the start of any clearing, grading, or other earth disturbance and monitored periodically. The tree protection fencing shall be maintained by the applicant while in place. It shall be removed after all earth moving and construction activities that may impact tree roots are completed, including contractor worker parking.

(2) When disturbance within the critical root zone is unavoidable, applicants shall minimize encroachment and use the best available methods as approved by the Township landscape professional to minimize damage and preserve trees. These methods may include utility tunneling, use of geo-textiles, mulching, hand root pruning, and soil aeration. Applicants shall consult references such as "A Guide to Preserving Trees in Development Projects," published by the Penn State College of Agricultural Sciences Cooperative Extension.

NOTE: Link to "A Guide to Preserving Trees in Development Projects": http://pubs.cas.psu.edu/FreePubs/pdfs/uh122.pdf.

D. Should any mature viable trees on the site not scheduled to be removed and counted as required landscape plantings, be irreparably damaged during site preparation activities and, as a consequence thereof, die or decline as determined by the appointed Township landscape professional, within 18 months of the conclusion of construction activities, such trees shall be replaced with nursery-grown material of similar species and the sum of equivalent diameter.

§ 280-8 Plant material.

Unless otherwise specified, nursery-grown plant materials shall conform to requirements listed in the "American Standard for Nursery Stock," ANSIZ60.1, current edition, published by the AmericanHort. The following guidelines are the minimum required for all nursery-grown plant materials as required in this section:

A. Plants for landscaping shall have been grown in USDA Hardiness Zones 5, 6, or 7, and within 250 miles of York County.

B. All trees, shrubs, and plants shall be sound, healthy, vigorous, and have normal growth habits.

C. No invasive plants, including "watch list" species, listed in the most recent edition of PA DCNR publications "Invasive Plants in Pennsylvania" and "Invasive Plant Fact Sheets," shall be utilized. No plants listed in the PA Department of Agriculture "Noxious Weeds List" shall be planted.

D. The type(s) of plantings shall be limited to species that are contained in the native plant list provided by the Township.

E. The locations, dimensions, and spacing of required plantings shall be adequate for their proper growth and maintenance, taking into account the sizes of such plantings at maturity and their present and future environmental requirements, such as soil moisture and sunlight.

F. Shade trees for landscaping purposes only shall have a minimum caliper of two inches at installation. 100% of shade trees shall be native plants.

G. Large street trees shall have a minimum caliper of two inches at installation, and a mature height of greater than 30 feet. A minimum of 100% of the large street trees shall be native plants. Acceptable large street tree species are listed in § 280-9, Street trees.

H. Small street trees shall have a minimum caliper of 1 1/2 inches at installation, and a mature height of less than 30 feet. Multiple-trunk trees should be identified as such in the plant list. Multiple-trunk trees shall be counted as one tree. A minimum of 100% of all small street trees shall be native plants. Acceptable small street tree species are listed in § 280-9, Street trees.

I. Evergreen trees shall have a minimum height of six feet at installation. A minimum of 100% of evergreen trees shall be native plants.

J. Shrubs shall be spaced according to their size, growth characteristics and intended use. Shrubs shall comply with the following requirements:

(1) "Large shrubs" are defined as shrubs naturally growing to a height of more than four feet, and shall be a minimum size of two feet in height at planting. 100% of the large shrubs shall be native plants.

(2) "Small shrubs" are defined as shrubs naturally growing to a height of less than four feet, and shall be a minimum size of 18 inches in height or 18 inches in spread, depending on variety. A minimum of 50% of the small shrubs shall be native plants.

K. "Ground cover" is defined as plantings to prevent soil erosion, and may include small shrubs, herbaceous perennials, meadows, bulbs and annuals. Plants shall be spaced appropriate to type and size at installation. Ground cover plants shall be spaced and seeding rates sufficient so that 100% of the beds are covered after three years' growth. Ground cover specifically prohibited is English ivy, periwinkle, creeping lily turf, Japanese pachysandra and crown vetch.

L. A variety of plant species are encouraged to avoid monocultures, to encourage long-lived species and to promote wildlife habitat. Of the required tree plantings and of the shrub plantings, no more than 33% may be of one species.

M. To allow for design flexibility, plant material substitutions from the requirements may be permitted at the discretion of the Township. In such cases, the applicant must demonstrate to the satisfaction of the Township that the general intent of the ordinances is achieved.

N. Trees, shrubs, and perennials that produce food for human consumption, or can be harvested for medicinal properties, may be substituted for any plant material required by this chapter, as long as the tree, shrub, or perennial meets the screen, shade, safety, or engineering objective of the planting. No invasive plants or noxious weeds may be utilized under this section.

§ 280-9 Street trees.

Street trees shall be planted along all proposed streets, and in redevelopment projects. Street trees shall also be planted along all existing streets.

A. Street tree standards include:

(1) Trees must meet the requirements of § 280-8, Plant material, for large and small street trees.

(2) Trees must be balled and burlapped with the native soil in which the tree had been growing.

(3) Tree straightening shall be included in the bond for 18 months following installation. Staking or guying are not required, but may be used in situations of high winds or loose soil.

(4) Large street trees shall be spaced a maximum of 50 feet. Small street trees shall be spaced a maximum of 30 feet.

(5) Trees shall be planted between the street cartway and the front building setback line, but at least 10 feet from the edge of the improved cartway or sidewalk, but in no case between the cartway and sidewalk.

(6) Use of multiple species is permitted provided that along a street the trees are similar in regards to height and spread and that similar species are planted within single or two-family detached lots.

(7) Trees shall be planted so as not to interfere with the installation and maintenance of sidewalks, lights and utilities. Street trees shall be set back 10 feet from underground utilities; tree canopies or crowns at maturity shall not interfere with overhead utilities. Small street trees may be placed beneath overhead utilities if the mature size of the tree will not interfere with the lines.

(8) Existing trees to remain may count towards the required number of street trees, as required in A.5[1], if the trees are between the cartway and the building setback line, are at least four inches in diameter, measured 12 inches above the ground, and are limbed up at least six feet in height.

[1] Editor's Note: So in original.

(9) Clusters or other alternative arrangements of street trees may be permitted where conditions warrant subject to the approval of the Township. In each alternative arrangement, one large shrub, meeting the requirements of § 280-8, Plant material, shall be planted in addition to each required street tree. The alternative arrangement of trees and shrubs shall have perennials or meadow between the trees; meadows shall be maintained according to § 280-13, Meadows. Adding trees to the interior or periphery of an existing wooded area does not fulfill this section.

(10) Street trees are the property and responsibility of the lot owner. Maintenance of street trees, including watering, pruning, pest control, and removal if necessary, is the responsibility of the lot owner. If street trees die, they shall be removed and replaced by the lot owner, with the same size and species of tree indicated on the development plan, or alternate size and species acceptable to the municipality. Street trees prohibited are Acer platanoides, Norway Maple, Liriodendron tulipifera (all varieties), Tulip Poplar, Pyrus calleyana, Bradford Pear (and other cultivars), Populus species, Poplar (all species), Salix species and Willow (all species).

§ 280-10 Parking lot landscaping.

A. All parking lots with six or more spaces shall be designed and effectively landscaped with trees and shrubs to:

(1) Provide shade in order to reduce the amount of reflected heat.

(2) Reduce the visual impact of glare, headlights and parking lot lighting.

(3) Facilitate pedestrian circulation and safety.

(4) Facilitate vehicular circulation by delineating driving lanes and defining rows of parking.

(5) Provide one shade tree within the parking lot, either in islands or divider strips, for every 10 car parking spaces in the lot, or portion thereof (See Subsections B and C). These trees count toward the requirements of island and divider strip landscaping, and are not in addition to those requirements.

(6) Provide one shade tree for every five truck, recreational vehicle, or semi-trailer parking spaces in the lot, or portion thereof. The location shall be approved by the Township. To accommodate turning maneuvers of large vehicles, trees may be located outside of the parking area in groups, infiltration areas, or fence rows.

(7) Provide filtering of impervious surface runoff to one or more stormwater infiltration BMPs contained in the Pennsylvania Stormwater BMP Manual.

B. Planting islands (see diagram below) shall conform to the following standards:

(1) Planting islands shall be distributed throughout the parking lot, so that one planting island, a minimum of 10 feet wide by 18 feet long, shall be located at the each end of each parking row and at intervals of no greater than every 10 parking spaces. The island shall separate the last parking space from the drive aisle on each end of an interior parking row.

(2) In a 90° double bay parking row, the islands shall be a minimum of 10 feet wide and 36 feet long. Angled parking lot islands must have a minimum average of 10 feet in width.

(3) Each planting island shall contain at least one shade tree plus small shrubs, ground cover, and/or perennials to cover the entire area at maturity. A minimum of 100% of all trees, shrubs and perennials shall be native plants as defined in this chapter. Shrubs shall not exceed two feet in height.

(4) The placement of light standards shall be coordinated with the landscape plan to avoid a conflict with electric lines and provide adequate lighting.

C. Divider strips (see diagram below) shall conform to the following standards:

(1) Divider strips shall be placed every other bay of parking running the length of the rows of parking and landscaped with plantings of shade trees, large and/or small shrubs, and ground cover to cover the entire area at maturity. A bay of parking is the width of pavement needed to accommodate either one or two rows of parking stalls plus one access lane. The use of stormwater infiltration BMPs is strongly recommended in divider strips, where geologic conditions are appropriate, and in accordance with Chapter 415, Stormwater Management.

(2) Divider strips shall be a minimum of 10 feet wide unless a sidewalk is proposed within the divider strip. If a sidewalk is proposed within the strip, the divider strip shall be increased in width by five feet to accommodate the sidewalk.

(3) A minimum of one shade tree and three large or small shrubs shall be required for each 30 feet of divider strip. The plants need not be spaced evenly apart; however, the maximum spacing shall be 50 feet. Shrubs near the ends of divider islands shall not exceed two feet in height at maturity so as not to block visibility. This shall not preclude the use of taller shrubs elsewhere within the divider island. Plants shall be at least 100% native plants. Native ground cover, perennials or shrubs shall be installed over the remainder of the divider island to stabilize the soil and slopes.

Parking Lot Illustration

D. Parking lot perimeter landscaping shall be provided to buffer parking lots, limit glare from headlights and enhance the community streetscape character, and shall conform to the following standards:

(1) The landscape strip shall have a minimum width of 10 feet measured from the street right-of-way or property line. Parking lots set back more than 50 feet from the property line shall have the perimeter landscaping width measured from the edge of the parking lot.

(2) Within the landscape strip, the landscape buffer shall consist of a combination of trees, shrubs, ground cover or earthen berms to provide a minimum four-foot-high screen along property lines, and a minimum three-foot-high screen along streets.

(3) The plants shall immediately block 50% of the view of the parking lot and 75% of the view within three years.

E. Plantings shall be placed between car parking lots and buildings to break up long stretches of facade, shade the building, and provide a more comfortable pedestrian environment.

(1) Plantings are required for all sides of a building facing car parking areas. Plantings are not required along the sides of buildings containing service or loading areas. If part of a side of the building faces parking, only that portion is subject to these requirements. Loading areas must be appropriately screened according to the requirements of § 280-12, Screening.

(2) The minimum planting requirement shall be one shade tree or small street tree, and 10 large or small shrubs per 50 feet of building facade.

(3) At least 60% of the plantings shall be evergreen and at least 50% shall be native plants.

§ 280-11 Landscape buffers.

Buffers required by the Zoning Ordinance[1] and/or SALDO[2] shall be landscaped to provide visual screening, light and noise abatement, and safety barriers between dissimilar land uses. Buffers must include landscaping, and may include berms, walls, and fences. Buffers are adjacent to property lines.

A. General buffer requirements:

(1) Existing plants may be used to meet buffer requirements, as long as the buffer width, opacity and minimum evergreen requirements are met.

(2) Plants shall be installed so that at maturity they do not encroach on neighboring properties at less than six feet in height. Shade trees shall be installed at least 10 feet from property lines. Plants may be grouped into beds as long as each neighboring property has a substantial visual screen to the more intensive use.

(3) Plant material shall meet the requirements of § 280-8, Plant material.

(4) Buffer areas not planted with trees and shrubs shall be stabilized with perennial ground cover or Meadow. Meadow areas shall meet the requirements of § 280-13, Meadows.

(5) Buffers adjacent to agricultural zoning or uses shall provide ground cover that meets the requirements of § 280-13, Meadows.

(6) Berms are encouraged and shall conform to the following standards:

(a) Berms shall be a minimum of two feet in height, and shall not be steeper than three-foot horizontal distance to one foot vertical distance (3:1).

(b) Berms should be located to work in conjunction with vegetation, fences and/or natural features to provide an effective buffer. They shall be laid out to replicate naturally occurring landforms. Stormwater flows onto adjacent property shall not be created, increased, decreased, relocated, or otherwise altered without written consent of the adjacent property lot owner(s).

B. Types of buffer strips:

(1) Buffer planting strip A is designed to block 50% of the view at six-foot heights during the summer months through the use of trees and shrubs, at maturity. At least 25% of the plant material must be evergreen. This buffer strip is a minimum of 20 feet wide, and must contain the following plants per 100 feet of buffer length or portion thereof:

(a) Two shade trees;

(b) One evergreen tree; and

(c) Twenty large shrubs.

(2) Buffer planting strip B is designed to block 75% of the view at six-foot heights through the use of trees and shrubs, at maturity. At least 50% of the plant material must be evergreen. This buffer strip is a minimum of 25 feet wide, and must contain the following plants per 100 feet of buffer length or portion thereof:

(a) Three shade trees;

(b) Five evergreen trees; and

(c) Twenty-five large shrubs.

(3) Buffer planting strip C is designed to block 100% of the view at six-foot heights through the use of shrubs and trees or other structural elements, within five years. At least 50% of the plant material must be evergreen. The use of higher berms or a fence or wall is recommended. The buffer strip is a minimum of 40 feet wide, and must contain the following plants per 100 feet of buffer length or portion thereof:

(a) Three shade trees;

(b) Three small street trees;

(c) Eight evergreen trees; and

(d) Thirty large shrubs.

(4) Buffer planting strip D is designed to block 100% of the view at six-foot heights through the use of a six-foot-high fence or wall and dense planting of trees and shrubs in a twenty-foot-wide buffer strip. At least 50% of the plant material must be evergreen. The plants shall be located to produce the greatest reduction of light, noise and views. The buffer must contain the following plants per 100 feet of buffer length or portion thereof:

(a) Two shade trees;

(b) Eight evergreen trees; and

(c) Twenty-four large shrubs.

C. Buffers required between zoning districts and dissimilar uses: Buffers strips shall be planted or placed along zoning district boundaries or property lines, based on the following matrix which references the four types of buffers listed above.

Type of Buffer Strip Required Between Zoning Districts and Uses
Proposed Use or Zoning	Adjacent Zoning or Existing Use
	RA	R	MU-1	MU-2	C/I	I	KCI	Q
Rural Agricultural (RA)	—	—	—	—	—	—	—	—
Residential (R)	A	—	—	—	—	—	—	—
Mixed-Use 1 (MU-1)	A	A	—	—	—	—	—	—
Mixed-Use 2 (MU-2)	B	B	B	—	—	—	—	—
Commercial/ Industrial (C/I)	C	C	C	B	—	—	—	—
Interchange (I)	C	C	C	B	—	—	—	—
Kreutz Creek Interchange (KCI)	C	C	C	B	—	—	—	—
Quarry (Q)	D	D	D	D	B	B	B	—

- Buffer strip not required.

[1] Editor's Note: See Ch. 490, Zoning.

[2] Editor's Note: See Ch. 430, Subdivision and Land Development.

§ 280-12 Screening.

Screening is required for outdoor storage, off-street loading, trash collection areas, and outdoor mechanical and fuel equipment. Screening shall provide reduction of views, light and noise.

A. Screening may include evergreen landscape plantings, berms, walls, and fences.

B. Existing plants may be used for the screening, as long as the height, opacity and evergreen requirements are met.

C. Screens shall provide a 100% visual barrier to the element at a height of four feet at the time of installation. Screens shall provide a 100% visual barrier to the element at a height of six feet within two years. Landscape plants shall be placed in multiple staggered rows.

§ 280-13 Meadows.

Meadows may be used in place of ground cover (see § 280-8, Plant material) or turf in any area required to be landscaped, according to the following:

A. All plants installed in a meadow shall be native plants. No plants on the DCNR "Invasive Species List," including Watch List species, or the PA Department of Agriculture "Noxious Weeds List," shall be allowed to grow in the meadow.

B. Meadows shall consist of a minimum of three grass species and four flowering perennial species. Meadows may be installed using seed or plants.

C. A meadow planting shall have a minimum four-foot-wide mown turf border along any road or property line. A minimum four-foot-high visual barrier may be used in place of the turf border between the meadow and a property line.

D. The mature height of a meadow must meet all requirements for plant material in a clear sight triangle.

E. Meadows may not be mown more than twice per year; once in March or April to cut stems that were left standing through the winter, and once more if needed to control invasive species.

§ 280-14 Guarantee and maintenance.

The estimated, or if known, the actual cost of all landscape materials depicted on the approved landscape plan and installation costs shall be provided and be financially secured, guaranteed and maintained consistent with the following subsections. For the purposes of Section 014[1] only, the term "landscape plan" shall also apply to the required landscape vegetation and elements depicted on a subdivision plan.

A. All landscape improvements to be provided shall be installed and maintained by accepted practices as recognized by the ANLA. Planting and maintenance of vegetation shall include, as appropriate, but not necessarily limited to, provisions for surface mulch, staking and guying, tree straightening, irrigation, fertilization, insect and disease control, pruning, mulching, weeding, and watering.

B. The applicant shall make arrangements acceptable to the Township that all landscape improvements installed in accordance with this chapter shall be guaranteed and maintained in a healthy and/or sound condition, or otherwise be replaced by equivalent improvements, for a period of 18 months following their installation, except as may otherwise be required by this section.

C. After installation and prior to commencement of the guarantee period required above, the Township shall perform an inspection of the finished site for compliance with the approved landscape plan. Following this inspection, an as-built landscape plan shall be furnished to the Township by the applicant. Provided the finished site is found to be in compliance, the first eighteen-month guarantee period shall commence five days from the date of inspection. All plants shall be in a vigorous and thriving condition at the end of the eighteen-month period as determined above. Final inspection of the site following the eighteen-month period will be made by the Township. It is recommended that trees and shrubs be planted between September 15 and November 1 or between March 1 and May 1.

D. Plants found to be in poor health during the eighteen-month guarantee period shall be replaced with nursery-grown plants, in accordance with the approved landscape plan, within 30 days of being notified by the Township. If notification is made out of season, replacements shall be made during the next planting season. If the original plants declined due to poor species selection, substitute plants, determined by the Township to be more suitable for the site's environmental conditions or planting scheme, shall be used, and a modified landscape plan shall be filed with the Township. Replacement plants shall be inspected by the Township after installation. All replacement plants shall be subject to a new eighteen-month guarantee period and inspections by the Township as prescribed in Subsections B and C above.

E. Where accidental damage or vandalism of plants occurs, the applicant shall replace the damaged plant material in accordance with the original or an approved modified landscape plan.

F. The applicant shall be required to post financial security for the maintenance and/or replacement of the proposed vegetation, including compensatory plantings, during the eighteen-month guarantee period. The amount of the financial security shall be equal to 110% of the amount of the cost estimate submitted with the approved landscape plan. In addition, financial security shall be required for existing trees to remain where soil disturbance is within the dripline, if the trees are counted toward any requirement of the Sustainable Landscaping Ordinance. Financial security is not required for existing preserved trees outside the construction limits or for material not being used to satisfy the minimum requirements of this chapter.

G. The applicant shall make arrangements acceptable to the Township for the long-term landscape maintenance of common lands and facilities. The applicant shall provide the names, addresses and telephone numbers of those persons or organizations who will be assuming such responsibilities. Landscape improvements required by this chapter shall be the subject of suitable restrictive covenants and, if practicable, rules and regulations governing the use and maintenance of common land and facilities, which covenants, rules and regulations shall be in form and substance acceptable to the Township Solicitor and, in the case of covenants, recorded as encumbrances running with the land on which the improvements are installed. The covenants, rules and regulations shall, without limiting the forgoing, require the maintenance and replacement, and prohibit the destruction or removal, of all landscape materials and improvements depicted on the approved landscape plan, empower the Township to enforce said obligations, and prohibit the amendment or termination of any of the mandatory terms thereof without the express joiner of the Township.

[1] Editor's Note: So in original.

§ 280-15 Right of entry.

Upon presentation of proper credentials, the Township may enter at reasonable times upon any property within the municipality to inspect the condition of the landscape in regard to any aspect regulated by this chapter.

§ 280-16 Enforcement.

A. It shall be unlawful for a person to undertake any regulated activity, except as provided in an approved landscape plan.

B. It shall be unlawful to violate any section of this chapter.

C. Inspections regarding compliance with the landscape plan and guarantee are a responsibility of the Township.

§ 280-17 Suspension and revocation.

A. Any approval issued by the Township pursuant to this chapter may be suspended or revoked for:

(1) Noncompliance with or failure to implement any provision of the approved landscape plan or O&M agreement.

(2) A violation of any provision of this chapter or any other applicable law, ordinance, rule, or regulation relating to the regulated activity.

(3) The creation of any condition or the commission of any act during the regulated activity which constitutes or creates a hazard, nuisance, pollution, or endangers the life or property of others.

B. A suspended approval shall be reinstated by the Township when:

(1) The Township has inspected and approved the corrections to the violations that caused the suspension.

(2) The Township is satisfied that the violation has been corrected.

C. An approval that has been revoked by the Township cannot be reinstated. The applicant may apply for a new approval under the provisions of this chapter.

D. If a violation causes no immediate danger to life, public health, or property, at its sole discretion, the Township may provide a limited time period for the lot owner to correct the violation. In these cases, the Township will provide the lot owner, or the lot owner's designee, with a written notice of the violation and the time period allowed for the lot owner to correct the violation. If the lot owner does not correct the violation within the allowed time period, the Township may revoke or suspend any, or all, applicable approvals pertaining to any provision of this chapter.

§ 280-18 Penalties.

A. Any person, partnership or corporation who or which has violated the provisions of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than $1,000. No judgement shall commence or be imposed, levied or payable until the date of the determination of a violation by the district justice. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the district justice determining that there has been a violation further determines that there has been a good faith basis for the person, partnership or corporation violating this chapter to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation. The court of common pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem judgment pending a final adjudication of the violation and judgment.

B. The Township may institute injunctive, mandamus, or any other appropriate action or proceeding at law or in equity for the enforcement of this chapter. Any court of competent jurisdiction shall have the right to issue restraining orders, temporary or permanent injunctions, mandamus or other appropriate forms of remedy or relief.

§ 280-19 Appeals.

A. Any person aggrieved by any action of the Township or its designee, relevant to the provisions of this chapter, may appeal to the Township within 30 days of that action.

B. Any person aggrieved by any decision of the Township, relevant to the provisions of this chapter, may appeal to the York County Court of Common Pleas within 30 days of the Township's decision.