[Added 9-5-2012 by Ord. No. 2012-02]
The standards of this overlay district have been established to protect the public health, safety, and welfare by minimizing adverse environmental impacts. These standards are intended to meet the following purposes:
A. 
Define and delineate selected natural resources within the Township and establish resource protection standards to mitigate potential conflicts associated with land use activity.
B. 
Protect and conserve the natural resources that are an integral component of the Township's character in accordance with the following specific objectives of the Schuylkill Township Open Space, Recreation, and Environmental Resources Plan (1992):
(1) 
Preserve streams, wetlands, floodplains, and other hydrological resources.
(2) 
Preserve areas of steep slopes.
(3) 
Preserve the quality of groundwater and aquifer recharge areas.
(4) 
Preserve woodlands and wildlife corridors along streams.
(5) 
Preserve the scenic resources of the Township.
C. 
Protect and conserve the natural resources identified in § 370-223A(2) that are an integral component of the Township's character in accordance with the Schuylkill Township Comprehensive Plan, the Schuylkill Township Comprehensive Plan Addendum 2005, and the Phoenixville Area Regional Comprehensive Plan.
A. 
General provisions and applicability.
(1) 
The provisions of this article shall overlay and supplement the provisions of all underlying zoning districts. In the event of a conflict between the provisions in this article and provisions elsewhere in this chapter, the more restrictive provisions shall apply.
(2) 
Natural resources to be protected by this article (as further defined below and with protections summarized in Table 370-224 are as follows:
(a) 
Floodplains.
(b) 
Steep slopes.
(c) 
Watercourses and riparian buffers.
(d) 
Outstanding resource waters and buffers.
(e) 
Wetlands and wetland buffers.
(3) 
Information provided by the applicant shall be reviewed by the Township Engineer for conformance with Schuylkill Township ordinances and building permit requirements.
(4) 
Disturbance of a natural resource shall be limited as described herein.
(5) 
Temporary disturbance to protected natural resources related to the installation or maintenance of utility lines or the routine maintenance of transportation infrastructure (including driveways) shall be allowed; provided, however, that:
(a) 
The disturbed area and the duration of exposure shall be kept to a practical minimum and any disturbed soil shall be stabilized as quickly as practical;
(b) 
Proper stormwater management and erosion controls shall be implemented;
(c) 
The proposed activity shall not substantially alter the character of the protected natural resource; and
(d) 
There shall be no new impervious surface or change in elevation.
(6) 
Except for § 370-223A(5) above, any regrading, filling, piping, diverting, building upon or otherwise altering or disturbing a natural resource protected by this article requires Township approval as described herein.
(7) 
Submission, review and approval of the following applications shall be contingent upon compliance with the requirements of this article:
(a) 
Applications for zoning approval or building permits;
(b) 
Applications for subdivision or land development approval.
(8) 
In the event that two or more natural resource areas overlap, the resource with the most restrictive standard (e.g., the least amount of alteration, regrading, clearing, or building) shall apply to the area of overlap.
B. 
Floodplains.
(1) 
Purpose. The purpose of this subsection is to provide protection to floodplains in order to prevent the loss of property and life, the creation of health and safety hazards, and the disruption of commerce and governmental services as a result of floodwaters.
(2) 
Delineation. The applicant shall delineate all floodplains located on the site in accordance with Article XI (Flood Hazard and Wetlands District).
(3) 
Resource protection standards. Areas identified as being within floodplains shall not be regraded, filled, built upon, or otherwise altered or disturbed except in conformance with Article XI.
C. 
Steep slopes.
(1) 
Purpose. The purpose of this subsection is to ensure preservation of the natural character of the landscape as it relates to steep slopes.
(2) 
Prohibited features. There shall be no erection of buildings or streets on steep slopes.
(3) 
Resource protection standards. The disturbance of steep slope areas shall not exceed the following allowances on a per-parcel basis:
(a) 
Intermediate steep slopes. No more than 20% of intermediate steep slopes shall be regraded, cleared, built upon, or otherwise altered or disturbed. The maximum impervious surface coverage of such areas shall be the lesser of 1,000 square feet or 5% of intermediate steep slopes.
(b) 
Elevated steep slopes. No more than 10% of elevated steep slopes shall be regraded, cleared, built upon, or otherwise altered or disturbed. The maximum impervious surface coverage of such area shall be the lesser of 500 square feet or 2% of elevated steep slopes.
(c) 
Disturbance shall entail the least alteration necessary to the existing grade and natural soil conditions.
(d) 
Finished slopes of all permitted cut and fill within steep slopes shall not exceed 3:1 horizontal-to-vertical slopes, except where a retaining wall is provided.
(e) 
Any disturbance of land shall be in conformance with the erosion and sedimentation control standards of the Pennsylvania Department of Environmental Protection (PADEP), the Chester County Conservation District (CCCD), and Schuylkill Township.
(f) 
Upon completion or temporary cessation of any earth disturbance activity, the disturbed area(s) shall be immediately stabilized with the appropriate temporary or permanent stabilization.
D. 
Watercourses and riparian buffers.
(1) 
Purpose. The purpose of this subsection is to provide protection to watercourses and to their riparian buffers. Maintenance of a riparian buffer provides the following benefits:
(a) 
Reduces the amount of nutrients, sediment, pesticides, and other harmful substances that reach a watercourse, thereby preserving and improving water quality.
(b) 
Provides for shading of the aquatic environment to moderate temperatures and protect fish habitat.
(c) 
Provides organic matter which provides food and habitat for bottom dwelling organisms essential to the food chain.
(d) 
Increases streambank stability and reduces streambank erosion and sediment production.
(e) 
Conserves important natural features (e.g., headwater areas, groundwater recharge zones, streams, and prime wildlife habitat).
(f) 
Conserves natural, scenic, and recreation areas and promotes the functioning of greenways.
Figure 370-1 - Riparian Buffer
370 Fig 27-1 Riparian Buffer.tif
(2) 
Delineation. Applications per § 370-223A(7) shall identify watercourses and riparian buffers which are on the site in accordance with this article.
(3) 
Resource protection standards.
(a) 
Watercourses shall not be regraded, filled, piped, diverted, built upon, or otherwise altered or disturbed, except where approval per § 370-223A(7) is obtained from Schuylkill Township and, if required, from the US Army Corps of Engineers, the Pennsylvania Department of Environmental Protection (PADEP), or the Chester County Conservation District (CCCD).
(b) 
Inner riparian buffer. No woodland disturbance or other earth disturbance shall be permitted within the inner riparian buffer, shown as Zone 1 in Figure 370-1, except for the following activities:
[1] 
Activities permitted by Article XI (Flood Hazard and Wetlands District);
[2] 
Unpaved trails and trail access;
[3] 
Selective removal of a safety hazard or invasive plant species;
[4] 
A soil or stream conservation project, including reforestation and streambank stabilization, as approved by the PADEP and/or the CCCD.
(c) 
Outer riparian buffer. Except as permitted by Article XI, no more than 10% of an outer riparian buffer, shown as Zone 2 in Figure 370-1, shall be regraded or otherwise disturbed. Those activities permitted in the inner riparian buffer shall be permitted in the outer riparian buffer and shall not be counted towards the 10% disturbance allowance.
(d) 
During construction, the boundaries of riparian buffers shall be clearly identified on the site and protected by orange construction fencing, and those slated for ongoing preservation shall be protected from disturbance by flags or other proper barrier and signage.
E. 
Outstanding resource waters and buffers.
(1) 
Purpose. The purpose of this subsection is to provide a higher level of protection to those water resources that are unique, especially sensitive ecologically, or of the highest quality.
(2) 
Delineation. Applications per § 370-223A(7) shall identify outstanding resource waters and outstanding resource water buffers which are on the site in accordance with this article.
(3) 
Resource protection standards.
(a) 
Outstanding resource waters shall not be regraded, filled, piped, diverted, built upon, or otherwise altered or disturbed, except where approval per § 370-223A(7) is obtained from Schuylkill Township and, if required, from the US Army Corps of Engineers, the Pennsylvania Department of Environmental Protection (PADEP), or the Chester County Conservation District (CCCD).
(b) 
Outstanding resource water inner buffer. No woodland disturbance or other earth disturbance shall be permitted within this Zone 1 buffer, except for the following activities:
[1] 
Activities permitted by Article XI (Flood Hazard and Wetlands District);
[2] 
Unpaved trails and trail access;
[3] 
Selective removal of a safety hazard or invasive plant species;
[4] 
A soil or stream conservation project, including reforestation and streambank stabilization, as approved by the PADEP and/or the CCCD.
(c) 
Outstanding resource water middle and outer buffers. Except as permitted by Article XI, no more than 10% of a middle (Zone 2) or outer (Zone 3) outstanding resource water buffer shall be regraded or otherwise disturbed. Those activities permitted in the outstanding resource water inner buffer shall also be permitted in the middle and outer outstanding resource water buffer, and shall not be counted towards the 10% disturbance allowance in Zones 2 and 3.
(d) 
During construction, the boundaries of outstanding resource water buffers shall be clearly identified on the site and protected by orange construction fencing, and those slated for ongoing preservation shall be protected from disturbance by flags or other proper barrier and signage.
F. 
Wetlands and wetland buffers.
(1) 
Purpose. The purpose of this subsection is to provide protection to wetlands which provide many important biological and hydrological functions. Wetland functions include filtering sediment and pollution from runoff, slowing and storing floodwaters, recharging groundwater and surface waters, maintenance of surface water and groundwater quality and quantity, recycling nutrients, providing habitat for wildlife, streambank protection, and preserving biodiversity.
(2) 
Delineation.
(a) 
Until determined more precisely by field investigation, wetlands will be presumed to exist on any property where a water feature exists, or where a National Wetland Inventory (NWI) Map identifies a wetland or water feature, or where any soil map unit, as mapped in Schuylkill Township by the Natural Resources Conservation Service (NRCS), is a hydric soil listed in the definition in this article. The limits of all wetlands, lakes, and ponds on a site shall be delineated and flagged by a qualified professional. Such professional shall certify that the methods used to delineate the wetlands correctly reflect currently accepted technical criteria and the three-parameter methodology (vegetation, soils, and hydrology) prescribed by the United States Army Corps of Engineers and the Pennsylvania Department of Environmental Protection.
[Amended 6-7-2017 by Ord. No. 2017-04]
(b) 
All wetlands boundaries shall be clearly identified on the site and protected from disturbance during construction activity by flags or other proper barrier and signage.
(3) 
Resource protection standards.
(a) 
Wetlands shall not be regraded, filled, drained, piped, diverted, built upon, or otherwise altered or disturbed except where state and federal permits have been obtained.
(b) 
Anyone proposing a use, activity, or improvement which would entail the disturbance of wetlands shall provide the Township with proof that the Pennsylvania Department of Environmental Protection and the US Army Corps of Engineers have been contacted to determine the applicability of state and federal wetland regulations.
(c) 
For the purposes of this article, a wetland buffer shall apply to lakes and ponds.
(d) 
No more than 10% of a wetland buffer shall be graded, regraded, or otherwise altered or disturbed.
A. 
Plan information and delineation of natural resources. To ensure compliance with the natural resource protection standards of this article, the following information shall be provided for any application per § 370-223A(7) when earth disturbance is proposed:
(1) 
A site plan which identifies the limits of each of the natural resources on the site and the proposed use of the site, including any existing or proposed structures.
(2) 
All encroachments and disturbances necessary to establish the proposed use on the site, including a grading plan showing existing and proposed contours.
(3) 
Calculations indicating the area of the site with natural resources and the area of natural resources that would be disturbed or encroached upon. The calculation shall be shown on the plan as indicated in Table 370-224.
(4) 
In those cases where only a limited amount of the site or tract will be subject to disturbance (i.e., 1,000 square feet or less), all natural resources within the area of disturbance, plus areas within 150 feet of the area of disturbance, shall be shown on the plan.
B. 
Continued protection of identified natural resources. To ensure the continued protection of identified natural resources, the following requirements shall apply:
(1) 
Protected natural resources on proposed individual lots within subdivision and land development applications. Natural resources protection areas on individual lots within proposed subdivisions and land developments shall be clearly identified by metes and bounds on the record plan.
(2) 
Conservation easements or deed restrictions shall be provided to ensure the continued protection of identified resources, which shall be approved by the Township and recorded by the applicant.
C. 
Changes to approved plans. All applicable plans shall include the following wording: "Any structures, infrastructure, utilities, sewage disposal systems, or other proposed earth disturbance indicated on the approved plan shall only occur at the locations shown on the plan. Changes to such locations shall be subject to review by the Township Engineer for conformance with all applicable Schuylkill Township ordinances."
Table 370-224
Site Disturbance Calculations
Protected Natural Resources
A
Amount of Land in Protected Natural Resource*
(square feet)
B
Maximum Disturbance Allowance**
(percent)
C
Maximum Amount of Disturbance Allowed
(square feet)
(A x B)
D
Proposed Disturbance
(square feet)***
Floodplain
As per Article XI
Outstanding Resource Water Buffer
Zone 1 Buffer
0%
Zone 2 Buffer
10%
Zone 3 Buffer
10%
Riparian Buffer
Zone 1 Buffer
0%
Zone 2 Buffer
10%
Wetlands
0%
Wetland Buffer
10%
Steep Slopes
Elevated slopes
10%
Intermediate slopes
20%
NOTES:
*
Where resources overlap, the overlapping area should be included under the more restrictive resource category (i.e., where steep slopes overlap with wetlands, include the area of overlap in the wetlands category).
**
Disturbance allowances may be modified where federal or state permits have been obtained by the applicant and provided to the Township.
***
The figures in Column D must be less than or equal to the figures in Column C.
[Added 12-2-2020 by Ord. No. 2020-05[1]]
A. 
Disturbance of woodlands and hedgerows.
(1) 
No more than 25% of a woodlands area on a lot shall be disturbed from the date of this section[2] cumulatively. Where woodlands and hedgerows overlap other protected resources, the more restrictive standard shall apply. Woodlands and hedgerows shall be considered a single resource in the calculation of the permitted degree of disturbance. Invasive trees, shrubs and vines can be netted out of the 25% if the property owner can establish that they qualify as invasive species and the percentage covered. Woodland disturbance includes the following:
(a) 
Any activity that alters the existing structure of a woodland or hedgerow. Alterations include the cutting or removal of canopy trees, subcanopy trees, understory shrub and herbaceous species; and
(b) 
Any activity that constitutes a land disturbance (exposes soil, alters topographical contours, and any other natural environmental features) within a woodland or hedgerow.
[2]
Editor's Note: "This section" refers to Ord. No. 2020-05, adopted 12-2-2020.
(2) 
Unless specifically exempted by this section, no tree shall be cut down or otherwise removed from any land within the Township unless a tree removal permit has been secured in accordance with the provisions of § 370-225E(1), Tree removal permits.
(3) 
Where a land development plan is otherwise required, permitted woodland disturbance shall be based on plan measurements of the extent of tree canopy removal and not on measurement of trunk diameters of trees before and after clearing. Name of species, caliper size, and number of trees to be cleared shall be clearly depicted on the plan including acres of area to be cleared.
(4) 
Woodland disturbance does not include management by means of the selective cutting or removal of invasive alien trees, shrubs or herbaceous species as identified by the Pennsylvania Department of Conservation and Natural Resources (PADCNR) or other authority recognized by the Township.
(5) 
All woodlands to be cleared shall be supplemented with additional landscaping as may be determined as necessary by the Township Zoning Officer if a nonresidential zone abuts a residential zone in order to provide for a dense buffer.
B. 
Protection of specimen trees. Specimen trees, as defined herein, shall not be removed from any lot or tract, including from woodland areas, except where the applicant demonstrates to the satisfaction of the Township that such removal is essential to eliminate a hazardous condition(s) or there is a demonstrable financial hardship if the tree is not removed, or where the applicant agrees to replant per the chart in § 370-225D(2) per specimen tree removed on the same lot or tract in which the specimen tree is being removed or designated location within the Township as approved by the Township and agrees to pay for a post-installation inspection by the Township. Where permitted, removal of specimen trees shall be minimized.
C. 
Guidelines for permitted woodland disturbance for new development. In determining where permitted woodland disturbance will occur, the following factors shall be considered:
(1) 
The applicant shall identify the location(s) and discuss the benefits of existing woodland stands on the property, including their importance as wildlife habitat.
(2) 
Each building or structure shall be constructed in such a manner as to provide the least alteration necessary of the existing woodland. Where possible, the amount of clear-cutting shall be minimized, and trees shall be selectively removed.
(3) 
Trees which are retained shall be identified and designated within the tree protection zone and protected in accordance with the provisions of § 320-40.
(4) 
A mitigation plan must be submitted and reviewed protecting woodland disturbance that would threaten the growth of remaining trees.
(5) 
Woodlands and other natural vegetation that remain undisturbed shall interconnect with woodlands or wooded areas of adjacent properties, where they exist, to preserve continuous woodland corridors and allow for the normal movement, dispersion, and migration of wildlife. The applicant shall account for the impacts, in terms of functions and values to wildlife, of separating, dividing, or encroaching on wildlife travel corridors or extensive habitat areas, for woodlands exceeding 10 acres in area.
D. 
Tree replacement.
(1) 
Applicability.
(a) 
Tree replacement shall be required:
[1] 
If a specimen tree, which is permitted to be removed pursuant to the removal requirements, is removed, then replacement shall be in accordance with Table 370-225 below.
[2] 
If three or more trees of eight-inch DBH or greater are to be removed from a lot one acre in size in a two-year period beginning with the first tree taken down, then replacement shall be in accordance with the table below. For lots larger than one acre in size, a ratio multiplier shall be used so that a two-acre lot shall allow six trees to be removed.
[3] 
If woodland disturbance exceeds 15,000 square feet on a lot or tract.
[4] 
If woodland disturbance is in excess of 25% of existing woodland on any single lot.
(b) 
In determining the extent of the woodland disturbance, said disturbance shall include the entire area within the dripline of any tree comprising a wooded area where any portion of the dripline of such tree is subject to disturbance.
(c) 
Tree replacement shall not be required for invasive species as identified by the Pennsylvania Department of Conservation and Natural Resources (PADCNR) or other authority recognized by the Township.
(d) 
Where a tree designated for preservation is severely damaged by construction (or is clearly not going to survive) as identified by an authority recognized by the Township within two years of the end date of construction, tree replacement shall occur as provided for herein. Development escrows may be used for this purpose.
(2) 
Tree replacement standards.
(a) 
When required, the replacement of trees shall occur on the same lot or tract where disturbance occurs or designated location within the Township as approved by the Township, except as may otherwise be permitted in § 370-225E(2)(d), and shall occur as prescribed in the following table.
Table 370-225
Tree Replacement
DBH of Tree Removed
(inches)
Number of Replacement Trees Per Tree Removed
(Minimum Two-Inch Caliper)
8 to less than 12
3
12 to less than 18
5
18 to less than 24
10
24 and above
Replace with equivalent number of 2-inch caliper trees equal to the DBH of the tree removed
(b) 
Replacement trees shall be of nursery grade quality, balled and burlapped.
(c) 
Where a quantity of replacement trees is required but are not suitable for the particular site prescribed due to the size of the site or other limitations, the following alternative may be undertaken, as approved by the Township:
[1] 
The required replacement trees may be used for planting on public lands as close to the tract as possible, provided the location on the public lands is approved in advance by the Township.
(d) 
The type of replacement trees shall be the same species as removed from the site or another species acceptable to the Township Zoning Officer unless the tree removed was an invasive or nonnative plant species. The choice of replacement trees shall be approved by the Township Zoning Officer.
(e) 
Specimen trees retained shall be credited toward the tree replacement requirement at a ratio of three trees credited for each one specimen tree retained. Specimen trees retained are to be within the tree protection zone. When a specimen tree to be retained is severely damaged by construction (or is clearly not going to survive) within two years of the end date of construction, tree replacement shall be provided for all damaged trees. Trees credited for a specimen tree that was damaged will be provided and the Township Zoning Officer will designate the location of replacement trees.
(f) 
Replacement trees shall have been grown within the same USDA hardiness zone as the lot or tract and shall be nursery grown, except those deemed by the Township Zoning Officer to be acceptable for transplanting from other disturbed portions of the lot or tract.
(g) 
Species of replacement plantings shall reflect careful site evaluation, including:
[1] 
Existing and proposed site conditions and their suitability for the tree species, based on geology, hydrology, soil, and microclimate.
[2] 
Specific functional and design objectives, including replacement of the woodlands being removed, enhancement of existing woodlands, reforestation of riparian buffers, landscape buffering, visual screening, noise abatement, energy conservation, wildlife habitats, and maximizing aesthetic values.
[3] 
Maintenance considerations, such as hardiness, resistance to insects and disease, longevity, and availability.
[4] 
Because of the many benefits of native species (ease of maintenance, longevity, wildlife habitat, etc.), the use of nursery grown, free-fruiting native trees is strongly encouraged. Selection should reflect species diversity characteristic of the native deciduous landscape of Chester County.
(h) 
The planting of replacement trees shall be done by or supervised by a person with horticultural training in tree care and planting methods as recognized by the Township Zoning Officer.
(i) 
Newly planted replacement trees shall be monitored by the property owner for a period of two years to ensure the health of the trees. If a replacement tree(s) dies or is dying within the one-year period, the applicant or property owner shall replace the said tree(s) at no cost to the Township within a timely manner not to exceed three calendar months.
E. 
Tree removal permits.
(1) 
Applicability.
(a) 
Except for the exemptions set forth in § 370-225E(2), no trees shall be cut or otherwise removed from any lands in the Township without a tree removal permit.
(b) 
All applications for approval of a subdivision or land development, building permit, special exception, conditional use, or zoning variance requiring tree removal shall include an application for a tree removal permit. Any lot owner wishing to remove trees in connection with any application shall comply with the appropriate subsections of this section.
(c) 
Applications for tree removal permits shall be submitted to the Zoning Officer for review and approval. The review process will not exceed 15 calendar days. No work is to commence without an approved permit.
(d) 
No tree planted or preserved as part of any landscape plan or in accordance with any street tree requirement approved in conjunction with a subdivision or land development plan shall be removed, except for such trees directed to be removed pursuant to other sections of this article.
(e) 
An owner may remove trees which are dead or dying (except within an inner riparian buffer), diseased trees, trees which have suffered damage, or any tree whose angle of growth makes it a hazard to structures, roads, or human life. However, a permit must be submitted to the Township containing evidence of the grounds for meeting this exception prior to removal of the trees. The permit will not include any fee.
(f) 
Removal of trees which cause risk to public safety and welfare or are at risk of causing structural damage to buildings or foundations or septic systems. However, a permit must be submitted to the Township containing evidence of the grounds for meeting this exception prior to removal of the trees. The permit will not include any fee.
(g) 
The Township's fee for filing a tree removal permit shall be established by resolution.
(2) 
Exemptions. The following shall be exempt from requirements for a tree removal permit:
(a) 
Trees expressly grown for or by commercial nurseries, fruit orchards, and Christmas tree farms.
(b) 
Trees removed in conjunction with farmland greater than five acres in size that will be actively devoted primarily to agricultural uses, except that where the owner desires to remove any trees for the purpose of expanding farmlands, an inventory of trees to be removed, identified by size and species, shall be prepared and filed with the Township Zoning Officer prior to any tree removal. In the event the expanded farmlands are not actively devoted primarily to farming activities for a period of seven years following tree removal, the tree replacement provisions of § 370-225D(2) shall apply.
(c) 
Trees removed as part of industrial or commercial tree harvesting for timber removal where the value of the timber exceeds $2,000.
(d) 
Trees removed from existing residential lots that are less than eight inches DBH.
(e) 
Trees removed from existing residential lots (up to one acre or multiple thereof) where removal is no more than three nonspecimen trees of greater than or equal to eight inches DBH in any two-year period per acre.
(f) 
Any tree which is located within a cemetery.
(g) 
Trees directed to be removed by municipal, county, state, or federal authority pursuant to law.
(h) 
Pruning or removal of trees within the right-of-way by utility companies for maintenance of utility wires or pipelines and the pruning of trees within sight easements.
(i) 
Trees that have already fallen due to natural causes, such as disease or extreme weather.
(3) 
Tree removal permit requirements. The application for a tree removal permit shall include the following information:
(a) 
Name and address of the owner of the lot or tract and legal status (individual, partnership, corporation, etc.).
(b) 
Description of the lot or tract where removal is to take place, including lot and block numbers and street address as assigned.
(c) 
A plant schedule of all trees to be removed with a DBH equal to or greater than eight inches identified by size and species, including total number of each species to be removed.
(d) 
Purpose for tree removal (new construction, street or roadway, driveway, utility easement, recreation areas, parking lot, etc.).
(e) 
Sufficient information to allow a determination that the proposed tree removal is consistent with the woodland removal limitations and standards of this section and any other applicable ordinance requirements.
(f) 
Such other information as may be deemed necessary by the Zoning Officer to effectively process and evaluate such permit application.
(g) 
Fees shall initially be established by the Board of Supervisors but may be reviewed at the discretion of the Board of Supervisors. The determination as to the appropriate fees may include consideration of the DBH of the trees.
(h) 
Proof that the replanting requirements set forth above will be followed as set forth herein.
(4) 
Tree removal permit time limits.
(a) 
Where the tree removal permit application is submitted as part of an application for a subdivision or land development, the time for approval shall be governed by the timing requirements applicable to subdivision and land developments.
(b) 
Where the application is made in connection with a lot that is not part of a subdivision or land development, the Township shall act on the application within 15 days of its receipt or within such additional time as is consented to by the applicant. Failure to act on the application within 15 days, or any agreed to extension thereof, shall be deemed to be an approval of the application.
(c) 
Approval by default with regard to subdivision or land development plans shall not be deemed a waiver of the tree removal permit.
(5) 
Duration of tree removal permit. Permits granted for the removal of trees under the terms and conditions of this article shall run with the land and shall remain in force and effect for the following periods of time, and not thereafter. Once the permit has expired, a new application must be submitted for review and a new permit issued. Time limits shall be as follows:
(a) 
If granted for a lot or tract for which no building permit is required, one year from the date of issuance.
(b) 
If granted for a lot or parcel of land for which a building permit is required, but for which no subdivision or land development approval is required, until expiration of the building permit granted with such tree removal permit.
(c) 
If granted for a lot or tract of land for which land development approval is required by the Township as a condition precedent to obtaining a building permit, until expiration of the land development approval or expiration of the building permit issued after such site plan approval.
(d) 
If granted for a lot or tract of land for which minor subdivision is sought, one year from the date of granting of approval for such minor subdivision.
(e) 
If granted for a lot or tract of land for which approval of a major subdivision is sought, until expiration of such approval.
(6) 
Inspections and enforcement related to tree removal permits.
(a) 
Prior to taking final action upon any application for a tree removal permit, an inspection of the site shall be made by the Township Zoning Officer or his/her designee.
(b) 
Prior to any tree removal, all trees shall be marked and areas to be cleared identified, all of which shall be inspected by the Township.
(c) 
The Township shall periodically inspect the lot or tract to verify compliance with this article. Such inspection shall be made of the lot or tract referred to in the permit application and of contiguous and adjoining lands, as well as of lands in the vicinity of the application, for the purpose of determining drainage and physical conditions thereon.
(7) 
Violations and enforcement remedies shall be as established in Article XXVII of this chapter. In addition, where regulated trees are removed without a tree removal permit, the affected areas shall be replanted in accordance with replacement requirements of § 370-225D(2).
F. 
Delineation. The applicant shall delineate woodlands and hedgerows which are on the site, in accordance with this section and which shall be approved by the Township Landscape Architect or the Township Engineer. In addition, where trees or woodlands on the site are to be preserved, they shall be clearly delineated on the plan as a "tree protection zone."
G. 
Subdivision and land development plan procedures.
(1) 
All subdivision and land development plans submitted to the Township for review shall contain a mapped inventory of existing vegetation on the entire site. Vegetation shall constitute masses of canopy, specimen, and understory trees, as well as shrub masses and hedgerows. The edge of vegetated areas shall be shown as it exists prior to any site disturbance and shall include the location of all trees over eight inches DBH.
(2) 
In its review of a subdivision or land development plan, the Township may require alteration to the proposed development in order to protect the maximum number of existing trees. This may be done by a review of the layout proposed, the use of multiple stories to minimize the building area, and/or the modification of drives and parking.
(3) 
All final approved subdivision and land development plans shall delineate vegetative areas to be retained and contain instructions for protection in accordance with this section.
[1]
Editor's Note: This ordinance also repealed former § 370-225, Definitions, as amended, and moved all definitions formerly contained in this section to § 370-7, Definitions.