All uses and activities established after the effective date of this chapter shall comply with these standards.
A.
The applicant shall determine the presence of environmental or natural features on the site and shall meet the following standards of environmental protection. Site alterations, regrading, filling, soil disturbance or clearing of vegetation or trees prior to submission of the plans for development shall be a violation of this chapter.
[Amended 6-8-2005 by Ord. No. 2005-05; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The following sources shall be utilized for site capacity calculation purposes. All calculations are subject to review by Borough Council, the Borough Engineer or others retained by the Borough to assist them in the approval process. Plans shall not be approved prior to the certification of a complete and correct calculation form.
B.
C.
Lakes or ponds. As determined by on-site survey and by application of Chapter 295, Natural Resource Protection.
D.
Lakeshore or pond shore. As determined by on-site survey and by application of Chapter 295, Natural Resource Protection.
E.
Wetlands. Those areas that are inundated and saturated by surface or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs and similar areas.
(1)
Delineation. Wetland boundaries shall be determined by application of Chapter 295, Natural Resource Protection, and delineated through an on-site assessment which shall be conducted by a professional soil scientist or others with qualifications meeting the specifications of FEMA, or the federal agency in charge of assessing wetland areas. Such person shall certify that the methods used correctly reflect currently accepted technical concepts, including the presence of wetland vegetation, hydric soils and/or hydrolic indicators. A study shall be submitted with sufficient detail to allow a thorough review by Borough Council. The study must be approved by Borough Council on the recommendation of the Borough Engineer.
(2)
Federal and state regulations. In addition to the requirements above, any applicant proposing a use, activity or improvement which would entail the regrading or placement of fill in wetlands shall provide the Borough with proof that the Pennsylvania Department of Environmental Protection (Bureau of Dams and Waterway Safety and Bureau of Water Quality Management) and the U.S. Army Corps of Engineers have been contacted to determine the applicability of state and federal wetland regulations. A review of the applicability of and proof of compliance with the Pennsylvania Storm Water Management Act, as amended by Act 63 of May 24, 1984,[3] the Stormwater Management Guidelines adopted by the General Assembly, the Lower Neshaminy Creek Watershed Conservation Plan, and the Delaware River South Designated Watershed Stormwater Management Plan, approved on August 11, 2004, and to all subsequent changes to these documents, as amended from time to time.
F.
Wetland margin. Wetland margins are the transitional area extending from the outer limit of the wetland. For the purposes of this chapter, the wetland margin determined by application of Chapter 295, Natural Resource Protection, and shall extend 100 feet from the wetland boundary or to the limit of the hydric soils, whichever is more. The limit of the hydric soils shall be as mapped in the NRCS Soil Survey for Bucks and Philadelphia Counties, most recent edition, unless reclassified by a Certified Soil Scientist.
G.
Steep slopes. As determined by application of Chapter 295, Natural Resource Protection, and by on-site survey mapping the tract at two-foot contour intervals.
[Amended 6-8-2005 by Ord. No. 2005-05]
A.
General.
(1)
No changes shall be made in the contour of the land, and no grading, placing, storing, excavating, removal or destruction of the topsoil, trees or other vegetative cover of the land shall be commenced, until such time that a plan for minimizing erosion and sedimentation has been processed and reviewed by the Bucks County Conservation District and the Borough Engineer.
(2)
Measures used to control erosion and reduce sedimentation shall as a minimum meet the standards and specifications of the Bucks County Conservation District. The Borough Engineer may recommend more restrictive measures in sensitive areas. The Borough Engineer shall ensure compliance with the appropriate specifications, copies of which are available from the District.
(3)
Final plans for minimizing erosion and sedimentation as approved will be incorporated into the agreement and bond requirements as required by Borough Council.
(4)
No subdivision or land development plan shall be approved unless:
(a)
There has been an erosion and sedimentation plan approved by the Borough Engineer and the Bucks County Conservation District that provides for minimizing erosion and sedimentation and an improvement bond or other acceptable security is deposited with the Borough in the form of an escrow guaranty which will ensure installation and completion of the required improvements; or
(b)
There has been a determination by Borough Council that a plan for minimizing erosion and sedimentation is not necessary. Borough Council may waive the above requirement for security for minor subdivisions.
B.
Performance principles. The following measures are effective in minimizing erosion and sedimentation and shall be included where applicable in the control plan:
(1)
Development plans shall preserve natural features, keep embankment operations to a minimum, and ensure conformity with topography so as to create the least erosion potential and adequately handle the volume and velocity of surface water runoff.
(2)
Stripping of vegetation, regrading, or other development shall be done in a way that will minimize erosion.
(3)
Whenever feasible, natural vegetation shall be retained, protected, and supplemented.
(4)
The disturbed area and the duration of exposure shall be kept to a practical minimum.
(5)
Disturbed soils shall be stabilized as quickly as practicable. Disturbed soil shall be stabilized within 20 days.
(6)
Temporary vegetation and/or mulching shall be used to protect exposed critical areas during development.
(7)
The permanent (final) vegetation and mechanical erosion control and drainage shall be installed as soon as practical in the development.
(8)
Provisions shall be made to effectively accommodate the increased runoff caused by changed soil and surface conditions during and after development. Where necessary, the rate of surface water runoff will be mechanically retarded.
(9)
Sediment in the runoff water shall be trapped until the disturbed area is stabilized by the use of debris basins, sediment basins, silt traps, or similar measures.
(10)
Tire cleaning areas shall be provided and properly maintained at each point of egress from the development site.
C.
General grading standards. In order to provide more suitable sites for building and other uses, improve surface drainage, and control erosion, the following requirements shall be met:
(1)
All lots, tracts or parcels shall be graded to provide proper drainage away from buildings, structures and permanent improvements, and dispose of it without ponding, and all land within a development shall be graded to drain and dispose of surface water without ponding.
(2)
All drainage provisions shall be of such design as to completely handle the surface runoff and carry it to the nearest suitable outlet such as a curbed street, storm drain, or natural watercourse. All drainage provisions shall be of such design as to improve water quality and stormwater management in the area.
(3)
Concentration of surface water runoff shall only be permitted in swales or watercourses. Subject to the approval of the Borough Engineer, swales shall be sodded, utilizing jute matting or other similar measures approved by the Borough, to insure proper growth.
(4)
Edges of slopes shall be a minimum of five feet from property lines or right-of-way lines in order to permit the normal rounding of the edge without encroaching on the abutting property.
(5)
During grading operations, necessary measures for dust control shall be exercised.
(6)
In general, lot slope shall not be flatter than 2%.
(7)
Swales for surface runoff shall have a minimum slope of 2%.
(8)
Garage floor elevations shall be shown on the proposed grading plan. First floor elevations shall be based on architectural details of the proposed building.
(9)
A fifteen-foot protection slope around the building shall be provided with at least a six-inch fall.
(10)
Perimeter grades at the corners of the building shall be shown on the grading plan.
(11)
Proposed spot elevations for swale high points and at lot corners shall be shown on the grading plan.
(12)
Where inlets are proposed at low points in streets or lot grading, adequate relief shall be provided to prevent excessive ponding in the event of inlet clogging.
(13)
The grading plan shall not allow concentrated runoff on adjoining properties.
(14)
Drainage swales necessary to control surface drainage between lots shall be centered about the common property lines.
(15)
On-lot drainage swales shall be designed to provide positive conveyance of surface water from the individual lot. Each individual lot shall convey stormwater from the individual lot. Each individual lot shall convey stormwater from the lot to a storm sewer system, street or major drainage way without crossing or combining with stormwater from more than the adjacent lot.
(16)
Drainage ways for major surface runoff (swales) shall be confined to open areas or along property lines. Drainage ways on or adjoining private property require drainage easements for maintenance purposes.
D.
Excavations and fills.
(1)
Cut and fill slopes shall not be steeper than 4:1 unless stabilized by a retaining wall or curbing.
(2)
Adequate provisions shall be made to prevent surface water from damaging the cut face of excavations and the sloping surfaces of fills.
(3)
Cut and fill shall not endanger adjoining property.
(4)
Fill shall be placed and compacted so as to minimize sliding or erosion of the soil.
(5)
Fills shall not encroach on natural watercourses, lakes, ponds or constructed channels. Fill shall not encroach in floodplain areas, floodplain fringes, wetlands, wetland margins, lake shores or pond shores.
(6)
Fills placed adjacent to natural watercourses or constructed channels shall have suitable protection against erosion during periods of flooding or heavy rainfall.
(7)
Grading shall in no case be done in such a way so as to divert water onto the property of another landowner or into a public right-of-way.
(8)
Grading equipment will not be allowed to cross live streams. Provision shall be made for the installation of temporary culverts or bridges.
E.
Responsibility.
(1)
Whenever sedimentation is caused by stripping vegetation, regrading or other development, it shall be the responsibility of the person, corporation or other entity causing such sedimentation to remove it from all adjoining surfaces, drainage systems and watercourses, to repair any damage at his expense as quickly as possible and to restore the affected area to a better condition.
(2)
Maintenance of all drainage facilities and watercourses, both existing and proposed, within any proposed subdivision or land development shall be the responsibility of the applicant until such time as one of the following is accomplished:
(a)
A right-of-way for these facilities is offered for dedication by the applicant and is accepted by Borough Council; it shall then be the responsibility of the Borough.
(b)
An easement acceptable to Borough Council is established. The maintenance shall then be the responsibility of the individual lot owners over whose property the easement passes. For land developments, the maintenance shall then be the responsibility of the owner.
(c)
A homeowners' association, approved by Borough Council, is funded and assumes responsibility for the maintenance of the development, including the maintenance of the watercourses and/or drainage facilities.
(3)
It is the responsibility of any person, corporation, or other entity doing any act on or across a communal stream, watercourse or swale, or upon the floodplain or right-of-way during the period of the activity to return it to a better condition after such activity is completed.
(4)
No person, corporation, or other entity shall block, impede the flow of, alter, construct any structure or deposit any material or thing or commit any act which will affect normal or flood flow in any communal stream or watercourse without having obtained prior approval from Borough Council and the PA Department of Environmental Protection.
(5)
Each person, corporation or other entity which makes any surface changes shall be required to:
(a)
Collect on-site surface runoff and dispose of it to the point of discharge into the common natural watercourse of the drainage area at a rate of infiltration that shall not impact nor affect the watercourse or the drainage pattern in the area, but shall improve water quality and stormwater management.
(b)
Handle existing off-site runoff through his development by designing it to completely handle storm runoff from a fully developed area upstream.
(c)
Pay his proportionate share of the total cost of off-site improvements to the common natural watercourse, based on a fully developed drainage area.
(d)
Provide and install at his expense, in accordance with Borough requirements, all drainage and erosion control improvements (temporary and permanent) as required by the erosion and sediment control plan.
F.
Compliance with regulations and procedures.
(2)
The installation and design of the following erosion and sediment control measures shall, as a minimum, be in accordance with standards and specifications found in latest editions of the Erosion and Sediment Control Handbook and the Best Management Practices Handbook available through the Bucks County Conservation District. Proof of compliance with the best management practices (BMPs) required in the Pennsylvania Storm Water Management Act, as amended by Act 63 of May 24, 1984,[2] the Stormwater Management Guidelines adopted by the General Assembly, the Lower Neshaminy Creek Watershed Conservation Plan, and the Delaware River South Designated Watershed Stormwater Management Plan, approved on August 11, 2004, and to all subsequent changes to these documents, as amended from time to time:
(a)
Detention basin.
(b)
Grade stabilization structure.
(c)
Grassed waterway or outlet.
(d)
Mulching.
(e)
Sodding.
(f)
Temporary cover on critical areas.
(g)
Temporary diversion (urban and residential).
(h)
Permanent diversion (urban and residential).
(i)
Permanent grass and legume cover on critical areas with prepared seedbed.
(j)
Permanent grass and legume cover on critical areas with unprepared seedbed.
(k)
Stream channel construction, bank erosion structures, bench terrace and other temporary or permanent measures deemed appropriate by Borough Council
(3)
Final approval of plans and specifications for the control of erosion and sedimentation shall be concurrent with the approval of the final plans of subdivision or land development, and become a part thereof.
(4)
At the time a building permit is applied for, a review shall be conducted by the Borough Engineer to insure conformance with the plan as approved. During the construction, further consultative technical assistance will be furnished, if necessary, by the Borough Engineer and the Bucks County Conservation District. During this development phase, the Borough Engineer shall inspect the development site and enforce compliance with the approved plans.
(5)
Permission for clearing and grading prior to recording of plans may be obtained under temporary easements or other conditions satisfactory to Borough Council and the Borough Engineer.
(6)
In the event the applicant proceeds to clear and grade prior to recording plans, without satisfying conditions specified under Subsection F(5), Borough Council may revoke its approval of any plans approved or permits issued.
(7)
Borough Council and the Borough Engineer shall be entitled to enter the property and to periodically inspect areas designed to control erosion, sedimentation and stormwater runoff after construction has been completed. Such right shall be permanent and shall run with the land.
A.
Every application for subdivision or land development shall be accompanied by an environmental impact and community assessment report. The report shall be text, tables, photographs, maps, plans, narratives and analysis submitted for the purpose of allowing the Borough to evaluate the application.
B.
The report shall be prepared by a registered or certified professional or other individual acceptable to Borough Council. Such professional may be a registered engineer, geologist, architect or landscape architect. The individual may also be a certified planner. Individuals lacking the above qualifications may submit their academic credentials and experience to Borough Council for consideration. Borough Council may consider individuals having academic credentials in any of the natural sciences, or individuals who demonstrate experience preparing competent and acceptable reports to other municipalities in the area.
C.
Applications for minor subdivision shall be accompanied by a report prepared in accordance with the Subsection D below. Applications for major subdivisions and/or land developments shall be accompanied by a report prepared in accordance with Subsection E below. The applicant shall submit the 17 copies of the report.
D.
Report to accompany an application for minor subdivision shall contain the following information:
(1)
A statement of the intention of the property owner, reflecting the current state of the property and the intended state of the property after the plan is implemented.
(2)
A plan drawn at a scale appropriate to the report (8 1/2" x 11" or 11" x 17") that shows the layout of lots and other intended actions.
(3)
A plan, or plans, that show the natural environment of the property. The plan shall illustrate the following:
(a)
Vegetation, including the location of individual trees, shrubs, planting beds, lawn, woods and fields.
(b)
Wildlife, including the location of the habitat and nesting site for species of birds and mammals.
(c)
Water resources, including rivers, streams, springs, wetlands, floodplains, fringe and margin areas, alluvial soils, ponds and wells.
(4)
Topography, as per United States Geological Survey.
(5)
The location of other important features, such as rock outcrops, etc.
(6)
A plan or plans, that show the occurrence of man-made objects or structures on the property. Such plans shall illustrate the following:
(a)
Outbuildings, foundations, root cellars, etc.
(b)
Adjoining properties within 200 feet classified by land use category: residential, office, retail, institutional or vacant, as defined in Chapter 450, Zoning.
(c)
Encumbrances on the site such as underground utilities, public uses, rights-of-way, easements, covenants and/or other deed restrictions.
(7)
A photographic survey of the site, with photos taken from all aspects, including panoramic and close-up photos, as is necessary to illustrate the report.
(8)
A narrative that provides an inventory and analyzes the vegetation found on the site that accompanies the vegetation plan required by Subsection D(3)(a) above. The vegetation shall be identified by scientific name and common name. The writer shall use the latest edition of the Pennsylvania Natural Diversity Index to determine if endangered species exist on the site and the Bucks County Historic Tree Inventory, as maintained by the Bucks County Audubon Society.
(9)
A narrative that provides an inventory and analyzes the wildlife found on the site, by scientific name and common name. The writer shall use the latest edition of the Pennsylvania Natural Diversity Index to determine if endangered species exist on the site.
(10)
A narrative that provides an inventory and analyzes the water resources of the site. The narrative shall draw upon available information regarding flooding, seasonal or permanent springs.
(11)
A description of the history of the property, including prior owners. If a structure exists on the property, provide the name of the builder and the year built, if known. The style of architecture and a description of construction features of the building shall be provided.
(12)
A narrative and map of the conditions found that would restrict or limit the development of the site.
(13)
Alternative designs or layouts that would protect the natural resource or other condition.
(14)
A summary narrative and plan of the selected alternative.
E.
Report to accompany an application for major subdivision or land development shall contain all of the information contained in Subsection D above for minor subdivisions and the following information:
(1)
A plan, or plans, that show the natural environment of the property. The plan(s) shall illustrate the following:
(2)
A plan or plans, that show the occurrence of man-made objects or structures on the property. Such plans shall illustrate the following:
(a)
Historic or culturally significant properties, as defined by Chapter 230, Historical Districts, Landmarks and Buildings, such as cemeteries, and/or structures over 50 years old within 200 feet of the property, identified by the type of site and if a structure, the name of the original owner and the date of construction. If this evaluation results in the identification of any historic property or structure over 100 years old, no excavation shall occur until the completion and evaluation by the Borough of an Archeological Study, prepared by a certified archeologist.
(b)
Scenic resources, including scenic views identified in the Langhorne Open Space Plan, most recent edition.
(c)
Utilities, including an evaluation of all utilities proposed to be used by the development, including, but not limited to sanitary sewer, water supply, fire protection and streetlights.
(3)
Demographics of the site before and after development, including the number of families, family members, employees and/or customers. Estimates of the age-sex breakdown of the resident population.
(4)
An estimate of the number of resident school age children, before and after development, classified by elementary, middle and high school age cohorts. Documentation from the Neshaminy School District that classroom space exists for the additional students.
(5)
An estimate of vehicular traffic generated from the site, before and after development, using current methods and procedures of the Institute of Traffic Engineers (ITE).
(6)
An analysis of the parking requirements of the site as proposed to be used.
(7)
A narrative of the proposed development's compatibility with the plans and policies expressed in the Bucks County Comprehensive Plan and the current functional county plans, such as the Transportation Plan, the Recreation Plan and the Natural Resources Plan. Also, the applicant shall consider the plans and policies expressed in the Borough of Langhorne Comprehensive Plan, most recent edition, the Langhorne Open Space Plan, most recent edition, and the statement of community goals and objectives found in Chapter 450, Zoning.[1]