Township of West Brandywine, PA Article VIII Development Design Standards

§ 167-52 Compliance required.

A. The following standards shall be complied with in all subdivision and land development, and are intended as the minimum for the promotion of the public health, safety and welfare. If an applicant/developer, however, can clearly demonstrate to the satisfaction of the Board that because of peculiar physical conditions pertaining to his land, the literal enforcement of these standards would cause undue hardship, such variations from their literal interpretation may be permitted as may be reasonable and consistent with the purpose and intent of this chapter. Such variations shall represent the least change from the standard.

B. All proposed subdivisions shall comply fully with the existing zoning regulations applicable to the land, and no parcel of land shall be created, either by inclusion or exclusion from a proposed subdivision, which cannot be properly utilized for a permitted use under the existing zoning regulations.

C. Physical improvements to the property being subdivided shall be provided, constructed, and installed as shown on the plan of record, in accordance with the requirements of the Township.

D. As a condition to review of a final plan by the Township Planning Commission, the subdivider shall agree to the installation of all items required by these regulations and shall submit a completed copy of the subdivision improvement agreement, agreeing with the Township to install all the improvements as required by this chapter and all regulations adopted pursuant hereto, and to deliver a deed of dedication supported by a certificate of title insurance and maintenance bond for any and all roads of the subdivision at the Township's option at any time after the first lot therein is sold or development thereon has commenced.

E. All improvements installed by the applicant shall be constructed in accordance with the design specifications of the Township. where there are no applicable Township specifications, all such specifications are subject to the approval of the Township Engineer.

F. Four-step design process. Where required, the four-step design process shall be undertaken as provided below. In order to demonstrate compliance with this section the applicant shall be prepared to submit four separate sketch maps indicating the findings of each step of the design process, if so requested by the Planning Commission or the Board.

[Added 8-23-2001 by Ord. No. 01-01; amended 4-18-2002 by Ord. No. 02-02]

(1) Step 1: Delineation of open space lands.

(a) Base mapping. Proposed open space lands shall be designated using the base mapping prepared for the required site analysis.

(b) Delineation of critical and sensitive open space resources. The applicant shall delineate the locations of critical and sensitive open space resources as defined in the West Brandywine Township Open Space, Recreation & Environmental Resources Plan (OSRERP).[1] In addition the applicant shall indicate which sensitive open space resources are included along with all critical open space resources in the priority open space network, as defined in the OSRERP.

[1] Editor's Note: See Ch. A207, Open Space, Recreation and Environmental Resources Plan.

(c) Establishment of open space resource protection priorities. The applicant shall prioritize natural and cultural resources on the tract in terms of their highest to least suitabilities for inclusion in proposed open space areas, in consultation with the Planning Commission, and in consideration of the priority open space network delineated as above.

(d) Preliminary designation of restricted open space and/or nondevelopment areas. In the case of a development utilizing the open space design option (OSDO), required open space and any open space utilized for purposes of calculating bonus density, as provided in Article XXII of Chapter 220, Zoning, shall generally be configured so as to maximize the degree to which resource protection priorities, determined as above, can be achieved. Where the OSDO is not utilized, nondevelopment areas, inversely related to applicable impervious coverage limitations, shall similarly be delineated. In the case of use of the OSDO only, delineation of open space areas also shall consider the ultimate need to comply with the provisions of § 200-181C and D of the West Brandywine Township Zoning Ordinance,[2] in regard to resource conservation and open space delineation standards.

[2] Editor's Note: See Ch. 220, Zoning.

(e) Using base mapping prepared for the required site analysis, the applicant shall delineate the boundaries of all proposed open spaces and shall indicate the extent and types of resources included within them. Where the OSDO is utilized, calculations shall be provided indicating the applicant's compliance with the acreage requirements for open space areas on the tract.

(2) Step 2: Location of building sites. Potential building sites shall be tentatively located, using the proposed open space lands as a base map, as well as other relevant data included in the required site analysis, such as topography and soils. Building sites should generally be located not closer than 50 feet to the boundary of any designated open space lands, taking into consideration the potential negative impacts of development on such areas as well as the potential positive benefits of locations which provide attractive views and visual settings for buildings.

(3) Step 3: Alignment of streets, trails, and stormwater management facilities. Upon designating the building sites, a street plan shall be designed to provide vehicular access to each building, complying with all applicable design standards herein and bearing a logical relationship to topographic conditions. Impacts of the street plan on proposed open space lands shall be minimized, particularly with respect to crossing environmentally sensitive areas such as wetlands and traversing steep slopes. Street connections shall generally be encouraged to minimize the number of new culs-de-sac to be maintained by the municipality and to facilitate access to and from development in different parts of the tract and, where appropriate, on adjoining parcels. Preliminary definition of locations for stormwater management facilities also shall be provided. Such locations shall avoid impact to priority open space resources and shall consider aesthetic impacts as well as Township objectives to maximize groundwater infiltration.

(4) Step 4: Establishing the lot lines. Upon completion of the preceding three steps, lot lines shall be drawn, as applicable, to delineate the boundaries of individual lots, public and private rights-of-way, and open space areas. Preliminary delineation of open space areas per Step 1 above shall be fine-tuned to reflect actual locations of buildings, streets, stormwater management facilities and other infrastructure. Where applicable, adjusted delineation of open space areas shall fully comply with the provisions of § 200-181C and D of the West Brandywine Township Zoning Ordinance.[3] Where permanently restricted from development, and where approved by the Board of Supervisors, open space areas may be included within the bounds of private lots.

[3] Editor's Note: See Ch. 220, Zoning.

§ 167-53 Land requirements.

A. Land shall be suited to the purposes for which it is to be subdivided. Proposed land developments shall be coordinated with existing nearby neighborhoods so that the community as a whole may develop harmoniously.

B. No land shall be developed for residential purposes unless all hazards to life, health, or property from flood, fire, and disease shall have been eliminated or unless the plans for the development shall provide adequate safeguard against such hazards.

C. No plan of subdivision or land development shall be approved which would result in lots or land use, or which would in any other way be, inconsistent with Chapter 200, Zoning, then in effect for the zoning district in which the land to be developed or subdivided is located.

§ 167-54 Lot design.

A. General lot design standards.

(1) Lot dimensions, areas and orientation shall be appropriate for the type of development and use contemplated, and sufficient to provide satisfactory space for off-street parking and other accessory uses.

(2) Lot dimensions and areas shall not be less than as required by Chapter 200, Zoning, as amended from time to time.

(3) Insofar as practical, side lot lines shall be at right angles to straight street lines, and radial to curved street lines and cul-de-sac turnarounds.

(4) Where feasible, lot lines shall follow municipal boundaries rather than cross them, in order to avoid jurisdictional problems.

(5) The depth of residential lots shall be not less than one nor more than three times their width.

B. Lot frontage standards.

(1) All lots shall have direct access to a public street and shall have a frontage in accordance with zoning standards, but shall have a minimum width of 50 feet.

[Amended 9-5-1996 by Ord. No. 96-02]

(2) Any proposed lots abutting an existing or proposed arterial or collector street in the Township shall be designed as reverse frontage lots having access to the street with a lower function, as specified in the Appendix. This requirement may be waived by the Board of Supervisors if, in its judgment, the advantages to the Township of compliance with this standard are outweighed by the applicant's resulting inability to meet other requirements of this chapter or Chapter 200, Zoning; or compliance would be unreasonable or impractical due to the size of the proposed development, configuration of the site, etc.

(3) All residential lots using reverse frontage shall have a rear yard with a minimum depth of 75 feet, measured in the shortest distance, from the proposed dwelling unit to the ultimate right-of-way, and shall, within such rear yard and immediately adjacent to the right-of-way, have a planting screen easement of at least 10 feet in width, across which there shall be no right of access.

C. Building setback lines.

(1) The minimum building setback line shall be in accordance with Chapter 200, Zoning, but may be placed deeper on a cul-de-sac lot in order to satisfy minimum lot width requirements where the side lot lines are not parallel to each other or have any other legitimate reason.

(2) On any lot abutting a railroad, no dwelling shall be placed within 75 feet of the nearest existing track, nor within 25 feet of any portion of the right-of-way line.

D. Interior lots.

(1) No more than two new contiguous interior lots shall be formed. The creation of such lots shall be minimized and limited to those circumstances dictated by the configuration of the site, however, the applicant shall not be permitted to use interior lot design to avoid constructing or extending streets.

(2) No more than two lots, stack upon each other, shall be created along a new or existing street. Access to any other lots shall be taken directly from a new street.

(3) An interior lot shall have an access strip, with a minimum width for its entire depth of 50 feet, and which meets the minimum lot frontage requirements of this chapter.

§ 167-55 Block layout.

A. General block design standards. The length, width and shape of blocks shall be determined with due regard to the following provisions:

(1) Adequate and safe sites for buildings of the type proposed;

(2) Compliance with zoning requirements;

(3) Compatibility with topography; and

(4) Safe and convenient vehicular and pedestrian circulation, including the reduction of intersections with major streets.

B. Block length.

(1) Blocks shall have a minimum length of 500 feet.

(2) In the design of blocks longer than 1,000 feet, special consideration shall be given to the requirements of satisfactory access for fire protection.

(3) Where practicable, blocks along arterial and collector streets shall not be less than 1,000 feet long.

C. Block depth. Residential blocks shall be of sufficient depth to accommodate two tiers of lots, except where reverse frontage lots are required along a major traffic street, or where prevented by the size, topographical conditions or other inherent conditions of property, in which case the Township Planning Commission may approve a single tier of lots.

D. Commercial and industrial blocks. Blocks in commercial and industrial areas may vary from the elements of design detailed above if required, by the nature of the use. In all cases, however, adequate provision shall be made for off-street parking and loading areas as well as for traffic circulation and parking for employees and customers.

E. Crosswalks.

(1) Crosswalks may be required wherever necessary to facilitate pedestrian circulation and to give access to community facilities as well as in blocks of over 1,000 feet in length.

(2) Such crosswalks shall have a width of not less than 10 feet and a paved walk of not less than four feet.

§ 167-56 Monuments and markers.

A. Monument standards.

(1) Permanent stone or concrete monuments shall be accurately placed at the intersection of all lines forming angles and at changes in directions of lines in the boundary (perimeter) of the property being subdivided.

(2) All monuments shall be placed by a registered engineer or surveyor so that the scored point created by an indented cross or drill hole in the top of the monument shall coincide exactly with the point of intersection of the lines being monumented.

(3) Monuments shall be set with their top levels with the finished grade of the surrounding ground.

(4) All streets shall be monumented on the right-of-way line at the following locations:

(a) At least one monument at each intersection;

(b) At changes in direction of street lines;

(c) At each end of each curved street line, (e.g., points of curvature and tangency (only one side of each street need be monumented);

(d) An intermediate monument wherever topographical or other conditions make it impossible to sight between two otherwise required monuments; and

(e) At such other places along the line of streets as may be determined by the Township Engineer to be necessary so that any street may be readily defined in the future.

B. Marker standards.

(1) Markers shall be accurately placed at all lot corners within a subdivision.

(2) Markers shall consist of solid iron pipe or pins, with a minimum diameter of 1/2 inch and shall have a minimum length of 18 inches.

(3) Markers shall be driven level with finished grade.

C. Control points. At least one permanent (brass plate or stud set in concrete) horizontal control point/vertical benchmark (second order, with standard description) shall be provided with horizontal coordinates referenced to NAD83 Pennsylvania State Plane feet, and vertical elevations referenced to NAVD88 feet, AMSL.

[Added 8-23-2001 by Ord. No. 01-01; amended 4-18-2002 by Ord. No. 02-02]

§ 167-57 Sewage treatment and disposal. [1]

A. General requirements.

(1) The proposed method of sanitary sewage disposal shall be in accordance with the official Act 537 Sewage Facilities Plan of the Township.

(2) When in accord with Title 25, Chapter 71, Section 71.16, Rules and Regulations of the Pennsylvania Department of Environmental Protection Facilities Plan Revision, the procedure set forth in Sections 71.15 - 71.17 of those Rules and Regulations shall be followed.

(3) The subdivider shall provide the highest type of sanitary sewage disposal facility consistent with existing physical, geographical and geological conditions. The following types of sanitary sewage disposal facilities are listed in order of desirability:

[Amended 3-17-1994 by Ord. No. 94-02]

(a) Approved individual on-site facilities;

(b) Community sanitary sewer system with a community on-lot treatment facility;

[1] Soil absorption system.

[2] Spray irrigation.

(c) Public sanitary sewer and treatment plant system.

B. Sanitary sewage disposal systems.

(1) Wherever a subdivider proposes that individual on-site systems shall be utilized sanitary sewage disposal the subdivider shall either within the subdivision, install such facilities or shall require (by deed restriction or otherwise), as a condition of the sale of each lot or parcel within the subdivision, that such facilities shall be installed by the purchaser of such lot or parcel at the time that a principal building is constructed, and in accordance with these regulations.

(2) Where studies by the Township Planning Commission and the Township indicate that construction or extension of sanitary trunk sewers to serve the property being subdivided appears probable within a reasonably short time (up to five years), the Township Planning Commission shall require the installation and capping of sanitary sewer mains and house connections, in addition to the installation of temporary, individual, on-site sanitary sewage disposal systems. It shall, however, be the responsibility of the Township or other such appropriate agency to supervise the design and installation of such capped sewers, and the acceptance of such responsibility shall be prerequisite to the Township Planning Commission's requirement of such installation. The cost for said installation shall be the responsibility of the applicant.

C. Soil suitability analysis requirements.

(1) Soil percolation tests shall be performed for all subdivisions where proposed building(s) at the time of construction can not be connected to a public or community sanitary sewage disposal system in operation. Deep hole test pits are recommended as a further means of guaranteeing suitability of a site.

(2) Soil percolation tests shall be made in accordance with the procedure required by the Pennsylvania Department of Environmental Protection and the Chester County Health Department, by either a registered professional engineer or registered sanitarian and/or the Pennsylvania Sewage Facilities Act sewage enforcement officer, at a rate of one per lot prior to issuance of building permits.

[1] Editor's Note: See also Ch. 148, Sewers.

§ 167-58 Water supply.

A. Wherever an existing public or approved community water system is geographically and economically accessible to a proposed subdivision, a distribution system shall be designed to furnish an adequate supply of water to each lot, with adequate main sizes and fire hydrant locations to meet the specifications of the Middle Department Association of Fire Underwriters. A copy of the approval of such system by the appropriate public agency or utility company shall be submitted with the final plan. Suitable agreements shall also be established for the ownership and maintenance of such distribution system.

B. Where individual on-site water supply system(s) are to be utilized, each lot so served shall be of a size and shape to allow safe location of such system in accordance with the requirements of the Pennsylvania Department of Environmental Protection.

C. Where the subdivider proposes that individual on-site water supply systems shall be utilized within the subdivision, the subdivider shall either install such facilities or shall require by deed restriction or otherwise method acceptable to the Township as a condition of the sale of each lot or parcel within the subdivision that the facilities shall be installed by the purchaser of such lot or parcel at the time that a principal building is constructed, and in accordance with these regulations.

D. Wherever economically feasible, the subdivision shall be provided with a complete public or community water distribution system. The design and installation of such public system shall be subject to the approval of the engineer of the appropriate water utility company; the design and installation of such community distribution system shall be further subject to satisfactory provision of the maintenance thereof.

E. Public or community water supply systems within a multiple-family, mobile home, single-family at less than 1.0 acre lot development shall be provided with a fire hydrant system. Hydrants shall be installed within 600 feet of all existing and proposed structures, measured by way of accessible streets (as specified by the Middle Department Association of Fire Underwriters).

[Amended 12-21-2000 by Ord. No. 00-04]

F. Minimum water supply requirements. In all subdivisions and land developments serviced by community or public water, the following water pressure and gallonage requirements shall apply:

[Added 12-21-2000 by Ord. No. 00-04]

(1) Residential use. A minimum domestic pressure of 30 pounds per square inch shall be provided at each house to be connected to the water main. The system shall have sufficient capacity to supply a minimum of 300 gallons of water per residential unit per day within the subdivision or land development.

(a) For purposes of fire protection in residential districts, the system shall be demonstrably capable of providing fire flow water requirements for a minimum duration of two hours of not less than 500 gallons per minute at residual pressure of 20 pounds per square inch or more as required for ISO certification.

(2) Commercial or industrial use. A minimum pressure of 30 pounds per square inch shall be provided at each commercial or industrial building connected to the water supply main. When a builder wishes to connect to the water system, a study will be made to determine if there is adequate water to supply the building and use.

(a) For purposes of fire protection in commercial and industrial districts, 1,000 gallons per minute at 20 pounds per square inch residual pressure is required or as required for ISO certification.

G. If water is to be provided by means other than by private wells owned and maintained by the individual owners of lots within the subdivision or development, applicants shall present evidence that the subdivision or development is to be supplied by a certificated public utility, a bona fide cooperative association of lot owners, or by a municipal corporation, authority or utility. A copy of a Certificate of Public Convenience from the Pennsylvania Public Utility Commission or an application for such certificate, a cooperative agreement or a commitment or agreement to serve the area in question, whichever is appropriate, shall be acceptable evidence.

[Added 11-2-1989 by Ord. No. 89-03]

§ 167-59 Other utilities.

A. All other utility lines including, but not limited to, electric, gas, street line supply, cable television, and telephone shall be placed underground. Installation of all utilities shall be in strict accordance with the engineering standards and specifications of the Township, municipal authority, or other public utility concern. All such underground utilities shall be approved before the streets are constructed, where such utilities lie under the proposed cartway, and before any person is permitted to occupy any building to be served by such utilities. Utilities shall be installed before the screenings are put into place within the cartway.

B. In accordance with the provisions of Act 287, any applicant shall contact all applicable utilities and accurately determine the locations and depths of all underground utilities within the boundaries of the tract proposed for development, prior to excavation. A list of the applicable utilities and their phone numbers shall appear on the plans submitted for review, and proof of contact shall be presented to the Township prior to final plan approval.

§ 167-60 Easements.

A. Where water and/or sewer facilities are intended for dedication, the requirements for easement shall be determined by the Board. Easements shall be similarly established as necessary for other utilities.

B. Storm drainage easements shall be provided as required by the Township Stormwater Management Ordinance, if any.

[Amended 12-21-2000 by Ord. No. 00-04]

C. The Board may require easements as prerequisites to its approval of common driveways or other access arrangements.

§ 167-61 Stormwater management.

[Amended 8-23-2001 by Ord. No. 01-01; 4-18-2002 by Ord. No. 02-02]

A. Purpose.

(1) It is the goal of West Brandywine Township to protect the health, safety, and general welfare of its residents through protection of surface and groundwater resources. A critical objective of the Township's program is comprehensive stormwater management, including effective control of sedimentation and erosion, as set forth in this chapter. These stormwater management provisions are further intended to avoid and/or minimize the negative impacts of inadequately managed stormwater, including:

(a) Altered hydrology, including increased flooding and flood-related damage to the general health of citizens and damage to property;

(b) Lowering of the groundwater table;

(c) Physical stream impacts, including altered channels, eroded streambanks and streambeds;

(d) Altered stream temperature;

(e) Aquatic biological impacts;

(f) Increased nonpoint source pollutants;

(g) Aesthetic impacts.

(2) The specific purposes of comprehensive stormwater management in West Brandywine Township are:

(a) To generally maintain the predevelopment water balance in watersheds and subwatersheds containing first-order (as mapped by the U.S. Geological Survey) and other especially sensitive streams, and to work to restore natural hydrologic regimes wherever possible throughout the stream system, where these regimes have been altered.

(b) To maintain the predevelopment volume of groundwater recharge in order to protect the groundwater table, critical stream baseflow, and discharges to natural wetlands.

(c) To prevent significant increase in surface runoff volumes, predevelopment to post-development, thereby worsening flooding downstream in the watershed, enlarging floodplains, eroding stream banks, and creating other flood-related health-welfare-property losses, and to work to reduce runoff volumes to natural levels.

(d) To minimize nonpoint source pollutant loadings to ground and surface waters generally throughout West Brandywine Township in order to maintain state-designated stream uses, standards and criteria.

(e) To minimize impacts on stream temperatures.

(f) To minimize aesthetic impacts of introduced stormwater management facilities.

(g) To manage stormwater cost effectively through approaches and practices which require a minimum of structures and which rely on natural processes to the maximum.

B. Statutory authority. West Brandywine Township is empowered to regulate land use activities that affect stormwater runoff by the authority of the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended by Act 170 of 1988, as further amended by Act 209 of 1990 and Act 131 of 1992, 53 P.S. § 10101. Stormwater management is also enabled by Pennsylvania's Stormwater Management Act of 1978 (Act 167),[1] as well as the Pennsylvania Environmental Amendment.

[1] Editor's Note: See 32 P.S. § 680.1 et seq.

C. Applicability. These regulations apply to all activities governed by the West Brandywine Township Subdivision and Land Development Ordinance (SLDO). No land or waterway shall be used or modified, no earth shall be disturbed, stripped, or moved, and no structure or other impervious surface shall be built or extended without full compliance with the terms of this chapter and other applicable regulations.

D. Repealer. Any provisions inconsistent with any of the provisions of this section are hereby repealed to the extent of the inconsistency only.

E. Severability. Should any provision of this section be declared invalid by a court of competent jurisdiction, such decision shall not affect the validity of any remaining provisions of this section.

F. Compatibility with other ordinance requirements. Approvals issued/actions taken pursuant to this section do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act, or ordinance. To the extent that the provisions of this section are more rigorous in terms of the standards applied for stormwater management, the specific stormwater management standards and design criteria contained in this section shall apply.

G. Permanent comprehensive stormwater management standards. The provisions of this section shall apply to any minor or major subdivision or land development involving land disturbance which exceeds 5,000 square feet.

(1) Standard 1.

(a) There shall be no increase in the volume of stormwater runoff being discharged for up to the two-year frequency rainfall, predevelopment to post-development, calculated using a methodology as described in this chapter.

(b) Waivers may be issued at the discretion of the Township in those cases where Standard 1 volume requirement cannot reasonably be satisfied. Applicants may request a partial waiver, where a portion of the Standard 1 volume requirement is waived (i.e., volume control is achieved for a lesser storm such as the one-year storm or six-month storm), or applicants may request a total waiver, where the entire Standard 1 volume requirement is set aside. The need for waivers of any type must be based on demonstration by the applicant that due to the existing soil, bedrock, water table, or other natural conditions and limitations at the site, the Standard 1 volume requirement cannot be satisfied through use of reasonable best management practices, as defined in this chapter. The Township strongly discourages requests for waivers. The Board shall issue waivers only after thorough review and concurrence that partial or full waiver of these provisions is warranted in full consideration of all possible stormwater management options.

[Amended 3-21-2002 by Ord. No. 02-01]

(c) Modification to Standard 1 in headwaters areas. On any lot or tract where lot coverage in excess of 20% may be permitted as provided in the West Brandywine Township Zoning Ordinance (Chapter 200 of the Code) and where any lot coverage is located within any headwaters area, or is served by any stormwater management facilities located within a headwaters area, Standard 1 shall be modified as follows: the volume of stormwater runoff which may be discharged, as provided in Subsection G(1)(a) above, shall be reduced by subtracting the entire volume of the two-year frequency rainfall (3.2 inches in 24 hours) generated by any lot coverage in excess of 20%.

[Added 2-6-2003 by Ord. No. 03-02]

(2) Standard 2.

(a) Assuming full compliance with the Standard 1 volume provisions (assuming no waiver), the peak rate of stormwater discharges from the site for all design storms up to and including a one-hundred-year frequency rainfall shall not exceed the peak discharges from the site of the same storms before disturbance. Design storms include:

[1] Two-year, twenty-four-hour storm;

[2] Five-year, twenty-four-hour storm;

[3] Ten-year, twenty-four-hour storm;

[4] Twenty-five-year, twenty-four-hour storm;

[5] Fifty-year, twenty-four-hour storm; and

[6] One-hundred-year, twenty-four-hour storm.

(b) If a partial waiver has been issued but at least 50% of the volume requirement specified under Standard 1 is being met, these Standard 2 provisions also apply.

(3) Standard 3. In those cases where a total waiver from the Standard 1 volume requirement is issued or where a partial waiver is issued and less than 50% of the volume requirement specified under Standard 1 is being met, then the peak rate standards set forth under Standard 2 above are further modified, so that the post-development peak rate discharges from the site for two-year storms and larger, up to the ten-year storm, must be equal to or less than the predevelopment peak rate of discharge for the two-year storm. These calculations are to be based only on that site area being disturbed.

(4) Standard 4. Significant loadings of nonpoint source pollutants shall not be discharged into either surface or groundwater. If the total volume and peak rate standards above are met as in Standards 1 and 2 (including if a partial waiver for volume control is approved by the Township, but at least 50% of the volume requirement specified in Standard 1 is met), then water quality impacts are assumed to be adequately controlled.

(a) If the requirements set forth in Standards 1 and 2 above cannot be achieved and a total waiver is issued or a partial waiver is issued where less than 50% of the volume requirement specified under Standard 1 is being met, then an additional water quality requirement must be met in order to guarantee that significant water quality impacts will not result from the proposed development action. A water quality-oriented best management practice (BMP) designed to capture and treat stormwater generated for up to the one-inch rainfall event must be employed. These BMPs include, but are not limited to:

[1] Constructed wetlands/wetland forebays;

[2] Retention ponds/extended detention ponds;

[3] Filters (sand-peat, underground sand, perimeter sand filter, organic sand, pocket sand filter, gravel);

[4] Grass channels;

[5] Dry swales;

[6] Wet swales;

[7] Filter strips;

[8] Other bioretention BMPs.

(b) BMP selection, design and implementation shall be based upon appropriate reference materials such as the Pennsylvania Handbook of Best Management Practices for Developing Areas, Design of Stormwater Filtering Systems, and other manuals.

(c) Riparian buffer requirements, as set forth in § 167-64 of this chapter, are required for all sites. Additional Township requirements for other sensitive environmental features are applicable as set forth elsewhere in this chapter and other Township ordinances. Additionally, for all those sites hydraulically tributary to special protection waters or to natural or artificial lakes and impoundments, minimum disturbance/maintenance site design, as set forth in Appendix A,[2] is strongly recommended.

[Amended 3-21-2002 by Ord. No. 02-01]

[2] Editor's Note: Appendix A, Comprehensive Stormwater Management Procedure, is included at the end of this chapter.

(5) Standard 5. Under certain conditions, the Township, upon recommendation by the Township Engineer, may impose the following additional restrictions on stormwater discharges:

(a) Peak discharge may be further restricted when it can be shown that a probable risk to downstream structures or unique natural areas exists or that existing severe flooding problems could be further aggravated.

(b) Measures shall be imposed to protect against ground or surface water pollution where the type of land use activity may result in significant nonpoint source pollution or the nature of the soils or bedrock underlying a stormwater management structure constitutes substantial risk of contamination. Special provisions to be followed in such cases may be provided by the Township Engineer.

[Amended 3-21-2002 by Ord. No. 02-01]

(c) Where groundwater yields are very low or where a groundwater supply already is heavily used, the Township may require that the entire volume of the two-year frequency rainfall (3.2 inches in 24 hours) be retained and infiltrated. If substantial irrigation needs are anticipated, a portion of stored stormwater may be re-used for irrigation purposes.

H. Stormwater management calculation methods.

(1) In all plans and designs for stormwater management systems and facilities submitted to the Township Engineer for approval, stormwater peak discharge and runoff shall be determined through the use of the soil cover complex method as set forth in Urban Hydrology for Small Watersheds, Technical Release No. 55, or other equivalent method at the discretion of the Township Engineer, with specific attention given to antecedent moisture conditions, flood routing, and peak discharge specifications included therein and in Hydrology National Engineering Handbook, Section 4, both by the U.S. Department of Agriculture, Natural Resources Conservation Service (Soil Conservation Service). Note that use of TR-55 with many of the natural system-based approaches and practices recommended by this chapter requires that sites be subdivided into multiple detailed small sub-areas as necessary for TR-55 modeling.

(2) The Township Engineer may permit the use of the rational method for calculation of runoff on land developments of 10 acres or less and for the design of storm structures.

(a) In establishing the antecedent conditions for calculating runoff prior to land disturbance, the following assumptions shall apply:

[1] Average antecedent moisture conditions;

[2] A Type II distribution storm;

[3] Woodland shall be used as the prior condition for those portions of the site having trees of greater than six inches caliper DBH or where such trees existed within three years of application;

[4] Meadow shall be used for all other areas including areas of an impervious surface.

(b) In calculating runoff after development, those areas covered by concrete lattice blocks on an appropriate base, porous pavement areas on an appropriate base, and roof areas which drain to properly designed and installed storage/groundwater infiltration beds shall be considered adequate to infiltrate any increased runoff from a two-year storm.

I. Stormwater management standards during land disturbance.

(1) During the period of land disturbance, when significant sediment can be contained in runoff, this runoff shall be controlled prior to entering any proposed infiltration area.

(2) Peak discharges and discharge volumes from the site shall comply with the appropriate sections above as well as with guidance provided by the Chester County Conservation District. In situations of special sensitivity, the Township Engineer may increase requirements, such as requiring that the entire volume of all storms up to a two-year storm from the disturbed areas be retained on site and that special sediment trapping facilities (such as check dams, etc.) be installed.

J. Additional stormwater requirements.

(1) Stormwater management shall be provided to:

(a) Permit unimpeded flow of natural watercourses. In general, every effort shall be made to avoid any disturbance of the existing natural system of site drainage;

(b) Ensure adequate drainage of all low points along the line of streets or any other locations where stormwater concentration would cause problems;

(c) Intercept stormwater runoff along streets at intervals related to the extent and grade of the area drained;

(d) Provide positive drainage away from on-site sewage disposal facilities.

(2) If existing storm sewers are reasonably accessible, proposed subdivisions may connect therewith, provided that no other alternatives exist for managing stormwater at the sites themselves.

(3) In the design of stormwater facilities, special consideration will be given to avoidance of situations which may arise from concentration of stormwater runoff and to the solution of existing problems. The concentration of stormwater runoff onto adjacent properties shall be prohibited, unless waived by the Township due to special site conditions.

(4) When deemed necessary, storm collection and conveyance facilities shall be designed to meet the following criteria:

(a) Stormwater piping and inlet systems shall be designed for the twenty-five-year-frequency storm.

(b) Culverts across roadways shall be designed for the fifty-year-frequency storm.

(c) Other control measures to accommodate both volume control and peak rate control requirements, as necessary, though always with attention to safe passage of overflow.

(d) Those facilities at site low points shall be designed to accommodate the one-hundred-year storm.

(5) Where a subdivision or land development is traversed by a watercourse, drainageway, channel, or stream, there shall be provided a drainage easement conforming substantially to the high water line of such watercourse attributable to the one-hundred-year flood, in order to preserve the unimpeded flow of natural drainage and protect these critical natural functions. Changes to and impacts on the existing natural system of site drainage shall be avoided and shall be the option of last resort, subject to the approval of the Township Engineer and the Pennsylvania Department of Environmental Protection.

(6) The developer shall employ available measures for the control of erosion and sedimentation and shall meet as a minimum the standards and specifications of the USDA Soil Conservation Service, as then adopted for use by the Chester County Conservation District, and the guidelines under Chapter 102 of the Pennsylvania Department of Environmental Protection.

(7) Applicants, as part of the sedimentation and erosion control plan required in § 167-25, shall submit data, including dates where appropriate, demonstrating that the proposed subdivision or development will be carried out in accordance with the following principles:

(a) The smallest practicable land area shall be disturbed and exposed at any one time during construction.

(b) Land exposure shall occur for the shortest practicable time period.

(c) Temporary ditches, dikes, vegetation, mulching and/or one of the new erosion control products subject to the approval of the Township Engineer and Chester County Conservation District should be used to protect critical areas exposed during development or construction.

(d) Sedimentation basins (debris basins, desilting basins or sediment traps) shall be installed and maintained to remove sediment from runoff from disturbed areas.

(e) Where feasible, natural vegetation should be retained and protected, natural grade alterations minimized, and total site disturbance minimized.

(f) Permanent vegetation and erosion control structures should be installed as soon as practicable during construction activities.

(g) Increased runoff caused by altered soil and surface conditions during and after construction shall be accommodated effectively.

(8) All activities involving land disturbance shall be consistent with § 200-88 of West Brandywine Township Code, Chapter 220, Zoning, unless specific modification(s) are granted as part of subdivision or land development approval.

K. Special provisions for stormwater management systems relying on infiltration.

(1) Infiltration devices shall be selected based on suitability of soils and site conditions. Suitability of soils shall be determined by soil infiltration testing, with suitability typically defined as having minimum percolation rates of 0.5 inch per hour at the elevation of the bottom of the facility (lower rates can be acceptable in special situations).

(2) Soil infiltration testing shall be performed for all proposed infiltration areas; soil testing shall include evaluation of appropriate soil horizons with deep pits and percolation measurements, making sure to assess percolation rates at the proposed infiltration device bed bottom. Soil testing, including the frequency and locations of the tests, should be reviewed and approved by the Township. The design soil percolation rate shall be the average rate measured at each proposed area.

(3) The lowest elevation of the infiltration area shall be at least two feet above the seasonal high water table (SHWT) and bedrock.

[Amended 3-21-2002 by Ord. No. 02-01]

(4) All roof drains which discharge to infiltration systems shall have appropriate measures to prevent clogging by vegetation; roof drains should be connected directly to these infiltration systems.

[Amended 3-21-2002 by Ord. No. 02-01]

(5) All infiltration systems shall have appropriate positive overflow controls within one foot of the finished surface or grade.

(6) All infiltration systems shall have a setback of 15 feet from all residential structures and property lines. Seepage into subgrade structures shall be prevented.

(7) All infiltration systems shall be designed to infiltrate the stored volume within 48 hours.

(8) All surface inflows shall be designed to minimize the discharge of sediment into the infiltration system in order to prevent sediment accumulation, which reduces stormwater storage capacity and ultimately clogs the infiltration mechanism.[3]

[3] Editor's Note: Former Subsection K(9), regarding special provisions when using infiltration BMPs in carbonate areas, which immediately followed this subsection, was repealed 3-21-2002 by Ord. No. 02-01.

L. Need for basins, storm sewers, culverts, bridges and other structural installations. Basins, storm sewers, culverts, bridges and other structural installations shall be provided to safely accommodate stormwater, where natural nonstructural practices are not feasible and where stormwater flows otherwise would have an adverse impact on the environment and the general welfare of West Brandywine Township and its citizens in order to:

(1) Maintain natural hydrologic regimes of streams and watercourses. Such flows may be redirected as required, subject to the approval of PADEP.

(2) Promote drainage of all low points along the line of streets. Overflow swales shall be designed to convey the full one-hundred-year storm flows away from all street low points. These swales shall be located to prevent flooding of the downslope lots.

(3) Intercept stormwater runoff along streets at intervals reasonably related to the extent and grade of the area drained, and to prevent substantial flow of water across intersections or flooding of intersections during the design storm stipulated elsewhere in this chapter.

(4) Insure adequate and unimpeded flow of stormwater under driveways in, near, or across natural watercourses or drainage swales. Suitable pipes or other waterway openings shall be provided as necessary.

M. Design of basins (detention and retention), storm sewers, culverts, bridges and other structural installations.

(1) Standards for conventional basins shall meet requirements listed in this subsection. These standards may be waived by the Township in those cases where basins are modified in accordance with the principles set forth in the Comprehensive Stormwater Management Procedure (see Appendix A).[4] In general, basins are to be as shallow as possible, designed to conform to existing topography, and replanted with native vegetation to the maximum extent possible.

(a) Basins shall be installed prior to any earthmoving or land disturbances that they will serve. The phasing of their construction shall be noted in the erosion and sedimentation control narrative and on the sedimentation and erosion control plan. Permanent vegetation shall be established prior to denuding any other land, unless the basin functions as an E&S device.

(b) Basins shall be designed to provide for groundwater recharge wherever feasible. Soils used for the construction of basins shall have low-erodibility factors ("K factors"). The Township may require an impermeable liner to be installed up to the one-hundred-year design water surface elevation.

[Amended 3-21-2002 by Ord. No. 02-01]

(c) Energy dissipaters and/or level spreaders shall be installed at points where pipes or drainageways discharge from basins. Multiple outlet structures and multiple outlet piping from the basin may be required by the Township to reduce the impact of point discharges.

(d) The following slope restrictions shall apply to basins:

[1] Exterior slopes of compacted soil shall not exceed one foot vertical for three feet horizontal and may be further reduced if the soil has unstable characteristics.

[2] Interior slopes of the basin shall not exceed one foot vertical in three feet horizontal, except with approval of the Township, and:

[a] Where maximum water depth will not exceed two feet; or

[b] When a two-inch rainfall in one hour will not exceed the capacity of the basin in one hour; or

[c] Where concrete, stone or brick walls are used in conjunction with Township-approved best management practices and are used with side slopes proposed to be steeper than one foot vertical in three feet horizontal, the basin shall be fenced by a permanent fence 42 inches in height, and a ramp of durable, nonslip materials for maintenance vehicles shall be provided for access into the basin.

[3] The minimum bottom slope shall be 1% for grass and 1/2% for concrete paving. A concrete low flow channel may be required for basins where the distance from the inlet pipe to the outlet structure exceeds 100 feet, depending upon site conditions. The minimum channel width shall be four feet. The channel shall be constructed of six-inch-thick concrete (3,500 psi twenty-eight-day strength) over four inches of PADOT No. 2A stone.

(e) Basins shall also be designed to meet the following requirements:

[1] The minimum top of berm width shall be eight feet.

[2] Outlet pipes shall have a minimum diameter of 12 inches. For pipe lengths exceeding 100 feet, the minimum diameter shall be 15 inches.

[3] Properly spaced anti-seep collars shall be installed on all basin outlet pipes. Design calculations shall be provided.

[4] All basins shall be constructed with a compacted relatively impervious (Unified Soil Classification CL-ML or CL) key trench and core. The key trench shall extend at least two feet into undisturbed subsoil (below topsoil layer). The minimum bottom width of the trench shall be six feet, and the minimum top width of the core shall be four feet. The side slopes of the compacted core and trench shall not exceed one horizontal to one vertical, and the top elevation of the core shall be set at or above the twenty-five-year design water elevation.

[5] Except where permanent (wet) ponds are permitted to function as stormwater management basins, the maximum depth of any basin shall not exceed five feet from the basin bottom to the one-hundred-year routed storm elevation.

[Added 11-21-2002 by Ord. No. 02-05]

[6] Except where permanent (wet) ponds are permitted to function as stormwater management basins, all basins shall be designed such that the maximum depth of standing water at any point in time shall not exceed 18 inches as a result of a two-year, twenty-four-hour storm.

[Added 11-21-2002 by Ord. No. 02-05]

[7] Permanent (wet) ponds, where utilized for stormwater management purposes, shall be designed such that the increase in water elevation over the mean water elevation shall not exceed 18 inches as a result of a two-year, twenty-four-hour storm.

[Added 11-21-2002 by Ord. No. 02-05]

(f) Basin outlet structures and emergency spillways:

[1] Outlet structures within basins, which will control peak discharge flows and distribute the flows by pipes to discharge areas, shall be constructed primarily of concrete or masonry material and shall have child-proof, nonclogging trash racks over all design openings, except those openings designed to carry perennial stream flows. Trash rack material should be epoxy-coated galvanized or stainless steel. Other materials are subject to the approval of the Township.

[2] Six inches of freeboard shall be provided between the crest of the primary outlet structure and the invert of the emergency spillway.

[3] Emergency spillways shall be constructed in undisturbed earth wherever possible. When constructed in fill, sod, precast concrete paving blocks, or concrete shall be used. When using sod (restricted to those situations where velocity is less than three feet per second), it shall be applied along the inside slope above the twenty-five-year water surface elevation, along the face and sides of the spillway and down the outside slope to existing grade. Emergency spillways shall be designed to safely convey the one-hundred-year basin inflow hydrograph through the basin assuming the principal outlet is completely blocked and the basin water surface elevation is equal to the spillway invert elevation. A minimum of 12 inches of freeboard should be provided between the one-hundred-year-storm elevation and the top of the basin berm elevation.

(g) Basin inlet and outlet structures should be located at maximum distances from one another. The Township may require a rock filter berm or rock-filled gabions between inlet and outlet areas when the distance is deemed insufficient for sediment trappings.

(h) Stabilization measures shall be established on the sides of all earthen basins by hydroseeding within five days of initial construction (or conversion from sediment basin or sediment trap). Permanent revegetation shall be accomplished using native grass species, as appropriate. The Township may require jute or erosion-control matting to be installed inside the basin or on the basin embankment.

(i) Stormwater runoff shall discharge to a suitable natural drainage course (except where prohibited by riparian buffer area regulations of this chapter) or storm sewer system. Where not possible or not permitted, level spreading devices or other suitable facilities (i.e., swale) shall be designed with sufficient capacity to convey the one-hundred-year-storm event without creating any safety, flooding, or property hazard. Securing of necessary drainage easements for this purpose shall be the sole responsibility of the developer.

(j) The Township may require soil samples from the site to be analyzed to determine if these soils are suitable for berm embankment construction. If the soils are found to be unsuitable, the developer shall import suitable soils for constructing the basin.

[4] Editor's Note: Appendix A, Comprehensive Stormwater Management Procedure, is included at the end of this chapter.

(2) Swale design.

(a) Grass swales not specifically designed as BMP devices shall have a minimum bottom slope of 2%. Swales lining shall be designed based on the ten-year velocity. Swales shall have sufficient freeboard to convey the one-hundred-year-storm discharge without creating any safety or property hazard.

(b) Swales, when located outside of the Township right-of-way, shall be located within an easement not less than 20 feet wide but of sufficient width to allow access for maintenance and to convey the one-hundred-year storm. A note on the plan shall indicate that the easement allows the Township the right, though not the responsibility, to perform needed maintenance and/or repairs.

(3) Storm sewer design.

(a) Where storm sewers are required, they shall be placed immediately in front of the curb within the right-of-way.

(b) Storm sewers shall have a minimum diameter of 15 inches, and only reinforced cement concrete pipe shall be used where the Township will have ultimate maintenance responsibility. All storm sewers, sanitary sewers, water pipes, and other utilities beneath a paved surface shall be bedded and backfilled with PADOT No. 2A stone. This backfill shall be placed in six-inch lifts and solidly compacted to the satisfaction of the Township. The minimum grade of the pipe shall be 1/2%.

(c) For storm sewers not to be maintained by the Township, aluminized RCP pipe up to a maximum diameter of 48 inches may be used in lieu of concrete. The minimum diameter shall be 15 inches, and the minimum grade shall be 1/2%.

(d) Headwalls, endwalls, or endsections shall be required on all open pipes, and shall be of concrete construction and shall be set on a minimum of 12 inches of AASHTO No. 57 (PADOT 2B) coarse aggregate. Flared end sections, when allowed by the Township, shall be concrete.

(e) All storm sewers shall be constructed per PADOT specifications as outlined in Publication 408 Design Manual, Part 2, Highway Design and Standards for Roadway Construction, RC-Series, unless otherwise dictated by Township ordinance.

(f) Any changes in alignment shall be straight sections connected by inlets or manholes.

(g) When there is a change in pipe size through an inlet, the top inside elevation of the outlet pipe shall be at or below the top inside elevations of all incoming pipes. There should be a minimum of 0.2 of an inch difference in inlet and outlet inverts. Standard inlets are to be designed to accommodate a flow of four cubic feet per second (cfs), unless calculations are provided to demonstrate that a flow of 4 cfs shall be insufficient.

[Amended 3-21-2002 by Ord. No. 02-01]

(h) Storm sewer sizes shall be determined based upon the following design storm frequencies:

[1] Twenty-five years for single-family, residential subdivisions.

[2] Twenty-five years in all other subdivisions or land developments, unless otherwise specified by the Township.

(i) The design of storm sewer systems within the drainage area of detention or retention facilities must be analyzed for adequacy during the one-hundred-year storm, including the effects of the control facility tailwater. This may require a hydraulic grade line analysis. When approved by the Township, overflow swales may be provided at low points in streets to safely convey the full one-hundred-year peak flow to the control facility, in lieu of providing the full capacity in the storm sewer.

(j) Storm sewer design shall be based upon PADOT design methods. Inlet efficiency and bypass flow shall be determined for all inlets, and the gutter flow spread shall not exceed 1/2 the travel lane width or to a maximum of eight feet where parking is permitted. The Township may require that a hydraulic grade line analysis be performed on storm sewer systems.

(k) Culverts shall be evaluated for inlet and outlet control restrictions.

(l) Rainfall intensity curves and other hydraulic design data, provided by the Pennsylvania Department of Transportation and/or manufacturers of storm drainage structures, shall be used for design purposes.

(m) Manholes and/or inlets shall not be more than 300 feet apart on pipe sizes up to 24 inches, and not more than 400 feet apart on larger sizes.

(n) Inlets, manholes, covers and frames shall conform to Pennsylvania Department of Transportation specifications. At street intersections, every attempt should be made to place inlets in the tangent and not in the curved portion of the curbing.

(o) When precast concrete inlets or manholes are used within a street, a maximum of two courses of brick masonry or grade ring shall be placed to bring the grate or cover to proper elevation.

(4) [5]Design of bridges and culverts.

(a) Bridges and culverts shall have ample waterway to carry the design flows, based on a minimum storm frequency of 50 years, unless a larger design flow is required by PADEP. One-hundred-year water depths shall not exceed six inches above the roadway center-line elevation. Bridge and/or culvert construction shall be in accordance with the PADOT specifications and shall meet the requirements of the PADEP. The appropriate permits and approvals must be acquired by the applicant prior to final plan approval.

(b) Culverts shall be provided with wing walls and shall be constructed for the full width of the right-of-way. If the character of the road is expected to change for future planning, the cartway of the bridge shall be made to anticipate this condition. On each side of the bridge cartway, the bridge railing must be set back from the edge of the final cartway, and this area may be used to place sidewalks, present or future.

[5] Editor's Note: Former Subsection M(4), regarding rood drains, was repealed 10-15-2009 by Ord. No. 2009-06. This ordinance also provided for the redesignation of former Subsection M(5) as Subsection M(4).

N. Related site development requirements.

(1) Procedures for protecting soils or geologic structures with water supply potential from contamination by surface water or other disruption by construction activity shall be established in consultation with the Township. The Township may require pollution control facilities to be provided on existing or proposed stormwater management systems within or adjacent to the project site.

[Amended 3-21-2002 by Ord. No. 02-01]

(2) Provisions for maintaining predevelopment groundwater quality and the specific capacity of existing wells or other water supplies shall be established.

[Amended 3-21-2002 by Ord. No. 02-01]

(3) Graded slopes shall not be steeper than one vertical unit to three horizontal units, except that cut slopes up to one vertical unit to two horizontal units may be permitted where the Township is satisfied that such steeper cut slopes will reduce negative impacts of grading disturbance overall and that adequate erosion control is provided.

[Amended 3-21-2002 by Ord. No. 02-01]

(4) Any approvals required by the Steep Slope Conservation District in Article XIII of Chapter 220, Zoning shall be secured prior to earthmoving or stripping of vegetation.

(5) A minimum of four inches of topsoil shall be provided on all disturbed areas prior to final seeding and mulching.

(6) Mature healthy trees of at least eight inches DBH and other significant existing vegetation within the limits of earth disturbance shall be located in the field and on the storm drainage plan and shall be retained and protected. Such trees shall not be removed except as provided on the approved subdivision or land development plan. The filling of soil over the roots of trees to be preserved is prohibited. (Roots are presumed to extend out from the tree as far as the free's branches extend outward.)

(7) Special requirements for headwaters areas.

[Added 2-6-2003 by Ord. No. 03-02]

(a) Where permitted in headwaters areas, stormwater management infiltration and/or discharge facilities shall be located within the same first-order watershed as the impervious surfaces which are generating the stormwater runoff they are managing.

(b) Where permitted in headwaters areas, stormwater management facilities shall be designed and located so as to maximize groundwater infiltration and to maximize the probable length of time which infiltrated stormwater will remain in the groundwater system prior to ultimate natural discharge to a first-order stream. In general, this requirement shall be interpreted to favor dispersal of stormwater management facilities in upland locations as far removed from the ultimate receiving stream as practicable.

(c) All buildings located in headwaters areas shall be equipped with roof drainage devices draining directly into infiltration systems.

O. Comprehensive stormwater management plan requirement. As part of all applications for subdivision or land development plans and building permits, except those exempted by this chapter, a comprehensive stormwater management plan is required and must be reviewed and approved by the Township Engineer. This comprehensive stormwater management plan shall include the documentation called for in this section, at a minimum, unless specific provisions have been waived by the Township. This plan shall be submitted to the Chester County Conservation District, where appropriate, for its review and approval. Certain plan requirements are similar to site analyses requirements set forth in § 167-26 and need not be duplicated, if otherwise provided.

P. Comprehensive stormwater management plan content. The comprehensive stormwater management plan shall consist of two parts: a map or maps describing the topography of the area, the proposed alteration to the area, the proposed erosion and sedimentation control measures and facilities, and the proposed permanent stormwater control measures and facilities; and a narrative report describing the project and its compliance with applicable sections of this chapter, giving the purpose and the engineering assumptions and calculations for control measures and facilities. The following elements shall be included in the map and narrative portions of the plan (except where provided elsewhere as part of the preliminary subdivision or land development plan required by this chapter). The plan shall incorporate either directly or by reference the sedimentation and erosion control plan (also referred to as the conservation plan) as defined in § 167-25, as well as site analyses as defined in § 167-26. The comprehensive stormwater management plan shall include:

(1) A narrative summary of the project, including:

(a) General description of the project;

(b) General description of accelerated erosion control;

(c) General description of sedimentation control;

(d) General description of stormwater management, both during and after construction;

(e) Date project is to begin and expected date final stabilization will be completed.

(2) Mapping of various physical features of the project area, both existing and proposed, including:

(a) The location of the project relative to highways, municipal boundaries, and other identifiable landmarks;

(b) Property lines of the proposed project area;

(c) Contour lines at vertical intervals of not more than two feet for land with average natural slope of 10% or less, and at intervals of not more than five feet for land with average natural slope exceeding 10% (including location and elevation to which contour lines refer);

(d) Acreage or square footage of the project;

(e) Wetlands (both state and federal jurisdiction), streams, lakes, ponds, or other bodies of water within the subject property or within 100 feet of any boundary of the property; intermittent streams and natural drainageways also should be shown;

(f) Other significant natural features, including existing drainage swales, tree masses, and areas of trees and shrubs to be protected during construction;

(g) Proposed location of underground utilities, sewer and/or water lines;

(h) Scale of map and North arrow;

(i) Existing roads and easement.

(3) Mapping of the soils and underlying geology of the project area, including:

(a) Soil types, including depth, slope, texture, and structure;

(b) Hydrologic soil group classifications and soil-rated permeabilities, in inches per hour;

(c) Soil constraints, including depth to bedrock and depth to seasonal high water table;

(d) Geologic formations underlying the project area and extending 100 feet beyond all property boundaries;

(e) Describe aquifer characteristics of formations; highlight special formations such as limestone.

(4) A map of proposed alterations to the project area, including:

(a) Changes to land surface and vegetative cover, including zones of disturbance and zones of nondisturbance;

(b) Areas of cuts;

(c) Areas of fill;

(d) Structures, roads, paved areas, and buildings;

(e) Proposed stormwater control provisions, both nonstructural and structural facilities;

(f) Finished contours.

(5) Calculations and description of the amount of runoff from the project area and the upstream watershed area, in accordance with the terms of this chapter, including:

(a) Method of calculation and figures used (including square footages for impervious surfaces of buildings, driveways, parking areas, etc.);

(b) Factors considered.

(6) The time schedule for land disturbance activities, including:

(a) Cover removal, including all cuts and fills;

(b) Installation of erosion and sediment control facilities and practices;

(c) Installation of improvements, including streets, storm sewers, underground utilities, sewer and water lines, buildings, driveways, parking areas, recreational facilities, and other structures;

(d) Program of operations to convert erosion and sedimentation controls to permanent stormwater management facilities, including a chart of the relative time sequence of activities.

(7) Temporary control measures and facilities for use during land disturbance, in both map and narrative form, including:

(a) Purpose;

(b) Temporary facilities or other soil stabilization measures to protect existing trees and shrubs from land disturbance activities;

(c) Types, locations, and dimensioned details of erosion and sedimentation control measures and facilities;

(d) Design considerations and calculations of control measures and facilities;

(e) Facilities to prevent tracking of mud by construction vehicles onto existing roadways.

(8) The comprehensive stormwater management procedure report. The specific elements of this report are defined in Appendix A[6] and include responses to questions set out in the procedure; additional guidance regarding application of the procedure is available from the Township Engineer.

(a) It is the intent of West Brandywine Township to achieve the most effective stormwater management which achieves water quantity and water quality objectives in an optimal manner and at least cost. Because such optimal stormwater management will vary from site to site according to site conditions and will vary according to uses being proposed, stormwater management practices will vary as well. West Brandywine Township strongly encourages all applicants to abandon a conventional single solution/detention basin approach and to utilize a comprehensive approach designed to integrate site conditions into the stormwater management planning process. A process or procedure (comprehensive stormwater management procedure) has been set forth in Appendix A[7] which is intended to guide applicants through this process and ultimately to determine what stormwater practices to select and under what conditions. Additional technical references and guidance documents for stormwater management also are available at West Brandywine Township and can be accessed through the Township Engineer.

[7] Editor's Note: Appendix A, Comprehensive Stormwater Management Procedure, is included at the end of this chapter.

(b) Applicant responses developed during the course of completing the Appendix A comprehensive stormwater management procedure are to be compiled and presented to the Township as the comprehensive stormwater management procedure report. This report is to be included as part of the comprehensive stormwater management plan, as set forth in the next section.

(c) Selection of a competent and creative design engineer clearly is critical for successful subdivision/land development projects in West Brandywine Township. In order to achieve the standards which are included in this chapter, additional resources may be required in the process during preliminary engineering and design. The Township urges applicants to devote special care to the first stages of conceptual engineering in order to arrive at the best possible stormwater solutions as quickly as possible.

[6] Editor's Note: Appendix A, Comprehensive Stormwater Management Procedure, is included at the end of this chapter.

(9) Permanent stormwater management program (indicating, as appropriate, measures for groundwater recharge) and facilities for site restoration and long-term protection, in both map and narrative form, including:

(a) Purpose and relationship to the objectives of this chapter;

(b) Establishment of permanent vegetation or other soil stabilization measures;

(c) Installation of infiltration facilities, rooftop storage, cisterns, seepage pits, french drains, etc., to serve individual buildings;

(d) Use of semipervious materials for driveways, parking areas, etc.;

(e) Types, locations, and dimensioned details of facilities for stormwater detention and conveyance and for groundwater recharge;

(f) Design considerations and calculations supporting the stormwater management program;

(g) Location of drainage easements.

(10) Description of maintenance procedures.

(a) A narrative description of the maintenance procedures for both temporary and permanent control facilities, and of ownership arrangements, including:

[1] The methods and frequency of removing and disposing of sedimentation and other materials collected in control facilities, both during and upon completion of the project;

[2] The methods and frequency of maintaining all other control facilities, as necessary;

[3] The proposed ownership and financial responsibility for maintenance of the permanent control facilities, including drainage and other easements, deed restrictions, and other legally binding provisions.

(b) This description will result in a maintenance plan acceptable to the Township.

(11) A description of all chemicals or substances being stored outdoors on the property from which stormwater pollutants could be generated and provisions being taken to confine or contain potential pollution.

Q. Prohibitions.

[Added 10-15-2009 by Ord. No. 2009-06]

(1) Prohibited discharges.

(a) No person in the Township shall allow, or cause to allow, stormwater discharges which are not composed entirely of stormwater, or the depositing of any foreign materials, including but not limited to grass clippings, leaves or other yard wastes, onto or into any separate storm sewer system, whether public or private, except as provided in Subsection Q(1)(b) below, and discharges allowed under a state or federal permit.

(b) Discharges which may be allowed, based on a finding by the Township that the discharges do not significantly contribute to pollution to surface waters of the Commonwealth, are:

[1] Discharges from fire-fighting activities.

[2] Potable water sources, including dechlorinated water line and fire hydrant flushings.

[3] Irrigation drainage.

[4] Routine external building washdown that does not involve the use of detergents or other compounds.

[5] Air-conditioning condensate.

[6] Water from individuals' car washing.

[7] Spring water from crawl-space pumps.

[8] Uncontaminated water from foundation or footing drains.

[9] Flows from riparian habitats and wetlands.

[10] Lawn watering.

[11] Pavement wash waters where spills or leaks or toxic or hazardous materials have not occurred (unless all spill material has been removed) and where detergents are not used.

[12] Dechlorinated swimming pool discharges.

[13] Uncontaminated groundwater.

(c) In the event that the Township determines that any of the discharges identified in Subsection Q(1)(b) significantly contribute to pollution of waters of the commonwealth, or is so notified by the DEP, the Township will notify the responsible person to cease the discharge.

(d) Upon notice provided by the Township under Subsection Q(1)(c), the discharger will have a reasonable time, as determined by the Township, to cease the discharge consistent with the degree of pollution caused by the discharge.

(e) Nothing in this section shall affect a dishcharger's responsibilities under state law.

(2) Prohibited connections.

(a) The following connections are prohibited, except as provided in § 167-61Q(1)(b):

[1] Any drain or conveyance, whether on the surface or subsurface, which allows any non-stormwater discharge, including sewage, process wastewater and wash water, to enter the separate storm sewer system, and any connections to the storm drain system from indoor drains and sinks; and

[2] Any drain or conveyance connected from a commercial or industrial land use to the separate storm sewer system which has not been documented in plans, maps, or equivalent records, and approved by the Township and the Township Engineer.

(3) Roof drains.

(a) Roof drains shall not be connected to streets, sanitary or storm sewers or roadside ditches, except as provided in § 167-61Q(3)(b).

(b) When it is more advantageous to connect directly to streets or storm sewers, connections of roof drains to streets or roadside ditches may be permitted by the Township upon the review and recommendation by the Township Engineer.

(c) Roof drains shall discharge to infiltration areas or vegetation BMPs to the maximum extent practicable.

(4) Alterations of BMPs.

(a) No person shall modify, remove, fill, landscape or alter any existing stormwater BMP, unless it is part of an approved maintenance program, without the written approval of the Township.

(b) No person shall place any structure, fill, landscaping or vegetation into a stormwater BMP or within a drainage easement, which would limit or alter the functioning of the BMP and/or any other component of the municipal separate storm sewer system (MS4) without the written approval of the Township and Township Engineer.

§ 167-62 Public open spaces.

A. In reviewing subdivision and development plans, the Township Planning Commission shall consider whether community facilities, especially public open spaces, in the area are adequate to serve the needs of the additional dwellings proposed by the subdivision, and shall make such report thereon as it deems necessary in the public interest.

[Amended 7-2-1992 by Ord. No. 92-03]

B. Subdividers shall give earnest consideration to the desirability of providing or reserving areas for facilities normally required in residential neighborhoods, including churches, libraries, schools and other public buildings; parks, playgrounds and playfields; shopping and local business centers. Areas provided or reserved for such community facilities should be adequate to provide for building sites, landscaping and off-street parking as appropriate to the use proposed. Prior to the preparation of plans, subdividers of large tracts should review with the staff of the County Planning Commission the minimum standards for various community facilities applicable to the tract being subdivided.

C. In subdivisions which are intended to provide housing for more than 10 families or any subdivision that includes a new public street that is offered for dedication to the Township, the Township Planning Commission shall consider the need for suitable open areas for recreation and shall make recommendations thereon.

[Amended 7-2-1992 by Ord. No. 92-03]

(1) The Board of Supervisors shall require, at a minimum, that the following amount of playground and neighborhood park acreage be provided:

	Families to be Served	Minimum Playground and Neighborhood Park Acreage to be Recommended
	10 to 24	1.0
	25 to 49	2.0
	For each additional 50 families or fraction thereof	1.0

(2) Such area or areas may be dedicated to the Township by the subdivider if the Board of Supervisors approves such dedication.

(3) The subdivision plan shall provide such open space recreational areas as the shall be recommended by the Planning Commission. Such areas may be retained in private ownership by an association of homeowners in the subdivision or may, at the option of the developer and with permission of the Township, be dedicated for public use.[1]

[1] Editor's Note: Former Subsections D and E, regarding fee-in-lieu of land reservation, which immediately followed this subsection, were repealed 7-2-1992 by Ord. No. 92-03.

D. Open space characteristics and design standards. In designating areas for open space and recreation within the subdivision or land development plan, the following criteria and standards shall be adhered to by the applicant. Areas shall be:

(1) Consistent with the Township's Comprehensive Plan.[2]

[2] Editor's Note: See Ch. A206, Comprehensive Plan.

(2) Suitable for active recreational uses to the extent deemed necessary by the Board, without interfering with adjacent dwelling units, parking, driveways, and roads.

(3) Comprised of no more than 30% environmentally-sensitive lands (including floodplains, woodlands, slopes exceeding 15%, and surface waters).

(4) Comprised of areas not less than 75 feet in width, and not less than 15,000 square feet of contiguous area, except when part of a trail system or pathway network.

(5) Interconnected with common open space areas on abutting parcels wherever possible, including provisions for pedestrian pathways for general public use to create linked pathway systems within the Township.

(6) Provided with sufficient perimeter parking when necessary, and with safe and convenient access by adjoining street frontage or other rights-of-way or easements capable of accommodating pedestrian, bicycle, maintenance and vehicle traffic, and containing appropriate access improvements.

(7) Undivided by any public or private streets, except where necessary for proper traffic circulation, and then only upon recommendation of the Township Engineer and Planning Commission.

(8) Free of all structures, except those related to outdoor recreational use.

(9) Suitably landscaped either by retaining existing natural cover and wooded areas and/or by a landscaping plan for enhancing open space areas through plantings which are consistent with the purposes of this section and which minimize maintenance costs.

(10) Made subject to such agreement with the Township and such deed restrictions duly recorded in the office of the County Recorder of Deeds as may be required by the Board for the purpose of preserving the common open space for such use.

(11) Open space should include both active and passive recreation areas for all age groups and particularly where the site includes a watercourse or hilly or wooded areas, land which is left in its natural state.

[Added 7-2-1992 by Ord. No. 92-03]

(12) At least 1/2 of open space shall have a natural slope of 5% or less that existed predevelopment.

[Added 7-2-1992 by Ord. No. 92-03]

E. Ownership and maintenance. The open space shall be owned and maintained as per Chapter 200, Zoning, Article XXII, Open Space Design Option.

[Amended 12-21-2000 by Ord. No. 2000-04]

§ 167-63 Natural features protection.

A. Consideration shall be shown for all natural features, such as large trees, watercourses, historic areas and structures, and similar community assets which, if preserved, will add attractiveness and value to the remainder of the subdivision. Trees shall be preserved wherever possible.

B. No portions of tree masses or trees with caliper of eight inches or greater shall be cleared unless clearly necessary. Developers shall make all reasonable efforts to harmonize their plans with the preservation of existing trees.

C. Where a proposed subdivision or development necessitates the clearing of trees or portions of tree masses, developers shall be guided by the following criteria in selecting trees and ornamentals for retention or clearing:

(1) Aesthetic values, including autumn coloration, type of flowers and fruit, bark and crown characteristics, amount of dieback present;

(2) Susceptibility of tree to insect and disease attack and to air pollution;

(3) Species longevity;

(4) Wind firmness and characteristic of soil to hold trees;

(5) Existence of disease, rot or other damage to the tree; and

(6) Protection of buildings (e.g., dead and large limbs hanging over buildings should be removed.)

D. Developers shall exercise care to protect trees from damage during construction. Tree removal shall be limited to the actual construction site necessary to build and move construction equipment.

§ 167-64 Conservation of riparian buffer areas.

[Added 8-6-1998 by Ord. No. 98-07]

A. Purpose.

(1) This section is intended to further the objectives of the West Brandywine Township Open Space, Recreation and Environmental Resources Plan[1] by comprehensively addressing all water resource protection benefits provided by riparian buffer areas, including the following:

(a) Reduction of the amount of nutrients, sediment, organic matter, pesticides, and other harmful substances that reach watercourses through subsurface and surface flow pathways through scientifically proven natural processes including filtration, deposition, absorption, adsorption, plant uptake, and denitrification, and by improving infiltration, sheet flow, and stabilizing concentrated flows. The consumption of nitrogen and denitrification in surface and groundwater and the trapping of phosphorus-laden sediment and other pollutants resulting from adjacent land uses, thereby protecting water quality are critical.

(b) Provision of shade which moderates stream temperature and protects fish habitat by retaining more dissolved oxygen and encouraging the growth of diatoms, beneficial algae and aquatic insects.

(c) Provision for stream bank stability which protects fish habitat and controls sediment and erosion. Tree roots consolidate the soils of floodplain and stream banks, reducing the potential for severe bank erosion.

(d) Provision of organic matter through leaves which fall into the stream and are trapped on woody debris (fallen trees and limbs) and rocks where they provide food and habitat for small bottom dwelling creatures (such as insects, amphibians, crustaceans and small fish) which are critical to the aquatic food chain.

(e) Conserves the natural features important to land or water resource (e.g., headwater areas, groundwater recharge zones, floodway, floodplain, springs, streams, woodlands, prime wildlife habitats) which exist on developed and undeveloped land.

[1] Editor's Note: See Ch. A207, Open Space, Recreation and Environmental Resources Plan.

(2) Application of these provisions is intended to modify the location of development in relation to specified water resource areas but not to modify its overall intensity. Where any applicant demonstrates to the satisfaction of the Board of Supervisors that strict adherence to these provisions will render the lot or tract subject to application unusable or unsuitable for development in accordance with applicable zoning district regulations, or satisfies the Board that alternative design provisions shall achieve similar conservation objectives, the Board of Supervisors may waive compliance as appropriate. In waiving strict compliance with riparian buffer provisions, the Board may require that land disturbance within the riparian buffer area be limited to the minimum practicable extent necessary to accommodate lawful use of the tract or lot and/or may require that alternative means to achieve the conservation objectives, above, be incorporated into applicable land development plans.

B. Required riparian buffer. No land disturbance shall be permitted within any riparian buffer as defined in § 167-6, except for the following:

(1) Timber harvesting in accordance with a woodland management plan submitted to the Township and prepared by a professional forester acceptable to the Township;

(2) Vegetation management in accordance with an approved landscape plan or open space management plan if any;

(3) Customary agricultural practices in accordance with a soil conservation plan approved by the Chester County Conservation District;

(4) Regulated activities permitted by the Commonwealth (i.e., permitted stream or wetland crossing or other encroachment).

C. Limitation to vegetation management within riparian buffer. Except for regulated activities permitted by the commonwealth, provision for unpaved trail access, and selective removal of hazardous or invasive alien vegetative species, no woodland disturbance or other land disturbance, shall be permitted within 15 feet of the outermost limit of any wetland or streambank, measured horizontally. In headwaters areas, this limitation shall be extended to 25 feet, measured in the same manner.

[Amended 2-6-2003 by Ord. No. 03-02]

D. Required riparian reforestation. In approving any subdivision or land development submission or conditional use application, where applicable, and except where modified at the sole discretion of the Township, the Township shall require that any riparian buffer area not presently in woodland be reforested in coordination with implementation of any applicable landscape and/or open space management plan(s). Particular consideration shall be given to reforestation of riparian buffer areas located within headwaters areas.

[Added 2-6-2003 by Ord. No. 03-02[2]]

[2] Editor's Note: This ordinance also redesignated former Subsection D as Subsection E.

E. Riparian management planning.

(1) Applicant shall specify, as part of preliminary and final plan submission, the long-term management provisions which will be established for any riparian buffer area, aiming to minimize land disturbance within the buffer area. Such management provisions shall be indicated in narrative and/or graphic form of sufficient detail to satisfy the Township that the following issues can be adequately addressed:

(a) The manner in which any riparian buffer will be owned and by whom it will be managed and maintained;

(b) The conservation and/or land management techniques and practices which will be used to conserve and protect such areas, as applicable; and

(c) The professional and personnel resources that are expected to be necessary in order to maintain and manage the property.

(2) Where applicable, applicants are strongly encouraged to seek woodland management assistance through the Pennsylvania "Forest Stewardship Program" administered by the Pennsylvania Bureau of Forestry.

§ 167-65 Conservation of woodlands, hedgerows and specimen vegetation.

[Added 8-6-1998 by Ord. No. 98-07]

A. Purpose. This section is intended to further the objectives of the West Brandywine Township Open Space, Recreation and Environmental Resources Plan[1] by promoting conservation of woodland, hedgerow and specimen vegetation throughout the Township through establishment of specific limitations to land development activities, replacement requirements, and management planning provisions. The provisions of this section do not apply to customary agricultural, horticultural, vegetation management or landscaping activities not otherwise subject to building permit application or subdivision and land development regulation.

[Amended 11-21-2002 by Ord. No. 02-05]

[1] Editor's Note: See Ch. A207, Open Space, Recreation and Environmental Resources Plan.

B. Limitations to woodland disturbance.

(1) Developers shall make all reasonable efforts to harmonize their plans with the preservation of existing trees. Woodland disturbance, including alteration or removal of any hedgerows shall be minimized. No portions of tree masses or trees with eight-inch or greater dbh shall be removed unless clearly necessary to effectuate the proposed development.

(2) No specimen vegetation shall be removed from any lot or tract except where applicant demonstrates to the satisfaction of the Board of Supervisors that such removal is essential to eliminate hazardous condition(s) or otherwise permit lawful use of the lot or tract; where permitted, removal of specimen vegetation shall be minimized. Where any specimen vegetation is removed, replacement plantings shall be required as provided in § 167-65C below. Specimen trees to be retained shall be credited toward any tree replacement required as provided in § 167-65C.

[Amended 11-21-2002 by Ord. No. 02-05]

(3) Woodland replacement in accordance with § 167-65C below shall be required as follows:

[Amended 11-21-2002 by Ord. No. 02-05]

(a) Woodland replacement shall be required wherever permitted woodland disturbance on any lot or tract involves more than 10,000 square feet of woodland area for each principal use permitted or disturbance to more than 25% of all woodland areas located on such lot or tract, whichever is less. In headwaters areas, this threshold for woodland replacement shall be reduced to 10% of all woodland areas on the affected lot or tract which are located within headwaters areas.

[Amended 2-6-2003 by Ord. No. 03-02]

(b) For purposes of this section, the extent of any area of woodland disturbance shall be measured to include the entire area within the dripline of any tree part of a woodland, where any part of the area within the dripline of such tree is subject to woodland disturbance.

(c) The extent of any area of woodland disturbance applicable toward required replacement also shall be measured so as to include any area where timber harvesting or woodland disturbance has occurred within the previous five years which would have met the definition of woodland prior to timber harvesting or disturbance, whether or not land disturbance is proposed in such area in accordance with the subject application. Where current evidence of the extent of such area(s) no longer exists physically, the extent of such areas shall be established from aerial photography or other suitable record.

(4) When proposed development necessitates woodland disturbance, the developer shall be guided by the following criteria in selecting vegetation for retention or clearing:

(a) The location(s) and benefit of conservation of healthy mature woodland stands;

(b) The impacts, in terms of functions and values to wildlife, of separating, dividing and/or encroaching on wildlife travel corridors and/or extensive habitat areas, especially woodlands exceeding 10 acres in area.

(c) Aesthetic values (such as but not limited to autumn coloration, types of flower and fruit, bark and crown characteristics, amount of dieback present).

(d) Susceptibility to insect attack and/or disease.

(e) Species longevity.

(f) Wind firmness and capability of soil to hold trees.

(g) Existence of disease, rot, or other damage to the tree (trees in poor physical condition should be removed).

(h) Protection of buildings (e.g., dead and large limbs hanging over buildings should be removed).

(5) In areas of permitted woodland disturbance and areas adjacent to permitted woodland disturbance, care shall be exercised to protect remaining trees from damage. To the maximum extent practicable, the following procedures shall be utilized during construction in order to protect remaining trees:

(a) Where existing trees are to remain, no change in existing grade shall be permitted within the drip line of the trees. Appropriate fencing or other means of demarkation acceptable to the Board of Supervisors shall be placed at the drip line of trees to remain, wherever adjacent to proposed construction. Such fencing shall be maintained in place throughout the duration of construction activity. Roots shall not be cut within the dripline of any trees to remain.

(b) Trees within 25 feet of a building, or bordering entrances or exits to building sites, shall be protected by a temporary barrier to be maintained in place throughout the duration of construction activity.

(c) No boards or other material shall be nailed or otherwise attached to trees during construction.

(d) Construction materials, equipment, soil and/or debris shall not be stored nor disposed of within the drip lines of trees to remain, except for mulched vegetative matter used to prevent soil compaction.

(e) Tree trunks, limbs, and exposed roots damaged during construction shall be protected from further damage by being treated immediately in accordance with accepted professional landscape procedures.

C. Required vegetation replacement.

(1) Calculation of required plantings.

[Amended 11-21-2002 by Ord. No. 02-05]

(a) Where woodland disturbance involves more than the maximum area permitted under § 167-65B(3) above (i.e., 10,000 square feet per principal use or 25% of woodland area, as applicable), one tree and two shrubs shall be planted for each 300 square feet of woodland disturbance area, or fraction thereof, in excess of the maximum permitted area of disturbance. Required replacement plantings shall be in addition to any required street trees or any other landscape material required under applicable provisions of this chapter.

[Amended 1-21-2021 by Ord. No. 2021-01]

(b) To the quantity of required replacement plantings calculated as above shall be added additional replacement trees where any specimen vegetation is removed. Sufficient additional replacement trees shall be added such that the sum of the caliper of each of the additional replacement trees shall equal the sum of the diameter at breast height (dbh) of all specimen vegetation removed.

(c) All specimen vegetation to be retained on any tract proposed for subdivision or land development shall be credited toward any tree replacement requirement, at a rate of one tree credited for each six inches of the sum of the diameter at breast height (dbh) of all specimen vegetation to be retained.

(2) Plantings.

(a) Plantings used to comply with the minimum number of replacement plantings required as above shall be:

[1] Trees - three-inch caliper, minimum;

[2] Shrubs - 24 to 30 inches in height, minimum.

(b) Plantings and their measurement shall conform to the standards of the publications "American or U.S.A. Standard for Nursery Stock", ANSI or U.S.A.S. Z60.1 of the American Association of Nurserymen, as amended. All plant material used on the site shall have been grown within the same USDA hardiness zone as the site and shall be nursery grown, unless it is determined by the Township that the transplanting of trees partially fulfills the requirements of this section. At the discretion of the Township, replacement trees required as above, may be substituted by trees of at least one-and-one-half-inch caliper at a ratio of three trees for each one tree otherwise required.

(3) Species of replacement plantings selected and planting locations shall reflect careful site evaluation and in particular the following considerations:

(a) Existing and proposed site conditions and their suitabilities for the plant materials, based upon the site's geology, hydrology, soils, and microclimate.

(b) Specific functional and design objectives of the plantings, which may include but not necessarily be limited to: replacement of woodland area removed, enhancement of existing woodland or oldfield area(s), reforestation of riparian buffer areas, provision for landscape buffer, visual screening, noise abatement, energy conservation, wildlife habitats, and aesthetic values. Where applicable, all replacement plantings shall be located within the same first-order watershed as the woodland disturbance requiring replacement.

[Amended 2-6-2003 by Ord. No. 03-02]

(c) Maintenance considerations such as hardiness, resistance to insects and disease, longevity, and availability.

(d) Because of the many benefits of native plants (ease of maintenance, longevity, wildlife habitat, etc.), the use of nursery-grown free-fruiting native trees and shrubs is strongly encouraged. Species selection should reflect species diversity characteristic of the native deciduous woodland. Applicants are advised to refer to the suggested plant list in § 167-66.1 of the Subdivision and Land Development Ordinance.

[Amended 1-21-2021 by Ord. No. 2021-01]

(4) The species, sizes, and locations of required replacement plantings shall be acceptable to the Board of Supervisors. The Board of Supervisors at its sole discretion may approve the location of replacement plantings on lots or tracts other than that under application, where such placement furthers the objectives of this chapter.

(5) In lieu of actual tree and/or shrub replacement, the Township may, at its sole discretion, require the applicant to place the equivalent cash value, as agreed upon by the Township and the applicant, of some or all of the required replacement plantings into a special fund established for that purpose. Such funds shall be utilized for the purchase and installation of trees, shrubs, or other landscape material elsewhere in the Township at the discretion of the Township.

[Added 11-21-2002 by Ord. No. 02-05]

D. Woodland management planning. Applicant shall specify, as part of preliminary and final plan submission, the long-term management provisions which will be established for any woodland area not subject to woodland disturbance and any area selected for introduction of replacement plantings in accordance with § 167-65C. Such management provisions shall be indicated in narrative and/or graphic form of sufficient detail to satisfy the Township that the following issues can be adequately addressed: the manner in which any retained woodland area will be owned and by whom it will be managed and maintained; the conservation and/or land management techniques and practices which will be used to conserve and protect such areas, as applicable; and the professional and personnel resources that are expected to be necessary in order to maintain and manage the property. A statement of woodland management objectives also shall be included and shall demonstrate to the satisfaction of the Board of Supervisors the feasibility of intended management practices, aiming to ensure the success of stated objectives, including the viability of introduced plantings, deterrence of invasive species, and means to minimize any future woodland disturbance. Applicants are strongly encouraged to seek woodland management assistance through the Pennsylvania "Forest Stewardship Program" administered by the Pennsylvania Bureau of Forestry.

E. Replacement guarantee. All replacement plantings shall be guaranteed and maintained in a healthy and/or sound condition for at least 18 months or shall be replaced. Installation of replacement plantings and any other required landscape improvements shall be guaranteed along with all other site improvements in accordance with § 167-72 of this chapter. The costs of landscape material and installation shall be considered in determining the amount of any performance guarantee required. At the Township's discretion, the applicant may be required to escrow sufficient additional funds for the maintenance and/or replacement of the proposed vegetation during the eighteen-month replacement period. In addition, an escrow may be required for the removal and replacement of specimen vegetation damaged during construction.

§ 167-66 Outdoor lighting.

[Added 4-20-2000 by Ord. No. 00-02]

A. Purpose. The purpose of this section is to require and set minimum standards for outdoor lighting to:

(1) Provide lighting in outdoor public places where public health, safety and welfare are potential concerns.

(2) Protect drivers and pedestrians from the glare of nonvehicular light sources that shine into their eyes and thereby impair safe traverse.

(3) Protect neighbors and the night sky from nuisance glare and stray light from poorly aimed, placed, applied, maintained or shielded light sources.

(4) Protect and retain the rural character of the Township.

B. Applicability.

(1) Uses that are intended to operate during hours of darkness where there is public assembly and traverse, including but not limited to the following: multifamily residential, residential developments containing lot sizes of 20,000 square feet or less, commercial, industrial, public recreational/sports, institutional uses and signs, shall be subject to the requirements of Subsection D, Criteria - intense applications, as well as Subsections F through I.

(2) Single-family residential uses and single-family residential developments whose minimum lot size is greater than 20,0000 square feet, and agricultural uses, shall be subject to the requirements of Subsection E, Criteria - Residential and agricultural applications, as well as Subsection F(1), Compliance monitoring: Safety hazards.

C. Definitions. Definitions of terms used in the Code of the Township of West Brandywine are set forth in Chapter 1, General Provisions, Article III, Terminology.

[Amended 12-21-2000 by Ord. No. 2000-04]

D. Criteria - intense applications.

(1) Illumination levels.

(a) Lighting, where required by this section, shall have intensities and uniformity ratios in accordance with the current recommended practices of the Illuminating Engineering Society of North America (IESNA) as contained in the IESNA Lighting Handbook.

(b) Future amendments to said recommended practices shall become a part of this section without further action of the Township.

(c) Examples of intensities for typical outdoor applications, as extracted from the 8th Edition of the Lighting Handbook, are presented below.

	Use/Task		Maintained Footcandle	Uniformity Avg.: Min.
	Streets, local commercial		0.9 Avg.	6:1
	Residential		0.4 Avg.	6:1
	Parking, multifamily residential,
		Low vehicular/pedestrian activity	0.2 Min.	4:1
		Medium Vehicular/pedestrian activity	0.6 Min.	4:1
	Parking, industrial/commercial/ institutional/municipal
		High activity, e.g., regional shopping centers/fast food facilities, major athletic/ cultural/civic/cultural events	0.9 Min.	4:1
		Medium activity, e.g., community shopping centers, office parks, hospitals, commuter lots, civic/recreational events	0.6 Min.	4:1
		Low activity, e.g., neighborhood shopping, industrial employee parking, schools, church parking	0.2 Min.	4:1
	Sidewalks		0.5 Avg.	5:1
	Building entrances, commercial, industrial, institutional		5.0 Avg.	--

	NOTES:
		Illumination levels are maintained horizontal footcandles on the task (e.g., pavement or area surface).
		Uniformity ratios dictate that average illuminance values shall not exceed minimum values by more than the product of the minimum value and the specified ratio [e.g., for commercial parking high activity, the average footcandles shall not be in excess of 3.6 (0.9 x 4)].

(2) Lighting fixture design.

(a) Fixtures shall be of a type and design appropriate to the lighting application and aesthetically acceptable to the Township.

(b) For lighting horizontal tasks such as roadways, sidewalks, entrances and parking areas, fixtures shall meet IESNA "full-cutoff" criteria (no light output emitted above 90° at any lateral angle around the fixture). Individual fixtures whose aggregate lamp output does not exceed 1,800 lumens are exempt from this requirement.

(c) The use of floodlighting, spotlighting, wall-mounted fixtures, decorative globes and spheres and other fixtures not meeting IESNA "full-cutoff" criteria shall be permitted only with the approval of the Township, based upon applicability in retaining the rural character of the Township and achieving acceptable glare control.

(d) When requested by the Township, fixtures shall be equipped with or be modified to incorporate light directing and/or shielding devices such as shields, visors, skirts or hoods to redirect offending light distribution and/or reduce direct or reflected glare.

(e) NEMA-head fixtures, a.k.a., "barn lights" or "dusk-to-dawn lights," shall not be permitted where they are visible from other uses unless fitted with a reflector to render them full-cutoff.

(3) Control of nuisance and disabling glare.

(a) All lighting shall be aimed, located, designed, fitted and maintained so as not to present a hazard to drivers or pedestrians by impairing their ability to safely traverse and so as not to create a nuisance by projecting or reflecting objectionable light onto a neighboring use or property.

(b) Floodlights and spotlights, where specifically approved by appropriate officers or agents of the Township, shall be so installed or aimed that they do not project their output into the windows of neighboring residences, adjacent uses, skyward or onto a public road.

(c) Unless otherwise permitted by the appropriate officers or agents of the Township, e.g., for safety or security or all-night operations, lighting for commercial, industrial, public recreational and institutional applications shall be controlled by automatic switching devices, such as time clocks or combination motion detectors and photocells, to permit extinguishing offending sources between 11:00 p.m. and dawn, to mitigate nuisance glare and sky-lighting consequences.

(d) Lighting proposed for use after 11:00 p.m., or after the normal hours of operation for commercial, industrial, institutional or municipal applications, shall be reduced by 75% from then until dawn, unless supporting a specific purpose and approved by the appropriate officers or agents of the Township.

(e) Vegetation screens shall not be employed to serve as the primary means for controlling glare. Rather, glare control shall be achieved primarily through the use of such means as cutoff fixtures, shields and baffles, and appropriate application of fixture mounting height, wattage, aiming angle and fixture placement.

(f) The intensity of illumination projected onto a residential use from another property shall not exceed 0.1 vertical footcandle, measured line-of-site at the property line.

(g) Externally illuminated billboards shall be lighted by fixtures mounted at the top of the sign and aimed downward. Such fixtures shall be automatically extinguished between the hours of 11:00 p.m. and dawn except as specifically approved by appropriate officers or agents of the Township.

(h) Except as specifically approved by appropriate officers or agents of the Township, fixtures meeting IESNA "full-cutoff" criteria shall not be mounted in excess of 20 feet above finished grade, and fixtures not meeting IESNA "cutoff" criteria shall not be mounted in excess of 16 feet above grade.

(i) Directional fixtures for such applications as facade, fountain, feature and landscape illumination shall be aimed so as not to project their output beyond the objects intended to be illuminated, shall be extinguished between the hours of 11:00 p.m. and dawn and shall not be in conflict with the Township's aim to maintain its rural character.

(j) Canopy lighting, for such applications as gas/service stations, shall be accomplished using flat-lens full-cutoff fixtures aimed straight down and shielded in such a manner that the lowest opaque edge of the fixture shall be level with or below the light source.

(4) Plan submission.

(a) For subdivision and land development applications where site lighting is required by this section or proposed, lighting plans shall be submitted to the Township for review and approval and shall include:

[1] A site plan, complete with all structures, parking spaces, building entrances, traffic areas (both vehicular and pedestrian), vegetation that might interfere with lighting, and adjacent uses that might be adversely impacted by the lighting, containing a layout of all proposed fixtures by location and type.

[2] Isofootcandle plots for individual fixture installations, or ten-foot by ten-foot luminance-grid plots for multifixture installations, which demonstrate compliance with the intensity and uniformity requirements as set forth in this section.

[3] Description of the proposed equipment, including fixture catalogs cuts, photo metrics, glare reduction devices, lamps, on/off control devices, mounting heights, pole foundation details and mounting methods.

(b) When requested by appropriate officers or agents of the Township, applicant shall also submit a visual-impact plan that demonstrates appropriate steps have been taken to mitigate on-site and off-site glare and to retain the rural character of the Township.

(c) Post-approval alterations to lighting plans or intended substitutions for approved lighting equipment shall be submitted to the Township for review and approval.

(5) Installation.

(a) For new installations, electrical feeds for fixtures mounted on poles shall be run underground, not overhead.

(b) Poles supporting lighting fixtures for the illumination of parking areas and located directly behind parking spaces or where they could be hit by snowplows shall be placed a minimum of five feet outside paved area, or on concrete pedestals at least 30 inches high above the pavement or suitably protected by other approved means.

(6) Post-installation inspection. The Township reserves the right to conduct a post-installation nighttime inspection to verify compliance with the requirements of this section, and if appropriate, to require remedial action at no expense to the Township.

(7) Maintenance. Lighting fixtures and equipment shall be maintained so as always to meet the requirements of this section.

E. Criteria - residential and agricultural uses.

(1) For single-family residential uses on lots of greater than 20,000 square feet, residential subdivisions in which all lots are greater than 20,000 square feet and agricultural uses, the following criteria shall apply:

(a) No lighting shall be permitted that shines directly onto an adjacent residence unless it is extinguished by 11:00 p.m. or controlled by a motion sensor.

(b) No lighting shall be permitted that creates a hazard by shining onto a public right-of-way.

(c) Floodlights and other directional fixtures aimed toward an adjacent residential use shall be extinguished by no later than 11:00 p.m.

F. Compliance monitoring.

(1) Safety hazards.

(a) If appropriate officers or agents of the Township judge a lighting installation creates a safety or personal-security hazard, the person(s) responsible for the lighting shall be notified in writing and required to take remedial action.

(b) If appropriate corrective action has not been effected within 30 days of written notification, the Township may commence legal action as provided in Subsections I and J below.

(2) Nuisance glare and inadequate illumination levels.

(a) When appropriate officers or agents of the Township judge an installation produces unacceptable levels of nuisance glare, skyward light, excessive or insufficient illumination levels or otherwise varies from this section, Township may cause written notification of the person(s) responsible for the lighting and require appropriate remedial action.

(b) If appropriate corrective action has not been effected within 30 days of notification, the Township may commence legal action as provided in Subsections I and J below.

G. Nonconforming lighting. Any lighting fixture or lighting installation existing on the effective date of this section that does not conform with the requirements of this section shall be considered as lawful nonconformance subject to the following:

(1) Unless minor corrective action, such as remaining or shielding, is deemed by the Township to be an acceptable alternative, a nonconforming lighting or lighting installation shall be made to conform with the applicable requirements of this section when:

(a) It is deemed by the Township to create a safety hazard.

(b) It is replaced, abandoned or relocated.

(c) There is a change in use.

H. Violations and penalties.

(1) Any person who violates or permits a violation of this section shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a District Justice, pay a fine of not more that $500, plus all court costs, including reasonable attorney's fees, incurred by the Township in the enforcement of this ordinance. No judgment shall commence or be imposed, levied or payable until the date of the determination of the 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 a violation exists shall constitute a separate offense.

(2) The appropriate officers or agents of the Township are hereby authorized to seek legal and/or equitable relief, including injunction, to enforce compliance with this section.

I. Abatement of nuisances. In addition to any other remedies provided in this section, any violation of Subsection D(3) hereof, Control of nuisance and disabling glare, shall constitute a nuisance and shall be abated by the Township by either seeking mitigation of nuisance or appropriate equitable or legal relief from a court of competent jurisdiction, including enforcement under Chapter 123, Nuisances, of the Code of the Township of West Brandywine.

§ 167-66.1 Landscape design, installation and maintenance standards.

[Added 1-21-2021 by Ord. No. 2021-01]

A. All required landscaping and screening shall be installed and maintained in accordance with a landscape plan approved by the Township. The landscape plan shall depict all proposed plantings required to complement, screen or accentuate buildings, roads, parking areas, sidewalks, walkways, sitting areas, service or maintenance structures, courtyards, and other site features and/or structures. Plant sizes, spacing and types shall be in accordance with this section.

B. All required landscape plans shall be submitted at the time when all other required applications and/or plans are submitted (i.e., preliminary land development plan submission, conditional use approval application, etc.).

(1) Plans shall be based on and reflect the following objectives:

(a) A design which is responsive to the functional and aesthetic characteristics of the tract or lot, and existing and proposed principal and accessory buildings and other structures.

(b) A design which demonstrates an effective proposal for screening the proposed use or activity from the adjoining properties.

(c) A design which creates visual interest for the users and/or residents of the proposed project.

(d) A design which promotes effective management of stormwater to minimize soil erosion and sedimentation and creates opportunities for infiltration to the groundwater system.

(e) The use of plant material which is acclimated to local conditions; located and spaced to achieve required screening, compatible groupings and other effective purposes; and not injurious of persons or pedestrians and vehicular circulation.

(2) Plans accompanying conditional use applications may be conceptual in nature but shall demonstrate the ability to achieve the above objectives.

C. Applicability. Except for individual lots existing at the time of adoption of this section and occupied or intended to be occupied by single-family or two-family dwellings, the requirements of this section shall apply to the following situations:

(1) Screening. Any activities for which a landscape buffer or screening is required by this chapter or § 200-108 of the Zoning Ordinance or would be imposed by the Zoning Hearing Board or by the Board of Supervisors as a condition of approval.

(2) Perimeter buffer.

(a) Except as provided in § 167-66.1C(2)(b), below, the entire perimeter of any tract undergoing development shall be provided with a minimum of twenty-foot-wide planting strip which will act as an effective screen separating uses. The planting strip may be included in private yard space or common open space or a combination thereof and shall be designed and installed in compliance with the requirements of this section.

(b) The Board of Supervisors may reduce the perimeter buffer requirement in the following situations:

[1] Where parking, access drives or other land development is permitted within 20 feet of the property line;

[2] Where any tract abuts similar uses such that the Board agrees that screening is not necessary; or

[3] Where the applicant can demonstrate to the satisfaction of the Board that existing vegetation, structural and/or topographic conditions will conceal, on a year-round basis, development from view from adjacent tracts.

(3) Any part or portion of a lot or tract which is not occupied by buildings nor used for loading and parking spaces and aisles, sidewalks and designated storage areas shall be left in its natural state or shall be landscaped according to an overall landscape plan, prepared and approved as part of the development plan. A replacement program for nonsurviving plants should be included.

(4) All mechanical equipment not enclosed in a structure shall be fully and completely screened from view from any point in a manner compatible with the architectural and landscaping style of the remainder of the lot. Such screening shall be subject to site plan and architectural review by the Township.

(5) Water towers, storage tanks, processing equipment, fans, skylights, cooling towers, vents and any other structures or equipment which rise above the crest of the roofline shall be architecturally compatible or effectively shielded from view from any public or private dedicated street by an architecturally sound method which shall be approved, in writing, by the Township before construction or erection of said structures or equipment.

(6) Landscaping shall be required within any parking area subject to the provisions of § 167-66.1E(9), below.

D. Minimum planting standards. All required landscaping shall meet the minimum planting standards, criteria for selection of plant material, and design standards of this section.

(1) The total number of plantings required shall be no less than the total calculated from all columns in the following table and shall be in addition to any required replacement plantings due to woodland disturbance. The total number of required plantings may be dispersed throughout the tract to meet the objectives of this section. Additional plantings may be provided.

Improvement/Conditions	Deciduous Trees	Evergreen Trees	Shrubs
Per 1,000 square feet gross building area, ground floor only (building "footprint")	2	1	8
Per 2,000 square feet off-street parking or loading area, excluding driveways less than 18 feet wide	1	1	4
Per 100 linear feet of new and existing public or private road frontage, measured on both sides where applicable	2	1	5
Per 100 linear feet of existing tract boundary, where not coincident with existing or proposed road frontage	1	2	8

(2) Where the applicant can demonstrate to the satisfaction of the Board of Supervisors that existing vegetation, structural and/or topographic conditions located within 100 feet of existing tract boundaries or within 100 feet of the cartway of existing or new roadway segments will conceal, on a year-round basis, adjacent development from view from such tract boundary or roadway segments, the linear footage of such tract boundary or roadway segments may be excluded from calculation of required plantings as above.

(3) Where calculation of the minimum number of plantings required as above results in fractions of plants required, the minimum number of plants required shall be rounded up to the nearest whole number.

(4) Plantings used to comply with the minimum number of plantings required as above shall be:

(a) Deciduous trees: three-inch caliper, minimum; at the discretion of the Board of Supervisors, required three-inch caliper trees may be substituted by trees of at least one-and-one-half-inch caliper at a ratio of three trees for each one tree otherwise required.

(b) Evergreen trees: eight feet in height, minimum; at the discretion of the Board of Supervisors, required eight-foot trees may be substituted by trees of at least four feet in height at a ratio of three trees for each one tree otherwise required.

(c) Shrubs: 24 inches to 30 inches in height, minimum; plantings and their measurement shall conform to the standards of the publications "American or U.S.A. Standard for Nursery Stock," ANSI or U.S.A.S. Z60.1 of the American Association of Nurserymen, as amended. All plant material used on the site shall have been grown within the same USDA hardiness zone as the site, shall be free of disease, and shall be nursery grown, unless it is determined by the Township that the transplanting of trees partially fulfills the requirements of this section. At the discretion of the Board of Supervisors, plantings required as above may be waived or reduced if the applicant can demonstrate to the satisfaction of the Board that retaining existing plant material or other means of landscaping substantially achieves the objectives of this section.

E. Landscape design standards.

(1) The minimum number of plantings shall be determined in accordance with § 167-66.1D(1) above. Additional plantings may be provided to further the purposes of this section. Plantings provided in excess of the minimum required need not comply with the dimensional standards herein. Use of linear measurements for purposes of calculation is not intended to specify linear arrangement of plantings. Groupings of plantings are encouraged in lieu of linear arrangement, consistent with the provisions of this section.

(2) Consistent with the terms of this section, the applicant shall plant trees and shrubs and make other landscape improvements (e.g., berms, fencing) as necessary to mitigate any adverse impacts, including visual impacts, which his proposed actions will have on his property, adjoining properties, and the Township in general, and otherwise address landscape issues identified through review of the required plans.

(3) Plantings and other landscape improvements shall be provided in arrangements and locations in response to specific site conditions and which best mitigate impacts of the applicant's proposed site disturbance actions. The amount, density, and types of plantings in any given location shall be based upon physiographic features, feasibility of using native species, proximity to existing dwellings, compatibility of adjacent uses, nature of views into and across the subject site, and in consideration of privacy of neighboring residential development.

(4) Where specific need(s) for visual screening or privacy have been identified, evergreen plantings shall be provided at least eight feet in height, planted at intervals no less than eight feet on center. Where the Township agrees that an eventual screen (in three to five years) is acceptable in lieu of an immediate screen (to buffer future development, for example), evergreen plantings shall be at least four feet in height, substituted at a ratio of three to one as provided in § 167-66.1D(1), above, and planted at intervals of three to five feet on center. Landscape material other than plantings shall not be used for purposes of visual screening or privacy except where approved by the Township and in accordance with an approved landscape plan. This restriction shall extend to any fence erected within any open space or perimeter buffer zone.

(5) Street trees. Shade trees of varying species shall be planted along all streets.

(6) Planting areas shall be selected and designed to reflect natural landscape characteristics existing prior to site disturbance, as well as those environmental conditions to be created following site disturbance by the applicant.

(7) 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 moisture and sunlight. In selecting locations for shade trees, consideration also shall be given to aesthetic qualities of the site and to the protection of solar access. In selecting the layout for landscape buffers or the location and mix of required plantings, consideration shall be given to the natural topography of the setting and the texture, coloration and compatibility of different plant species; it is strongly encouraged that improved landscapes be designed in such a manner as to be creative and attractive while maintaining the integrity of the natural landscape within which such work is proposed.

(8) Plantings shall be limited or carefully selected for locations where they may be disturbed or contribute to conditions hazardous to public safety. Examples of such locations include but shall not be limited to the edges of parking areas; public street rights-of-way; underground and aboveground utilities; and sight triangle areas required for unobstructed views at street intersections. No trees shall be planted closer than 15 feet from fire hydrants, streetlights, or stop signs.

(9) Parking lot landscaping. All off-street parking areas, except those intended solely for use by individual single-family residences, shall be landscaped with trees and shrubs of varying species in accordance with the following:

(a) Off-street parking areas shall be landscaped to reduce wind and air turbulence, heat and noise, and the glare of automobile lights; to reduce the level of carbon dioxide; to provide shade; to ameliorate stormwater drainage problems; to replenish the groundwater table; to provide for a more attractive setting; to protect the character and stability of residential, business, institutional, and industrial areas; and to conserve the value of land and buildings on surrounding properties and neighborhoods.

(b) Planting areas shall be placed so as to facilitate snow removal and to provide for safe movement of traffic without interference of proper surface water drainage. Planting areas shall be elevated above the parking lot surface or bordered appropriately to prevent erosion or damage from automobiles. Bollards may be used to afford protection of trees from vehicular movement.

(c) The interior of each parking lot shall have one three-inch caliper deciduous shade tree for every five parking spaces, if there are no existing shade trees to satisfy this requirement. Shrubs and other plant materials are encouraged to be used to complement the trees but shall not be the sole contribution to the landscaping. These trees shall be in addition to those required as an effective screen. Use deciduous shade trees with ground cover or low shrubs as the primary landscape material within parking lots. Avoid tall shrubs or low-branching trees that will restrict visibility.

(d) The landscaping and planting areas shall be reasonably dispersed throughout the parking lot, except where there are more than 20 spaces in which the following shall apply:

[1] Landscaped areas at least 10 feet wide shall be provided around the periphery of parking areas. Such areas shall, at a minimum, extend the full length and width of the parking areas, except for necessary accessways, to prevent the encroachment of moving vehicles into parking areas.

[2] Landscaped islands at least 10 feet wide shall be provided between each set of two parking bays.

[3] Landscaped islands at the end of each parking bay shall be provided and shall be the length of two parking spaces and at least 10 feet in width.

[4] Two feet of each parking stall adjacent to planting strips required in § 167-66.1E(9)(d)[1] and [2] above shall be of a permeable surface (e.g., concrete blocks filled with stone) to allow water to percolate into the ground.

(e) Parking lots which do not conform to the criteria listed above shall be planted with the same ratio of trees to parking spaces as conventional parking lots, but these may be planted in more varied configurations.

(f) All parking lots shall be designed to provide for safe, reasonable pedestrian access. Parking lots with more than 50 spaces shall include paved pedestrian walkways. Pedestrian walkways may be located along or through landscaped islands or other landscaped areas adjacent to the parking lot.

F. Criteria for selection of plant material.

(1) Species selected by the applicant shall reflect careful evaluation of the required site analysis plan and in particular the following considerations:

(a) Existing and proposed site conditions and their suitabilities for the plant materials, based upon the site's geology, hydrology, soils, and microclimate.

(b) Specific functional and design objectives of the plantings, which may include but not necessarily be limited to provision for landscape buffer, visual screening, noise abatement, energy conservation, wildlife habitats, and aesthetic values.

(c) Maintenance considerations such as hardiness, resistance to insects and disease, longevity, and availability.

(2) Because of the many benefits of native plants (ease of maintenance, longevity, wildlife habitat, etc.), the applicant is urged to conform to the requirements of this section through the use of nursery-grown native trees and shrubs. A suggested plant list is included in § 167-66.1I.

(3) Species for shade trees, including street trees, shall be selected with particular emphasis on hardiness, growing habit for pedestrian and vehicle passage, minimal need for maintenance, and compatibility with other features of the site and surrounding environs.

(4) For the purposes of promoting disease protection, minimum maintenance, diverse natural plant associations, and long-term stability of plantings, the applicant is encouraged to choose those combinations of species which may be expected to be found together under more-or-less natural conditions on sites comparable to those where the trees and shrubs are to be planted.

G. Conservation of existing vegetation and natural features. All landscape plans shall be designed in conformance with the provisions of § 200-100, Conservation of woodlands and riparian buffers. Applicants shall make all reasonable efforts to harmonize their plans with the conservation of existing vegetation and natural features. Care shall be exercised to protect remaining vegetation from damage during construction, in accordance with the procedures set forth in § 167-65 of Chapter 167, Subdivision and Land Development.

H. Site maintenance and guarantee.

(1) All landscape improvements to be provided in accordance with this section shall be installed and maintained by accepted practices as recognized by the American Association of Nurserymen. Planting and maintenance of vegetation shall include, as appropriate, but not necessarily be limited to, provisions for surface mulch, guy wires and stakes, irrigation, fertilization, insect and disease control, pruning, mulching, weeding, and watering.

(2) The applicant shall make arrangements acceptable to the Township that all landscape improvements installed in accordance with this chapter and § 200-108 of the Zoning Ordinance shall be guaranteed and maintained in a healthy and/or sound condition, or otherwise be replaced once by equivalent improvements, for a period of at least 18 months. After installation and prior to Township acceptance of the site improvements, representatives of the Township shall perform an inspection of the finished site for compliance with approved landscape plan(s).

(3) Installation of landscape improvements shall be guaranteed along with all other site improvements in accordance with § 167-72 of Chapter 167, Subdivision and Land Development. The costs of landscape material and installation shall be considered in determining the amount of any performance guarantee required. At the Township's discretion, the applicant may be required to escrow sufficient additional funds for the maintenance and/or replacement of the proposed vegetation during the eighteen-month replacement period. In addition, an escrow may be required for the removal and replacement of specimen vegetation damaged during construction. At its sole discretion, the Township may remedy failure to complete installation or to maintain required landscape improvements in accordance with the provisions of Chapter 167, Subdivision and Land Development.

I. Suggested plant list (not an exclusive list).

(1) Evergreen trees and shrubs.

(a) Eastern red cedar.

(b) White pine.

(c) Rhododendron.

(2) Shade trees.

(a) Red maple.

(b) Sugar maple.

(c) White ash.

(d) Green ash.

(e) Sycamore.

(f) White oak.

(g) Northern red oak

(h) Scarlet oak.

(i) Pin oak.

(j) Shagbark hickory.

(k) Northern catalpa.

(l) Tulip poplar.

(m) Black cherry.

(n) American basswood.

(o) American beech.

(3) Small trees and shrubs.

(a) Shadbush/serviceberry.

(b) Flowering dogwood.

(c) Washington hawthorn.

(d) Sourwood.

(e) Arrowwood.

(f) Blackhaw.

(g) Ironwood.

(h) Redbud.

(i) Winterberry.

(j) Highbush blueberry.