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