[Amended 12-15-2003 by Ord. No. 03-06]
A. General.
(1) The proposed method of sanitary wastewater disposal
shall be designed, constructed, and maintained in accordance with
the Upper Uwchlan Township's officially adopted Act 537 Sewage Facilities
Plan, as amended, as well as other applicable Township standards and
specifications, which may be updated or revised from time to time
and which may include, but are not limited to:
(a)
Technical specifications for construction of
sewer mains and appurtenances to be connected to the public sewer
system;
(b)
Standards for design and construction of lagoon
and irrigation systems in the Route 100 Regional Service Area; and
(c)
Standards for preparation of sewage facilities
planning modules for irrigation and storage facilities in the Route
100 Regional Service Area.
(2) When in accordance with the Pennsylvania Department
of Environmental Protection Facilities Plan Revision, the procedure
set forth in that revision shall be followed.
(3) Each property shall be connected to a public sewer
system, if accessible. Where the public sewer is not yet accessible,
but is planned for extension to the subdivision within a reasonably
short time (up to 10 years) in accordance with the Upper Uwchlan Township
officially adopted Act 537 Sewage Facilities Plan, the subdivider
shall install sewer lines, including lateral connections as may be
necessary to provide adequate service to each lot when connection
with the sewer system is made. The sewer lines shall be suitably capped
at the limits of the subdivision, and the laterals shall be capped
until sewers are provided. Design of capped sewer systems shall be
subject to approval by the Pennsylvania Department of Environmental
Protection, with supervision of design and installation by Upper Uwchlan
Township. Alternative sanitary wastewater facilities, acceptable to
the Township and in accordance with this chapter and all other applicable
regulations, shall be provided in the interim.
B. Public sanitary wastewater systems. Sanitary sewers
shall be designed and constructed in strict accordance with the applicable
standards and specifications as may be established by the Pennsylvania
Department of Environmental Protection, the Chester County Department
of Health, and Upper Uwchlan Township. A copy of any such approval
of such sewer systems shall be submitted with the final plan.
C. Community and individual on-site sanitary wastewater
systems.
(1) All lots which cannot be connected to a public sanitary
wastewater disposal system in operation at the time of construction
of a principal building shall be provided with community or individual
on-site sanitary wastewater disposal system(s) meeting the applicable
design standards of the rules and regulations of the Pennsylvania
Department of Environmental Protection, the Chester County Department
of Health, and Upper Uwchlan Township.
(2) If community or individual on-site sanitary wastewater
disposal facilities are to be utilized, the Township Planning Commission
may require that the subdivider submit a feasibility report. Such
report shall compare the cost of providing community or individual
on-site facilities with the costs associated with public wastewater
treatment. Such report shall also evaluate the environmental, implementation,
operation, and maintenance considerations of community or individual
on-site facilities. Based on the analysis of this report, the Township
may require the installation of a public sanitary sewer system or
capped sewer.
(3) Where individual on-site sanitary wastewater facilities
are to be utilized, applicable Pennsylvania Department of Environmental
Protection, Chester County Department of Health, and Upper Uwchlan
Township standards and regulations shall be adhered to so that each
building lot is designed to be served by the required square footage
of the individual on-site sanitary wastewater disposal absorption
and reserve areas and to meet the isolation distance(s) established
by applicable Pennsylvania Department of Environmental Protection
standards.
(4) Where individual on-site sanitary wastewater facilities
are to be utilized, such facilities may be located within common and/or
restricted open space in lieu of location(s) on the specific lot(s)
to be served, where approved by the Township in accordance with applicable
zoning regulations.
(5) Where any individual on-site sanitary wastewater facilities
are located within common or restricted open space not part of the
individual lot being served, the location(s) of such facilities shall
be monumented and easements satisfactory to the Board of Supervisors
shall be established to require and enable the maintenance of such
facilities by the appropriate parties.
(6) Where individual on-site sanitary wastewater disposal
systems are to be utilized, the subdivider shall either install such
a facility approved by the Chester County Department of Health or
shall guarantee (by deed restriction and by an approved individual
on-site wastewater disposal permit issued by the Chester County Department
of Health), as a condition of the sale of each lot or parcel within
the subdivision, that such facilities can be installed by the purchaser
of such lot or parcel.
(7) Where community wastewater disposal systems are proposed, such a system shall be no closer to any adjacent property lines as allowed by applicable Pennsylvania Department of Environmental Protection standards. Where such a system requires a building or structure to be located above ground, the building or structure shall be completely screened from the view of any adjacent properties, according to the screening provisions of §
200-77 of Chapter
200, Zoning.
(8) The design, installation, ownership and maintenance
of community sanitary wastewater systems shall be subject to the approval
of the Pennsylvania Department of Environmental Protection and such
systems shall be further subject to satisfactory provisions for the
maintenance thereof. The Township may required dedication of a community
sanitary wastewater system to the Township at any time. At a minimum,
each community system should be required to provide a reserve area
in the event the system should fail. The reserve area shall be located
within soils suitable to support such a system.
(9) Where a community on-lot disposal system is provided, the treatment facility(ies), disposal and reserve area(s), and any pump station(s) shall be located on a separate nonresidential lot which shall be dedicated to Upper Uwchlan Township and which shall be monumented according to §
162-47 as a wastewater disposal area. Areas designated for wastewater disposal shall be 100% tested for the suitability of wastewater disposal, in accordance with this chapter and all other applicable regulations. Community on-lot disposal systems shall be constructed in accordance with this chapter and applicable regulations.
(10)
Soil percolation test requirements.
(a)
Soil percolation tests shall be performed for
all subdivisions wherein building(s) at the time of construction will
not be connected to an operating public sanitary wastewater disposal
system. Soil profiling and/or deep hole test pits shall be used to
further guarantee site suitability.
(b)
Soil percolation and other tests shall be made
in accordance with the procedure required by the Pennsylvania Department
of Environmental Protection, by either a registered professional engineer
or registered sanitarian and/or the Pennsylvania Sewage Facilities
Act sewage enforcement officer.
(c)
Soil percolation and other tests shall be performed
within the site of the proposed individual sanitary wastewater disposal
facilities and any reserve area(s).
(d)
The results of the soil percolation and other
tests shall be analyzed in relation to the physical characteristics
of the tract being subdivided and of the general area surrounding
the tract being subdivided. The lot layout established in the preliminary
subdivision plan shall be based on this analysis.
[Amended 12-15-2003 by Ord. No. 03-06]
A. Adequate and potable water supply system(s) shall be installed consistent with design principles and requirements contained in this chapter, Chapter
183, Article
I, Public Water Supply, and Township standards, which are the U.S. Public Health criteria for drinking water as established by the Federal Safe Drinking Water Act, as amended, or any other applicable standards.
B. 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 guarantee
(by deed restriction or otherwise), as a condition of the sale of
each lot or parcel within the subdivision, that the facilities can
be installed by the purchaser of such lot or parcel. Individual on-site
wells shall be subject to the standards of the Chester County Department
of Health.
C. Wherever 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 Township; and the design and installation of such
community distribution system shall be subject to the approval of
the Pennsylvania Department of Environmental Protection and such system
shall be further subject to satisfactory provision for the maintenance
thereof.
(1) Where a permit is required by said Department, it
shall be presented as evidence of such review and approval in the
case of private or public systems before construction commences.
(2) The plan of the proposed water distribution system
shall be approved by the provider of the public water supply.
D. Wherever a public or community water system is provided,
fire hydrants or acceptable alternatives shall be installed for fire
protection as approved by the local Fire Company and Township Engineer.
Where fire hydrants are installed, they shall meet the specification
of the Insurance Services Office of Pennsylvania. Location of hydrants
shall be approved by the Township. Hydrants shall be provided with
adequate storage and pressure as determined by the Township Engineer.
(1) Generally, all fire hydrants will be located on a
minimum looped six-inch line. Where a dead-end line is required to
contain a fire hydrant, the portion of the line between the main loop
and the hydrant shall be an eight-inch minimum diameter.
(2) Fire hydrants shall be spaced in a development so
that all proposed building(s) will be no more than 750 feet from the
hydrant measured along traveled ways.
(3) All community water systems must provide a minimum
of 500 GPM at a residual pressure of 20 psig for a two-hour period.
(4) For additional fire protection, the Township reserves
the right to require incorporation of a dry hydrant into existing
and proposed ponds or reservoirs and that an access easement be provided
for emergency use.
E. Wherever a public or community water system is provided,
applicants shall present evidence to the Board of Supervisors that
the subdivision or land development is to be supplied by a certified
public utility, a bona fide cooperative association of lot owners,
or by a municipal 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.
F. Minimum water supply requirements. All applicable standards established in Chapter
183, Article
I, Public Water Supply, are hereby incorporated.
(1) In all subdivisions and land development served by
public water, the following water pressure and gallonage requirements
shall apply:
(a)
Residential use.
[1]
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 to which the residential unit is connected
shall have sufficient capacity to supply a minimum of 350 gallons
of water per residential unit per day within the subdivision or land
development.
[2]
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.
(b)
Commercial or industrial use.
[1]
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 a public
water system, a study will be made to determine if there is adequate
water to supply system to supply the building and use.
[2]
For purposes of fire protection in commercial
and industrial district, 1,000 gallons per minute at 20 pounds per
square inch residual pressure is required or as required for ISO certification.
(2) Two sources of groundwater shall be provided for each
public or community water system due to usual density and demand served
by such systems. Each source shall be capable of supplying the average
daily demand of all proposed dwelling units. This requirement may
be waived by the Board of Supervisors when the following alternatives
are proposed, subject to Township Engineer approval:
(a)
A single well capable of providing twice the
daily average demand as demonstrated by a pumping test of at least
48 hours' duration producing a stabilized drawdown of unchanging water
level for at least five hours' duration;
[Amended 1-17-2006 by Ord. No. 06-01]
(b)
A single well capable of supplying the average
daily demand with an additional reliable surface water source;
(c)
A single well capable of supplying the average
daily demand plus a dependable connection to another satisfactory
public water supply system; or
(d)
A second well used to monitor the aquifer and
as a standby in the event of an emergency.
G. Approvals conditioned upon adequacy of public water
supply. No subdivision or land development application proposing a
public water supply system shall be granted preliminary or final approval
unless applicant demonstrates, by a fair preponderance of the credible
evidence, full compliance with the provisions of this section.
H. Construction standards.
(1) Water mains shall be constructed of cement-lined,
ductile iron, minimum class 52 pipe, or as approved by the Township
Engineer. No extension of water mains shall be permitted for a pipe
having a diameter of less than eight inches.
(2) All pipe shall have a minimum cover of three feet
six inches from grade to the crown of pipe.
(3) Water mains shall be located within the paved cartway,
five feet off the curbline.
(4) Generally, water mains shall be so designed as to
form a loop system to enhance the continual supply of fresh water.
When dead ends occur on new mains, they shall all be closed with cast-iron
plugs and caps, with a blowoff valve, with a concrete anchor, or fire
hydrant. Concrete anchors (thrust blocks) shall be provided at all
vertical and horizontal bends.
(5) Mains shall be drained through drainage branches or
blowoffs to dry wells from which the water can be pumped. Drainage
branches, blowoffs, air vents, and appurtenances shall be provided
with valves.
(6) Blowoffs shall not be connected to any sewer, or submerged
in any manner that will permit back siphonage in the distribution
system. All blowoffs should be located out of paving.
(7) A cast-iron valve box or a masonry pit shall be provided
for every valve which has no gearing or mechanism, or for which the
gearing or operating mechanism is fully protected with a cast-iron
grease case. A masonry valve pit shall be provided for every valve
which has exposed gearing or operating mechanisms.
(8) Manholes shall be constructed of brick or concrete,
with cast-iron frames and covers or as approved by the Township Engineer.
(9) Fire hydrants shall be provided as an integral part
of any public water system. They shall be located no farther than
750 feet apart as measured along traveled ways. Each hydrant shall
be connected to the main with a minimum of six-inch ductile iron branch
controlled by a minimum of an independent six-inch gate valve.
(10)
Hydrants shall be located in a manner to provide
complete accessibility and so that the possibility of damage from
vehicles or injury to pedestrians will be minimized. When placed behind
the curb, the hydrant barrel shall be set so that no portion of the
pumper or nozzle cap will be less than 24 inches from the gutter face
of the curb. When set in the lawn space between the curb and the property
line, no portion of the hydrant or nozzle cap shall be within six
inches of the sidewalk.
(11)
All hydrant connections shall be reviewed by
the fire company having jurisdiction with a favorable recommendation
by the chief of said fire company being required.
[Amended 12-15-2003 by Ord. No. 03-06]
A. All other utility lines including, but not limited
to, electric, gas, street light 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, the Pennsylvania Department of Transportation, and/or
public utility concerned.
B. In accordance with the provisions of Act 287, all
developers, contractors, etc., will contact all applicable utilities
and accurately determine the locations and depth 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 to review and proof
shall be presented to the Township prior to final plan approval.
C. Prior to the sale of any lot, tract or parcel of land,
the party responsible for selling the property shall inform the potential
buyer of any and all easements which traverse the property.
[Amended 12-15-2003 by Ord. No. 03-06; 12-16-2013 by Ord. No.
2013-05]
A. Erosion and sedimentation control standards during land disturbance.
(1) The smallest practicable land area shall be disturbed and exposed
at any one time during construction.
(2) Land exposure shall occur for the shortest practicable time period.
(3) 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 (if applicable)
should be used to protect critical areas exposed during development
or construction.
(4) Sedimentation basins (debris basins, de-silting basins or sediment
traps) shall be installed and maintained to remove sediment from runoff
from disturbed areas prior to any earth disturbance.
(5) Where feasible, natural vegetation should be retained and protected,
natural grade alterations minimized, and total site disturbance minimized.
(6) Permanent vegetation and erosion control structures should be installed
as soon as practicable during construction activities.
(7) Increased runoff caused by altered soil and surface conditions during
and after construction shall be accommodated effectively.
(8) Design and implementation of temporary erosion and sedimentation
control measures (intended to control the impacts of stormwater runoff
during the period of land development and/or construction and associated
land disturbance) shall not be accomplished in a manner which causes
overdesign or redundancy of permanent stormwater management facilities,
nor favor the use of detention basins in lieu of maximum feasible
use of BMPs for permanent stormwater management.
B. Erosion and sedimentation control plans.
(1) General requirements. For all subdivisions and land development proposals,
a plan or plans for erosion and sedimentation control, and accompanying
report(s) as necessary, shall be submitted containing all information
documenting compliance with the provisions of this and other applicable
sections of this chapter, and not limited to the following:
(a)
A plan of the grading of the subject subdivision or land development.
(b)
Suitable map(s), plan(s), drawing(s), and narrative description
as necessary, indicating all temporary erosion and sedimentation control
measures and facilities affecting the subject property, including
detailed design drawings, specifications, and relevant elevation data
for all structural facilities.
(c)
All computations of pre- and post-development stormwater volumes
and peak rates for the specified storm events, relevant to the design
of temporary erosion and sedimentation control facilities.
(d)
Applicable design computations for all components of both temporary
and permanent erosion and sedimentation control systems, including
drainage channels, swales, berms, basins, discharge structures.
Initial construction of any site shall consist
of stripping and piling of topsoil from all areas planned to be disturbed.
The area stripped shall be kept to a minimum. Upon completion of other
construction, the entire amount of topsoil stripped shall be replaced
on the site. No topsoil shall be disposed of, by sale or otherwise,
off the site of the construction.
[Amended 12-15-2003 by Ord. No. 03-06]
In the case of any land development, the Board may require compliance with the following design standards contained in Chapter
200, Zoning:
C. Access and traffic control (§
200-75).
[Amended 12-15-2003 by Ord. No. 03-06]
A. General.
(1) For all uses, activities, or improvements subject to this chapter or Chapter
200, Zoning, consideration shall be shown for the protection of all natural and historic features in Upper Uwchlan Township, including, but not limited to, woodlands, specimen trees, hedgerows, wetlands and watercourses, riparian buffers, prohibitive and precautionary slopes, trails, and historic resources which, if preserved, will add attractiveness and value to developed areas. The values of these natural and historic resources are documented and described in numerous Township documents and publications, most notably, Upper Uwchlan's Comprehensive Plan, as amended. The provisions of this section apply to all uses, activities, or improvements subject to this chapter or Chapter
200, Zoning, pursuant to §
200-108. Where any applicant demonstrates to the satisfaction of the Township that strict adherence to the provisions of this section will render the lot or tract unusable or unsuitable for development in accordance with applicable zoning district regulations, or demonstrates that alternative design provisions shall achieve similar conservation objectives, the provisions of this section may be waived or modified as determined appropriate by the Board of Supervisors.
(2) Where the proposed subdivision will be subject to a site analysis and impact plan (§
162-9D of this chapter), the applicable narrative and plan submittal requirements of this section can be made part of the site analysis and impact plan. The resource management, protection, and improvement requirements of this section can be included in the open space requirements of this chapter (§
162-54) or Chapter
200, Zoning (§
200-69), as applicable to the proposed project.
B. Woodlands and hedgerows. The purpose of this section
is to promote conservation of woodlands, including specimen trees
and hedgerows, throughout Upper Uwchlan Township through the establishment
of specific provisions for land development activities, replacement
requirements, and management planning.
(1) Woodland and hedgerow disturbance resulting from any
land development or land use change shall be minimized. No portions
of tree masses or trees with a diameter at breast height (dbh) of
six inches or greater shall be cleared unless demonstrated to be necessary
and in accordance with this chapter. Applicants shall make all reasonable
efforts to harmonize their plans with the preservation of existing
woodlands and hedgerows.
(2) No specimen tree(s) shall be removed from any lot or tract except where the 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 trees shall be minimized. Specimen trees to be retained shall be credited toward any tree replacement required under Subsections
B(6) through
B(9) below.
(3) Woodland and hedgerow disturbance exceeding any of the following standards shall require woodland replacement in accordance with Subsections
B(6) through
B(9) below. (For purposes of this section, the extent of any woodland or hedgerow disturbance shall be measured to include the entire area within the dripline of any tree where any part of the area within the dripline of said tree is subject to woodland or hedgerow disturbance.)
(a)
Woodland disturbance in excess of 10,000 square
feet of existing area of woodland or hedgerow for each principal use
permitted on any lot or tract. As an example, where two principal
uses are permitted, woodland disturbance may involve up to 20,000
square feet (10,000 x 2) before replacement is required.
(b)
Woodland disturbance in excess of 50% of any
existing area of woodland or hedgerow on any single lot that is part
of a tract subject to subdivision.
(c)
Woodland disturbance in excess of 25% of any
existing area of woodland or hedgerow on any tract subject to subdivision,
measured in its entirety, or on any single lot or tract subdivided
prior to enactment of this section.
(4) In determining where necessary woodland or hedgerow
disturbance shall occur, applicant shall consider the following:
(a)
The location(s) and benefit of conservation
of healthy mature woodland or hedgerow 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
and hedgerows exceeding 10 acres in area; and
(c)
The location of hedgerows relative to exterior
or perimeter property lines as well as to existing or future trails,
as consistent with applicable Township criteria such as the Open Space,
Recreation, and Environmental Resources Plan (as amended), the Comprehensive
Plan (as amended), or Trail Feasibility/Master Plan documents (as
amended).
(5) In areas of permitted woodland or hedgerow disturbance
and areas adjacent to permitted woodland and hedgerow 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 dripline of the trees.
Appropriate fencing four feet in height shall be placed at the dripline
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 driplines 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 through
immediate treatment in accordance with accepted professional landscape
procedures.
(6) Where woodland or hedgerow disturbance involves more than the maximum area permitted under Subsection
B(3) above, one tree and two shrubs shall be planted for each 300 square feet of woodland or hedgerow disturbance area, or fraction thereof, in excess of the maximum permitted area of disturbance. All specimen trees to be retained on any tract proposed for subdivision or land development shall be credited toward any tree replacement requirement, at a ratio of three trees credited for each individual specimen tree retained. Further, plant materials used to comply with the required minimum number of replacement plantings shall be three-and-one-half-inch caliper, minimum (trees); and 24 to 30 inches in height, minimum (shrubs).
(7) In addition to the vegetation replacement standards established in Subsection
B(6) above, and for each tree greater than six inches dbh removed, replacement trees shall be planted in accordance with the following schedule.
For Each Tree to be Removed,
at the Following Sizes, dbh
(inches)
|
Minimum Number and
Caliper of Replacement
Trees
|
---|
One, 6 to 8 dbh
|
One, 3 to 3 1/2 inch caliper
|
One, 8 to 12 dbh
|
One, 4 to 4 1/2 or two 3 to 3 1/2
inch caliper
|
One, 12 to 18 dbh
|
One, 5 to 5 1/2 or three 3 to 3 1/2
inch caliper
|
One, 18 to 24 dbh
|
One, 6 to 6 1/2 or four 3 to 3 1/2
inch caliper
|
One, greater than 24 dbh
|
Two, 6 to 6 1/2 or five 3 to 3 1/2
inch caliper
|
(8) Woodland and hedgerow replacement plantings and their
measurement shall conform to the standards of the publications "American
or U.S.A. Standard for Nursery Stock," American National Standards
Institute (ANSI) or USAS Z60.1 of the American Association of Nurserymen,
as amended. All plant material used on the site shall have been grown
within the same U.S. Department of Agriculture (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 Township, replacement trees as required above may
be substituted by trees of at least 1 1/2 inch caliper at a ratio
of three trees for each one tree otherwise required. 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
suitability 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 and hedgerow area removed; enhancement of
existing woodland, hedgerow, or oldfield area(s); reforestation of
riparian buffer areas; provision for landscape buffer; visual screening,
noise abatement, energy conservation, wildlife habitats, and aesthetic
values (e.g., autumn coloration, type of flowers and fruit, bark and
crown characteristics, amount of dieback present); or wind resistance.
(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.), their use
is encouraged. Species selection should reflect species diversity
characteristic of the native woodland and hedgerow.
(9) Applicant shall include provisions, in narrative and/or
graphic form, of sufficient detail to satisfy the Township, for the
long-term management of any woodland and hedgerow area not subject
to woodland and hedgerow disturbance and any area selected for introduction
of replacement plantings in accordance with this section. The submission
shall include a statement of woodland and hedgerow management objectives
and shall demonstrate 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 and hedgerow disturbance. Additional
requirements include:
(a)
The manner in which the woodland area will be
owned and by whom it will be managed, maintained, and improved (the
latter as necessary).
(b)
The conservation and/or land management techniques
and practices that will be used to conserve and protect such areas,
as applicable.
(c)
The professional and personnel resources that
are expected to be necessary to, and will be committed to, maintain
and manage the woodland area.
(d)
Applicants are strongly encouraged to seek woodland
management assistance through the Pennsylvania "Forest Stewardship
Program" administered by the Pennsylvania Bureau of Forestry.
(10)
Installation of woodland and hedgerow replacement plantings shall be guaranteed along with all other site improvements in accordance with §§
162-61,
162-63, and
162-64 of this chapter. The costs of planting 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 or existing vegetation in accordance with this section. In addition, an escrow may be required for the removal and replacement of woodlands, specimen trees, or hedgerows damaged during construction. These escrows shall be in addition to any financial security posted for dedication of other required improvements. At its sole discretion, the Township may remedy failure to complete installation or to maintain required woodland and hedgerow replacement plantings in accordance with the provisions of this chapter.
(11)
Required replacement plantings shall be in addition to and consistent with any required landscape plan, street trees, or any other landscape material, improvements, or related requirements stipulated by applicable provisions of this chapter or of Chapter
200, Zoning.
(12)
In lieu of actual tree 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 trees into a special fund established
for that purpose. Such funds shall be utilized for the purchase and
installation of trees elsewhere in the Township at the discretion
of the Township, especially if the site in question cannot accommodate
the replacement trees required pursuant to this chapter.
C. Wetlands and watercourses. The purpose of this section
is to promote protection of the Township's wetlands and watercourses
through the establishment of specific limitations to land development
activities and management planning provisions.
(1) No wetlands or watercourses shall be regraded, filled,
piped, diverted, channeled, built upon, or otherwise altered or disturbed
except where all applicable state or federal permits have been obtained.
(2) In addition to applicable permit requirements, the
applicant shall consider the following standards relative to on-site
wetlands or watercourses:
(a)
The presence or absence of wetlands or watercourses
shall be determined, and, if applicable, the boundaries delineated,
by a qualified wetland biologist, soil scientist, or environmental
professional of demonstrated qualifications.
(b)
Such professional shall submit a complete wetlands
and watercourses report to the Township; such report shall be subject
to the approval of the Township Engineer or other qualified Township
consultant.
(c)
The wetlands and watercourses report shall certify
that the methods used to establish the presence and delineate the
boundaries of wetlands and watercourses correctly reflect currently
accepted technical concepts, including identification and analysis
of wetlands vegetation, hydric soils, and hydrologic indicators.
(d)
The wetlands and watercourses report shall include:
the determination of whether wetlands or watercourses are present
on the site; a plan showing surveyed location of any boundaries of
wetlands or watercourses; area measurement of wetlands; lineal extent
of watercourses; and, narrative description of the functions and values
of the wetlands or watercourses.
(3) Where a permit for fill, regrading, or other activity
in or near wetlands or watercourses is not required pursuant to state
or federal regulation, the applicant shall provide evidence that the
appropriate state or federal agencies were contacted and concur with
the fact that a permit is not required.
(4) All applicants shall specify the long-term management
provisions that will be established for any wetlands or watercourse
area, developed to minimize future land disturbance to the wetlands
or watercourse area and improve the area's ecological functions and
values as needed. Such management provisions shall be indicated in
narrative and/or graphic form of sufficient detail to satisfy the
Township that the following issues are adequately addressed:
(a)
The manner in which the wetlands or watercourse
area will be owned and by whom it will be managed, maintained, and
improved (the latter as necessary).
(b)
The conservation and/or land management techniques
and practices that will be used to conserve and protect such areas,
as applicable.
(c)
The professional and personnel resources that
are expected to be necessary to, and will be committed to, maintain
and manage the wetlands or watercourse area.
D. Riparian buffer areas. The purpose of this section
is to promote protection of the Township's riparian buffer areas through
the establishment of specific limitations to land development activities
and management planning provisions.
(1) No structures shall be placed within any riparian
buffer area, and no land disturbance shall be permitted within any
riparian buffer area except for any of the following:
(a)
Timber harvesting in accordance with a woodland
management plan prepared by a professional forester and approved by
the Township. Applicants are strongly encouraged to seek woodland
management assistance through the Pennsylvania "Forest Stewardship
Program" administered by the Pennsylvania Bureau of Forestry.
(b)
Vegetation management in accordance with: an approved landscape plan; an approved open space management plan approved pursuant to Chapter
200, Zoning (§
200-69); or Subsection
D(2) of this section.
(c)
Customary agricultural practices in accordance
with a soil conservation plan approved by the Chester County Conservation
District.
(d)
Regulated activities permitted by applicable state or federal regulations, and, as applicable, in accordance with Subsection
C of this section.
(2) Vegetation management, or other plant-related disturbance,
is not allowed within riparian buffer areas except for the following:
(a)
Regulated activities permitted by state or federal
regulation.
(b)
Unpaved trail access, as stipulated in the Township's Open Space, Recreation, and Environmental Resources Plan (as amended), the Township's Comprehensive Plan (as amended) or Trail Feasibility/Master Plan documents (as amended); an open space management plan approved pursuant to Chapter
200, Zoning; or as approved by the Township.
(c)
Selective removal of hazardous or invasive alien
vegetative species.
(3) All applicants shall specify, in narrative and/or
graphic form of sufficient detail to satisfy the Township, the long-term
management provisions that will be established for any riparian buffer
area, developed to minimize future land disturbance to the riparian
buffer area and to improve the area's ecological functions and values
as needed. Specific considerations include:
(a)
The manner in which the riparian buffer area
will be owned and by whom it will be managed, maintained, and improved
(the latter as necessary).
(b)
The conservation and/or land management techniques
and practices that will be used to conserve and protect such areas,
as applicable.
(c)
The professional and personnel resources that
are expected to be necessary to, and will be committed to, maintain
and manage the riparian buffer area.
E. Prohibitive and precautionary slopes (i.e., steep slopes). All uses, activities, or improvements subject to this chapter that affect or are in the vicinity of prohibitive or precautionary slopes as defined by Chapter
200, Zoning, shall be subject to the requirements of §
200-107 of Chapter
200, Zoning.
F. Trails.
(1) When a subdivision or land development proposal is
traversed by or abuts an existing trail customarily used by pedestrians
and/or equestrians, the applicant shall make provisions for the continued
recreational use of the trail. Where trails do not exist, but are
planned on property proposed for subdivision or land development in
accordance with applicable Township criteria such as the Open Space,
Recreation, and Environmental Resources Plan (as amended), the Comprehensive
Plan (as amended) or Trail Feasibility/Master Plan documents (as amended),
applicants shall make every effort to plan for and construct such
planned trails.
(2) The applicant may alter the course of the trail within
the tract for which development is proposed under the following conditions:
(a)
The points at which the trail enters and exits
the tract remain unchanged.
(b)
The proposed alteration exhibits quality trail
design according to generally accepted principals of landscape architecture.
The Township recommends the Department of Environmental Protection
publication, Nonmotorized Trails, prepared by the Pennsylvania Trails
Program of the Bureau of State Parks, as a guide for the development
of high-quality trails.
(c)
The proposed alteration may parallel at a safe
distance from, but may not be within the same paved area as, a road
used, or intended for use, by motorized vehicles.
(3) The location, surface, use, and maintenance of new
trails shall be consistent with applicable Township documents such
as the Open Space, Recreation, and Environmental Resources Plan (as
amended), Comprehensive Plan (as amended), or Trail Feasibility/Master
Plan documents (as amended).
(4) An applicant may propose and develop a new trail, if said trail is available for use by the general public; meets Subsection
F(3) above; connects with an existing trail; and is consistent with applicable Township criteria, such as the Open Space, Recreation, and Environmental Resources Plan (as amended), the Comprehensive Plan (as amended), or Trail Feasibility/Master Plan documents (as amended); the easement for said trail may be credited toward the open space requirement established in §
162-54, subject to approval by the Board of Supervisors. Said trail shall be located in an easement or right-of-way with a minimum width of 20 feet. The trail easement or right-of-way width may be decreased at the discretion of the Board of Supervisors.
(5) New trails and improvements to existing trails shall demonstrate adherence to Subsection
F(3) and
(4) above, as applicable; principles of quality trail design, enhancing the enjoyment of the rural qualities of the Township; and the following design parameters. The Township also recommends the Department of Environmental Protection publication, Nonmotorized Trails, prepared by the Pennsylvania Trails Program of the Bureau of State Parks as a guide for the development of high quality trails.
(a)
Trails shall have a vertical clearance of no
less than 10 feet.
(b)
Width and type of trail surface may vary depending
upon type of use to be accommodated, but in no case shall be less
than four feet nor any greater than 10 feet. Determination of appropriate
trail surface and width is subject to Board of Supervisors approval,
consistent with all other applicable provisions of this section.
(6) No trail shall be designed with the intent to accommodate
motorized vehicles. Further, trails along roadways may parallel said
roadway, but shall be located at a safe distance from, and not within
the same paved area as, the roadway.
(7) Public trails or trails intended for public use and
their easements, as applicable, shall be dedicated to the Township
in order to assure continuing maintenance of the trail and trail easement.
(8) Provision for the ongoing maintenance of private trails
shall be established at the time of subdivision approval.
G. Historic features. Historic features and other related points of interest shall be preserved and maintained in accordance with the following criteria. Further, historic feature preservation may be credited toward the applicable open space and density bonus requirements of Chapter
200, Zoning, if the following criteria are met:
(1) The historic feature being preserved shall be listed
upon a Township, county, state, and/or national roster or inventory
of historic features, monuments, or places of historic or general
interest; included in the document entitled "Historic Resources Inventory:
Upper Uwchlan Township, Chester County, Pennsylvania (Wise Preservation
Planning, 2001)"; or the applicant shall by some other means demonstrate
to the satisfaction of the Board of Supervisors that the said historic
feature is of sufficient public interest to warrant preservation.
Historic features may include, but shall not necessarily be limited
to, historically, culturally, or architecturally significant buildings,
monuments, or sites or potential archeological sites as determined
by the Pennsylvania Historical and Museum Commission; unique or historic
landscape elements, such as historic gardens or Penn oaks; archaeological
sites; or any other historic feature which shall be deemed by the
Board of Supervisors to be of historic or cultural value to the Township.
(2) The applicant shall consider all available adaptive reuse options as permitted by Chapter
200, Zoning, and that may keep the historic resource viable, as well as tax and other incentives available to preserve the historic resource.
(3) The historic feature shall be situated upon a tract
of land of sufficient size, with sufficient separation distance between
the historic and proposed structures, to preserve the historic landscape,
although not necessarily the exact condition, or the environs of the
said historic feature prior to construction of the proposed development.
The amount of credit toward open space requirements shall be equivalent
to the size of this tract.
(4) The historic feature shall not be moved unless it
is not possible to preserve it in place. Professional building movers
experienced in moving historic resources shall undertake any move.
Professional archeologists shall undertake the extraction of artifacts.
The historic feature shall be documented by a professional archeologist
prior to moving or extraction. Preferably, the new location shall
be within the same general historic landscape area as the historic
feature's original location.
(5) As determined appropriate by the Board of Supervisors,
the applicant shall be required to provide interpretive signage explaining
the significance of the historic feature.
(6) The applicant shall donate an easement on the historic
feature, including the general historic landscape, to a qualified
conservation organization or to Upper Uwchlan Township.
(7) The historic feature and the tract upon which it is
located shall be maintained by the owner of the tract, a community
association, a public agency, or a private conservation group which
shall be responsible for the maintenance of the historic feature and
its grounds.
(8) The applicant shall be responsible for improvements
to the site deemed necessary by the Board of Supervisors to protect
public safety.
(9) Upon receipt of final development approvals, the applicant
shall contribute all applicable data to the Township which shall support
any Township-specified system of recording historic features which
have been credited to open space requirements, the amount of land
per historic feature so credited, or any other appropriate and related
data category.
[Amended 6-17-2002 by Ord. No. 02-04]
Any activity or use subject to this chapter shall comply with the provisions of §
200-73 of Chapter
200, Zoning.
[Added 6-17-2002 by Ord. No. 02-04]
A. Applicability. Landscaping conforming to the provisions
of this section shall be provided in any of the following situations:
(1) Required screening.
(a)
Where any use or activity is subject to the screening requirements of §
200-77 of Chapter
200, Zoning;
(b)
Any situation where screening is imposed by
the Zoning Hearing Board or otherwise by the Township as a condition
of any approval or permit. In consideration of any approval or permit,
the Township may require screening or buffering for the purpose of
providing privacy for dwellings, separating incompatible land uses,
shielding unattractive structures from view, noise abatement or reduction
in light or glare.
(2) Perimeter buffer requirement. The entire perimeter of any tract subject to subdivision or land development approval, or any tract occupied by a use subject to the provisions of §
200-78 of Chapter
200, Zoning, shall be provided with a minimum twenty-foot-wide buffer planting strip which will act as an effective separation between uses. The perimeter buffer strip shall be designed, installed, and maintained in compliance with the requirements of this section.
(3) General landscaping requirement. On any tract subject to subdivision or land development approval, or any lot or tract occupied by a use subject to the provisions of §
200-78 of Chapter
200, Zoning, any part or portion of such 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 landscaped according to an overall landscape plan, prepared and approved as provided in this section or shall be left in its natural state.
(4) Parking lot landscaping requirement. On any tract subject to subdivision or land development approval, or any lot or tract occupied by a use subject to the provisions of §
200-78 of Chapter
200, Zoning, all parking lots or areas shall be landscaped subject to the provisions of Subsection
C(7) below.
B. Landscape plan.
(1) All required landscaping and screening shall be installed and maintained in accordance with a landscape plan prepared by a qualified landscape architect and approved by the Township. The landscape plan shall depict all proposed plantings required to complement, screen or accentuate building, roads, parking areas, sidewalks, walkways, sitting areas, service or maintenance structures, courtyards, entry road treatments, and other site features and/or structures. Plant sizes, spacing and types shall be in accordance with this section, especially Subsection
C, Landscape design standards.
(2) All required landscape plans shall be submitted at
the time when all other required applications and/or plans are submitted
(e.g., sketch, preliminary, or final land development plan submission,
conditional use approval application, change in use, etc.). 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 respects/incorporates existing
topography, landscape, and other natural features such as hedgerows
and woodlands.
(c)
A design which demonstrates an effective proposal
for screening the proposed use or activity from the adjoining properties.
(d)
A design which creates visual interest for the
users and/or residents of the proposed project, and enhances views.
(e)
A design which promotes effective management
of stormwater to minimize soil erosion and sedimentation and creates
opportunities for infiltration to the groundwater system.
(f)
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.
(3) Submitted landscape plans shall include notes, diagrams,
sketches or other depictions appropriate to demonstrate consideration
and analysis of the following:
(a)
Consistency with the objectives stated in Subsection
B(2), above, as well as the design standards of Subsection
C below.
(b)
Analysis of the site in terms of existing site
conditions, including topography and vegetation, and existing views
to and from the areas which are proposed for development.
(c)
Analysis of any need(s) for screening related
to the proposed development or use.
(d)
Consideration of the use of introduced landscaping
to provide visual interest, define outdoor spaces, complement architectural
features, blend into surrounding landscapes and/or other aesthetic
purposes.
C. Landscape design standards. All required landscaping
shall be designed, installed and maintained in accordance with the
standards herein, including specific standards for screening, street
trees, perimeter buffer and parking area landscaping, as applicable.
(1) Total plantings required. The minimum number of plantings required shall be determined in accordance with Subsection
D below. Required plantings may be utilized anywhere on the subject site for purposes of compliance with general landscape standards as well as specific standards for screening, perimeter buffer and parking area landscaping, as applicable. 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. Existing trees and shrubs to be retained and protected may be credited towards the minimum planting standards, subject to review and approval of the Township. Where existing trees have been identified for credit, the Township may require the applicant to commit to a tree replacement program for nonsurviving plants.
(2) Mitigation of development impacts. Consistent with the terms of this section and especially with the results of the screening analysis conducted in accordance with Subsection
B(3)(c), applicant shall plant trees and shrubs and make other landscape improvements (e.g., berms, fencing) as necessary to mitigate any adverse impacts of the proposed action or project, including visual impacts on the subject property, adjoining properties, and the Township in general, and otherwise address landscape issues identified through the required landscape planning process.
(3) General landscape design.
(a)
Plantings and other landscape improvements shall
be provided in arrangements and locations to have an overall benefit
to the landscape and in response to specific site conditions. Additional
considerations shall include feasibility of using native species,
proximity to existing dwellings, compatibility of adjacent uses and
landscaping, nature of views into and across the subject site, and
in consideration of privacy of neighboring residential development.
(b)
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.
(c)
In selecting the location and mix of required
plantings, consideration shall be given to the natural landscape characteristics
of the setting, the environmental conditions to be created following
site disturbance, 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.
(d)
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.
(e)
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.
(4) Perimeter buffer.
(a)
Except where screening is required, the perimeter
buffer need not be planted entirely with trees and shrubs, but is
intended to blend into the surrounding landscape.
(b)
The Township may reduce or eliminate the perimeter
buffer requirement where any tract abuts similar uses such that the
Board agrees that buffering is not necessary or where the applicant
can demonstrate to the satisfaction of the Board that existing vegetation,
structural and/or topographic conditions will, on a year-round basis,
buffer the subject development or use from view from adjacent tracts.
(c)
Except for post-and-rail or board fences less
than four feet in height and stone landscape walls, no fences or walls
shall be located within any required perimeter buffer along any public
street or road. Fences and walls provided for security or access control
purposes, and constructed of chain link or any solid material and/or
exceeding four feet in height, may be located behind the perimeter
buffer and shall be screened from view in accordance with the provisions
of this section.
(d)
The perimeter buffer strip may include or coincide
with areas where screening is otherwise required and may be included
in private yard space, common open space, or a combination thereof;
the perimeter buffer strip may also be part of any required setback
areas as well as be part of any established usable lot area.
(5) Screening. Where specific requirement(s) for visual
screening have been identified, the following design standards shall
be employed. See Appendix I for the minimum screening standards sample
calculation.
(a)
Vegetative screening shall include a variety
of evergreen species so as to provide a year-round visual barrier.
Evergreen plantings shall be provided that are at least seven to eight
feet in height, planted at intervals no less than 10 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
to five feet in height, substituted at a ratio of three to one and
planted at intervals of five feet on center. See Appendix I for the
minimum screening sample calculation.
[Amended 1-17-2006 by Ord. No. 06-01]
(b)
Screening shall incorporate earthen mounds or
berms where appropriate to improve sound as well as visual buffering.
Where earthen berms are used, they should be designed to be low-profile,
and supplemented with plantings so that an effective visual barrier
of at least eight feet in height measured from the crown of the adjoining
public street is created in appropriate locations, particularly where
used to screen outdoor storage, truck or heavy equipment parking,
storage and loading areas or trash dumpsters from public view. If
berms are used as a landscape or screening feature, plantings are
to be installed on both sides of the berm, not solely at the ridgeline
or top of the berm, and shall be subject to the review and approval
of the Township. Side slopes shall not exceed a 4:1 ratio, and berms
shall be designed to blend with adjoining property topographic conditions
or similarly landscaped buffer rather than end abruptly at the property
line.
(c)
Other than street trees, no trees shall be placed
with their center less than five feet from any property line, and
no shrubs with their center less than two feet from any property line.
(d)
Screening shall be designed so as not to obstruct
sight distances at intersections.
(e)
Vegetative screening shall be continuously maintained
for the duration of operation of the use for which screening is required.
During such period, any plant material which does not survive shall
be replaced prior to the start of the next growing season.
(6) Street trees. Any subdivision or land development
shall provide street trees along the entire length of any public street.
Street trees of varying species shall not be planted so close to the
cartway edge that they become a maintenance problem, but close enough
to the cartway edge to provide shade. The arrangements and locations
of all street trees should be shown on the landscape plan and are
subject to review and approval by the Township. The arrangements and
locations of tree plantings shall respond to specific site conditions
and development design objectives and shall comply with the following:
(a)
Selected street tree species shall be hardy indigenous varieties with minimal maintenance requirements, and shall be selected such that, at maturity, they shall provide adequate summer shade along the public road. The Township may consider approval of nonindigenous species on a case-by-case basis. Selected street tree species shall be of the nongrafted type. Refer to Subsection
H for a suggested species list.
(b)
The spacing between street trees shall be no
greater than 50 feet.
(c)
At the time of planting, street trees shall
be at least 14 feet to 16 feet in height and three-inch to three-and-one-half-inch
caliper in size.
(7) 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 using bioretention islands; 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)
Any parking for five or more vehicles on a lot
which abuts a residential district or a lot for residential purposes,
whether single-family or multifamily, shall be screened from the adjacent
property by an effective vegetative screen the entire length of said
parking lot, in accordance with the requirements of this section.
(c)
The interior of each parking area or lot shall have at least one shade tree for every five parking spaces. Such shade trees shall meet the standards provided for street trees in Subsection
C(6) above.
(d)
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 bordered
appropriately to prevent erosion or damage from automobiles. Bollards
may be used to afford protection of trees from vehicular movement.
(e)
Planting areas utilized for stormwater management/bioretention
can count toward parking lot landscaping minimum requirements. Such
planting area design and maintenance shall be clearly described in
the applicant's stormwater management plan submitted as part of a
subdivision or land development application.
(f)
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 access ways, to prevent the encroachment of moving
vehicles into parking areas.
[2]
Landscaped islands at least 15 feet wide shall
be provided between each set of two parking bays, except as otherwise
approved by the Township.
[3]
Landscaped islands shall be provided at the
end of each parking bay where such parking bay abuts or opens onto
any street or accessway. Such landscaped islands shall be at least
15 feet in width and shall extend parallel to the parking spaces in
each abutting parking area the length of one parking space. No more
than 20 parking spaces shall occur between islands. Parking bays providing
more than 20 spaces in a single bay shall be broken by a similar landscape
island.
[4]
Two feet of each parking stall adjacent to planting strips required in Subsection
C(7)(f)[1] and
[2] above shall be of a permeable surface (e.g., concrete paver blocks filled with stone) to allow water to percolate into the ground.
(g)
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.
(h)
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.
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. See Appendix II for the minimum
planting standards sample calculation.
Improvement/Conditions
|
Deciduous
Trees
|
Evergreen
Trees
|
Shrubs
|
---|
Per 1,000 square feet gross building area, ground
floor only (building "footprint"); residential subdivisions exempt
|
2
|
1
|
8
|
Per 2,000 square feet off-street parking or
loading area, excluding driveways less than 18 feet wide; residential
subdivisions exempt
|
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 applicant can demonstrate to the satisfaction
of the Township 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.
(a)
Plantings used to comply with the minimum number
of plantings required as above shall be:
[1]
Deciduous trees: three-inch to three-and-one-half-inch
caliper, minimum.
[2]
Evergreen trees: seven feet to eight feet in
height, minimum
[3]
Shrubs: 24 inches to 30 inches in height, minimum.
(b)
Plantings and their measurement shall conform
to the standards of the publications "American or U.S.A. Standard
for Nursery Stock," American National Standards Institute (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 U.S. Department of Agriculture (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
Township, plantings required as above may be waived or reduced if
applicant can demonstrate to the satisfaction of the Township that
retaining existing plant material or other means of landscaping substantially
achieves the objectives of this section. The applicant shall note,
on all appropriate submittals, the location, type, extent, and condition
of the existing plant materials or other means of landscaping that
would be the basis for the proposed waiver or reduction. Should the
Township issue a waiver or reduction, the approved, existing plant
materials or other means of landscaping shall be protected during
construction from impacts such as, but not limited to, root compaction,
debarking, and soil stripping. The Township shall conduct a post-construction
inspection, and reserves the right to require additional plantings
if the existing plant material or other means of landscaping are damaged
or did not survive construction.
E. 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
suitability 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, availability, and drought
and salt resistance.
(2) Use of native plants, because of their many benefits (such as ease of maintenance, longevity, wildlife habitat, etc.), is encouraged to meet the requirements of this section. A suggested plant list is included in Subsection
H.
(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.
F. Conservation of existing vegetation and natural features. Consistent with §
162-55A of this chapter, all landscape plans shall be designed to conserve woodlands, hedgerows, watercourses, specimen trees, and riparian buffer areas, and to minimize woodland disturbance. 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 §
162-55.
G. 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) Applicant shall make arrangements acceptable to the
Township that all landscaping incorporated into the landscape plan
and proposed in accordance with this chapter shall be maintained in
a healthy and/or sound condition, or otherwise be replaced once by
equivalent improvements, for one complete growing season after the
date of construction completion. 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 §§
162-61,
162-63, and
162-64 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 or existing vegetation in accordance with Subsection
G(2) above. In addition, an escrow may be required for the removal and replacement of specimen vegetation damaged during construction. These escrows shall be in addition to any financial security posted for dedication of other required improvements. At its sole discretion, the Township may remedy failure to complete installation or to maintain required landscape improvements in accordance with the provisions of this chapter.
H. Suggested plant list (not an exclusive list). Examples of species appropriate for use where screening is required are indicated with an asterisk (*). Street tree specifications, as referenced in Subsection
C(6) of this section and §
200-78 of Chapter
200, Zoning, include, but are not limited to, the following species, noted by "ST":
[Amended 1-17-2006 by Ord. No. 06-01]
Common Name
|
Latin Name
|
---|
Evergreen Trees:
|
|
|
Eastern redcedar*
|
Juniperus virginiana
|
|
Canadian Hemlock
|
Tsuga canadensis
|
|
Red (Eastern or Yellow) spruce*
|
Picea rubens
|
|
Norway spruce*
|
Picea abies
|
|
Eastern White Pine*
|
Pinus strobus
|
Common Name
|
Latin Name
|
---|
Shade Trees:
|
|
|
Red maple, ST
|
Acer rubrum
|
|
Sugar maple, ST
|
Acer saccharum
|
|
White ash, ST
|
Fraxinus americana
|
|
Green ash, ST
|
Fraxinus pennsylvanica
|
|
Sycamore
|
Platanus occidentalis
|
|
White oak, ST
|
Quercus alba
|
|
Northern red oak, ST
|
Quercus rubra
|
|
Tulip poplar
|
Liriodendron tulipifera
|
|
Scarlet oak, ST
|
Quercus coccinea
|
|
Pin oak, ST
|
Quercus palustris
|
|
Shagbark hickory
|
Carya ovata
|
|
American basswood
|
Tilia americana
|
|
American beech
|
Fagus grandifolia
|
|
London plane tree
|
Platanus acerifolia
|
Common Name
|
Latin Name
|
---|
Small Trees and Shrubs:
|
|
|
Rhododendron
|
Rhododendron sp.
|
|
Black cherry
|
Prunus serotina
|
|
Shadbush/Serviceberry*
|
Amelanchier canadensis
|
|
Redbud
|
Cercis canadensis
|
|
Flowering dogwood*
|
Cornus florida white
|
|
Winterberry
|
Ilex verticulata
|
|
Washington hawthorn*
|
Crataegus phaemopyrum
|
|
Highbush blueberry
|
Vaccinium corybosum
|
|
Sourwood
|
Oxydendrum arboreum
|
|
Ironwood
|
Ostrya virginiana
|
|
Arrowwood
|
Viburnum dentatum
|
|
Black Haw
|
Viburnum prunifolium
|
[Added 6-17-2002 by Ord. No. 02-04;
amended 6-15-2020 by Ord. No. 2020-01]
A. Purposes.
(1) To require and set minimum standards for outdoor lighting to provide
lighting in outdoor public places where public health, safety and
welfare are potential concerns.
(2) To protect drivers and pedestrians from the glare of nonvehicular
light sources that shine into their eyes and thereby impair safe traverse.
(3) To protect neighbors and the night sky from nuisance glare and stray
light from poorly aimed, placed, applied, maintained or shielded light
sources.
(4) To provide for outdoor lighting in a manner consistent with Township
objectives to protect and retain desired character.
B. Applicability.
(1) Unless otherwise approved by the Township, outdoor lighting shall
be required for all uses where necessary to provide for public safety
and personal security during hours of darkness where there is public
assembly and traverse, including but not limited to the following
uses: multifamily residential, commercial, industrial, public-recreational
and institutional.
(2) The glare-control requirements contained herein shall apply to lighting
in all above-mentioned uses as well as, but not limited to, signs,
architectural lighting, landscape lighting, and residential lighting.
C. Criteria.
(1) Illumination levels. Lighting, where required or permitted by this
chapter, 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, as amended from time to time, including but not limited
to the following examples:
Use/Task
|
Maintained Footcandles
|
---|
Streets:
|
|
Local commercial
|
0.9 Avg.
|
Residential
|
0.4 Avg.
|
Parking: multifamily residential
|
|
Low vehicular/pedestrian activity
|
0.2 Min.
|
Medium vehicular/pedestrian activity
|
0.6 Min.
|
Parking: industrial/commercial/institutional/municipal
|
|
High activity, e.g., regional shopping, fast food,
major event venues
|
0.9 Min.
|
Medium activity, e.g., community shopping, office
parks, hospitals, commuter lots, cultural/civic/recreational events
|
0.6 Min.
|
Low activity, e.g., neighborhood shopping, industrial
employment, schools, churches
|
0.2 Min.
|
Sidewalks
|
0.5 Avg.
|
Building entrances: commercial/industrial/institutional
|
5.0 Avg.
|
Spectator sport safe pedestrian exit [Subsection G(1)(e)]
|
1.0 Min.
|
NOTES:
|
---|
1)
|
Illumination levels are maintained horizontal footcandles on
the task, e.g., pavement or area surface.
|
2)
|
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 by 4).
|
(2) Lighting fixture design.
(a)
Fixtures shall be of a type and design appropriate to the specific
lighting application.
(b)
For lighting horizontal tasks such as roadways, sidewalks, entrances
and parking areas, fixtures shall meet full-cutoff criteria (no light
output emitted above 90° and no more than 10% of lumen output
emitted in the 80 to 90 zone, at all lateral angles around the fixture).
(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 desired character
of the Township and achievement of acceptable glare control.
(d)
Where requested by the Township, all fixtures shall be equipped
with or be modified to incorporate light directing and/or shielding
devices such as shields, visors, starts, or hoods to redirect offending
light distribution and/or reduce direct or reflected glare.
(e)
For residential applications, omnidirectional fixtures (e.g.,
post top, wall bracket, wall pack, globe and sphere) shall have a
cumulative lamp output per fixture not to exceed 40 watts incandescent
or six watts LED.
(f)
Unshielded fixtures, such as NEMA-heads, "barn lights" or "dusk-to-dawn
lights," shall not be permitted where their light output and/or glare
intrudes into other uses, unless fitted with a reflector or shielding
to render them full-cutoff.
(g)
Theme lighting, as a supplement to regular site lighting, is
encouraged in the Township villages and in new residential or commercial
developments, subject to Township approval. Theme lights shall have
good shielding and lamp-hiding qualities to be of low brightness or
lamped with the lowest possible wattage bulb so as not to produce
distracting and potentially hazardous glare at night.
(h)
LED light sources shall have a correlated color temperature
(CCT) that does not exceed 3000K in commercial and industrial districts
and does not exceed 2700K in residential districts and for residential
uses.
(3) Control of glare.
(a)
All outdoor lighting, whether or not required by this chapter, on private, residential, commercial, industrial, recreational or institutional property 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. All outdoor lighting shall comply with Subsection
C(3)(i) of this section.
(b)
All outdoor lighting fixtures shall be shielded in such a manner that the edge of the shield shall be level with or below the light source, so that direct light emitted above the horizontal is eliminated. Modification of this standard may be permitted for theme lighting or for outdoor residential lighting fixtures not exceeding 1,000 lumens, measured at the source(s) of light, where the Township is satisfied that the objectives of Subsection
C(3) are not otherwise compromised. Where applicable, approval of such modification shall be subject to the provisions of §
200-79B of Chapter
200, Zoning.
(c)
Floodlights and spotlights 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 roadway.
(d)
Unless otherwise allowed or limited by 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 extinguish outdoor
lighting fixtures during the hours of 11:00 p.m. and dawn, or to only
have lighting on when motion is detected, in order to mitigate glare
and sky-lighting consequences. Time clocks shall have astronomic dials
that track daylight hours shifts, and capacitor or battery backup
to preserve clock settings in the event of a power outage.
(e)
Lighting proposed for use after 11:00 p.m., or after the normal
hours of operation, for commercial, industrial, or institutional applications
shall be reduced by extinguishing 75% of luminaires, or dimming their
light output by 75% from then until dawn unless supporting a specific
purpose and approved by the Township.
(f)
All illumination for buildings and/or surrounding landscapes
for decorative, advertising or aesthetic purposes between 11:00 p.m.
and sunrise shall be by permit, except that such lighting situated
on the premises of a commercial establishment may remain illuminated
while the establishment is actually open for business, and until one
hour after closing.
(g)
Light output for flagpole lighting may not cumulatively exceed
10,000 lumens, measured at the source(s) of light.
(h)
Vegetative 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 full-cutoff fixtures, shields
and baffles, and appropriate application of fixture mounting height,
wattage, aiming angle and fixture placement.
(i)
The intensity of illumination projected onto a residential use
from another property shall not exceed 0.1 vertical footcandle, measured
line-of-sight at the property line.
(j)
All illumination for signs shall comply with the provisions in Chapter
200, Zoning.
(k)
Except as specifically approved by 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 full-cutoff criteria
shall not be mounted in excess of 16 feet above grade.
(l)
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, and shall
be extinguished between the hours of 11:00 p.m. and dawn unless allowed
by the Township.
(m)
Canopy lighting, e.g., for service stations, fuel dispensing
facilities and bank drive-ups, shall be accomplished using flat-lens
full-cutoff downlighting fixtures, shielded in such a manner that
the edge of the fixture shield shall be level with or below the light
source envelope.
(n)
The use of white strobe lighting for tall structures such as
smokestacks, chimneys and radio/communications/television towers is
prohibited, except as otherwise required under Federal Aviation Administration
regulations.
(o)
Wall-mounted luminaires shall not be used to provide area lighting
unless it can be demonstrated to the satisfaction of the Township
that pole-mounted lighting would not be possible.
(4) Installation.
(a)
For new and replacement 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 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
from potential vehicular impact by other approved means.
(c)
Lighting fixtures shall not be mounted in excess of 20 feet
above the finished grade of the surface being illuminated by that
fixture, regardless of any difference in elevation of the grade where
the pole supporting the lighting fixture is located. Where parking
consists of 100 or more contiguous spaces, the Township may consider
permitting a luminaire mounting height not exceeding 25 feet above
finished grade.
(5) Maintenance. Lighting fixtures and ancillary equipment shall be maintained
so as always to meet the performance requirements of this chapter
and be in acceptable aesthetic condition.
D. Plan submission.
(1) Lighting plans shall be submitted to the Township for review and
approval with any preliminary and/or final subdivision land development
plan submission and with any conditional use, special exception, or
variance application where applicable, and shall include:
(a)
A site plan showing: all structures, parking spaces, building
entrances, traffic areas (both vehicular and pedestrian), and vegetation
that might interfere with lighting; adjacent use(s) that might be
adversely impacted by lighting, and a layout of all proposed fixtures
by location and type. Included shall be not only area lighting but
also architectural lighting, theme lighting, landscape lighting, building
lighting, etc.
(b)
Ten feet by 10 feet maintained illuminance grid (point-by-point)
plot, taken out to 0.0 footcandle, which demonstrates compliance with
the intensity, uniformity, and light-trespass requirements as set
forth in this chapter. The maintenance (light-loss) factor used in
calculating the illuminance levels shall be documented on the lighting
plan.
(c)
Description of the proposed lighting equipment, including fixture
and pole catalog cuts, a statistical area summary listing minimum,
average and maximum plotted values by area, maximum to minimum uniformity
ratios, photometrics of luminaires, plots of predicted illuminance
values, including any off-site light trespass, glare reduction devices,
lamps, LED correlated color temperatures, light depreciation values
used in the plotted illuminances, on/off control devices, luminaire
mounting heights, pole foundation details and the names of the .ies
files used to generate the plotted illuminance values.
(2) The Building Code Officer may require submission of lighting plans
for review and approval by the Township, as stipulated above, with
any building permit application for other than single-family residential
use.
(3) When requested by 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 retain the character the Township
is attempting to achieve.
(4) The following note shall be placed on the lighting plan: "Post approval
alterations to lighting plans or intended substitutions for approved
lighting equipment shall be submitted to the Township for review and
approval prior to installation."
E. Post installation inspection. The following note shall be placed
on any required lighting plan: "The Township reserves the right to
conduct post installation nighttime inspections to verify compliance
with the commitments made on the approved lighting plan, and, if appropriate,
to require remedial action at no expense to the Township."
F. Residential development fixture placement. Where required by this
chapter, streetlighting fixtures shall be installed in residential
developments and placed at the discretion of the Township.
(1) At the intersection of public roads with entrance roads to the proposed
development.
(2) Intersections involving proposed public or nonpublic major-thoroughfare
roads within the proposed development.
G. General standards for recreational lighting.
(1) The use of outdoor recreational facilities during hours of darkness
is permitted or denied strictly at the discretion of the Township.
Where the use of such facilities is specifically allowed by the Township,
the lighting shall comply with the following requirements:
(a)
No outdoor recreational lighting fixtures shall be mounted within
500 feet of any residence, except for the minimum lighting needed
to promote safety. Fixture output shall not be directed toward any
residence nor, to the extent possible, shall light-emitting fixture
elements (lamps and reflectors) be visible from any residence.
(b)
Lighting shall be accomplished only through the use of full-cutoff
fixtures or as otherwise approved by the Township based upon acceptable
glare and light trespass control.
(c)
The light trespass requirements contained in Subsection
C(3)(i) of this section shall apply.
(d)
When requested by the Township, applicant shall submit a visual
impact plan that demonstrates appropriate steps have been taken to
mitigate on- and off-site glare and light trespass.
(e)
Recreational users shall schedule events so that they end by
9:30 p.m. All lighting shall be extinguished by 9:30 p.m. except that
lighting required to permit safe exit from the facility.
(f)
Commercial, outdoor recreation uses (e.g., golf driving ranges, trap shooting facilities) shall be illuminated consistent with Subsection
G(2) of this section; such illumination shall be extinguished by 9:30 p.m.
(2) Mounting heights. Mounting heights for outdoor recreational lighting
shall be generally in accordance with league regulations. However,
in all cases mounting heights shall not exceed the following maximums:
Sport
|
Maximum Mounting Height
(feet)
|
---|
Basketball
|
20
|
Field sports
|
70
|
Miniature golf
|
20
|
Tennis
|
30
|
Track
|
20
|
H. Temporary lighting.
(1) Temporary lighting shall comply with the provisions of this chapter.
(2) Temporary lighting that does not comply with the provisions of this
chapter shall be allowed by permit only.