The following principles of subdivision and land development, general requirements and minimum standards of design shall be observed by the applicant in all instances.
A. All portions of a tract being subdivided shall be taken up in lots, streets, public lands or other proposed uses so that remnants and landlocked areas shall not be created.
B. When only a portion of a tract or single holding is the subject of a subdivision or land development application, a sketch plan shall be submitted at the time of preliminary plan submission demonstrating that the remainder of the tract may be subdivided or developed in conformance with applicable zoning and subdivision and land development regulations and in a logical and consistent manner.
C. Wherever possible, applicants shall preserve trees, groves, waterways, scenic points, historic spots and other community assets and landmarks.
D. Subdivisions and land developments should be laid out so as to avoid the necessity for excessive cut or fill, unless specifically warranted by terrain or location.
E. Floodplain and flood hazard areas shall not be developed for any uses which may involved danger to the health, safety, morals and general welfare of the residents of Birmingham Township.
F. Where no public water supply is available for the proposed subdivision or land development, the Supervisors shall require the subdivider, developer or builder to obtain from the District Sanitarian of the Pennsylvania Department of Environmental Protection, prior to final plan approval, certificates of approval as to the quality and adequacy of the water supply proposed to be utilized by the subdivider, developer or builder and approval of the type and construction methods to be employed in the installation of the individual water supply system, or in the alternative, the Supervisors may condition final plan approval on obtaining such certificates and approval.
G. Where the subdivision or land development is inaccessible to sanitary sewers, the Supervisors shall require the subdivider, developer or builder to obtain from the County Sanitarian of Chester County, prior to final plan approval, certificates of approval of the sewage disposal facilities to be provided by the subdivider, developer or builder, or in the alternative, the Supervisors may condition final plan approval on obtaining such certificates and approval.
H. Applicants shall observe the ultimate rights-of-way for contiguous existing streets. Additional portions of the corridors for such streets shall be irrevocably offered to the state, county or Township agency having jurisdiction at no public cost. At the time of approval of the subdivision or land development, such agency shall have the right to accept such offer at such time as it deems appropriate. Applicable building setback lines as specified by Chapter
122, Zoning, shall be delineated as measured from the ultimate right-of-way street line.
I. Proposed subdivision and land development shall be coordinated with existing nearby neighborhoods so that the community as a whole may develop harmoniously.
J. Improvement construction requirements will be completed under specifications of the Pennsylvania Department of Transportation, the Pennsylvania Department of Environmental Protection, the Chester County Soil and Water Conservation District or other appropriate agencies or the specifications included herein, whichever specifications shall be more stringent.
K. The subdivider, developer or builder shall construct and install at no expense to the Township, the streets, curbs, sidewalks, water mains, sanitary and storm sewers, streetlights, fire hydrants, street signs, shade trees, monuments and other facilities and utilities specified in this Article. Construction and installation of such facilities and utilities shall be subject to inspection by appropriate Township officials or agents during the progress of the work, and the subdivider, developer or builder shall pay for such inspection.
L. In all proposed subdivisions, the lots shall abut a proposed or existing public or private road of specified design to provide safe ingress and egress.
M. The standards of design in this Article should be used to judge the adequacy of subdivision proposals. Wherever, in the opinion of the Planning Commission, the literal application of these standards in certain cases would serve to create an undue hardship, be plainly unreasonable to the applicant or be contrary to the public health, safety, morals or welfare, the Township Planning Commission may recommend to the Supervisors such reasonable exceptions as will not be contrary to the public interest. The Supervisors may modify or adjust the standards to permit reasonable utilization of property while securing substantial conformance with the objectives of these regulations.
N. All proposed improvements and land uses shall be suited to the purposes for which the land is to be subdivided or developed and shall conform to Chapter
122, Zoning, and to the Township Comprehensive Plan. No subdivision or land development shall be designed in a manner which is topographically unsuitable or would increase danger to health, life or property or aggravate existing erosion or flood hazards.
O. The standards included in these regulations are minimum design requirements. The Supervisors reserve the right in any case to request that development features exceed these standards if conditions so warrant.
[Amended 7-1-1999 by Ord. No. 99-04; 7-17-2000 by Ord. No. 00-12]
A. Purpose. The purpose of this section is to implement the Birmingham Township Comprehensive Plan's recreational provisions and the Open Space, Recreation and Environmental Resources Plan of 1994 (the "Recreation Plan") as specifically authorized by § 503(11) of the Pennsylvania Municipalities Planning Code, including:
(1) Providing a variety and balance of parkland and trail facilities which can meet the varied recreational needs of the community, including a Township-wide trail network, substantially in accord with the Township's Trail Network Plan;
(2) Preserving open space and protecting the environmental, scenic, historical and cultural features of Birmingham Township;
(3) Developing a system of facilities which can provide for and maintain recreation services effectively and efficiently;
(4) Providing Township residents with convenient accessibility to recreation facilities; and
(5) Supporting community development and stability by providing recreation sites, open space and trail systems for pedestrian, bicycling and/or equestrian use.
B. Plan submission. In submitting subdivision and land development plans, the applicant shall consider whether community facilities, especially trails, parks, recreation and open space areas are adequate to meet the needs of the additional dwellings proposed by the subdivision. The Recreation Plan identifies existing and proposed standards for these facilities. The Board of Supervisors shall review and either approve or disapprove (as applicable) the applicant's analysis of the adequacy of community recreational facilities in accordance with the provisions of the Recreation Plan.
C. Land for parks and recreation.
(1) All subdivision and land development proposals shall be required to meet the provisions of this §
103-26 for providing suitable land for parks and recreation. These provisions require that new development proposals provide land to be dedicated to meet public park and recreation needs. All proposed public park and recreation facilities are to be designated in accordance with the provisions of the Recreation Plan and Trail Network Plan.
(2) The amount and composition of land to be provided shall meet the following standards:
(a) The amount of land to be dedicated shall be not less than 0.125 acres per proposed residential unit. The Board of Supervisors, applying the Recreation Standards in Appendix E of the Recreation Plan, may require additional land be dedicated.
(b) All land is to be offered for public dedication, but can remain as private property for use by the residents of the proposed project at the discretion of the Board of Supervisors.
(c) The location and use of land to be dedicated to meet the provisions of this §
103-26C shall be designated in accordance with the Recreation Plan and Trail Network Plan, and shall be subject to review and approval by the Board of Supervisors, in accordance with the standards set forth in §
103-26D hereinbelow.
(d) Where the land to be subdivided or developed is traversed by either the "main loop" trail or "connector trails" as depicted on the Trail Network Plan, the land to be dedicated shall include, as a "linear park" addition to the Township's trail network, a right-of-way (for which an easement shall be dedicated, rather than fee simple ownership thereof), with a minimum width of 15 feet. The exact location of the trail or linear park easement shall be subject to review and approval by the Township Planning Commission and Board of Supervisors, and shall be designed to enable the easement area to become an integral portion of the trail network; traverse areas of the site having topographical conditions suitable for pedestrian, bicycling and/or equestrian usage; minimize grading or other impacts on natural resources; and minimize intrusion on the privacy of the future residents of the subdivision or land development.
D. Recreational facility characteristics and design standards. In designating recreational facilities within the subdivision and land development plan, the following criteria and standards shall be adhered to by the applicant and by the Board of Supervisors [with recommendations from the Planning Commission and the Recreation, Parks and Open Space (RPOS) Committee] in exercising its duty to approve or disapprove subdivision and land development plans:
(1) Recreational facilities shall be consistent with the Township Comprehensive Plan (including the Trail Network Plan) and Recreation Plan. High priority shall be given to the provision of trail easements and improvements thereto, as specified in §
103-26C(2)(d) above.
(2) Recreational facilities shall be suitable for active recreational uses to the extent deemed necessary by the Board, without interfering with adjacent dwelling units, parking, driveway and roads.
(3) Recreational facilities shall be consistent with natural historic features protection provisions, as and to the extent contained elsewhere in this section.
(4) The linkage of erosion and sediment control or stormwater control facilities with recreational facilities may be permitted and is encouraged by the Township, if the presence of such facilities does not conflict with proposed activities or detract from the aesthetic values associated with the recreational facility. Plans for combining these facilities should be submitted to the Township for review and approval.
(5) Recreational facilities and trails shall be interconnected with recreational facilities and trails on abutting parcels wherever possible, including as a high priority, provision for pedestrian trails and, where suitable, bicycling and/or equestrian trails, for general public use to create the Township's Trail Network.
(6) Recreational facilities shall be provided with sufficient perimeter parking when necessary, and with safe and convenient access by adjoining street frontage or other right-of-way easements capable of accommodating pedestrian, bicycle, maintenance and vehicle traffic and containing appropriate access movements.
(7) Recreational facilities shall be undivided by any public or private streets, except where necessary for proper traffic circulation, and then only upon the recommendation of the Township Engineer and Planning Commission.
(8) Recreational facilities shall be free of all structures, except those related to outdoor recreational uses.
(9) Recreational facilities shall be suitably landscaped either by retaining existing vegetation 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) Recreational facilities shall be conveniently accessible to the residents of Birmingham Township to improve the utility of the facility and to promote its use among the residents. This applies to private facilities with limited access, as well, in case it is ever offered for dedication to the Township.
E. Effect of dedication of land on allowed density of remaining development. Unless otherwise not includable for density calculations (e.g., floodplain area), land dedicated for recreational use shall be included in the density calculations for determining the number and character of dwelling units in a subdivision.
[Amended 7-1-1999 by Ord. No. 99-04]
A. Sidewalks and/or paths shall be provided, whenever appropriate to help reduce conflicts between pedestrians and vehicle traffic or in areas of high potential pedestrian use, such as in the vicinity of multifamily residential developments, office developments, schools and commercial or industrial centers. In addition, paths or trails shall be provided in cluster-type developments to provide access to and across common open space area, and to connect such developments to the Township's Trail Network. The Board of Supervisors shall also require, where land proposed for subdivision or land development includes any section of the Birmingham Township Trail Network, as mapped in the Comprehensive Plan for the Township, that trail easements consistent with the Trail Network Plan be dedicated for public use, in accordance with §
103-26.
[Amended 7-17-2000 by Ord. No. 00-12]
B. When constructed, sidewalks shall be either concrete or bituminous mix with a minimum of four feet in width and four inches thick except at driveway crossings when the sidewalk thickness shall be increased to six inches.
[Amended 6-5-1995 by Ord. No. 95-01; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. Stormwater management controls and facilities are governed by Chapter
101, Stormwater Management, of the Code of the Township of Birmingham.
B. Construction standards.
(1) Materials and methods of construction for all storm drainage facilities shall conform to Pennsylvania Department of Transportation Specifications, Form 408, as latest revised.
(2) Where required, storm sewers shall be placed out of street paving within the street right-of-way or within easements not less than 15 feet wide.
(3) Storm drains shall have a minimum internal diameter of 18 inches and a minimum grade of 0.5% (1/2 of 1%) unless alternatives are specifically approved by the Township Engineer.
(4) Changes in horizontal alignment shall be by straight sections connected by inlets or manholes provided that, with approval of the Township Engineer, special curved drain sections may be used where circumstances so warrant.
(5) Manholes shall be constructed at all changes in horizontal or vertical alignment, shall be spaced not more than 300 feet apart on pipe of twenty-four-inch internal diameter or less and not more than 500 feet apart where larger sizes are installed.
(6) Inlet spacing shall be so arranged that 95% of the gutter flow will be captured. Inlets at street intersections shall be placed on the tangent and not on the curved portions. The gutter adjacent to and immediately upgrade from the inlet shall be so warped as to direct the water into the inlet.
(7) Manhole and inlet castings, covers and frames shall conform to Pennsylvania Department of Transportation specifications.
(8) Bridges and culverts shall have ample waterway to carry expected flows and conform to Pennsylvania Department of Environmental Protection and Department of Transportation specifications. Culverts shall be provided with wing walls and constructed for the full width of the right-of-way. Bridges shall be provided with a paved flow line and with aprons and wing walls at each end.
[Amended 7-8-1986 by Ord. No. 86-04]
Shade trees shall be planted along both sides of all new streets at intervals of approximately 60 feet, except where tree masses have been preserved where shade trees would otherwise be located. Trees shall be placed back of the right-of-way line of streets, so as not to interfere with the installation and maintenance of sidewalks, drainage facilities and/or utilities and shall be of two-inch caliper, balled and burlapped and guaranteed for one year after planting. Species selection shall be at the discretion of the Board of Supervisors or as recommended by the Planning Commission.
All sanitary sewage disposal shall comply with the Birmingham Township Sewage Facilities Plan.
A. Community sewage system.
(1) Where a subdivision or land development is serviced by a central sanitary sewage collection and treatment system, it shall be of a type providing for land disposal of effluent (including spray irrigation methods, marsh-pond treatment and/or subsurface disposal methods) which complies with all requirements of the Pennsylvania Department of Environmental Protection.
(2) The system shall be regulated by the Pennsylvania Public Utilities Commission and satisfactory provisions for maintenance submitted.
B. Individual sanitary sewage disposal.
[Amended 1-7-1991 by Ord. No. 91-01]
(1) Individual on-lot sewage facilities shall be designed and installed only in accordance with the then-applicable regulations of the Pennsylvania Department of Environmental Protection and Chester County Health Department.
(2) The usable area for sewage disposal shall be shown on the final plan for each lot and shall conform to the then-applicable rules and regulations of the Pennsylvania Department of Environmental Protection and Chester County Health Department.
(3) Where on-lot systems are utilized for a subdivision proposed to be served by a community system within a reasonable period of time not to exceed 10 years, the Board of Supervisors may require the installation of a sanitary sewage collection system, commonly called "capped sewers."
(4) In no instance shall a septic tank, tile field or other effluent disseminating system (including any backup disseminating system) be installed and/or constructed in any manner, location, position or placement which is contrary to the rules and regulations of the Pennsylvania Department of Environmental Protection and/or the Chester County Health Department or other federal, state or local statutes or ordinances. All such septic tank, tile field or other effluent disseminating system facilities shall be located entirely within the lot boundaries of the dwelling unit which it services.
[Added 11-7-1994 by Ord. No. 94-08]
(5) In addition, on all lots of less than one acre, a backup absorption area meeting percolation test requirements of the Chester County Health Department shall be provided within the boundaries of such lots.
[Added 11-7-1994 by Ord. No. 94-08]
[Amended 4-16-2001 by Ord. No. 01-07]
A. If water is to be provided by means other than by private wells owned and maintained by the individual owners of lots within a proposed subdivision or land development, the applicant shall present evidence to the Board of Supervisors that the subdivision or land 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.
B. If off-site water service from a private public utility or association is to be used, mains must be sized to provide for adequate pressure and supply for the anticipated demands of the subdivision and to meet the minimum requirements for fire protection established by the Middle Department Association of Fire Underwriters. Minimum main size shall be six inches. If adequate source of supply and pressure is available, hydrants shall be installed at a maximum spacing so that properties to be built upon shall be within 600 feet of the hydrant. If adequate supply is not available, hydrant connectors shall be provided for future installation. System design and the design and development of water sources shall conform to the requirements of the Pennsylvania Department of Environmental Protection.
C. Where a permit is required by said Department, it shall be presented as evidence of much review and approval in the case of private or public systems before construction commences.
All other utility lines, including but not limited to electric, gas, streetlight supply and telephone, shall be placed underground. Installation of all utilities shall be in strict accordance with the engineering standards and specifications of the Township or other public utility concerned. All such underground utilities shall be put in place, connected and 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.
[Amended 2-18-2003 by Ord. No. 03-02]
A. Purpose. The standards in this section shall require and set minimum standards for outdoor lighting in order to:
(1) Provide for and control lighting in outdoor public places where public health, safety and welfare are potential concerns.
(2) Protect drivers and pedestrians from the disabling glare of nonvehicular light sources.
(3) Protect neighbors and the night sky from nuisance glare and light trespass from poorly shielded, aimed, placed, applied or maintained light sources.
(4) Promote energy efficient lighting design and operation.
(5) Protect and retain the intended character of Birmingham Township.
B. Applicability.
(1) Outdoor lighting shall be required for safety and personal security for uses that operate during hours of darkness where there is public assembly and/or traverse, including, but not limited to the following uses: commercial, industrial, public-recreational, institutional and multifamily residential developments.
(2) The Board of Supervisors may, in its sole discretion, require lighting to be incorporated for other uses or locations or may restrict lighting in any of the above-identified uses, as deemed necessary.
(3) The glare-control requirements herein contained apply to lighting in all above-mentioned uses as well as, but not limited to, sign, architectural, landscape, recreational, and residential lighting.
(4) Temporary decorative lighting is exempt from all but the glare control requirements of this chapter.
C. Definitions. As used in this section, the following terms shall have the meanings indicated:
FOOTCANDLE A unit of incident light quantity measurable with an illuminance meter, a.k.a., footcandle meter or light meter.
FULL CUTOFF A term used by the lighting industry to describe a lighting fixture from which no light is emitted at or above a horizontal plane drawn through the bottom of the fixture and no more than 10% of the lamp's light intensity is emitted at an angle 10º below that horizontal plane at all lateral angles around the fixture.
GLARE The sensation produced by excessive direct or reflected light that causes annoyance, discomfort or loss in visual performance to the eye. Glare is subjective and cannot be measured with a meter.
ILLUMINANCE The quantity of incident light per unit area, measured with a light meter in footcandles (or lux).
LIGHT TRESPASS The light created by a lighting installation which extends beyond the boundaries of the property on which the installation is sited.
LUMEN The light-output rating of a lamp (light bulb), as used in the context of this chapter.
D. Criteria.
(1) Illumination levels.
(a) Lighting, where required or permitted by this chapter, shall have intensities and uniformity ratios in accordance with the recommended practices of the illuminating Engineering Society of North America (IESNA) as contained in the IESNA Lighting Handbook, 9th Edition, or subsequent editions, or as contained in current publications of the IESNA Recommended Practices or Design Guides.
(b) The intensity of illumination projected onto a residential property from another property shall not exceed 0.1 vertical footcandle measured line-of-sight from any point on the adjacent residential property.
(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 the lighting of predominantly horizontal surfaces such as, but not limited to, roadways, areas of vehicular and pedestrian passage, merchandising and storage areas, automotive-fuel dispensing facilities, automotive sales areas, loading docks, culs-de-sac, active and passive recreational areas, building entrances, sidewalks, paths, site entrances and parking areas, fixtures shall be aimed straight down and shall meet IESNA full cutoff criteria, unless the aggregate wattage per fixture does not exceed the output of a standard sixty-watt incandescent lamp, in which case noncutoff fixtures shall be permitted.
(c) For the lighting of nonhorizontal surfaces such as, but not limited to, facades, landscaping, signs, fountains, displays, flags and statuary, the use of lighting not meeting IESNA full cutoff criteria shall be permitted only with the approval of the Board of Supervisors or its designee based upon acceptable glare control (approval shall not be required if the aggregate wattage per fixture does not exceed the output of a standard sixty-watt incandescent lamp, i.e., 1,000 lumens).
(d) "Barn lights," a.k.a., "dusk-to-dawn lights," shall not be permitted where they are visible from other uses or properties, unless fitted with a reflector or shield to render them full cutoff.
E. Installation.
(1) Electrical feeds for fixtures mounted on poles shall be run underground, not overhead.
(2) Lighting standards at the rear of parking spaces shall be placed a minimum of five feet outside the paved area, curbing or tire stops, or on concrete pedestals at least 30 inches high above the pavement, or suitably protected by other approved means.
(3) Fixtures meeting IESNA full cutoff criteria shall not be mounted in excess of 20 feet above finished grade of the area being illuminated.
(4) Fixtures not meeting IESNA full cutoff criteria shall not be mounted in excess of 16 feet above grade of the area being illuminated.
F. Maintenance. Lighting fixtures and ancillary equipment shall be maintained so as always to meet the requirements of this chapter.
G. Recreational lighting. When facilities for outdoor recreational activities (such as, but not limited to, baseball, tennis, football and miniature golf), are specifically permitted by the Township to operate during hours of darkness, excluding recreational accessory uses which are permitted on properties in the R-A, A-RT, R-1 and R-2 Zoning Districts, the following lighting requirements shall apply:
(1) Lighting shall be accomplished only through the use of fixtures conforming to IESNA full cutoff criteria, or as otherwise approved by the Township based on suitable control of glare and light trespass.
(2) For new recreational facilities and recreational facilities wishing to change their hours of operation during hours of darkness, sporting events shall be timed so that all lighting in the sports facility, other than lighting for safe exit of patrons, shall be extinguished by 10:00 p.m., regardless of such occurrences as extra innings or overtimes.
(3) Golf driving ranges and trap shooting facilities shall not be artificially illuminated.
(4) The foregoing outdoor recreational activities shall not be illuminated if located within any residential district or sited on a nonresidential property located within 1,200 feet of a residential use.
(5) Maximum mounting heights for recreational lighting shall be in accordance with the following:
Type | Maximum Mounting Height (feet) |
---|
Basketball | 20 |
Football | 70 |
Soccer | 70 |
Little League baseball | |
200 foot radius | 60 |
300 foot radius | 70 |
Miniature golf | 20 |
Tennis | 20 |
Track | 20 |
H. Plan submission.
(1) For subdivision and land development applications where site lighting is required or proposed, lighting plans shall be submitted to the Township for review and approval with any preliminary or final subdivision/land development plan application and with any conditional use, special exception, variance application or any building permit where requested, and shall include:
(a) 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, and a layout of all proposed fixtures by location, mounting height and type. The submittal shall include, in addition to area lighting, exterior architectural lighting, building entrance lighting, landscape lighting, etc.
(b) Ten feet by 10 feet illuminance-grid (point-by-point) plot of maintained footcandles, plotted out to 0.0 footcandles, which demonstrates compliance with the light trespass, intensity and uniformity requirements as set forth in this chapter or as otherwise required by the Township. The lamp lumen rating and type, maintenance (light-loss) factors and IES file names used in calculating the illuminance levels shall be documented on the plan.
(c) Description of the proposed equipment, including fixture catalog cuts, photometrics, glare-reduction devices, lamps, on/off control devices, mounting heights, pole foundation details and mounting methods.
(d) The following notes shall appear on the lighting plans:
[1] Postapproval alterations to lighting plans or intended substitutions for approved lighting equipment shall be submitted to the Township for review and approval.
[2] The Township reserves the right to conduct postinstallation nighttime inspections to verify compliance with the requirements of this chapter and, if appropriate, to require remedial action at no expense to the Township.
[3] The applicant shall identify the following items in a note: the date and edition of the IESNA manual which was in effect when the land development application was approved and the specific lighting criteria (intensity, illumination levels and uniformity ratio) that applied to the development as contained in the IESNA Handbook or Recommended Practices or Design Guides that were in effect when the application was approved.
(2) When requested by the Township, the applicant shall also submit a visual-impact plan that demonstrates appropriate steps have been taken to mitigate on-site and off-site glare and light trespass to retain the Township's intended character.
[Added 9-16-1991 by Ord. No. 91-08]
A. Applicability.
(1) Disturbance or destruction of environmentally sensitive areas shall be minimized. Where such areas are proposed to be disturbed, the applicant shall mitigate the adverse environmental impacts.
(2) Where there exist competing values for nondisturbance, the following priority of values shall be adhered to, unless specifically waived by the Board of Supervisors, in the design of a subdivision or land development:
(a) Wetlands, flood hazard areas and stream valleys.
(b) Woodlands, tree clusters, specimen trees and other wildlife habitat resources.
(c) Visual resources (historic and scenic resources).
(d) Slopes of 25% and greater.
(e) Slopes of between 15% and 25%.
B. Wetlands, flood hazard areas and stream valleys.
(1) Should the existence of wetlands be indicated as per the requirements of §
103-22B(1)(b)[3], a wetlands delineation shall be performed by a licensed professional engineer, hydrogeologist, soil scientist or similarly qualified professional experienced in wetlands ecology, selected by the applicant and at the applicant's expense. Subdivision and land development plans shall show the delineation and indicate any disturbance of wetlands anticipated.
(2) In the event of uncertainty with respect to the existence of or extent of wetland area(s), the Township may, at its discretion, request that either the Army Corps of Engineers or the Pennsylvania Department of Environmental Protection verify the findings and perform a delineation at the applicant's expense. The applicant will be required to secure any required wetlands permits, unless the applicant's activity clearly will not impact existing wetlands.
(3) Where wetlands exist and disturbance permits and/or mitigation activities are required, final plan approval or granting of applicable permits from the Township shall be contingent upon the applicant's receiving all necessary wetlands permits and the approval of the Township Engineer.
(4) The plans shall conform to the requirements of Article
XIII of Chapter
122, Zoning, with respect to flood hazard areas, and shall conform to the requirements of §
122-97.1 (Riparian buffer protections) of Chapter
122, Zoning.
[Amended 12-21-1998 by Ord. No. 98-15]
(5) Where feasible, the plans shall leave margin areas contiguous to wetlands and flood hazard areas and areas with seasonally high water table undisturbed in order to better protect these resources from construction activities and to enhance visual resources. The width of such margin areas shall be dependent upon the site characteristics of the tract. (For example, where it is necessary to disturb margin areas in order to preserve other environmentally sensitive areas, disturbance of margin areas will be permitted.)
C. Woodlands, tree clusters, specimen trees and other wildlife habitat resources.
(1) No wooded lot undergoing development shall be disturbed in such a manner that the number of living trees having a DBH of six inches or greater on the lot prior to any disturbance shall be reduced by more than 25% by such disturbance. In instances where disturbance or tree-cutting of more than 25% of those existing living trees having a DBH of six inches or greater is unavoidable or considered desirable in accordance with sound forest management practices, the individual removing such trees shall replace those removed in excess of 25% with new plantings of trees having at least a DBH of 2 to 2 1/2 inches. Every effort shall be made to retain as much woodland as possible of a size and configuration which will promote its growth and natural regeneration.
(2) Disturbance to vegetation other than woodlands which provides wildlife food and cover or visual amenity shall be minimized. This may include but not necessarily be limited to specimen trees, hedgerows, tree clusters and other vegetation not considered as woodland.
(3) Disturbance or removal of vegetation occupying environmentally sensitive areas shall be undertaken only as permitted herein to minimize the adverse impacts of such actions. This shall include but not necessarily be limited to vegetation performing important soil stabilizing functions on floodplains, stream and pond banks and sloping lands.
D. Visual and historic resources.
(1) In addition to the regulations set forth in Articles
VIII,
Historic District, and XII,
Historic-Commercial District, of Chapter
122, Zoning, subdivision and land development plans shall be designed to minimize adverse impacts on visual resources.
(2) Where feasible, viewsheds along public roads shall remain undeveloped, or where development is proposed, the adverse impacts on such viewsheds shall be mitigated by additional landscape plantings and/or berming.
(3) Where a tract contains an isolated structure of historic or architectural significance, the impact of the proposed development shall be minimized by providing unimpeded views of such structure from public roads and by providing additional lot area and/or open space areas around such structure.
E. Sloping lands.
[Amended 3-26-2001 by Ord. No. 01-05]
(1) In addition to the regulations set forth in §
122-97 of Chapter
122, Zoning, subdivision and land development plans shall be designed to minimize grading, cutting, filling or otherwise disturbing lands with slopes in excess of 10%.
(2) Grading or earth moving on all sloping lands exceeding 15% shall not result in earth cuts or fills whose highest vertical dimensions exceed 10 feet. Finished slopes of all cuts and fills shall not exceed 3:1, unless the applicant can demonstrate that steeper slopes can be stabilized and maintained adequately.