This chapter is occasionally revised or changed by the Board of Commissioners at official and open public meetings. Every effort is made to keep this website up to date. However, there may be a short period of time between the Board of Commissioners changing this chapter and the revised ordinance being posted in this chapter on this site. If you have any questions about the status of a particular ordinance, please call the Township Secretary at (610) 645-6145.

Chapter 101
NATURAL FEATURES CONSERVATION

Table of Contents

ARTICLE I, General Provisions
§ 101-1. Short title.
§ 101-2. Purpose.
§ 101-3. Definitions.
 
ARTICLE II, Minimum Conservation Standards
§ 101-4. Applicability.
§ 101-5. Site Planning
§ 101-6. Site Disturbance Regulations
 
ARTICLE III, Landscaping, Buffering and Screening
§ 101-7. Applicability.
§ 101-8. Mitigation of Visual Impact.
§ 101-9. Minimum Planting Standards.
§ 101-10. Landscape Design Standards.
§ 101-11. Site Maintenance and Guaranty.
§ 101-12. Stormwater Management Facilites.
 
ARTICLE IV, Conservation Plan
§ 101-13. Applicability.
§ 101-14. Information Required.
 
ARTICLE V, Administration
§ 101-15. (Reserved)
§ 101-16. Submission of Plan as part of Subdivision or Land Development Application.
§ 101-17. Submission of plan unrelated to Subdivision or Land Development Application.
§ 101-18. Amendments to Plan.
§ 101-19. Violations and Penalties; Appeals.
 

GENERAL REFERENCES
Housing-property maintenance -- See Ch. 92.
Stormwater management and erosion control -- See Ch. 121.
Shade trees -- See Ch. 128.
Subdivision and land development -- See Ch. 135.
Watercourses -- See Ch. 149.
Zoning -- See Ch. 155.
Planting materials and specifications -- See Ch. A177.

[HISTORY: Adopted by the Board of Commissioners of the Township of Lower Merion 5-17-1989 by Ord. No. 3155. Amendments noted where applicable.]


 

ARTICLE I
General Provisions

§ 101-1. Short title.

These rules and regulations shall be known and may be cited as the "Lower Merion Township Natural Features Conservation Code."

§ 101-2. Purpose.

  1. These regulations are intended to protect the rights of the residents of Lower Merion Township to enjoy clean air, pure water and the natural, scenic, historic and aesthetic values of the environment, as set forth in the Pennsylvania Constitution and in other commonwealth and federal statutes. In particular, it is the township's purpose, through this chapter, to conserve the following natural features:

    1. Natural features identified as land or water resource areas, e.g., groundwater recharge zones, springs, streams, wetlands, woodlands, prime wildlife habitats and areas constituting high recreational and other amenity value which exist on developed or undeveloped land.

    2. Natural features performing beneficial ambient air quality or microclimatic functions, e.g., by abating glare and noise, entrapping dust and other particulates and contributing to the reduction of climatic stress and energy costs.
    3. Natural features which, if disturbed, may cause hazards or stress to life, property and the natural environment, e.g., steep slopes and floodplains.
  2. Under the authority of the First Class Township Code, the Municipalities Planning Code, as amended, the Pennsylvania Constitution and other commonwealth and federal statutes, and in recognition of the fact that its natural features contribute to the welfare of its residents, the township has enacted these regulations to provide reasonable controls governing the conservation, disturbance and management of such natural features.
  3. No provision of these regulations shall be construed to deny the right of any property owner to use his land as may be permitted by the township's land use codes. Rather, it is the purpose of these regulations to ensure that such uses minimize disturbances to natural features and that reasonable measures are taken to mitigate any adverse impacts of such uses. Property owners may use their land as permitted in the township's land use codes, provided that the regulations enclosed herein are also adhered to.

§ 101-3. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

AIR QUALITY --
A measure of the levels of population in the air and the potential for any adverse effects on public health in the environment.
BUFFER --
A designated area between two uses named incompatible with each other or along the perimeter of a natural feature to be protected from an incompatible use or along the perimeter of that use, which will absorb or otherwise preclude such incompatibility and shall be permanently maintained.
CONSERVATION --
The planned management of a natural feature to prevent its exploitation, destruction or neglect.
DBH --
The diameter of a tree at breast height, measured 4.5 feet from the ground surface.
DRIPLINE --
A generally circular line, the circumference of which is determined by the outer reaches of a tree's widest branching points.
EARTHMOVING --
A land disturbance not primarily associated with increases in impervious surface, e.g., agriculture, logging, quarrying.
ENCROACHMENT --
Any physical action which may jeopardize the health and longevity of a natural feature.
ENVIRONMENTALLY SENSITIVE AREA --
An area with one or more of the following characteristics:
A. Slopes in excess of 15%.
B. Floodplains.
C. Soils classified as having a high water table.
D. Soils classified as highly erodible, subject to erosion, or having a shallow depth to bedrock.
E. Wetlands or other sensitive estuaries.
F. Stream corridors, aquifer recharge areas, springs or other surface and groundwater resource areas.
G. Prime wildlife habitat.
H. Significant geologic formations.
I. Land incapable of meeting percolation requirements.
J. Mature stands of native vegetation.
GROUNDWATER RECHARGE --
Replenishment of geologic structures and rock or soil interstices which have the capacity to store water.
HEDGEROW --
A line of plants that may occur naturally where seeds collect and are left undisturbed, such as along fence lines, property lines or between fields or that is specially planted, e.g., to act as a windbreak.
HYDRIC SOILS --
Soils which in their natural, undrained state are wet frequently enough at or near the surface to periodically produce anaerobic conditions, thereby influencing plant species composition and/or growth on such soils.
HYDROPHYTIC VEGETATION --
Those plants which are adapted to life in saturated soil conditions.
LANDSCAPE IMPROVEMENT --
The addition of features to the land which enhance a particular site from the standpoint of, e.g., noise abatement, recreational enjoyment, wildlife preservation, visual amenity, etc. Such improvements might include plantings, pathways, patios and fences.
MINIMIZE --
To reduce to the smallest amount possible using best management practices. "Minimize" shall not mean complete elimination but shall require the most substantial efforts possible under the circumstances have been taken to reduce the adverse effect of the action required to be minimized. With respect to activities, the conduct of which is adverse to the conservation of the natural features of land, the requirement to minimize shall include but not be limited to the requirement that the placement of dwellings and other structures and the location of roads, sedimentation and erosion control devices and earthmoving activities shall be planned and designed so as to permit the adverse effect of the activity in question to be reduced to the smallest amount possible under circumstances consistent with the otherwise permitted development.
MITIGATION --
Any action taken to lessen the specified undesirable impacts of a proposed land use or land disturbance activity, including those of which would adversely affect the health or longevity of a natural feature, pose a visual intrusion or conflict or otherwise be deemed incompatible with surrounding properties.
NATURAL FEATURE --
A component of a landscape existing or maintained as a part of the natural environment and having ecological value in contributing beneficially to air quality, erosion control, groundwater recharge, noise abatement, visual amenities, growth of wildlife, human recreation, reduction of climatic stress and energy costs. Such features include those which, if disturbed, may cause hazards or stress to life, property and the natural environment. Examples of such components include those identified in § 101-2A(1), (2) and (3).
NOISE --
Any undesired audible sound.
PUBLIC RIGHTS-OF-WAY --
Rights of passage for the public dedicated in a publicly recorded document. [Added 4-15-1992 by Ord. No. 3280]
SEASONAL HIGH WATER TABLE SOILS --
Those soils in which the groundwater surface is within one foot of the ground surface at certain times of the year, according to the Soil Survey of Montgomery County, United States Department of Agriculture, Soil Conservation Service, and/or determined by on-site investigation.
SELECTIVE LOGGING AND WOODCUTTING --
The removal of single, scattered, mature trees or other trees from unevenly aged tree stands to preserve and enhance healthy woodlands.
SITE DISTURBANCE --
Any activity which causes land on a given site to be exposed to the danger of erosion, including removal of vegetation, clearing, grading, filling, plowing and other types of earthmoving.
SPECIMEN PLANT --
A specifically selected plant considered worthy of conservation by the township because of species, size, shape, form, historical importance or any other significant characteristic; particularly as applied to trees over 20 inches dbh.
SWALE --
A natural channel or other low-lying stretch of land which collects or carries surface water runoff.
TRAIL --
A publicly or privately held right-of-way created or maintained for nonvehicular passage over private property.
VEHICLE --
Any mechanical device in, upon or by which any person or property is or may be transported or driven.
VIEW --
The relative ability to see a given object from a designated location.
A. UNOBSTRUCTED -- The ability to see most or all of the object, specifically, where more than 80% of the object is visible.
B. FILTERED -- The ability to see some of the object; specifically, where 20% to 80% of the object is visible.
C. HIDDEN -- The ability to see little or none of the object; specifically, where less than 20% of the object is visible.
VISUAL AMENITY --
Any type of visible feature which the observer finds attractive or pleasing to the eye.
WETLAND --
Those areas inundated or saturated by surface or groundwater at a frequency and duration sufficient to support and that under normal circumstances do support a prevalence of vegetation typically adapted for life in saturated soil conditions; or as further defined and delineated by the United States Army Corps of Engineers, the United States Environmental Protection Agency or the Pennsylvania Department of Environmental Protection.
WILDLIFE HABITAT --
A community of plants that provide food, water, cover, nesting and foraging or feeding conditions necessary to maintain population of animals.
WOODLAND --
An area characterized by a more or less dense and extensive tree cover; more particularly, a plant community predominantly of healthy trees and other woody vegetation, well-stocked and growing more or less closely together.
WOODED LOT --
Any lot having more than one viable tree of a caliper of six inches or greater per 1,500 square feet of lot area.

 

ARTICLE II
Minimum Conservation Standards

§ 101-4. Applicability.

  1. Natural features within Lower Merion Township identified in this chapter shall be maintained in compliance with §§ 101-5 and 101-6 below.
    1. Regardless of whether permits are required for any activities governed under § 101-5, the standards contained therein shall apply to any site disturbance activity and shall be strictly enforced by the township. In assessing compliance with § 101-5, the township may take into account the extent to which the property owner is taking other remedial or compensatory actions which would fulfill the same basic intent as the conservation standards.
    2. The standards contained in § 101-6 shall apply to all site preparation activities. This article shall be enforced in accordance with the requirements of Chapters 121, 135, and 155 of the Township Code and, where applicable, Articles III, IV and V of this chapter.
  2. No person shall subdivide or apply for development of any property without showing compliance with the minimum standards contained herein.

§ 101-5. Site planning.

  1. Conservation of surface and groundwater resources.
    1. Any encroachment on streams shall be regulated by Article XXVII, Floodplain District, of Chapter 155, Zoning.
    2. In addition to the above, the following activities shall be minimized (except where conducted in strict accordance with an approved stormwater management plan submitted pursuant to Chapter 121, Stormwater Management and Erosion Control).
      1. Disturbance to natural swales and channels.
      2. Disturbance to areas with seasonally high water tables and areas where surface water naturally concentrates or collects.
      3. Grading and other disturbances to (including the construction of retention/detention basins) or the creation of impervious cover on areas producing relatively high rates of groundwater recharge. The location and extent of such areas shall be determined for each applicant's property on the basis of its geologic, soil, slope and cover conditions.
  2. Conservation of woodlands and other vegetation.
    1. Except in conjunction with routine property maintenance, the following regulations shall apply:
      1. Healthy, well-stocked woodlands or wooded lots. No wooded lot, whether created by subdivision or currently existing, shall be disturbed in such a manner that the number of viable 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 viable 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 a caliper of at least two inches to 21/2 inches (see Appendix Chapter A177). The Township Arborist shall have discretion to require renovated unhealthy or unsafe trees having a dbh of six inches or greater and shall have discretion to substitute vegetation other than trees for required tree plantings. Design, maintenance and guaranty of such plantings shall be in conformance with §§ 101-10 and 101-11 of this chapter. 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, single or groups of specimen trees, hedgerows, formal gardens and other vegetation not considered as woodland.
      3. In the event that grading will be performed on a site which shall result in the removal of more than 50% of the vegetation on the site at any time, a permit shall be required in accordance with the provisions of Chapter 121, Stormwater Management and Erosion Control, § 121-5, Erosion control requirements, regardless of whether such a permit is otherwise required.
    2. 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.
  3. Conservation of sloping lands.
    1. The provisions of Chapter 155, Zoning, Article XXVIII, Steep Slopes, shall govern where applicable.
    2. In addition to the above, the following regulations shall apply:
      1. Any site disturbance on slopes exceeding 15% shall be minimized.
      2. No site disturbance shall be allowed on slopes exceeding 25%, except under the following circumstances:
        1. Selective logging and woodcutting shall be by specific approval of the Board of Commissioners and shall be limited to highly selective removal of trees. Maximum precautions shall be taken to avoid destruction or injury of understory brush and trees.
        2. Grading for a portion of a driveway accessing a single-family detached dwelling when it can be demonstrated that no other routing which avoids slopes exceeding 25% is feasible.
      3. Tillage and nursery operations shall not be conducted on slopes exceeding 15%, and sod operations shall not be conducted on slopes exceeding 8%, except where minimum tillage methods recommended by the U.S.D.A. Soil Conservation Service or the Montgomery County Soil Conservation District are followed.
      4. Grading or earthmoving on all sloping lands exceeding 15% shall not result in earth cuts or fills whose highest vertical dimensions exceed 10 feet, except where no reasonable alternatives exist for construction of public roads, drainage structures, and other public improvements, in which case such vertical dimensions shall not exceed 20 feet. Finished slopes of all cuts and fills shall not exceed three to one, unless the applicant can demonstrate that steeper slopes can be stabilized and maintained adequately. The landscape shall be preserved in its natural state insofar as practicable.
  4. Conservation of wetlands.
    1. Should the existence of wetlands be indicated as per the requirements of § 101-14A(3)(e), 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. Plans shall be submitted to the township for review which show the delineation and indicate any disturbance of wetlands anticipated. The qualifications of the consultant performing the delineation shall be submitted with such plans. Further, unless it is clearly evident in such plans and/or by any field review of the Township Engineer that there are no designated wetlands or, if there are, that no disturbance to the designated wetlands is anticipated, the delineation performed shall be submitted to the appropriate regulatory agencies, including but not limited to the Army Corps of Engineers and the Pennsylvania Department of Environmental Resources for boundary confirmation and/or requisite wetlands permits. All potential impacts on wetlands shall conform to applicable regulations, as amended.
    2. Should the township conclude per the requirements of § 101-14A(3)(e) that wetlands exist on the site contrary to the applicant's findings, the township shall, at its discretion, request that either the Army Corps of Engineers or Pennsylvania Department of Environmental Resources verify the township's findings and perform a delineation. In the event that such agencies verify the township's findings, 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 receiving all necessary wetlands permits, and/or the approval of the Township Engineer.
  5. Identification of trails. [Amended 4-15-1992 by Ord. No. 3280]
    1. Pedestrian and/or equestrian trails in the community represent an asset having high recreational value and thus are deemed an important natural feature in the township. The township, in conjunction with a trails association having oversight over a particular trail, shall maintain a map of such trails. That map shall indicate, where the information is available, whether or not such trail has been confirmed as an easement by a recorded document, the identification of the association assuming responsibility for the maintenance of the trail, if any, restrictions on the use of the trail, if any, and whether the location of the trail has been established by survey.
    2. Persons developing or subdividing property upon which a trail exists shall show such trail on plans filed with the township and identify, if known after reasonable investigation, those having or claiming rights in the trail. Such persons shall further indicate, in writing, whether they are willing to establish rights in others for the future use of such trails, whether as sited or as relocated.
    3. Disturbance to public rights-of-way for the use of pedestrians or equestrians shall be permitted only when a property cannot otherwise be developed and then only when relocation of such rights-of-way is approved by the township. No person may block the use of such public rights-of-way or alter the path thereof unless conservation plans for the relocation of the rights-of-way are first submitted to the Board of Commissioners pursuant to Article V hereof. Properties within which public rights-of-way are permitted to be relocated shall maintain existing connections with trails on contiguous properties.
    4. Nothing in this subsection shall be construed to create rights in third parties or the public, it being the intent of this section to identify trails as community assets worthy of preservation and to regulate disturbance of trails in which the public's right-of-way has been established.
    5. Pedestrian and equestrian trails may not be used by persons operating vehicles.

§ 101-6. Site disturbance regulations.

In addition to the requirements of Chapter 135, Subdivision and Land Development, § 135-39, Grading, and Chapter 121, Stormwater Management and Erosion Control, § 121-5, Erosion control requirements, the conservation measures listed below shall be taken during site preparation activities. At the discretion of the township and in addition to the measures listed below, the township may require a prior-to-construction meeting with the applicant or site contractor to further determine methods to minimize environmental damage.

  1. Protection of vegetation from mechanical injury and grading change.
    1. All trees and vegetation to be retained within 25 feet of a building site, parking area or other proposed improvement shall be protected from equipment damage by snow fencing or other effective barriers. Fencing or barriers around trees shall be placed at the dripline. The required fencing may be placed within the dripline if the applicant can demonstrate, to the satisfaction of the Township, that the required work can not be performed without utilizing the area within the dripline, and that appropriate measures are being taken to protect the tree(s). [Amended 11-19-2003 by Ord. No. 3694]
    2. Heavy equipment operators shall not damage existing tree trunks and root systems by driving heavy equipment within or otherwise disturbing the area circumscribed by the dripline of any tree. In addition, roots shall not be cut or disturbed within the area circumscribed by the dripline of any tree. If there is no alternative to locating a utility line within the tree dripline, it is strongly encouraged that tunneling, rather than trenching, be used to minimize potential damage to tree root systems. In such cases, the Township Arborist shall determine the most desirable location for the survival of the tree(s). Where trenching is unavoidable, trenched holes shall be filled as soon as possible and tamped lightly to avoid the creation of air spaces.
    3. Tree trunks and exposed roots damaged during construction shall be protected from further damage by fencing or other structural barrier. Treatment of damaged areas shall be dictated by the nature of the injury, e.g., damaged bark shall be cut back to a point where the bark is intact and tight to the tree; exposed roots shall be cleaned up and covered with topsoil; tree limbs shall be cut back in proportion to root area loss. In such cases, the Township Arborist shall have the authority to determine the treatment technique(s) most suitable to the damaged area. In addition, where stipulated by the Township Arborist, liquid or dry fertilizer shall be applied to trees with disturbed root zones to compensate for loss of roots.
    4. Trees shall not be used for roping, cables, signs, fencing or lighting. Nails and spikes shall not be driven into trees.
    5. The area around the base of existing trees and vegetation shall be left open. No impervious cover, storage of equipment, materials, debris or fill shall be allowed within the dripline of any existing tree(s). However, impervious cover may partially extend into the dripline if it can be demonstrated to the satisfaction of the Township that there is no other location feasible, and appropriate measures are being taken to protect the tree or vegetation. [Amended 11-19-2003 by Ord. No. 3694]
    6. Grade changes to occur at any location on the property shall not result in an alteration to soil or drainage conditions which would adversely affect existing vegetation to be retained following site disturbance, unless adequate provisions, approved by the Township, are made to protect such vegetation and its root systems. [Amended 11-19-2003 by Ord. No. 3694]
    7. The Township Arborist may, at his discretion, require that specimen plants with significant historic, visual or environmental qualities which would otherwise be removed during site preparation under the provisions of § 101-5C(2)(b) be transplanted elsewhere on the site.
    8. Should any existing vegetation on the site not scheduled or permitted to be removed be irreparably damaged during site preparation and die within 18 months of the conclusion of site disturbance activities, such vegetation shall be replaced with similar vegetation in accordance with the requirements of § 101-9A(2) hereof (explanatory notes for Table 1).
  2. Protection of vegetation from excavations.
    1. When digging trenches for utility lines or similar uses, disturbance to the root zones of all woody vegetation shall be minimized.
    2. If trenches must be excavated in the root zone, all disturbed roots shall be cut as clearly as possible. The trench shall be backfilled as quickly as possible, avoiding soil compaction. Tree limbs shall be cut back in proportion to root area loss.
  3. Protection of topsoil.
    1. No topsoil shall be removed from a site unless a sufficient amount is retained to provide at least six inches of topsoil cover over all of the site's exposed earth surfaces. In addition, sufficient soil shall be retained for planting under § 101-9 of this chapter.
    2. Topsoil removed by grading operations shall be redistributed and stabilized as quickly as possible following the completion of a project or project phase. All exposed earth surfaces shall be stabilized by the following methods or approved equal: (a) Seeding, sodding, hydroseeding, geotextiles or planting on slopes of 10% or less. (b) Sodding, hydroseeding, riprap or geotextiles on slopes exceeding 10%.
    3. Grading and earthmoving operations shall be minimized during the period November 15 to April 1, when revegetation of exposed ground surfaces is difficult.
  4. Protection during cleanup.
    1. All construction debris shall be hauled away from the property in conformance with the requirements of Chapter 92, Housing-Property Maintenance, unless provisions, acceptable to the Director of Building and Zoning Regulations and the Township Engineer, are made for the on-site disposal of such debris.
    2. The Township Arborist shall require that fences and barriers placed around woody vegetation during construction be removed if they impede the growth and maintenance of such vegetation.
  5. Protection of vegetation from hazardous and toxic materials. No hazardous or toxic materials shall be stored within or around groupings of woody vegetation or within 100 feet of the dripline of any existing tree or within or around any other natural feature addressed herein. Hazardous or toxic contaminants, including but not limited to petroleum hydrocarbons, oils, pesticides, herbicides, thinners, solvents, cleaners, abrasives, acids and bases are strictly prohibited within or around woody vegetation or within 100 feet of the dripline of any existing tree.

ARTICLE III
Landscaping, Buffering and Screening

§ 101-7. Applicability.

Persons undertaking any of the following activities shall comply with the standards in §§ 101-8, 101-9, 101-10 and 101-11 of this article:

  1. Building construction.
    1. All nonresidential buildings, excluding agricultural buildings and buildings accessory to single-family residential uses.
    2. All residential dwellings, with the exception of single-family detached dwellings, single-family semidetached dwellings and two-family detached dwellings not otherwise requiring subdivision and land development approval.
  2. Construction of the following streets, parking areas, loading and storage areas:
    1. All streets to be dedicated to the township.
    2. All private streets and driveways with cartways 18 feet or more.
    3. Any parking area which exceeds 8,000 square feet.
    4. Any loading or storage area for equipment and materials which exceeds 8,000 square feet.
  3. Construction of any of the following structures or facilities which exceeds 4,000 square feet in ground coverage:
    1. Public utility facilities and structures.
    2. Liquid and solid waste collection, storage, conveyance and treatment facilities.
    3. Any other structure of similar character or impact.
  4. Earthmoving and grading areas exceeding one acre.
  5. Any activities which would require a buffer pursuant to Chapter 155, Zoning, and any buffer imposed by the Township Zoning Hearing Board.

§ 101-8. Mitigation of visual impact.

  1. Consistent with the terms of § 101-14C hereof, the applicant shall plant trees and shrubs and make other landscape improvements (e.g., berms, fences) as necessary to mitigate the adverse visual impacts which his proposed actions will have on his property, adjoining properties and the township in general.
  2. In determining compliance with § 101-8A, the applicant shall abide by the requirements of §§ 101-9 and 101-10, respectively.

§ 101-9. Minimum planting standards.

  1. To mitigate potential adverse impacts from the activities covered by this chapter, the applicant shall conform to the minimum planting requirements set forth in Table 1 below. Residential development shall conform to Items 2, 3, 4 and 5; commercial development shall conform to Items 1, 3 and 5. All other activities in § 101-7 shall conform as applicable.
    1. Table 1: Minimum planting standards:
         
      Deciduous
      Evergreen
      Item Improvement/Conditions Trees Shrubs Trees Shrubs
      1

      Per 1,000 square feet gross building footprint area
      2
      4
      1
      4
      2

      Per 1,000 square feet of new paved street area
      1
      *
      1
      *
      3

      Per 2,000 square feet parking/
      loading area (except single-family
      detached and semi-detached residences)
      [Amended 12-16-1998 by Ord. No. 3506; 11-19-2003 by Ord. 3694]
      1
      2
      1
      2
      4

      Per 100 linear feet of existing public road frontage
      With hidden view
      With filtered view
      With unobstructed view

       

      *
      *
      1

       

      *
      *
      5

       

      *
      *
      1

       

      *
      5
      5

      5

      Per 100 linear feet of property boundary along adjoining residential or institutional properties
      With hidden view
      With filtered view
      With unobstructed view

       

      *
      *
      *

       

      *
      *
      *

       

       

      *
      2
      3

       

      *
      5
      10

    2. Explanatory Notes for Table 1:
      1. Asterisk (*) indicates additional plantings at the applicant's discretion.
      2. Minimum sizes of plantings should be for trees: deciduous, two-inch to two-and-one-half-inch caliper, 12 to 14 feet height; evergreen, eight or more feet in height, and for shrubs, 24 inches in height. Plantings shall conform to the standards of the publication American Standard for Nursery Stock, ANSI Z60.1 - 1980 of the American Association of Nurserymen, as amended. All plant material used on the site shall have been grown within the same USDA hardiness zone as the site and shall be nursery grown, unless it is determined by the Township Arborist that the transplanting of trees per § 101-6A(7) partially fulfills the requirements of this section.
      3. The left column's description of views from public road frontages and property boundaries refers to views of the proposed improvements as they would exist without any additional plantings. The proposed additional plantings for road frontages would achieve a more highly filtered view; those for property boundaries would achieve a hidden view.
      4. In the case of public roads with existing filtered views of the proposed improvements, plantings are indicated to be evergreen shrubs; deciduous shrubs may be substituted by the applicant if acceptable to the Township Shade Tree Commission.
      5. Fractions of plants calculated from Table 1 shall be rounded up to the nearest whole number.
      6. The number of plants required is the total of the two columns.
    3. In addition to the standards in Table 1, these minimum standards shall be followed for parking areas:
      1. For parking areas exceeding 20,000 square feet, the entire perimeter of the parking area, less openings for vehicular or pedestrian access, shall be bordered by planting areas of trees and shrubs. Fifty percent of this border shall be at least 15 feet in width. The balance shall be no less than five feet in width.
      2. No more than 12 parking spaces shall be placed in a continuous row without an intervening planting area of at least 100 square feet. At the discretion of the Township Engineer and/or Arborist, the ratio of parking spaces to planting areas required may be altered for reasons of public safety.
      3. Planting areas shall be placed so as to provide safe movement of traffic without interference with proper surface water drainage. Planting areas shall be elevated above the parking lot surface or bordered appropriately to prevent erosion or damage from automobiles. Bollards may be used to afford protection of trees from vehicular movement.
    4. Because of the many benefits of native plants (ease of maintenance, longevity, wildlife habitat, etc.), the applicant is urged to conform to the minimum planting standards in Table 1 through the use of native trees and shrubs, as identified in Appendix Chapter A177.
    5. Species selected by the applicant shall reflect the following considerations:
      1. Existing site conditions and their suitabilities for the plant materials, based upon the site's geology, hydrology, soils and microclimate.
      2. Specific functional objectives of the plantings, which may include but not necessarily be limited to visual screening, noise abatement, energy conservation, wildlife habitats and aesthetic values.
      3. Maintenance and replacement considerations such as hardiness, resistance to insects and disease, longevity and availability and cost of plant materials.
    6. It is the desire of the township to protect and develop where feasible, wildlife habitats and food sources. With this in mind, the following shall be taken into consideration in the selection of vegetation:
      1. The ability of plant material to bear edible fruit during the various seasons of the year. Variety is highly key and each tree, shrub, vine, grass and flower should be considered for its capacity to supply food and/or cover for one or more species.
      2. The existence of and potential for the establishment of wildlife habitat. Dead trees in the most remote areas should not be removed, but rather become a home for cavity nesting birds and other wildlife. Brush pile habitats are excellent areas for smaller wildlife to use as protection from enemies and survival from the rigors of winter.
    7. 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. Tree and shrub associations found in different landscapes (including native trees and shrubs) are presented in Appendix Chapter A177.

§ 101-10. Landscape design standards.

  1. Plantings shall be provided in arrangements and locations which best mitigate the adverse impacts of the applicant's proposed site disturbance actions. Plantings required in Table 1 which cannot be planted, in total, under the conditions implied or which would not necessarily be planted, in total, under the conditions implied, shall be distributed with regards to site characteristics. Where feasible, buffers shall contain a mix of deciduous and evergreen plantings. Planting plans shall be required; such plans shall be prepared by a landscape architect registered by the Commonwealth of Pennsylvania to engage in the practice of landscape architecture. In addition, planting plans shall include a planting schedule which summarizes the quantity, type, size and root condition of all plantings.
  2. Planting areas shall be selected and designed to reflect natural landscape characteristics existing prior to site disturbance, as well as those environmental conditions to be created following site disturbance by the applicant.
  3. 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 (see Appendix Chapter A177, § A177-2). In selecting locations for shade trees, consideration also shall be given to aesthetic qualities of the site and to the protection of solar access. In selecting the layout for buffers or the location and mix of required plantings, consideration shall be given to the natural topography of the setting and the texture, coloration and comparability 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.
  4. Plantings shall be limited or carefully selected for locations where they may be disbursed or contribute to conditions hazardous to the public's safety. 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. Street trees shall be planted by the applicant outside the street right-of-way but as close to the street line as is practical to avoid conflicts with the right-of-way functions and with sight distance, while still permitting clear orientation of the trees to the street. Such trees shall be spaced 30 feet to 50 feet apart, staggered along both sides of all streets. Tree size shall be in conformance with the requirements of § 101-9. Planting locations shall consider underground utilities and the need for repairing these utilities, together with the presence of overhead wires. No trees shall be planted closer than 15 feet from fire hydrants, streetlights or stop signs. All trees planted near sidewalks shall be planted with deep root barriers to prevent cracked pavements and/or sidewalks; planting trees with tap roots rather than fiberous roots will help eliminate such cracking. The type of deep root barriers shall be approved by the Township Arborist. Replacement of existing trees shall be in accordance with the above provisions and shall be replaced as close to their original position as practicable. The number of new trees planted per year shall at least equal the number of trees removed during the same year. The applicant shall adhere to the specifications for tree planting contained in Appendix Chapter A177.
  5. Species for street trees shall be selected with particular emphasis on hardiness, minimal need for maintenance and compatibility with other features of the site and surrounding environs and shall be acceptable to the Township Shade Tree Commission. Species for on-lot shade trees shall be selected with the same emphasis and shall be acceptable to the Township Arborist. Use of native species is encouraged. Tree and shrub associations found in different landscapes (including native trees and shrubs) are presented in Appendix Chapter A177.

§ 101-11. Site maintenance and guaranty.

  1. All landscape improvements to be provided in accordance with §§ 101-5B, 101-8, 101-9 and 101-10 above shall be installed and maintained by accepted practices as recognized by the American Association of Nurserymen. Planting and maintenance of vegetation shall include, as appropriate, but not necessarily be limited to provisions for surface mulch, guy wires and stakes, irrigation, fertilization, insect and disease control, pruning, mulching, weeding and watering.
  2. The applicant shall make arrangements acceptable to the township that all landscape improvements installed in accordance with this chapter shall be guaranteed and maintained in a healthy and/or sound condition or otherwise be replaced once by equivalent improvements, for a period of at least 18 months following their installation, except as otherwise required by Chapter 135, Subdivision and Land Development. After installation and prior to the eighteen-month period required above, the Township Arborist shall perform an inspection of the finished site for compliance with the approved planting plan. Provided that the finished site is found to be acceptable, the eighteen-month guaranty period shall commence five days from the date of inspection. Plants found to be in poor health or lacking normal growth habit shall be replaced with a substitute plant material determined by the township to be more suitable for the planting scheme. Replacement plants shall be inspected by the Township Arborist after installation. All plants shall be in a vigorous and thriving condition at the end of the eighteen-month period, as determined above. Final inspection of the site following the eighteen-month period will be made by the Township Arborist and final approval given.
  3. The applicant shall make arrangements acceptable to the township for the property's long-term landscape maintenance. The applicant shall provide the names, addresses and telephone numbers of those persons or organizations who will be assuming such responsibilities.
  4. Where accidental damage or vandalism of plants occur, the applicant shall replace the damaged plant material in accordance with the original or modified planting plan. In such cases, the eighteen-month replacement policy required above may be waived.
  5. At the township's discretion, the applicant may be required to escrow sufficient funds for the maintenance and/or replacement of the proposed vegetation during the eighteen-month replacement period. In addition, an escrow may be required for the removal and replacement of specimen trees damaged during construction.

§ 101-12. Stormwater management facilities.

  1. Standards for landscaping in and around stormwater management basins and related facilities shall be as required in Chapter 121, Stormwater Management and Erosion Control.
  2. Maintenance of such facilities shall be in accordance with § 101-11 of this chapter.

 

ARTICLE IV
Conservation Plan

§ 101-13. Applicability.

A conservation plan as described in § #14 below shall be submitted to and approved by the Board of Commissioners for any of the following activities:

  1. Any activity listed in § 101-7 of this chapter, except activities listed in § 101-7A(2).
  2. Any application for approval for which such plan is required under Chapter 135, Subdivision and Land Development, § 135-17B(11).
  3. Any activities which would interfere with the use of a pedestrian or equestrian trail.

§ 101-14. Information required.

A conservation plan shall include the following minimum information. When any of this information already has been prepared as part of an application under the Township Subdivision and Land Development Ordinance, then it shall be duplicated and inserted into the pertinent section(s) of the conservation plan.

  1. Inventory.
    1. Property base map. A base map of the applicant's property shall meet the requirements for preliminary plan approval, as set forth in Chapter 135, Subdivision and Land Development, with respect to sheet size, scale, property acreage calculations, delineation of courses and distances of property boundaries, dedicated street rights-of-way and easements.
    2. Boundary and adjoining property conditions. The following information shall be indicated on the property base map: names of adjoining property owners; residential and institutional structures within 200 feet of the applicant's property; and existing zoning and minimum setback requirements applicable to the applicant's property and adjoining properties. A smaller scale map, drawn as an inset on the base map sheet, may be used to present information on adjoining property conditions.
    3. Existing natural features. The following information shall be shown on the property base map:
      1. Geologic formations, based upon available published information or more detailed data obtained by the applicant for his property.
      2. Topography, or degree of slope, as measured at two-foot contour intervals, in the following ranges: 0% to 10%, 10% to 15%, 15% to 25%, and greater than 25%, on the applicant's property and within 200 feet of such. Location and elevation to which contour elevations refer shall be identified; where reasonably feasible, this shall be a known, established benchmark as approved by the Township Engineer.
      3. The location and delineation of ponds, streams, springs and natural drainage swales, both perennial and seasonal, on the applicant's property and within 200 feet of such.
      4. Areas on the applicant's property and within 200 feet of such within the Floodplain District, as delineated by the Township Floodplain Maps.
      5. Wetlands, where indicated by any one or more of the following:
        1. The National Wetlands Inventory Maps, as prepared by the United States Fish and Wildlife Service or any other governmental agency having jurisdiction;
        2. Hydric soils, as depicted in the Montgomery County Soil Survey; and
        3. The existence of hydrophytic vegetation or hydrologic conditions, as determined by on-site investigations.
      6. Soil series, types and phases, as mapped by the Soil Conservation Service for the Montgomery County Soil Survey, and accompanying data tabulated for each soil, including its name, depth to seasonal high water table, depth to bedrock, agricultural capability class, erodibility (if data are available), limitations of soil type (including load-bearing capacity, drainage and plant growth), and hydrologic group.
      7. Vegetative cover conditions on the property according to general cover type, e.g., cultivated land, permanent grassland, old field, hedgerow, woodland, individual freestanding trees over six inches' caliper diameter, specimen trees over 20 inches' dbh, wetland vegetation, etc. For all woodlands, the applicant shall indicate the principal species of dominant and codominant trees and the shrub understory. Driplines for trees shall be shown on the plan.
      8. Existing structures and other improvements.
      9. Historic resources, including structures, ruins, sites, traces and relationship to the bounds of any National Register historic structure or district.
      10. Existing paths and trails, pedestrian or equestrian, or other scenic and/or conservation easements on the applicant's property and within 200 feet of such.
      11. If applicable, the boundaries of the Schuylkill Scenic Rivers Corridor, as designated by the Commonwealth of Pennsylvania.
    4. Existing wildlife habitat. Where applicable, existing wildlife habitats and food sources shall be shown on the property base map.
  2. Impact assessment. All applicants shall assess the on-site and off-site impacts of their proposed activities, the scale and/or magnitude of such impacts and improvements on existing natural features. The assessment shall, at minimum, include the following:
    1. Delineation of the location and tabulation of the acreage of natural features which would be disturbed. Such features shall, at a minimum, include those cited in § 101-5.
    2. Delineation of the location and dimensions of all improvements proposed by the applicant, including tabulations of gross square foot coverage of any proposed impervious surfaces identified in § 101-7.
    3. Grading plans which clearly show all proposed alterations to the property's existing topography.
    4. Consideration of all unreasonable alternatives to minimize disturbances to natural features. The applicant shall furnish evidence that such alternatives were considered if, in the judgment of the township, such information is required to determine if the applicant has complied with the intent of Article II.
  3. Mitigation and maintenance. For all activities listed in § 101-7 of this chapter, the conservation plan shall include provisions for impact mitigation and long-term maintenance, as follows:
    1. Depiction on the property base map of mitigation measures proposed by the applicant, including number and placement of plantings and of other landscape or design improvements, as specified in §§ 101-8, 101-9 and 101-10 of this chapter.
    2. Delineation of views of the applicant's property as it would be developed, as seen from adjoining properties used or zoned for residential or institutional purposes and from existing adjoining public roads. Such views shall be classified according to whether views of the applicant's proposed improvements would be hidden, filtered or unobstructed. With respect to adjoining roads, such views shall be based upon the viewer's location at the far edge of the road cartway, the opposite edge of which directly abuts the property. With respect to adjoining properties, the viewer's location shall be along the lines established by the minimum front, side and rear yard distances as required by existing zoning for those properties.
    3. A delineation of views of the applicant's property as they would be seen at the time the applicant's mitigation improvements are in place.
    4. Documentation showing the extent to which the landscape planting and design measures conform to the requirements of §§ 101-9 and 101-10 of this chapter. Where they do not conform, the applicant shall demonstrate one or more of the following:
      1. That other mitigation measures chosen will produce comparable or superior results.
      2. That, through design excellence in site planning, landscape architecture and architecture, the requirements of §§ 101-9 and 101-10 are unnecessary or inappropriate.
      3. That the need to mitigate in accordance with the requirements constitutes an unreasonable or unnecessary financial burden.
    5. Sufficient information to demonstrate that all maintenance standards in § 101-11 will be complied with.

 

ARTICLE V
Administration

§ 101-15. (Reserved)

§ 101-16. Submission of plan as part of subdivision or land development application.

When an application pursuant to § 101-13 of this chapter is required as part of a submission pursuant to Chapter 135, Subdivision and Land Development, the provisions of that chapter for application review, site inspections, performance and maintenance guaranties, applicant fees and violations and penalties shall govern such an application.

§ 101-17. Submission of plan unrelated to subdivision or land development application. [Amended 1-19-2002 by Ord. No. 3631]

  1. Plan review.
    1. Applicants conducting activities defined in § 101-7 but not related to a subdivision or land development application shall submit two copies of a conservation plan in compliance with § 101-14. The decision to approve or disapprove any plan shall be made by the Director of Building and Planning, upon the advice of the Township Engineer.
    2. The conservation plan shall be submitted to the Director of Building and Planning and reviewed by the Township Engineer or his designee, the Township Environmental Advisory Council (EAC) and/or the Township Shade Tree Commission (at the discretion of the Director of Building and Planning) and the Township Arborist (where applicable). The Engineer shall prepare a report thereon, taking specific account of any written comments from the EAC and/or Arborist; such report shall be submitted to the applicant and the Director of Building and Planning within 45 days of the plan submission.
    3. Where the Township Engineer's report indicates that revisions to the plan are necessary to meet the standards set forth in Articles II and III, the applicant is urged to discuss the contents of the report with the Township Engineer. All necessary revisions shall be submitted to the Township Engineer through the Director of Building and Planning.
    4. Within 10 days after receipt of the applicant's revisions, the Township Engineer shall review the revisions and issue a supplementary report to the applicant and the Director of Building and Planning recommending approval or disapproval of the plan.
    5. If the final conservation plan is not in compliance with the standards set forth in Articles II and III, failure to so comply shall be considered grounds for disapproval of the plan.
    6. All approved plans must be officially dated and signed by the Township Engineer and the applicant prior to commencing any site disturbances. The applicant's signature shall constitute a written certification that all work shall be performed in accordance with the plan.
  2. Inspections.
    1. No site disturbance work shall proceed to a subsequent phase, as detailed in Subsection B(2) below until inspected and approved by the Director of Building and Planning (or, where applicable, the Township Arborist), who shall then file a report thereon with the township. The Director of Building and Planning shall consult with the Township Engineer throughout the inspection process as deemed necessary.
    2. The times of inspection shall be as follows:
      1. Following plan approval and prior to any site disturbance.
      2. Upon completion of stakeout but prior to initiation of grading.
      3. Upon completion of rough grading, but prior to placing topsoil, installing permanent drainage or other site improvements or establishing ground covers.
      4. Upon completion of final grading, landscape improvements and other mitigation work undertaken in accordance with the approved conservation plan.
      5. The Township Building and Planning Department or Arborist may make random inspections as deemed necessary and appropriate.
    3. The applicant shall notify the Township Building and Planning Department at least 24 hours prior to completion of each phase identified in § 101-17B to schedule the required inspection. Upon receiving such notice, the Building Regulations Department shall arrange an inspection of the work within 48 hours and notify within five working days the permittee, in writing, of its acceptability or in what respect there has been a failure to comply. Any portion of the work which does not comply shall be corrected promptly by the permittee as per § 101-19A below; no work on subsequent phases shall proceed until such corrections are carried out to the satisfaction of the Director of Building and Planning.
  3. Fees.
    1. The applicant shall agree, in writing, to reimburse the township for all costs of administration and review of the application by the Township Engineer and/or other consultants of the township's choosing. Funds shall be deposited with the township in an amount as specified by resolution of the Board of Commissioners.
    2. Excluding fixed administrative costs, the applicant shall be charged only for time actually expended and detailed in bills from the Township Engineer and/or other consultants of the township's choosing. Any unexpended balance of the deposit for plan review shall be returned to the applicant following approval of the conservation plan.
    3. If actual time required of the Township Engineer and/or other consultants of the township's choosing will exceed the deposited amount, the township shall render to the applicant a preliminary statement of time expended and may require an additional deposit to complete reviews. Where required, such additional amounts must be deposited with the township prior to plan approval.
    4. Fees covering the cost of inspections shall be paid by the applicant to the township prior to plan approval. The amounts of these inspection fees shall be fixed by resolution of the Board of Commissioners. If problems arise requiring more extensive involvement of the Township Engineer and/or other consultants of the township's choosing, during the inspection process, any resulting costs that exceed the initial fee will be assessed to the applicant.

§ 101-18. Amendments to plan. [Amended 1-19-2002 by Ord. No. 3631]

  1. Major modifications of any approved conservation plan, as determined by the township, shall be submitted to the Director of Building and Planning (depending upon whether the conservation plan is related to the subdivision and/or land development process) and reprocessed in the, same manner as the original plan. All development and land disturbance activities shall be suspended pending the approval of modified plans.
  2. Field modifications of a minor nature may be approved by the Director of Building and Planning or Township Arborist (where applicable), in the form of written authorization.

§ 101-19. Violations and penalties; appeals. [Amended 1-19-2002 by Ord. No. 3631]

  1. If, at any time during inspections, the Director of Building and Planning determines that the site work does not conform to the approved plan, a written notice to comply shall be issued as stipulated in § 101-17B(4) above. Such notice shall set forth the nature of corrections required and the time within which corrections shall be made. Failure to comply within the time specified shall be considered a violation of this chapter, and the township shall issue a cease and desist order on all work on the site until corrections are made.
  2. If, at any time during inspections, the Director of Building and Planning determines that site work is being performed without a required permit or conservation plan or that there has been a violation of this chapter not involving an approved plan, a cease and desist order shall be issued immediately, and any permit under which work. might be conducted shall be withdrawn until corrections are made.
  3. If corrections are not undertaken within the time specified or the applicant violates the cease and desist order, penalties shall be imposed as per § 101-19E, below, and/or the work shall be completed by the township and the costs charged to the violator.
  4. As a condition for withdrawing a cease and desist order, the Director of Building and Planning may impose a requirement that a bond be posted in favor of the township, conditioned upon remedying the violations noted, the bond to be in the amount estimated as the cost of correcting such violations, including administrative fees for inspection and an additional 10%. In assessing the cost of correcting the violations, the Director of Building and Planning may employ published guidelines setting forth the worth of trees and living material unlawfully removed.
  5. Anyone violating the terms of this chapter shall be guilty of a summary offense and, upon conviction, shall be subject to a fine or penalty of not more than $600 for each and every violation. Each day that the violation continues after proper notification shall be a separate offense. In addition thereto, the township may institute injunctive or other appropriate action or proceeding at law or equity for the enforcement or to correct violations of this chapter.
  6. Appeals. Appeal from any action or decision of the Director of Building and Planning or from other administrative actions of the township in relation to the terms of this chapter shall be to the Board of Commissioners. Appeal from an action of the Board of Commissioners shall be to the Montgomery County Court of Common Pleas.