The purpose of this Article is to implement the mandates of the Pennsylvania Municipalities Planning Code under Article 6 and to implement the Solebury Township Comprehensive Plan. Specific purposes of this Article are:
A. preservation of agricultural soils and farming areas
B. preservation of hydrologic features for water quality, water quantity, flooding control
C. protection from damage to the environment and preservation of ecosystems
D. preserve and protect wetlands such that they continue to serve natural biological functions including food chain production and habitat for aquatic and land species; maintain natural drainage characteristics; serve as a storage area for storm and flood waters; and provide a ground water discharge and recharge area
E. protection of views/scenic areas
F. protection of woods and forests for wildlife, water quality, traditional landscape
G. protection of special cultural/aesthetic resources of the Delaware River corridor
H. providing open areas for residents to use and enjoy.'
Any use or activity established after the effective date of this Ordinance for which major subdivision or land development approval is required shall comply with the Resource Protection standards of this Ordinance and shall submit the documentation required by this ordinance. Except as provided by Section 1502, activities which are solely agricultural such as farming or tilling of soil, are not major subdivisions or land developments and hence are not subject to this ordinance.
Any development requiring a building permit shall comply with the resource protection standards as listed in Section 1505.F. Information to be submitted shall be in accordance with Section 2101, Requirement for a Zoning Permit, of this ordinance.
A. Site alterations, grading, filling or clearing of vegetation prior to the issuance of zoning or building permits or receipt of a permit or final approval for a subdivision or land development from Solebury Township shall be a violation of this Ordinance.
B. Disturbing Resources Prior to Plan or Permit Approval
Any removal of trees, grading, or disturbance of protected resources initiated two years or less before the submission of plans for subdivision, land development, building or zoning permits is presumed to be in anticipation of development. If an application for building, conditional use, subdivision or land development is submitted for the property within two years of the date the tree removal, grading, or other disturbances occurred, the requirements, for resource protection, as set forth in this ordinance and in the township Subdivisions and Development Ordinance, shall be applied to the property as it was prior to the disturbance. If tree removal has exceeded the limits set forth in township ordinances, the applicant shall be required to replace trees removed. Replacement shall be based on the actual number and size of trees or forest removed, and trees shall be replaced on an inch-for-inch basis. Determination of actual caliper-inches of trees removed may be determined through a site inspection, aerial photographs (latest available from Bucks County) or on the basis of any tree inventory that was submitted to the Township. If it is not possible to determine the caliper inches of trees removed, then replacement trees shall be provided so that there shall be a minimum of 100 caliper-inches (measured diameter at breast height ([dbh]) of trees per acre after replanting as determined in consultation with an arborist approved by the Township.
A. Flood Plain
1. Areas within the flood plain of the one hundred year frequency flood shall not be altered, graded, filled or built upon except in conformance with Article 14, Flood Plain Conservation District. The floodplain area shall be those areas subject to the 100-year flood as identified in the Flood Insurance Study dated May 18, 1999, and the accompanying maps prepared by the Federal Emergency Management Agency, or the most recent revision thereof.
2. For areas abutting streams and watercourses where the one hundred year flood plain has not been delineated by a Flood Insurance Study, the applicant shall conduct a floodplain identification study. A study prepared by a registered engineer expert in the preparation of hydrologic and hydraulic studies shall be used to delineate the one hundred year floodplain. The floodplain study shall be subject to the review and approval of the Township.
B. Steep Slopes
Steep Slopes must be protected from inappropriate development such as excessive grading, landform alteration and extensive vegetation removal to avoid potential hazards to property and the disruption of the ecological balance caused by increased runoff, flooding, soil erosion and the like.
1. Steep Slopes consist of the following:
Class I Steep Slope characterized by a change in elevation of 8% or more, but less than 15%
Class II Steep Slope characterized by a change in elevation from 15% to 25%
Class III Steep Slope characterized by a change in elevation greater than 25%
2. Determination of Steep Slope Areas:
a. In any application for a building permit for a project which does not involve a subdivision or a land development, and any application for subdivision and/or land development, the applicant shall, using two foot contours, delineate Class I, Class II and Class III Steep Slopes. The applicant shall use an actual field topographic survey or aerial survey as the source of contour information and as the basis for depicting the slope categories.
3. The following standards shall apply, except where specifically modified by this Ordinance in accordance with the conditional use standards and procedures:
a. Class I (8 to 15%) Steep Slopes - no more than forty (40) percent of such areas shall be altered, graded, cleared or built upon.
b. Class II (> 15 to 25%) Steep Slopes - no more than thirty (30) percent of such areas shall be altered, graded, cleared or built upon.
c. Class III (>25% or steeper) Steep Slopes: no alterations, grading, clearing, or building permitted. In addition, no building shall be placed within 50 feet of the boundary of any Class III Steep Slope area nor shall any grading occur within 25 feet of the boundary of any Class III Steep Slope area.
d. Protection of Class I and Class II slopes may be reduced by conditional use approval provided that other resources (such as vegetation or agricultural soils) are protected to a greater extent to compensate for the additional slope disturbance, in accordance with conditional use standards and procedures.
C. Vegetation
Disturbance of vegetation shall be in compliance with all applicable provisions of this Ordinance. The purpose of this ordinance is to provide reasonable controls governing the disturbance of vegetation associated with all site alterations, grading, filling or clearing of vegetation and all subdivision and land development activities.
1. Definitions
a. WOODLANDS OR WOODED AREA A tree mass or plant community in which tree species are dominant or co-dominant and the branches of the trees and foliage form at least a 70 percent aerial canopy during the growing season. Any area, grove, or stand of mature or largely mature trees (i.e., larger than six inches caliper) covering an area of one-quarter acre or more, or consisting of ten (10) individual, six (6) inches caliper or larger, shall be considered a woodland. For the purpose of this Ordinance, the extent of any woodland plant community or any part thereof shall be measured from the outer-most dripline of all the trees in the community. Woodlands do not include orchards or old fields (former agricultural fields or pastures where natural succession has been allowed to occur, but where most trees are smaller than six inches caliper)
b. HEDGEROW A hedgerow is a linear plant community dominated by trees and/or shrubs. Hedgerows often occur along roads, fence lines, property lines, or between fields, and may occur naturally or be specially planted (e.g. as a windbreak). For the purposes of this Ordinance, hedgerows are considered woodlands or wooded areas and regulated as such.
c. SPECIMEN VEGETATION Individual trees or other vegetation determined to be of specimen quality as determined by a natural resource professional such as, but not limited to a certified landscape architect or arborist or which generally fall within the parameters of the following table shall be protected in accordance with these standards. The examples of specimen trees included in the following table are intended to provide general guidelines and examples of what constitutes a specimen tree. The list is not considered all inclusive:
d. TREE PROTECTION Zone An area that is radial to the trunk of a tree in which no construction activity shall occur. The tree protection zone shall be fifteen (15) feet from the trunk of the tree to be retained, or the distance from the trunk to the dripline, whichever is greater. Where there is a group of trees or woodlands, the tree protection zone shall be the aggregate of the protection zones for the individual trees.
e. CALIPER - The maximum thickness or diameter of a tree at a specified point. For measuring street trees and trees for buffering and landscaping purposes, caliper measurements shall be taken at a point on the trunk six (6) inches above natural ground line for trees up to four (4) inches in caliper and at a point twelve (12) inches above the natural ground for trees over four (4) inches in caliper. For measuring existing trees to determine whether they are a resource, caliper measurements shall be taken at a point on the trunk four and one half (4 '/2) feet above the natural ground.
f. DRIPLINE - A generally circular line, the circumference of which is determined by the outer reaches of a tree's widest branching points.
g. VIABLE VEGETATION Vegetation that is not dead, dying, invasive, non-native or non-indigenous.
h. INVASIVE PLANT SPECIES Predominantly non-native, non-indigenous, alien tree, shrub, vine, or herbaceous species that grow or reproduce aggressively, usually because they have few or no natural predators, and which can so dominate an ecosystem that they kill off or drive out many indigenous plant species. Invasive trees, shrubs, vines or herbaceous species include, but are not limited to: Norway Maple, Tree-of-Heaven, Paper Mulberry, White Mulberry, Empress Tree, White Poplar, Multiflora Rosa, Japanese Barberry, European Barberry, Autumn Olive, Border Privet, Common Privet, Morrow's Honeysuckle, Tartarian Honeysuckle, Japanese Honeysuckle, Common Buckthorn, Wineberry, Japanese Spiraea, Linden Vibernum, Guelder Rose, Oriental Bittersweet, Leatherleaf Clematis, Mile-a-Minute Weed, Kudzu, Garlic Mustard, Canada Thistle, Crown Vetch, Tall Fescue, Purple Loosestrife, Sweet Clover, Japanese Stilt Grass, Reed Canary Grass, and Johnson Grass.
i. TREES IN THE RIGHT-OF-WAY All viable vegetation and specimen trees located within the area of the ultimate right-of-way. For the purposes of this Ordinance, trees in the Right-of-Way shall be considered woodlands or wooded areas and regulated as such.
2.General Standards The following standards shall apply to all vegetation disturbance.
a. All wooded areas which are required to be preserved shall remain in their natural condition with the natural forest understory and ground cover left intact.
b. Wildlife habitat. Wooded areas and/or specimen trees providing habitat for threatened and/or endangered species shall not be disturbed and shall be contained within a Tree Protection Zone. Threatened and/or endangered species shall mean fauna or flora listed as "threatened" or "endangered" under the Endangered Species Act of 1973, the Wild Resource Conservation Act and regulations adopted pursuant to each of the said Acts.
c. Removal of woodlands and/or specimen trees shall occur only in conformance with the tree replacement provisions of Section 5.20M of the Subdivision and Land Development Ordinance, whether or not an application for subdivision or land development is required.
d. Should any existing viable vegetation within the Tree Protection Zone be irreparably damaged during site preparation activities and as a consequence thereof, die within two (2) years of the conclusion of site preparation activities, such trees shall be replaced in accordance with Section 5.20M of the SALDO, whether or not an application for subdivision or land development is required.
e. The removal or destruction of each viable tree within the Tree Protection Zone is prohibited without approval from the Township or its appointed representative.
3. Vegetation Management Plan A Vegetation Management Plan is required for all major subdivisions and all land developments. The plan shall include the following:
a. Existing Conditions including vegetation types and sizes of trees, woody shrubs, herbaceous plants, land use history for the previous two years, unique features, wildlife species, and water resources.
b. Review of the Pennsylvania Natural Diversity Inventory (PNDI) and the Bucks County Natural Areas Inventory for threatened and/or endangered species and their habitat. If a threatened and/or endangered species and/or the habitat are identified, a site investigation and report performed by a natural resource specialist is required. The Township may request an on site investigation for threatened and/or endangered species and/or habitats if site conditions warrant such investigation.
c. Disturbance Suitability Analysis - A suitability analysis shall be performed which identifies the wooded areas that are least suitable for disturbance and the wooded areas that are most suitable for disturbance. Areas that contain one or more of the following conditions shall be considered least suitable and mapped appropriately:
1) Wooded areas that contain threatened rare and/or endangered species and/or the associated habitats.
2) Wooded areas containing Class II and III steep slopes.
3) Riparian Corridors as defined in this Ordinance.
4) Specimen tree species.
5) Trees in the Right-of-Way.
6) Sensitive habitats such as spring seeps, vernal ponds, cliffs, caves, and rubble land (area with high content of large rock fragments).
4. Landscape Conservation Plan. For all major subdivisions and all land developments, a tree protection zone shall be established and mapped in accordance with the information from the suitability analysis and Section 5.20(L) of the Township Subdivision and Land Development Ordinance. . The tree protection zone shall include wooded areas to be preserved. In addition, a tree protection plan shall be provided and integrate the following practices for the area within the tree protection zone:
a. Control competing vegetation such as ferns, grasses and other undesirable understory tree and shrub species.
b. Remove invasive species from the tree protection zone.
c. Control the potential loss of vegetation to deer and other wildlife, through the use of deer-resistant species and tree sizes.
d. Protect sensitive habitats.
e. Remove dead, dying and marginal vegetation.
f. Protect cavity trees and food-producing shrubs and vines.
5. Tree Replacement Plan. For all major subdivisions and all land developments, a tree replacement plan shall be submitted in conformance with Section 5.20(M) of the Township Subdivision and Land Development Ordinance and the following criteria:
a. A planting plan including species, size and location of individual plantings shall be submitted for review and approval by the Township. A chart tabulating the diameter inches being removed, the diameter inches to be replaced and the resultant number of replacement trees shall be provided in the plan. Plant material shall be guaranteed for a period of two (2) years from the date of planting, or, in the case of a subdivision or land development, from the date of acceptance of required improvements, whichever is greater.
b. Transplanted plants. Provisions may be made on a site specific basis and in consultation with the Township to satisfy the minimum requirement in Section 5.20.M.3 of the SALDO with transplanted material. The transplanted plant materials shall be at least the same size as required nursery grown material and shall also be subject to the same protection, maintenance and guarantee requirements. Transplanted material shall be handled according to the American Nursery and Landscape Association's (ANLA) guidelines and pruned according to the American National Standards Institute (ANSI) publication "A300 Pruning Standard." When pruning, a more conservative "crown clearing" is recommended, removing up to 25% of the branches.
c. Replacement tree species and location. Species of replacement planting and planting locations shall reflect careful site evaluation and shall integrate the following criteria in selection and location:
1) Existing and proposed site conditions and their suitability for the plant materials, based upon the site's geology, hydrology, soils and microclimate.
2) Specific functional and design objectives of the plantings, which may include but not limited to; replacement of woodland area removed, enhancement of existing woodland, reforestation of riparian buffer areas, provision for landscape buffer, visual screening, noise abatement, energy conservation, wildlife habitats, and aesthetic values.
3) Maintenance considerations such as hardiness, resistance to insects and disease, longevity and availability, and resistance to deer damage.
4) The use of nursery free-fruiting native trees and shrubs is encouraged. Species should reflect species diversity characteristics of the native deciduous woodland.
5) Replacement plant material shall not disrupt or impact an existing viewshed.
d. Construction procedure. Prior to the commencement of construction on any lot, and as a prerequisite for the issuance of a building permit for a building within a major subdivision or land development, the applicant shall mark the tree protection zone boundary with an orange snow fence or orange super silt fence four feet in height. On notification that the marking is completed, the Township shall conduct an inspection to ensure that field conditions represent conditions presented in the tree protection and replacement plan. A reinspection of the site shall occur once notified of the completion of site work. The re-inspection will verify the number of living trees remaining in the Tree Protection Zone without material injury or disturbance.
D. Streams, Watercourses, Regulated Waters of the Commonwealth, Lakes or Ponds. These areas include watercourses, streams or bodies of water and their floodways wholly or partly within or forming part of the boundary of this Commonwealth and shall not be altered, graded, developed, filled, piped, diverted or built upon. In addition, the provisions of the Riparian Corridor Overlay District provided in subsection G hereof shall apply.
E. Wetlands Those areas that are inundated or saturated by surface or ground water 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, including swamps, marshes, bogs, and similar areas.
1. Wetlands perform the following functions:
a. Serving natural biological functions, including food chain production; general habitat; and nesting, spawning, rearing and resting sites for aquatic, waterfowl or land species.
b. Providing areas for study of the environment or as sanctuaries or refuges.
c. Maintaining natural drainage characteristics, sedimentation patterns, salinity distribution, flushing characteristics, natural water filtration processes, current patterns or other environmental characteristics.
d. Shielding other areas from wave action, erosion or storm damage.
e. Serving as a natural storage area for storm and flood waters.
f. Providing a ground water discharge area that maintains minimum baseflows.
g. Serving as a prime natural recharge area where surface water and groundwater are directly interconnected.
h. Preventing pollution by not only filtering and removing pollutants, but also by assimilating and recycling them.
i. Providing recreation.
2. Wetlands shall not be altered, graded, developed, filled, piped, diverted or built upon. All requirements of the Solebury Township Subdivision and Land Development Ordinance shall be met for wetland delineation.
3. Crossing of wetlands is permitted as a Conditional Use provided that the crossing is designed so that disturbance, filling, and grading are the minimum needed to span the wetlands areas.
4. The provisions of the Riparian Corridor Overlay District provided at paragraph F hereof shall apply in addition to the regulations set forth herein.
5. Requirements for Exceptional Value Wetlands and Other Wetlands Exceptional Value wetlands deserve special protection.
a. Exceptional value wetlands are wetlands that exhibit one or more of the following characteristics:
1) Wetlands which serve as habitat for fauna or flora listed as "threatened" or "endangered" under the Endangered Species Act of 1973, the Wild Resource Conservation Act, 30 Pa.C.S. (relating to the Fish and Boat Code) or 34 (relating to the Game and Wildlife Code).
2) Wetlands that are hydrologically connected to or located within 1/2 mile of wetlands identified under subparagraph 1) and that maintain the habitat of the threatened or endangered species within the wetland identified under subparagraph 1).
3) Wetlands that are located in or along the floodplain of the reach of a wild trout stream or waters listed as exceptional value under PA Chapter 93 (relating to water quality standards) and the floodplain of streams tributary thereto, or wetlands within the corridor of a watercourse or body of water that has been designated as a National wild or scenic river in accordance with the Wild and Scenic Rivers Act of 1968, or designated as wild or scenic under the Pennsylvania Scenic River Act.
4) Wetlands located along an existing public or private drinking water supply, including both surface water and groundwater sources, that maintain the quality or quantity of the drinking water supply.
5)Wetlands located in areas designated by the Pennsylvania Department of Environmental Protection as "natural" or "wild" areas within State forest or park lands, wetlands located in area designated as Federal wilderness areas under the Wilderness Act of 1975, or the Federal Eastern Wilderness Act of 1975, or wetlands located in areas designated as National natural landmarks by the Secretary of the Interior under the Historic Sites Act of 1935, or wetlands within areas designed by the National Park Services as Wild and Scenic.
b. Exceptional Value Wetlands are subject to the following regulations: No disturbance or encroachments are permitted. An assessment of potential wetland impacts shall be required for any development located within 300 feet of exceptional wetlands and 100 of other wetlands because of the interconnectiveness of the landscape, the dependence of wetland functioning on the nearby upland area and the substantial potential for disturbances in reasonable proximity of a wetland. Disturbance of any area within 300 feet of Exceptional Value Wetlands shall be prohibited where such disturbance would have a substantial adverse impact on the quality of the wetlands [see 25 PA Code section 105.14 B and 105.15 for determination of adverse impact] All wetlands, regardless of size or quality, are an important part of the water budget based planning.
c. All other wetlands - Disturbance of any area within 100 feet of other wetlands shall he prohibited were such disturbance would have a substantial adverse impact on the quality of the wetlands [see 25 PA Code section 105.14 B and 105.15 for determination of adverse impact]
F. Carbonate (Limestone) Geology Overlay District - In accordance with Section 605(2)(iii) of the Pennsylvania Municipalities Planning Code, this ordinance and other applicable township ordinances regulate and restrict uses in areas of hazardous geological formations, including limestone and carbonate areas. Those areas of Solebury Township as identified as being within the limestone formation as identified in Conservation and Management Practices for Buckingham and Durham Carbonate Valleys, February, 1985 ("Carbonate Study") shall constitute the Carbonate (Limestone) Geology Overlay District ("Limestone Overlay District"). In addition, the Limestone Overlay District shall include all areas within 200 feet of the outer perimeter of the boundary of the limestone formation as depicted on the Carbonate Study. The Limestone Overlay District shall also include any area within the Township underlain by carbonate geology as determined by a qualified professional or by any reliable geological study in the possession of the Township.
1. Determination of Limestone Features. An applicant for any property within the Limestone Overlay District shall, at the time an application is made, provide Township with a study performed in accordance with a methodology approved by the Township which accurately identifies and maps sinkholes, closed depressions, ghost lakes, surface pinnacles, lineaments, fracture traces, disappearing streams, solution channels, underground drainage flow paths and other geologic features which may impact the use and development of the property. Electrical resistivity profiles, small diameter coring of rock or other equivalent methods, as appropriate, shall be utilized, in the discretion of the Township, to adequately map such features.
2. Additional Regulations Applicable to Limestone Geology Overlay District.
a. Activities within the Limestone Overlay District shall be subject to the provisions of Section 1904 hereof and to the provisions of section 5.25 of the SALDO.
b. Impervious surface shall be limited to not more than 10 percent of the total site to be developed within the overlay district. Lots created shall have impervious surface ratio of not more than 10 percent, except that in districts where a more restrictive impervious surface ratio is in effect, the more restrictive requirement shall apply.
c. Best management practices designed for carbonate areas for the management of stormwater shall be used.
d. No use shall be permitted in the limestone/carbonate overlay district that uses or handles any hazardous substances, including dry cleaners, automobile service stations, or any other use that uses potentially hazardous materials.
G. Prime Agricultural Soils - No more than 20% of the aggregate of the Class 1, 2, and 3 soils shall be altered, graded or built upon except in accordance with the provisions of this Ordinance; provided however that the Board of Supervisors may grant conditional use approval in accordance with the provisions of this Ordinance to permit an area greater than 20% of Class, 1, 2, and 3 soils to be disturbed.
