General Standards.

A. The size, shape and orientation of lots shall be appropriate for the type of development and use contemplated.

B. Insofar as practical, side lot lines shall be at right angles to straight public street lines or radial to curved public street lines.

C. Wherever feasible, lot lines shall follow Township boundaries rather than cross them, in order to avoid jurisdictional problems.

D. Depth and width of parcels intended for nonresidential uses shall be adequate for the use proposed and sufficient to provide satisfactory space for on-site parking, loading and unloading, setbacks, landscaping, etc.

E. If, after subdividing, there exist sub-standard remnants of land, they shall be either incorporated into existing or proposed lots, or legally dedicated to Township use, if acceptable to the Township.

F. The Township subdivision coordinator in accordance with the standards established by Township ordinance shall assign house numbers to each lot.

(Ord. 2-2000, 4/5/2000, §63)

1. All lots shall have frontage on and direct access to a public street or a private street. All lots shall have street frontage at the right-of-way line equivalent to at least 75% of the required minimum of lot width at the building line, except in the following circumstances:

A. All lots radiating from a cul-de-sac shall have a minimum of 50 feet frontage at the street right-of-way line.

B. The creation of interior lots as such lots are defined in the Zoning Ordinance [Chapter 27], shall be limited, and no applicant shall be permitted to create interior lots to avoid constructing or extending streets. The total number, of interior lots that may be created in subdivision shall not exceed two such lots or 15% of the total number of lots in the subdivision, whichever is higher. In any case, no more than two contiguous interior lots shall be permitted. All interior lots shall be connected to a street right-of-way by fee simple access strip of a minimum width of 20 feet for its entire length. Flag lots shall not be allowed when cluster design is used.

2. Double or reverse frontage lots shall be avoided except where required to provide separation of residential development from major public streets or to overcome specific disadvantages of topography or orientation.

3. All residential reverse frontage lots shall have a rear yard with a minimum depth of 60 feet measured in the shortest distance from the proposed dwelling unit to the ultimate right-of-way, and shall, within such rear yard and immediately adjacent to the right-of-way, have a planting screen easement of at least 10 feet in width, across which there shall be no right of access.

(Ord. 2-2000, 4/5/2000, §64)

1. The minimum building setback line shall be in accordance with the Zoning Ordinance [Chapter 27].

2. On any lot abutting a railroad, transmission line, or pipeline, no dwelling unit shall be placed within 75 feet of the nearest existing track, tower, or piping, nor within 25 feet of any portion of the right-of-way boundary lines.

(Ord. 2-2000, 4/5/2000, §65)

A.separate and distinct driveway shall serve each single-family detached dwelling unit. All driveways for any dwelling unit shall be so constructed as to enable such turning motions by vehicles as will permit them to exit the premises in a forward motion. Driveways for all dwelling units constructed within street right-of-way shall be subject to the following requirements:

A. Private driveways on corner lots shall be located at least 40 feet from the point of intersection of the nearest street right-of-way lines.

B. In order to provide a safe and convenient means of access, grades on private driveways should not exceed 10%, unless specifically authorized by the Board of Supervisors.

C. The driveway shall be constructed with a minimum 4 inch base of PennDOT 3A modified stone and may be topped with crushed stone or blacktop paving, except drainage swales which must be blacktopped.

D. Sight distance shall be provided in accordance with Title 67, Chapter 441, of the Pennsylvania Code, as amended.

E. The gutter line, whenever possible, shall be maintained as a paved swale, with a maximum depth of 6 inches and a minimum width of 36 inches.

F. In order to provide safe and convenient ingress and egress, private driveway entrances should be rounded at a minimum radius of 5 feet, or should have a flare constructed that is equivalent to this radius, at the point of intersection with the cartway edge (curb line).

(Ord. 2-2000, 4/5/2000, §66)

Lot dimensions and areas shall not be less than specified by the provisions of the Zoning Ordinance [Chapter 27] for the district in which the development is located.

(Ord. 2-2000, 4/5/2000, §67)

1. The developer shall provide the highest type of sanitary sewage disposal facility consistent with existing physical, geographical and geological conditions and in conformance with all applicable Township ordinances and State and County regulations.

2. Wherever approval by the Pennsylvania Department of Environmental Protection is required for the water supply or sanitary sewage disposal system(s) for a proposed development, the Planning Commission shall require that a copy of such approval certification be submitted with both the preliminary and final plans.

3. All materials, construction methods and details employed in the construction of sanitary sewage disposal facilities shall be in accordance with the latest Pennsylvania Department of Environmental Protection guidelines or the Township's specifications, whichever is more stringent.

(Ord. 2-2000, 4/5/2000, §68)

1. Wherever an existing public or approved community water system is geographi- cally and economically accessible to a proposed development, a distribution system shall be designed to furnish an adequate supply of water to each lot, with adequate main sizes and fire hydrant locations to meet the specifications of the State Insurance Services Office. A copy of the approval of such system by the appropriate public agency or utility company shall be submitted with the final plan. Suitable agreements shall also be established for the ownership and maintenance of such distribution system.

2. Where individual on-site water supply system(s) are to be utilized, each lot so served shall be of a size and shape to allow safe location of such a system.

(Ord. 2-2000, 4/5/2000, §69)

1. Unless conducted as an approved timber harvesting operation in accordance with the provisions of subsection .10, no more than 25% of woodlands and hedgerows shall be disturbed. Where woodlands and hedgerows overlap other protected resources, the more restrictive standard shall apply. Woodlands and hedgerows shall be considered a single resource in the calculation of the permitted degree of disturbance.

2. Unless specifically exempted by this Chapter, no tree shall be cut or otherwise removed from any land within the Township unless a tree removal permit has been secured in accordance with the provisions of subsection .7.

3. Protection of Specimen Vegetation. Specimen vegetation, as defined herein, shall not be removed from any lot or tract except where the applicant demonstrates to the satisfaction of the Township that such removal is essential to eliminate a hazardous condition(s) or there is a demonstrable financial hardship if the vegetation is not removed. Where permitted, removal of specimen vegetation shall be minimized.

4. Guidelines for Permitted Woodland Disturbance. In determining where permitted woodland disturbance will occur, the following factors shall he considered:

A. The applicant shall consider the location(s) and benefits of the conservation of mature, healthy woodland stands and their importance as wildlife habitat.

B. Each building or structure shall be constructed in such a manner as to provide the least alteration necessary of the existing woodland. Where possible, the amount of clear-cutting shall be minimized and trees shall be selectively removed.

C. Trees which are retained shall be identified and protected in accordance with the provisions of subsection .5.

D. Woodland disturbance that would threaten the growth of remaining trees shall be avoided.

E. Woodlands and other natural vegetation that remain undisturbed shall interconnect with woodlands or wooded areas of adjacent properties, where they exist, to preserve continuous woodland corridors and allow for the normal movement, dispersion, and migration of wildlife. The applicant shall consider the impacts, in terms of functions and values to wildlife, of separating, dividing, or encroaching on wildlife travel corridors or extensive habitat areas, especially woodlands exceeding 10 acres in area.

5. Tree Protection Zone. In order to prevent injury to those trees which have been designated for protection, a tree protection zone shall be established, prior to any land disturbance, where trees or woodlands on the site are to be retained. In the tree protection zone, the following standards shall apply:

A. Grade changes and excavations shall not encroach upon the tree protection zone.

B. Trees being removed shall not be felled, pushed, or pulled into a tree protection zone or into trees to be retained.

C. No toxic materials, including petroleum based and derived products shall be stored within 100 feet of a tree protection zone.

D. The area within the tree protection zone shall not be built upon, nor shall any materials be stored either temporarily or permanently in the tree protection zone. Vehicles and equipment shall not be parked in the tree protection zone.

E. Sediment, retention and detention basins shall not be located within the tree protection zone, nor shall they discharge into the tree protection zone.

F. When tree stumps are located within 10 feet of the tree protection zone, the stumps shall only be removed by means of a stump grinder to minimize the effect on the surrounding root systems.

G. Tree roots which must be severed shall be cut by a backhoe or similar equipment aligned radially to the tree.

H. Within 4 hours of any severance of roots, all tree roots that have been exposed and/or damaged shall be trimmed cleanly and covered temporarily with moist peat moss, moist burlap or other biodegradable material to keep them from drying out until permanent cover can be installed.

I. Where a utility line must be located through a tree protection zone, tunneling shall be used instead of trenching, except where, in the opinion of the Township, survival of the tree would not be affected by either method. The Township shall determine the most desirable location for the utility line. Trenches shall be filled as soon as possible, and tamped lightly to avoid air spaces.

J. Marking the Tree Protection Zone on the Site. Prior to construction, the tree protection zone shall be delineated by the following methods:

(1) The tree protection zone that is delineated on the site prior to construction shall conform to the approved development plans.

(2) All trees scheduled to remain shall be marked; where groups of trees exist, only the trees on the edge need to be marked.

(3) A suitable fence mounted on steel posts, located 8 feet on center, shall be placed along the boundary of the tree protection zone. The fencing along the zone shall be maintained until all construction and other work has been completed. Any damage to the protective fencing shall be replaced and repaired before further construction commences.

(4) In addition to the tree protection zone, trees may be left standing as protection between the trunks of the trees to be retained and the limits of grading. When additional trees are used as protection, the tree protection zone on the approved plan shall be marked in the field so that the additional buffer area is delineated. When this method of protection is used, these additional trees shall be removed at the time of completion of the project.

K. Where a tree designated for preservation is severely damaged by construction (or is clearly not going to survive) within 1 year of the end date of construction, tree replacement shall occur as provided for in subsection .6.

6. Tree Replacement.

A. Applicability.

(1) Except when conducted as an approved tree harvesting operation, tree replacement shall be required whenever permitted woodland disturbance exceeds either of the following standards:

(a) Woodland disturbance in excess of 15,000 square feet of existing woodland for each principal use permitted on a lot or tract.

(b) Woodland disturbance in excess of 25% of the existing woodland on the subject tract measured in its entirety or woodland disturbance in excess of 50% on any single lot within a subdivision.

(2) In determining the extent of the woodland disturbance, it shall include the entire area within the drip line of any tree comprising a wooded area, where any portion of the drip line of such tree is subject to disturbance.

B. Tree Replacement Standards.

(1) When required, the replacement of trees shall occur on the same lot or tract where disturbance occurs, except as may otherwise be permitted in subparagraph (3) and shall occur as prescribed in the following table:

(2) Replacement trees shall be of nursery grade quality, balled and burlapped.

(3) Where replacement trees are required but not suitable for the particular site prescribed due to the size of the site or other limitations, the trees shall be used for planting on public lands as close to the tract as possible. Such alternative sites shall be as approved by the Township. In addition, the Township shall have the discretion to require a fee-in-lieu of any replacement trees.

(4) The type of replacement trees shall be the same species as removed from the site unless the tree removed was an invasive or non-native plant species or another species acceptable to the Township. The choice of replacement trees shall be approved by the Township.

(5) Specimen trees retained shall be credited toward the tree replacement requirement at a ratio of three trees credited for each one specimen tree retained.

(6) Replacement trees shall have been grown within the same USDA hardiness zone as the lot or tract and shall be nursery grown, except those deemed by the Township to be acceptable for transplanting from other disturbed portions of the lot or tract.

(7) Species of replacement plantings shall reflect careful site evaluation and approval of the Township, including:

(a) Existing and proposed site conditions and their suitability for the tree species, based on geology, hydrology, soil, and microclimate.

(b) Specific functional and design objectives, including replacement of the woodlands being removed, enhancement of existing woodlands, reforestation of riparian buffers, landscape buffering, visual screening, noise abatement, energy conservation, wildlife habitats, and maximizing aesthetic values.

(c) Maintenance considerations such as hardiness, resistance to insects and disease, longevity, and availability.

(d) Because of the many benefits of native species (ease of maintenance, longevity, wildlife habitat, etc. ), the use of nursery grown, free-fruiting native trees, is strongly encouraged. Selection should reflect species diversity characteristic of the native deciduous landscape of Delaware County.

(8) The planting of replacement trees shall be done by or supervised by a person with horticultural training in tree care and planting methods.

(9) Newly planted replacement trees shall be monitored for a period of 1 year to ensure the health of the trees. If a replacement tree(s) dies or is dying within the 1-year period, the applicant shall replace the dead tree(s) at no cost to the Township.

(10) To the extent that an escrow is required, it shall be established to the approval of the Township Board of Supervisors.

7. Tree Removal Permits.

A. Applicability.

(1) Except for the exemptions set forth in paragraph .B, no woodlands shall be cut or otherwise removed from any lands in the Township without a tree removal permit.

(2) All applications for approval of a subdivision or land development, building permit, special exception, conditional use, or zoning variance requiring tree removal shall include an application for a tree removal permit. Any lot owner wishing to remove trees shall comply with the appropriate sections of this Section.

(3) Applications for tree removal permits shall be submitted to the Township for review and approval.

(4) No tree planted or preserved as part of any landscape plan or in accordance with any street tree requirement approved in conjunction with a subdivision or land development plan shall be removed, except for such trees directed to be removed pursuant to other sections of this Article.

B. Exemptions. The following shall be exempt from requirements for a tree removal permit:

(1) Trees expressly grown for or by commercial nurseries, fruit orchards, and Christmas tree farms.

(2) Trees removed in conjunction with farmland greater than 5 acres in size that will be actively devoted primarily to agricultural uses except that where the owner desires to remove any trees for the purpose of expanding farmlands, an inventory of trees to be removed, identified by size and species, shall be prepared and filed with the Township prior to any tree removal. In the event the expanded farmlands are not actively devoted primarily to farming activities for a period of 7 years following tree removal, the tree replacement provisions of subsection .6 shall apply.

(3) Trees removed from residential lots that are less than two times the minimum required lot size, where removal is no more than three trees with a 6inch DBH or less in any 2-year period.

(4) Trees removed from residential lots that are greater than two times the required lot size and are removing no more than six trees with a 6-inch DBH or less in any 2-year period.

(5) Any tree which is located within a cemetery.

(6) Trees directed to be removed by municipal, County, State, or Federal authority pursuant to law, or any tree located on lands owned by the Township.

(7) Removal of trees which are dead or dying (except within a Zone 1 Riparian Buffer), diseased trees, trees which have suffered damage, or any tree whose angle of growth or condition makes them a hazard to structures. roads, or human life.

(8) Removal of trees which appear to cause structural damage to buildings or foundations.

(9) Pruning or removal of trees within the right-of-way by utility companies for maintenance of utility wires or pipelines and the pruning of trees within sight easements.

(10) Removal of trees less than 1 year in age.

C. Tree Removal Permit Requirements. The application for a tree removal permit shall include the following information:

(1) Name and address of the owner of the lot or tract and legal status (individual, partnership, corporation, etc.)

(2) Description of the lot or tract where removal is to take place, including lot and block numbers and street address as assigned.

(3) A list of all trees to be removed with a DBH equal to or greater than 6 inches identified by size and species, including total number of each species to be removed.

(4) Purpose for tree removal (new construction, street or roadway, driveway, utility easement, recreation areas, parking lot, etc.).

(5) Proof that there are no delinquent property taxes or assessments due on the property for which the application is submitted.

(6) Sufficient information to allow a determination that the proposed tree removal is consistent with the woodland removal limitations and standards of this Section and any other applicable ordinance requirements.

(7) Such other information as may be deemed necessary by the Township to effectively process and evaluate such permit application.

(8) Fees shall be as established, from time to time, by resolution of the Board of Supervisors.

D. Tree Removal Permit Time Limits.

(1) Where the tree removal permit application is submitted as part of an application for a subdivision or land development, the time for approval shall be governed by the timing requirements applicable to subdivision and land developments.

(2) Where the application is made in connection with a lot that is not part of a subdivision or land development, the Township shall act on the application within 30 days of its receipt or within such additional time as is consented to by the applicant. Failure to act on the application within 30 days, or any agreed to extension thereof, shall be deemed to be an approval of the application.

(3) Approval by default with regard to subdivision or land development plans shall not be deemed a waiver of the tree removal permit.

E. Duration of Tree Removal Permit. Permits granted for the removal of trees under the terms and conditions of this Chapter shall run with the land and shall remain in force and effect for the following periods of time, and not thereafter. Once the permit has expired, a new application must be submitted for review and a new permit issued. Time limits shall be as follows:

(1) If granted for a lot or tract for which no building permit is required, 1 year from the date of issuance.

(2) If granted for a lot or parcel of land for which a building permit is required, but for which no subdivision or land development approval is required, until expiration of the building permit granted with such tree removal permit.

(3) If granted for a lot or tract of land for which land development approval is required by the Township as a condition precedent to obtaining a building permit, until expiration of the land development approval, or expiration of the building permit issued after such site plan approval.

(4) If granted for a lot or tract of land for which minor subdivision is sought, 1 year from the date of granting of approval for such minor subdivision.

(5) If granted for a lot or tract of land for which approval of a major subdivision is sought until expiration of such approval.

F. Inspections and Enforcement Related to Tree Removal Permits.

(1) Prior to taking final action upon any application for a tree removal permit, an inspection of the site shall be made by the Township.

(2) Prior to any tree removal, all trees shall be marked and areas to be cleared identified, all of which shall be inspected by the Township.

(3) The Township may periodically inspect the lot or tract during the construction phase to verify compliance with this Chapter. Such inspection shall be made of the lot or tract referred to in the permit application and of contiguous and adjoining lands, as well as of lands in the vicinity of the application, for the purpose of determining drainage and physical conditions thereon.

G. Violations and enforcement remedies shall be as established in §22-1114 of this Chapter. In addition, where regulated trees are removed without a tree removal permit, the affected areas shall be replanted, increasing replacement requirements of subsection .6 by 50% (fractions shall be rounded up) and planted to the satisfaction of the Township.

8. Delineation. The applicant shall delineate woodlands which are on the site, in accordance with this subsection and which shall be approved by the Township. In addition, where trees or woodlands on the site are to be preserved, they shall be clearly delineated on the plan as a tree protection zone.

9. Subdivision and Land Development Plan Requirements.

A. All subdivision and land development plans submitted to the Township for review shall contain a mapped inventory of existing vegetation on the entire site. Vegetation shall constitute masses of canopy, specimen and under-story trees, as well as shrub masses and hedgerows. The edge of vegetated areas shall be shown as it exists prior to any site disturbance. and shall include the location of all trees over 6 inches DBH.

B. In its review of a subdivision or land development plan, the Township may require alteration to the proposed development in order to protect the maximum amount of existing trees. This may be done through the relocation of the proposed use, the use of multiple stories to minimize the building area, and/or the modification of drives and parking.

C. All final approved subdivision and land development plans shall delineate vegetative areas to be retained and contain instructions for protection in accordance with this Section.

10. Timber Harvesting. Where required by this Chapter a timber harvesting plan, prepared in accordance with this subsection, shall be approved by the Township prior to any harvesting operations.

A. Timber Harvesting Plan.

(1) The timber harvesting plan shall address all applicable erosion and sedimentation control and stream crossing regulations as provided in Chapter 102, Erosion Control Rules and Regulations, issued under Act of June 22, 1937, P.L. 1987 (Clean Streams Law), and Chapter 105, Dam and Waterway Management Rules and Regulations, issued under Act of 1978, P.L. 1375, No. 325 (Dam Safety and Encroachment Act).

(2) The timber harvesting plan shall address, in specific detail, the following:

(a) Design of haul and skid road system, and skid trails.

(b) Water control structures.

(c) Stream crossings.

(d) Log landings.

(e) Maintenance.

(f) Road and log land retirement.

(g) Location of anticipated operation in relation to Township and State roads, including Ingress and egress.

(h) Location of property boundaries of the tract on which the harvesting will take place and the boundaries of the proposed harvest area.

(i) Description of the harvesting method to be employed.

(j) Total existing basal area.

(3) The timber harvesting plan shall be available at all times at the harvesting site.

(4) The Township shall be notified at least 5 working days prior to the start of the harvesting and within 5 working days prior to the completion of the harvesting.

B. In addition to any other applicable requirements, the following standards shall govern all timber harvesting operations:

(1) The boundaries of the area to be harvested shall be clearly marked by attaching posters to the boundary trees prior to the harvest to avoid inadvertent harvest off-site.

(2) Felling or skidding on or across any public road is prohibited without the express written consent of the Township or the Pennsylvania Department of Transportation, whichever is responsible for the maintenance of such roads.

(3) No tops or slash shall be left within 75 feet of a public road or adjacent property boundary.

(4) A harvesting setback of 75 feet shall be established along any public road or adjacent property boundary, and harvesting shall be limited to one-third of the basal area of the harvest in a 10-year period.

(5) Litter or debris resulting from a timber harvesting operation shall be completely removed from the site before vacated by the operator.

(6) All haul roads, skid roads, skid trails and log landings shall be retired properly including seeding of herbaceous species as recommended by the Township, Delaware County or the Pennsylvania Department of Conservation and Natural Resources, Bureau of Forestry.

(Orci. 2-2000, 4/5/2000; as added by Orci. 1-2008, 10/1/2008, §IV)