Ordinance No. 107
An
Ordinance amending the Zoning Ordinance of Kennett Township, Ordinance No. 50.
The
Board of Supervisors of Kennett Township hereby enacts and ordains that the
Zoning Ordinance of Kennett Township, Ordinance No. 50, adopted
November 1, 1988 be amended further as follows:
Section 1: Amend Section 201 to
delete the present definition of "open space, common" and to add the following
definitions:
DBH
(dbh). The diameter of a tree at
breast height, measured 4.5 feet from the ground surface at the point of highest
elevation in contact with the trunk of such tree.
Drip
Line.
A generally circular line, the circumference of which is determined by
the outer reaches of a tree's widest branching points.
Hedgerow.
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
purposes of regulation under §517 of the Kennett Township Subdivision & Land
Development Ordinance, hedgerows are considered to be woodlands.
Hydric
Soils.
Any soil inventoried or described as hydric or as a soil with hydric
inclusions according to the Soil Survey of Chester & Delaware Counties,
Pennsylvania, or other information provided by the U.S. Soil Conservation
Service (SCS). In Kennett Township,
hydric soils shall include but not be limited to those with the following soil
type designations: Bedford (BdA, BdB2), Calvert (Ca), Chewacla (Ch), Congaree
(Cn), Glenville (GnA, GnB, GnB2, GnC2), Guthrie (Gu), Lawrence (LaA, LaB),
Wehadkee (We), and Worsham (WoA, WoB, WoB2).
Where site conditions may indicate that the location of hydric soils or
soils with hydric inclusions differ from locations indicated by the SCS, the
burden shall be upon the Applicant to verify such location(s) to the
satisfaction of the Board of Supervisors, otherwise the SCS information shall be
presumed to be accurate.
Impervious Cover.
Any surface which precludes penetration to lower soil levels by surface
water. All buildings, including
roof overhangs, parking areas, driveways, roads, sidewalks, and other such areas
in concrete or asphalt shall be considered components of impervious cover.
In addition, other areas determined by the Township Engineer to be
impervious within the meaning of this definition shall also be considered as
contributing to total impervious cover.
For purposes of determining compliance with maximum impervious cover
limitations on any lot or tract, impervious cover shall be measured as a
percentage of net tract area, defined herein.
Minimize.
To reduce to the smallest amount or extent possible.
"Minimize" shall not mean complete elimination but shall require that the
most substantial efforts possible under the circumstances have been taken to
reduce the adverse effect(s) of the action required to be minimized.
"Minimize" shall include but not be limited to the requirement that the
placement of dwellings and other structures and the locations of roads,
stormwater management facilities, and other land disturbance shall be planned
and designed to reduce the adverse effect(s) of the activity in question to the
smallest amount possible under the circumstances consistent with otherwise
permitted development.
Mitigation.
[per Chapter 105, DEP regs.]
A.
An action undertaken to accomplish one or more of the following:
1.
Avoid and minimize impacts by limiting the degree or magnitude of the
action and its implementation.
2.
Rectify the impact by repairing, rehabilitating or restoring the impacted
environment.
3.
Reduce or eliminate the impact over time by preservation and maintenance
operations during the life of the action.
B.
If the impact cannot be eliminated by following clauses 1-3 above,
compensate for the impact by replacing the environment impacted by the project
or by providing substitute resources or environments.
Oldfield.
An area undergoing natural succession characterized by the presence of
herbs, shrubs and small trees (seedlings) whose branches do not form a complete
or nearly complete aerial canopy.
Open
Space, Common.
(delete present definition)
Restricted open space within a development and intended for the use or enjoyment
of residents of the development.
Open space intended to meet minimum requirements for common open space shall
meet all criteria set forth in the Ordinance.
Open
Space Management Plan.
A plan which provides for the long-term management over time of private,
public, or common open space, in accordance with Section 1504 of the Kennett
Township Zoning Ordinance.
Open
Space, Restricted.
A parcel or parcels of land permanently restricted from further subdivision or
development for other than open space purposes permitted in accordance with this
Ordinance.
Riparian Buffer.
Any area comprised of one or more of the following:
A.
Any area within seventy-five (75) feet of any stream bank;
B.
Any wetlands and any area within fifteen (15) feet of any wetland;
C.
Any area of hydric soil.
Sewage
Facilities, Above Ground.
Above ground sewage facilities include pump stations, buildings or
structures housing electrical or sewage treatment equipment, clarifiers,
trickling filters, aeration tanks, digesters, setting ponds, permanent above
ground nozzles and equipment, parking areas for any such facilities, or any
similar equipment or facilities located in whole or in part on or above the
surface of the ground. For purposes
of calculation of area used for these facilities, any area within ten feet (or
some other specific distance) of the actual above ground portion of the facility
will be considered part of the area of the facility.
Note:
a nozzle permanently fixed above ground level would occupy 314 sq. ft. using the
10 ft. distance. A "pop-up" nozzle
or underground line would occupy no area.)
Sewage
Facilities, Subsurface.
Subsurface sewage facilities include only drain fields, tile fields,
dosing beds and similar facilities no portion of which is located or operated on
or above the surface of the ground.
Slope.
[replaces existing definition of
"steep slope" in Z.O.] The ratio of the change in elevation over the
horizontal distance as measured between consecutive contour lines, expressed as
a percent. Except for purposes of
sketch plan submission, contour intervals shall not exceed two feet.
Stream.
Any watercourse.
Waters
of the Commonwealth.
Regulated waters of the Commonwealth, including watercourses, streams or
bodies of water and their floodways wholly or partly within or forming part of
the boundary of the Commonwealth of Pennsylvania.
[per Chapter 105, DEP regs.]
Watercourse.
A channel or conveyance of surface water having defined bed and banks,
whether natural or artificial, with perennial or intermittent flow.
[per Chapter 105, DEP regs.]
Wetland Delineation.
The on-site method or process for identifying wetlands which is currently
adopted by the Pennsylvania Department of Environmental Protection
[NOTE: The Commonwealth currently
requires the methodology outlined in Federal Manual for Identifying and
Delineating Jurisdictional Wetlands, 1989].
Wetland Delineation Report.
A document that describes the investigation procedures and findings of a
wetland delineation.
Wetlands.
Wetlands are considered to be all lands regulated as wetlands by the
Pennsylvania Department of Environmental Protection and/or the U.S.
Army Corps of Engineers.
Such areas are inundated or saturated by surface water 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, including swamps, marshes, bogs and similar areas.
Woodland.
A tree mass or plant community in which tree species are dominant or
co-dominant, the branches of the trees form a complete, or nearly complete,
aerial canopy. For the purposes of
this Ordinance, the extent of any woodland plant community or any part thereof
shall be measured from the outer-most drip line of all the trees in the
community. Woodland shall include
any area where timber has been harvested within the previous three years and/or
woodland disturbance has occurred within the previous three years which would
have met the definition of woodland prior to timbering or disturbance.
Woodlands do not include orchards or oldfields.
Woodland disturbance.
A.
Any activity which alters the existing structure of a woodland or
hedgerow. Alterations include the
cutting or removal of canopy trees, subcanopy trees, understory shrubs and
vines, woody and herbaceous woodland floor species as well as the removal of
humus or duff from the ground;
B.
Any activity which constitutes a land disturbance (exposes soils, alters
topography) within a woodland or hedgerow;
C.
Woodland disturbance does not include the following:
a)
Removal of vegetation which constitutes hazardous condition(s); nor
b)
Selective cutting or removal of invasive alien trees, shrubs, vines or
herbaceous species including; Rosa multiflora (Multiflora Rose),
Eleagnus umbellata (Autumn Olive), Lonicera japonica
(Japanese Honeysuckle), Celastrus orbiculatus (Oriental
Bittersweet), Acer platanoides (Norway Maple), Pueriria
lobata (Kudzu) and Polygonum perfoliatum (Mile-a-Minute Weed);
nor
c)
Timber harvesting in accordance with a woodland management plan submitted
to the Township and prepared by a professional consulting forester acceptable to
the Township.
Section 2: Amend Section 1325 C.3
to delete present text "Natural and Cultural Resources Analysis: and replace
with:
3.
Site Analyses - Applicant shall provide an inventory of the tract's
natural features and systems, cultural resources, and visual amenities that may
be impacted by the proposed Conditional Use through preparation of Site Analyses
in accordance with §301.3 of the Kennett Township Subdivision and Land
Development Ordinance, as applicable.
Section 3: Amend Article XIV to add
the following:
SECTION 1414 CONSERVATION OF WOODLANDS & RIPARIAN BUFFERS
A.
Purpose.
The purpose of this section is to promote conservation of woodland and
riparian resources throughout Kennett Township through resource identification,
management planning, and development limitations where appropriate.
B.
Woodland & Riparian Management Planning.
Any Applicant required to submit an Open Space Management Plan in
accordance with §1504 and/or a Landscape Plan in partial fulfillment of the
requirements of this Ordinance and the Kennett Township Subdivision & Land
Development Ordinance shall include, as part of such plan, provision for the
long-term management of any riparian buffer or woodland areas as defined in
§201, whether or not part of any required open space area on the same lot or
tract. Where applicable, Applicants
are strongly encouraged to seek woodland management assistance through the
Pennsylvania "Forest Stewardship Program" administered by the Pennsylvania
Bureau of Forestry.
C.
Concurrent Submission.
For any activity within Kennett Township requiring the submission of a
wetland delineation report, stream or wetland encroachment permit, or mitigation
plan to the Pennsylvania Department of Environmental Protection and/or U.S.
Army Corps of Engineers, copy of all such documentation shall be
submitted to the Secretary of Kennett Township within ten days of submission to
the requiring agency.
D.
Provision for Building Permit Application.
Any Applicant for building permit (i.e., for building activity not
otherwise constituting a land development) shall comply with the provisions of
§516 and §517 of the Kennett Township Subdivision & Land Development Ordinance.
On any lot of record at the time of enactment of this section, the Zoning
Officer may issue a permit for building activity in accordance with applicable
zoning district regulations where such building activity requires intrusion into
riparian buffers (per § 201) or requires woodland disturbance in excess of that
permitted under § 517.1.C of the Subdivision & Land Development Ordinance,
subject to determination by the Zoning Officer that such intrusion or
disturbance is limited to the minimum practicable extent necessary to
accommodate the proposed building activity.
Section 4: Amend Section 1504B Lot
Averaging to delete:
"lot averaging may be effected by dividing designated common open space"
and
replace with:
"lot averaging will be effected by dividing designated restricted open
space."
Section 5: Amend Section 1504E to
delete:
5.
"As established in the approved plan for open space area, required above,
areas designated for open space purposes may be used for any of the following"
and to
replace with the following:
5.
"Except where approved by the Board of Supervisors and established in the
approved plan for open space areas, required above, areas designated for open
space purposes may be used only for any of the following:
Section 6: Amend Section 1504E.5 to
add the following:
(a)
Recreational activities which do not require the use of any permanent
structure. Exclusion of the use of
structures in support of recreation does not prohibit installation of walking
paths and bridges.
Section 7: Amend Section 1505 to
add the following:
F.
Restricted open space held in common ownership by a homeowners
association or as common elements under a condominium agreement may be leased to
an individual or corporation for maintenance and/or open space use as permitted
under this article, provided such lease is approved by the association or
condominium, as applicable, and the Board of Supervisors.
Section 8: Amend Section 1506 to
delete E. in its entirety.
Adopted this 15th day of
July, 1996.
KENNETT TOWNSHIP
BOARD OF SUPERVISORS
Attest:
__________________________
Charles G. Shoemaker
_________________________
Secretary-Treasurer
__________________________
James C. Henderson
__________________________
Michael E. Elling