ORDINANCE NO

The Board of Supervisors of Kennett Township hereby enacts and ordains that the Zoning Ordinance of Kennett Township Ordinance No. 50, as amended, be amended further as follows:

Section 1. Amend ARTICLE II DEFINITIONS, SECTION 201, by adding the following definitions:

Clearcutting. The indiscriminate removal of all trees on a site, or portion thereof, during a single timber harvesting operation or within a six month timeframe.

Floodplain. A relatively flat or low area adjoining a river, stream, or watercourse which is subject to partial or complete inundation, or an area subject to the unusual and rapid accumulation of runoff of surface areas. For the purpose of this Ordinance, the floodplain shall include the area within the Flood Hazard District as defined by Section 1102.

Buildable Area. An area identified on a lot to ensure that sufficient area is provided for the general location of the building, driveway, patio, on-lot sewage facilities (where applicable), and other necessary improvements and site alterations while meeting the natural resource protection standards and minimum setback requirements of this Ordinance.

Land Disturbance. Any activity which exposes soils, alters topography, and/or alters vegetation, except for the removal of hazardous or alien vegetation. Customary agricultural practices such as tilling, plowing, mowing, and harvesting are excluded from the definition of land disturbance.

Rare, Threatened, Endangered (RTE) Species Sites. Sites which have been identified on the Pennsylvania Natural Diversity Inventory (PNDI), or the Chester County Natural Areas Inventory as possessing floral or faunal species of concern or sites in which federally and/or state recognized RTE species of flora and/or fauna are present.

Selective Cutting. The felling of certain, but not all, trees in an area for the purpose of removing dead, diseased, damaged, mature, or marketable timber or for improving the quality of a tree stand.

A. Any individual plant or group of plants identified on any Kennett Township Resource Prioritization Maps, the Kennett Township Visual Resources Analysis, or which are located in a Rare, Threatened, Endangered (RTE) Species Site; or

B. Any tree or other vegetation determined to be of specimen quality as determined by a registered landscape architect or which generally falls within the parameters of the following table. The examples of specimen trees included in the following table are intended to provide general guidelines and examples of what constitutes a specimen tree and are not considered all inclusive for the purpose of defining a specimen tree.

Examples of Potential Specimen Trees

Steep Slope. Those areas of land where the grade is fifteen (15) percent or greater. For the purpose of this Ordinance, steep slopes are divided into two categories:

A. Moderately Steep Slopes are those areas of land where the grade is fifteen (15) percent to twenty-five (25) percent.

B. Very Steep Slopes are those areas of land where the grade is greater than twenty-five (25) percent.

Slopes shall be measured as the change in elevation over the horizontal distance between consecutive contour lines and expressed as a percent. For the purpose of application of these regulations, slope shall be measured over three (3) or more two (2) foot contour intervals (six (6) cumulative vertical feet of slope). All slope measurements shall be determined by a topographic survey signed and sealed by a registered surveyor or engineer licensed to practice in the Commonwealth of Pennsylvania.

Timber Harvesting Operation. The uprooting or removal of more than four (4) trees of six (6) inches or greater DBH per acre from any lot for the purpose of allowing or encouraging the natural regeneration or preservation of a tree stand on a lot which has a gross area prior to any subdivision or land development of more than three (3) acres and which is undertaken in compliance with an approved timber harvesting plan. The removal of dead or diseased trees shall be exempted from this standard. Forestry, as defined by the Pennsylvania Municipalities Planning Code, as amended, shall also be considered a tree harvesting operation and shall require the submittal and approval of a timber harvesting plan.

Timber Harvesting Plan. A description, by means of text and maps, of proposed actions involving the removal of trees from a tract of land. Such plan shall have been prepared by a forester with demonstrable expertise in forest management, and shall document measures to be taken to: protect water quality; minimize impacts from skid trails and logging roads, land areas, and the tree removal process; and ensure site restoration. Such plan shall be reviewed and approved by the Township Engineer.

Wetland Margin. A wetland margin is the transitional area extending from the outer limit of a wetland. Where hydric soils are present, the wetland margin shall extend to the limit of the hydric soils or to seventy-five (75) feet, whichever is less. Regardless of the presence of hydric soils, the wetland margin shall always extend at least a minimum width of twenty-five (25) feet from the edge of the wetland boundary.

Section 2. Amend ARTICLE II DEFINITIONS, Section 201, by revising the following definitions:

Hydric Soils. Any soil inventoried or described as hydric or as a soil with hydric inclusions according to the Soil Survey of Chester and Delaware Counties, Pennsylvania, or other information provided by the U.S. Soil Conservation Service (SCS). In Kennett Township, hydric soils shall include, but are not limited to:

Where site conditions indicate that the location of hydric soils or the 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. Where the Applicant seeks reclassification of hydric soils and their location, such reclassification shall be undertaken by a Certified Soil Scientist or other similarly qualified professional.

Riparian Buffer. An area of trees and other vegetation adjacent to a watercourse that forms a transition area between the aquatic and terrestrial environment. The riparian buffer is designed to intercept runoff from upland sources for the purpose of mitigating the effects of nutrients, sediment, organic matter, pesticides, or other pollutants prior to entry into surface waters. For the purposes of this Ordinance, the riparian buffer shall be divided into two (2) Zones;

A. Zone One: Inner Riparian Buffer – This zone begins at each edge (i.e. the sloping banks of the stream) of an identified watercourse and occupies a margin of land with a minimum width of twenty-five (25) feet measured horizontally on a line perpendicular to the edge of the water at the top of the defined bank, as reviewed and approved by the Township Engineer. Where very steep slopes (+25%) are located within twenty-five (25) feet of a watercourse, Zone One shall extend the entire distance of this sloped area.

B. Zone Two: Outer Riparian Buffer – This zone begins at the outer edge of Zone One and occupies a minimum width of fifty (50) feet in addition to Zone One. In cases where Zone One extends beyond twenty-five (25) feet due to the presence of very steep slopes, the width of Zone Two shall be adjusted so that the total riparian buffer width equals a seventy-five (75) foot maximum.

Watercourse. A watercourse is a channel or conveyance of surface water having defined bed and banks, whether natural or artificial, with perennial or intermittent flow. Note that this definition is more inclusive than that used by the U.S. Army Corps of Engineers.

Wetlands. Wetlands are those areas 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, ponds, lakes, and similar areas. Wetlands include all lands regulated as wetlands by the Pennsylvania Department of Environmental Protection or the U.S. Army Corps of Engineers. In the event there is a conflict between the definitions of these agencies, the more restrictive definition shall apply.

ORDINANCE NO. 130

Section 3. Amend ARTICLE XIV DESIGN STANDARDS, Section 1412, by deleting it in its entirety.

Section 4. Amend Article XIV DESIGN STANDARDS, Section 1414, by deleting it in its entirety and replacing as follows:

SECTION 1414 NATURAL RESOURCE PROTECTION STANDARDS

The following natural resource protection standards are established to protect the public health, safety, and welfare by minimizing adverse environmental impacts. These standards are intended to meet the following purposes:

1. Define and delineate selected natural resources within the Township and establish resource protection standards to assist the Township in reducing the impact proposed uses will have on the environment.

2. Conserve valuable natural resources within the Township in accordance with the following community goals of the Kennett Township Comprehensive Plan (1992), as amended:

a. Natural Resources: Conserve natural resources within the Township to preserve the values of the local and regional environment.

b. Land Use: Establish a balance between land use and the ability of the natural systems to support development.

3. Protect identified natural resources within the Township in accordance with the following goals and objectives of the Kennett Square Borough and Kennett Township Parks, Recreation, and Open Space Plan (1993), as amended.

a. Protect sensitive natural areas, including streams, flood-prone areas, woodlands, and steep slopes.

b. Continue to preserve sensitive natural areas and wildlife habitats from development by strengthening natural resource protection standards contained in each municipality’s Zoning and Subdivision and Land Development Ordinances.

c. Preserve and protect areas which are naturally unsuitable for development, especially creek valleys and steep slopes.

4. Conserve and protect natural resources within the Township and the Kennett Area Region in accordance with the following policies of the Kennett Area Region Comprehensive Plan (2000) as amended.

a. Preserve and protect areas which are naturally unsuitable for development or which provide valuable wildlife habitat, including stream valleys, steep slopes, floodplains, woodlands, wetlands, hydric soils, and hedgerows.

c. Protect regional watersheds and the quality of groundwater and streams within the Region and pursue measures to maintain and, where possible, improve water quality.

a. In the event that the provisions of this Section and the provisions of other applicable Township ordinance standards are in conflict, the more restrictive provisions shall apply.

b. In the event that two (2) or more natural resource areas identified in this Section overlap, the resources with the most restrictive standard (the least amount of permitted alteration, regrading, clearing, or building) shall apply to the area of overlap.

c. It shall be a violation of this Ordinance to regrade, fill, pipe, divert, channel, build upon, or otherwise alter or disturb a natural resource protected by this Section prior to the submission, review, and approval of:

(1) Where disturbance of a natural resource is permitted, it shall not take place until it has been determined that such disturbance is consistent with the provisions of Section 1414 and other applicable ordinance provisions.

(2) Restrictions to the disturbance of resources shall apply before, during, and after construction on a site.

d. Plan information required by Section 1414 shall be verified as correct by the Township Engineer or other qualified professional as determined by the Township Engineer.

Areas identified as being within the boundaries of the floodplain shall not be regraded, filled, built upon, channeled, or otherwise altered or disturbed except in conformance with Article XI, Flood Hazard District, of this Ordinance.

The Applicant shall delineate the limit of floodplains which are on the site, in accordance with Section 1414.C of this Ordinance.

(1) Steep slope areas shall be preserved in their natural state whenever possible. Where construction of roads, buildings, driveways, or infrastructure cannot be avoided, disturbance shall be kept to the minimum necessary and, in no case, shall it exceed the following permitted disturbance limits:

(a) Moderately Steep Slopes – No more than thirty (30) percent of moderately steep slopes shall be regraded, cleared, built upon, or otherwise altered or disturbed.

(b) Very Steep Slopes – No more than fifteen (15) percent of very steep slopes shall be regraded, cleared, built upon, or otherwise altered or disturbed. In addition, the disturbance permitted on very steep slopes shall be limited to the following activities:

i. Timber harvesting, when conducted in compliance with the required timber harvesting plan (see sub-section 7.a). Clearcutting or grubbing of trees is prohibited on very steep slopes.

ii. Grading for the minimum portion of a road or driveway necessary for access to the principal use and sewer, water, and other utility lines when it can be demonstrated that no other routing is feasible.

(2) Each building or structure shall be constructed in such a manner as to provide the least alteration necessary of the existing grade, vegetation, and natural soils condition.

(3) A grading plan shall be provided identifying the existing contours of the site, proposed finished grades, and the proposed location of all buildings and structures.

(4) Excessive cut and fill shall be avoided. New roads and improvements to existing roads should be designed within the existing contours of the land to the extent possible and strive for compatibility with the character of rural roads.

(5) Finished slopes of permitted cut and fill shall not exceed thirty-three (33) percent slope unless the applicant can demonstrate the method by which steeper slopes can be stabilized and maintained adequately.

(6) All stockpiles of earth shall be seeded or otherwise stabilized to the satisfaction of the Township Engineer when stored for more than twenty-one (21) days. Cut and fill resulting in slopes of greater than twenty-five (25) percent shall be protected with an erosion control blanket.

Page 9

(7) Any disturbance of land shall be in compliance with the erosion and sedimentation control standards of the Subdivision and Land Development Ordinance and PA DEP Title 25, Chapter 102.

(a) An erosion and sedimentation control plan and soil stabilization plan shall be submitted consistent with the requirements of the Subdivision and Land Development Ordinance.

(b) The plan shall demonstrate how soil will be protected from erosion during construction and how soil will be stabilized upon the completion of construction.

(8) Where the following information has not been previously submitted as part of a subdivision or land development plan application, such information shall be submitted to the Township with building permit, conditional use, special exception, or zoning applications, when applicable:

(a) The adequacy of access to the site for emergency vehicles shall be subject to review by the Fire Marshal or his designee. The necessary information shall be submitted by the applicant to the Fire Marshal or his designee for his review.

(b) The grading plan and erosion and sedimentation control plans described in sub-sections (3) and (7) above.

(c) For slopes of greater than twenty-five (25) percent, an architectural plan, including materials and type of foundation to be used to overcome structural problems associated with slope conditions.

The applicant shall delineate the two (2) categories of steep slopes (moderately steep, very steep) which are on the site in accordance with Section 1414.C.

(1) Any applicant proposing a use, activity, or improvement which would entail the regrading or placement of fill in wetlands shall provide the Township with proof that the Pennsylvania Department of Environmental Protection (Bureau of Dams and Waterway Safety and Bureau of Water Quality Management) and the U.S. Army Corps of Engineers have been contacted to determine the applicability of state and federal wetland regulations. The applicant shall concurrently provide to the Township a copy of the application and any other wetland information submitted to DEP and the U.S. Army Corps of Engineers.

(2) Wetlands shall not be regraded, filled, piped, diverted, channeled, built upon, or otherwise altered or disturbed except where state or federal permits have been obtained.

The Applicant shall delineate the limits of wetlands on the site in accordance with Section 1414.C. In addition, the following information shall be provided:

(1) A full wetland delineation report conducted by a qualified wetland biologist, soil scientist, or environmental professional of demonstrated qualifications shall be submitted to the Township. If there is a question as to the accuracy of the wetland delineation report, the Township may hire a qualified consultant to review the delineation and recommend revisions at the applicant’s expense.

(2) Such a professional shall certify that the methods used correctly reflect the currently accepted technical concepts, including identification and analysis of wetland vegetation, hydric soils, and hydrologic indicators. Methods used in the delineation report shall be acceptable to the Township Engineer or other qualified consultant hired by the Township.

(3) The wetland report shall include a determination of whether wetlands are present on the site and a full delineation, area measurement (in square feet), and description of any wetlands determined to be present.

With the exception of those uses or activities listed below, no more than twenty (20) percent of a wetland margin shall be regraded, filled, built upon, or otherwise altered or disturbed:

(1) Regulated activities permitted by the Commonwealth (i.e. permitted stream or wetland crossing);

(4) Vegetation management in accordance with an approved landscape plan or open space management plan; or

(5) A soil conservation project approved by the Chester County Conservation District.

The Applicant shall delineate the limits of the wetland margins on the site in accordance with Section 1414.C.

(1) Zone One – With the exception of those uses or activities listed below, no woodland disturbance or other land disturbance, shall be permitted within the Zone One Riparian Buffer:

(a) Regulated activities permitted by the Commonwealth (i.e. permitted stream or wetland crossing).

Page 12

(d) Vegetation management in accordance with an approved landscape plan or open space management plan; or

(e) A soil conservation project approved by the Chester County Conservation District.

The Applicant shall delineate watercourses and Zone One and Zone Two riparian buffers located on the site, in accordance with Section 1414.C.

(1) Specimen vegetation shall not be removed from any lot or tract except where the Applicant demonstrates to the satisfaction of the Board of Supervisors that such removal is essential to eliminate a hazardous condition(s) or otherwise permit lawful use of the lot or tract; where permitted, removal of specimen vegetation shall be minimized. Specimen trees to be retained shall be credited toward any tree replacement required by Section 517.2 of the Subdivision and Land Development Ordinance.

(a) Unless undertaken as an approved timber harvesting operation conducted in compliance with the required timber harvesting plan, no more than thirty-five (35) percent of woodlands shall be regraded, cleared, built upon, or otherwise altered or disturbed for residential uses and no more than fifty (50) percent of woodlands shall be regraded, cleared, built upon or otherwise altered or disturbed for non-residential uses.

(b) Where disturbance of existing areas of woodlands and hedgerows exceeds twenty-thousand (20,000) square feet for each principal use permitted on any lot or tract, woodland replacement shall be required consistent with the standards of Section 517.2 of the Subdivision and Land Development Ordinance. Determination of the extent of woodland disturbance shall be as described in Section 517.1.C of the Subdivision and Land Development Ordinance.

In determining where permitted woodland disturbance will occur, the following factors shall be considered:

i. The Applicant shall consider the location(s) and benefit of conservation of healthy mature woodland stands.

ii. Each building or structure shall be constructed in such a manner as to provide the least alteration or disturbance necessary of the existing woodland. Where possible, clearcutting shall be minimized and trees shall be selectively removed.

iii. Where possible, the remaining undisturbed woodlands and other vegetation shall interconnect with woodlands or wooded areas of adjacent properties 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 ten (10) acres in area.

Woodlands, hedgerows, individual trees, and other vegetation that are to remain on the site shall be identified on the plan and protected in accordance with the provisions of Section 517.1.E of the Subdivision and Land Development Ordinance. In addition:

i Preserved woodlands and hedgerows may be used to provide the vegetative screens and buffers required by Section 1405 of this Ordinance. Where necessary to meet the intent and minimum standards of Section 1405, additional planting may be required to supplement existing vegetation.

ii Provisions for the long-term management of woodland areas not subject to woodland disturbance shall be consistent with the “Woodland Management Planning” requirements of Section 517.3 of the Subdivision Ordinance.

The applicant shall delineate or identify the limits of woodlands, hedgerows, or specimen vegetation on the site in accordance with Section 1414.C. Where vegetation on the site is to be preserved, it shall be clearly delineated on the plan as areas to be protected.

To ensure compliance with the natural resource protection standards of this Section, the following information shall be submitted by the Applicant when applying for a zoning or building permit, conditional use or special exception approval, zoning variance, or subdivision and land development approval where land disturbance is contemplated. In those cases where only a limited amount of the site will be subject to disturbance, the Zoning Officer may determine the area

of land required to be shown on the plan information that will adequately demonstrate compliance with the natural resource protection standards of this Section. Where less than the entire site is to be shown on the plan, the application shall be accompanied by a written explanation from the applicant as to why it is not necessary to include the entire site with the plan information.

a. A site plan which identifies the limits of all natural resources on the site, including areas of woodlands or other vegetation to be preserved, and the proposed use of the site, including any existing or proposed structures.

b. The limits of all encroachments and disturbances necessary to establish the proposed use on the site, including a grading plan showing existing and proposed contours.

c. The minimum buildable area(s) and areas reserved for on-lot sewage systems, as described in sub-section 2 below.

d. Calculations indicating the area of the site with natural resources and the area of natural resources that would be disturbed or encroached upon. The calculations shall be shown on the plan as indicated in the following Table:

Site Disturbance Calculations

* Where resources overlap, the overlapping area should be included under the more restrictive resource category (i.e. where woodlands overlap with wetlands, include the area of overlap in the wetlands category).

** Disturbance allowances may be modified where federal or state permits have been obtained by the Applicant and provided to the Township.

d. The figures in Column D (Proposed Disturbance) must be less than or equal to the figures in Column C (Maximum Amount of Permitted Disturbance).

The identification of a minimum buildable area serves to ensure that sufficient area is provided for the general location of the building, driveway, patio, on-lot sewage facilities (where applicable) and other necessary improvements and site alterations while meeting the natural resource protection standards and minimum setback requirements of this Ordinance.

The applicant shall delineate on the plan a contiguous buildable area, free of protected resources, sufficient in size to accommodate proposed site improvements and which complies with the maximum disturbance requirements of this Section and other applicable codes and ordinances.

For uses with individual on-lot sewage systems, a two-thousand (2,000) square foot or larger area, in addition to minimum buildable areas specified in sub-section b above, shall be identified. Where required by Section 508.3 of the Subdivision and Land Development Ordinance, a two-thousand (2,000) square foot reserve or replacement area shall also be identified. Such area(s) shall not include the portion of those environmentally sensitive areas that may not be developed or intruded upon as specified in Section 1414.B.

To ensure the continued protection of identified natural resources, the following requirements shall apply:

1. For resource protected areas on individual lots, restrictions meeting Township specifications shall be placed in deeds for each site or lot that has resource protection areas within its boundaries.

2. Deeds shall clearly state that the maintenance responsibility lies with the individual property owner. The restrictions shall provide for the continuance of the resource protection areas in accordance with the provisions of this Ordinance.

3. Other mechanisms for ensuring the continued protection of identified resources, such as conservation easements, may also be considered and used if approved by the Township.

1. For resource protected areas held in common, the provisions of Section 1505 (Standards for Ownership of Restricted Open Space) and Section 1506 (Open Space Management Provisions) shall apply.

2. In addition to the provisions of Sections 1505 and 1506, restrictions meeting Township specifications shall be placed on the natural area to be held in common.

3. The party or organization responsible for the maintenance of the natural area shall be clearly identified in the deed. The restrictions shall provide for the continuance of the resource protected areas in accordance with the provisions of this Ordinance.

All applicable plans and deeds shall include the following wording: “Any structures, infrastructure, utilities, sewage disposal systems, or other proposed land disturbance indicated on the approved final plan shall only occur at the locations shown on the plan. Changes to such locations shall be subject to additional review and re-approval in accordance with the provisions of Section 1414 of the Kennett Township Zoning Ordinance.”

Section 5. Amend ARTICLE XV AREA AND BULK REGULATIONS, Section 1503.C.3.b by deleting it in its entirety and replacing as follows:

a. For apartment dwellings, condominiums, and any other dwelling units not provided with individual lots, maximum impervious coverage shall be limited to forty (40) percent of the gross land area devoted to such dwellings. The gross land area used to satisfy this limitation shall be indicated on submitted plans; shall constitute a single contiguous land area including buildings, parking access, and yard areas clearly associated with and in the immediate vicinity of the subject residential development; and shall not include any land area that is counted toward meeting minimum restricted open space requirements nor any coverage nor yard area requirements for any other dwelling unit(s) or other permitted use(s).

b. For dwelling units provided with individual lots and any lots or parcels devoted to open space or any other permitted use, maximum impervious coverage shall be calculated on a lot by lot basis in accordance with the following formula:

Examples:

Proposed lot area = 7,000 square feet

Maximum Impervious Coverage = 320 x (7,000)^0.3 = 4,557 square feet

Proposed lot area = 20,000 square feet

Maximum Impervious Coverage = 320 x (20,000)^0.3 = 6,244 square feet

However, regardless of the results of the formula, the highest value permitted for maximum impervious coverage for any lot shall be seventy (70) percent and the lowest value required for maximum impervious coverage for any lot shall be five (5) percent.

Species	Min.Size (DBH)	Species	Min.Size (DBH)	Species	Min. Size (DBH)
Apple	24”	Locust	30”	Sassafras	20”
Ash	32”	Maple	32”	Sycamore	36”
Beech	32”	Oak	32”	Tulip Poplar	36”
Cherry	24”	Osage Orange	20”	Walnut	30”
Elm	30”	Pine	30”	Hickory	32”
Hemlock	30”	Spruce	30”

Protected Resource*	A Amount of Land In Protected Resource (sq.ft.)	B Maximum Disturbance Allowance (percent)**	C Maximum Amount Of Permitted Disturbance (sq.ft.)	D Proposed Disturbance of Resource (sq.ft.)
Floodplain		0%
Steep Slopes
Moderately Steep		30%
Very Steep		15%
Wetlands		0%
Wetland Margins		20%
Riparian Buffers
Zone 1 Buffer		0%
Zone 2 Buffer		20%
Woodlands
Residential Uses		35%
Non-Residential Uses		50%
TOTAL

AN ORDINANCE OF KENNETT TOWNSHIP, CHESTER COUNTY, PA AMENDING THE ZONING ORDINANCE OF KENNETT TOWNSHIP, ORDINANCE NO. 50, AS AMENDED, BY ADDING DEFINITIONS AND STANDARDS FOR NATURAL RESOURCE PROTECTION

Examples of Potential Specimen Trees

Walnut

ORDINANCE NO. 130

SECTION 1414 NATURAL RESOURCE PROTECTION STANDARDS

Page 9

Page 12

Site Disturbance Calculations