ORDINANCE NO

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

The Board of Supervisors of Kennett Township HEREBY ENACTS AND ORDAINS that the Zoning Ordinance, Ordinance No. 50, be amended further as follows:

SECTION 1. Amend ARTICLE II, Section 201 Definition of terms, by adding the following definitions:

Heritage Tree. Any tree greater than forty-eight (48) inches dbh shall be considered a Heritage Tree regardless of species. In addition, certain tree species shall be considered Heritage Trees at smaller sizes as set forth in Appendix A[1] of this Ordinance. In the context of a subdivision or land development review or in consideration of any application for approval of special exception variance, or conditional use, and upon the recommendation of a qualified forester or equivalent professional, the Township may designate as additional Heritage Trees any tree or other plant selected as uniquely representative of a class or group in terms of size, shape, form, age, historical importance, scenic qualities, visual prominence or other characteristics. Trees or other plants determined to be dead or diseased or in any manner constituting a safety hazard shall not be considered Heritage Trees.

Riparian Corridor. A linear open space network along the streams of Kennett Township and their tributaries intended to provide protective buffers to the streams for water quality, flood management, and wildlife habitat purposes, and so designated on the “Woodland & Riparian Corridors Plan,” incorporated into this Ordinance as an addendum to the Zoning Map of Kennett Township. “Riparian Buffers” are separately defined and regulated under the ordinances of Kennett Township and may or may not coincide with Riparian Corridors.

Woodland and Riparian Corridors Plan. The Woodland & Riparian Corridors Plan is graphically portrayed as a map indicating the locations of woodland and riparian corridors planned for conservation and/or reforestation. The Woodland and Riparian Corridors Plan shall be considered an addendum to the Zoning Map of Kennett Township and is incorporated into this Ordinance and made a part hereof.

Woodland Classification Map. The Woodland Classification Map designates the locations of all woodlands classified as Class I, Class II or Class III Woodlands, and shows the locations of areas identified as Forest Interior Habitat. The Woodland Classification Map shall be considered an addendum to the Zoning Map of Kennett Township and is incorporated into this Ordinance and made a part hereof. Where specific application of the definition of Forest Interior Habitat results in variation from mapping as indicated on the Woodland Classification Map, application of said definition shall supercede.

Woodland Corridor. A linear open space network characterized by continuous woodland cover intended to provide habitat and safe passage for forest wildlife across Kennett Township, and so designated on any plan or map as may be adopted by the Board of Supervisors as an addendum to the Zoning Map of Kennett Township.

SECTION 2. Delete Section 1414 B (1) in its’ entirety and replace with the following:

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

(b) In the event that two or more natural resource areas identified in this Article 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 Article prior to the submission, review, and approval of:

[6] Any other applicable permit or approval required by the Township that would involve disturbance of natural resources protected in this Article.

(d) 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 this Article and other applicable ordinance provisions.

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

(f) Plan information required by this Article shall be verified as correct by the Township Engineer or other qualified professional as determined by the Township Engineer.

SECTION 3. Delete Section B (7) in its’ entirety and replace with the following:

[1] Specimen vegetation, including Heritage Trees, shall not be removed from any lot or tract except where such removal is essential to eliminate a hazardous condition(s). Specimen trees and Heritage Trees to be retained shall be credited toward any tree replacement required by Section 517.B, “Required Vegetation Replacement” of the Subdivision and Land Development Ordinance.

[a] Notwithstanding the provisions of this Article, selective harvesting of timber shall be permitted where undertaken in compliance with a timber harvesting plan prepared by a qualified forester or equivalent professional and submitted to the Township prior to commencement of any timber harvesting operation. Clearcutting of any woodland area shall be prohibited except to the minimum extent necessary to permit the implementation of an approved land development or building permit in conformance with this section. Except for approved timber harvesting as provided above, all woodland disturbance shall be subject to the following total disturbance limitations, regardless of calculation of disturbance allowances for purposes of determining replacement planting requirements:

[i] Permitted woodland disturbance on any lot or tract shall not exceed fifteen (15) percent of any area designated Class I or Class II Woodland on the Kennett Township Woodland Classification Map, nor any woodland within a designated Woodland Corridor or Riparian Corridor except that within the BP, C, LI, or R-4 Zoning Districts, such permitted disturbance may be increased to no more than forty (40) percent.

[ii] Outside of areas designated as Woodland Corridor or Riparian Corridor, permitted woodland disturbance on any lot or tract shall not exceed twenty-five (25) percent of any Class III Woodland or any other unclassified woodlands or hedgerow(s). This limitation shall not apply within the BP, C, LI, or R-4 Zoning Districts.

[iii] Permitted woodland disturbance on any lot or tract shall not exceed ten (10) percent of any area designated as Forest Interior Habitat on the Kennett Township Woodland Classification Map.

[iv] Disturbance limitations shall be measured based on the extent of the subject woodland classification at the time of first submission of applicable application(s) after the adoption of this Section and shall be indicated on applicable plan(s). Any disturbance limitation shall run with the land, once established. Subsequent applications shall be subject to the initial determination of disturbance limitations, regardless of intervening disturbance which may have occurred. If, at any time within three (3) years prior to an applicable application, there had existed a greater extent of woodland, such greater area shall be utilized to calculate the extent of woodland disturbance and the limitations set forth herein.

[b] Where disturbance to existing areas of woodlands and hedgerows exceeds any of the standards set forth in Section 517.A(3), “Limitations to Disturbance,” of the Subdivision and Land Development Ordinance, woodland replacement shall be required consistent with the standards of Section 517.B the “Required Vegetation Replacement” section of said Ordinance. Determination of the extent of woodland disturbance shall be as described in said Section 517.A(3).

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 and the classification of the woodland as shown on the Kennett Township Woodland Classification Map.

[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. Clearcutting shall be minimized and trees shall be selectively removed.

[iii] In each situation where the standards of this Section are applied, consideration shall be given to balancing the benefits of woodland preservation with other valuable resources on the site, including scenic views. The Township shall not unreasonably restrict woodland disturbance where limited disturbance may permit siting of buildings in less visually obtrusive areas of the tract.

[iv] 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 from land disturbance and construction activities in accordance with the tree protection provisions of Section 517.A(5) 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.C of the Subdivision and Land Development Ordinance.

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

SECTION 4. Delete Section B 8 in its’ entirety and replace with the following:

[8] In Class I woodlands, at least fifty (50) percent of the forest canopy shall remain in good condition after the completion of any timber harvesting operation. Remaining canopy trees shall be well distributed throughout the area subject to the timber harvesting operation. At least fifty (50) percent of such remaining canopy trees shall be comprised of higher value species as determined by the Township forester. Where any portion of a Class II woodland occurs within a Zone Two Riparian Buffer, in such portion of the Class II woodland, at least sixty (60) percent of the forest canopy shall remain in good condition after the completion of any timber harvesting operation, with such remaining trees well distributed and at least sixty (60) percent thereof comprised of higher value species as determined by the Township forester.

Replace the “Site Disturbance Calculations” table in Section 1414.C(1)(d) with the following table.

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***
Woodlands within a Forest Interior Habitat		10%
Class I or II Woodlands or any woodlands within a Woodland or Riparian Corridor not located in BP, C, LI, or R-4 district		15%
Class III or other unclassified woodlands not located in BP, C, LI, or R-4 district		25%
Class I or II Woodlands or any woodlands within a Woodland or Riparian Corridor located in BP, C, LI, or R-4		40%
Class III or other unclassified woodlands not otherwise protected above when such woodlands are located in BP, C, LI, or R-4		100%
Total

* Where a 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.

(6) In consideration of approval of any development utilizing an Open Space Design option, the Township may require that the applicant demonstrate maximum practicable conservation of Class I and Class II Woodlands and any area of Forest Interior Habitat as designated on the Kennett Township Woodland Classification Map, as well as any woodlands located within a designated Woodland Corridor or Riparian Corridor. The Township also may require reforestation of non-wooded open space within any Woodland Corridor or Riparian Corridor. In support of such conservation and/or reforestation, the applicant shall incorporate appropriate long-term conservation and woodland management provisions within the required Open Space Management Plan, including provision for re-forestation where deemed appropriate by the Township.

LIST OF SELECTED HERITAGE TREES

The following list indicates the size measured at dbh at which selected species shall be considered heritage trees:

Woodlands within a Forest Interior Habitat

Class I or II Woodlands or any woodlands within a Woodland or Riparian Corridor not located in BP, C, LI, or R-4 district

Class III or other unclassified woodlands not located in BP, C, LI, or R-4 district

Class I or II Woodlands or any woodlands within a Woodland or Riparian Corridor located in BP, C, LI, or R-4

Class III or other unclassified woodlands not otherwise protected above when such woodlands are located in BP, C, LI, or R-4

Total

LIST OF SELECTED HERITAGE TREES

Tree, Botanical Name Common Name dbh in Inches

ENACTED AND ORDAINED this 21st day of November, 2005