Caln Township City Zoning Code
ARTICLE V
Conservation Overlay Districts
§ 155-33 Statement of intent.
A.
The purpose and objective of the Conservation Overlay Districts is to implement the goals, objectives and policies of the Caln Township Comprehensive Plan which pertain to conservation management, environmental resource protection, natural resources and open space preservation. In order to strategically implement theses goals, objectives and policies, the following Conservation Overlay Districts are hereby established:
[Amended 7-13-2017 by Ord. No. 2017-02]
B.
The Conservation Overlay Districts incorporated under this article include provisions to supplement and enhance the existing underlying district regulations for certain land areas and water features. These supplemental regulations should not replace the existing underlying zoning district regulations. In cases where the Conservation Overlay Districts should overlap, the more restrictive standards and specifications shall apply.
C.
The land and water areas encompassed by the Conservation Overlay Districts shall be subject to the interpretation of the Zoning Officer.
D.
Should a dispute arise concerning the interpretation of the boundaries or limits of those land or water areas encompassed by the Conservation Overlay Districts, the person aggrieved by the interpretation may file an appeal with the Zoning Hearing Board. In all cases, the burden of proof and submission of technical evidence shall be the responsibility of the person appealing the interpretation of the Zoning Officer.
§ 155-34 (Reserved) [1]
§ 155-35 Wetlands and Hydric Soil Overlay District.
A.
The Wetlands and Hydric Soil Overlay District shall be a conservation overlay to the underlying zoning districts of Caln Township. The purpose and objective of the Wetlands and Hydric Soil Overlay District Overlay District is outlined as follows:
(1)
To direct growth, development and revitalization efforts by considering environmentally sensitive land areas.
(2)
To achieve and sustain a high quality natural resource system and to protect a natural diversity of ecosystems.
(3)
To provide aquatic habitats, which are essential breeding, rearing and feeding grounds for many species of fish, plants and other wildlife.
(4)
To develop a protective zone to serve as a natural filter in the removing of pollutants such as bacteria, acid and sediment from groundwater and surface water.
(5)
To implement an effective hydrological and stormwater management program that adequately addresses surface drainage, groundwater recharge and soil erosion control measures
(6)
To implement best management practices.
(7)
To implement the recommendations concerning natural features, conservation management and land use, as outlined within the Caln Township Comprehensive Plan.
B.
The Wetlands and Hydric Soil Overlay District shall include the following land and water features:
(1)
All areas delineated as wetlands on the most recent National Wetlands Inventory Maps as prepared by the United States Fish and Wildlife Service.
(2)
All areas delineated as wetlands by a qualified professional or soil scientist with experience in delineating wetlands.
(3)
All areas delineated as wetlands by the United States Army Corps of Engineers, as part of a jurisdictional determination.
(4)
All areas encompassed by hydric soils, as defined and mapped by the United States Department of Agriculture, National Resources Conservation Service.
(5)
All areas encompassed by high water table soils with hydric characteristics, as defined and mapped by the United States Department of Agriculture, National Resources Conservation Service.
(6)
A map of the Wetlands and Hydric Soil Overlay District is attached as Exhibit A-3 of the appendix for reference.[1]
[Added 4-24-2008 by Ord. No. 2008-6]
[1]
Editor's Note: Said map is included as an attachment to this chapter.
C.
All uses permitted within the underlying zoning districts shall be permitted as part of the Wetlands and Hydric Soil Overlay District, provided that the land area intended to facilitate the proposed use and related site improvements has not been delineated as a wetlands area by the United States Army Corps of Engineers, the Pennsylvania Department of Environmental Protection, the Chester County Conservation District or by a qualified professional or soil scientist with experience in delineating wetlands.
D.
For all areas that have been delineated as a wetlands area, the following provisions and restrictions shall apply:
[Amended 12-17-2007 by Ord. No. 2007-15]
(1)
If a jurisdictional determination has been approved by the United States Army Corps of Engineers, a twenty-five-foot buffer zone shall be applied to all areas that have been delineated as wetlands, as measured from the perimeter of the wetlands area. Within this twenty-five-foot buffer zone, no earth disturbance activities or improvements shall be permitted unless approved by the Zoning Hearing Board as a special exception pursuant to the provisions of this § 155-35 and § 155-171 of this chapter.
(2)
If a jurisdictional determination has not been approved by the United States Army Corps of Engineers, a fifty-foot buffer zone shall be applied to all areas that have been delineated as wetlands, as measured from the perimeter of the wetlands area. Within this fifty-foot buffer zone, no earth disturbance activities or improvements shall be permitted unless it has been approved by the Zoning Hearing Board as a special exception pursuant to the provisions of this § 155-35 and § 155-171 of this chapter.
(3)
The Caln Township Engineer shall review all of the plans, drawings, and documents relating to any encroachments or planned earth disturbance activities in areas delineated as wetlands, including any jurisdictional determination approved by the United States Army Corps of Engineers. and he shall report his findings to the Zoning Hearing Board and if necessary attend the zoning hearing to present his findings and recommendations.
E.
Application for special exception.
[Added 12-17-2007 by Ord. No. 2007-15[2]]
(2)
Applications filed with the Zoning Hearing Board shall contain the basis upon which the application is sought and a description of the relief sought. Plans submitted shall be prepared by a licensed professional engineer and shall include, at a minimum, the following information:
(a)
Location of streams, creeks, watercourses, ponds, lakes and other water resources on the property to be developed.
(b)
The plans must be drawn to scale and show the nature, location, dimensions and elevations of the lot and existing and proposed uses, together with photographs or drawings showing the existing uses and vegetation within the required buffer zone.
(c)
Profile showing the slope of the bottom of the stream, creek, watercourse, lake, pond or other water resource, together with the elevation of the adjoining land areas that are proposed for the earth disturbance activities or development.
(d)
Any additional information that the applicant or Township Engineer deems relevant and necessary to evaluate the special exception application.
(3)
In addition to the criteria and standards set forth in § 155-171 of this chapter, the following criteria shall be considered by the Zoning Hearing Board in rendering a decision on a special exception application:
(a)
That the application is for good and sufficient cause.
(b)
The danger that the proposed earth disturbance activities or development will have upon the wetlands, the ecosystems and the aquatic habitats which may live in the wetlands.
(c)
That there are no alternative locations for the proposed earth disturbance activities or development outside of the buffer zone.
(d)
Whether any modifications to the plans or conditions of approval would achieve the purposes and objectives of Section 155-35A.
(e)
Whether the proposed development is consistent with the Township's Comprehensive Plan.
(f)
Whether the strict application of the ordinance would deny the applicant a reasonable use of the property or otherwise render the property unusable or unsalable for development.
(g)
Evidence that all other necessary governmental permits such as those required by state or federal laws have been obtained or will be obtained prior to land development approval or, in the case where land development approval is not needed, prior to building permit approval. If such permits have not been obtained, the Zoning Hearing Board may impose it as a condition of special exception approval that all permits be obtained prior to the issuance of any permit necessary for the earth disturbance.
(h)
Such other factors as are relevant to the purposes of this chapter.
F.
No on-lot sewage disposal system shall be located within any area of the Wetlands and Hydric Soil Overlay District.
G.
Unless otherwise required by Caln Township, a wetlands delineation shall be conducted for all areas in which earth disturbance activities or improvements are proposed within the Wetlands and Hydric Soil Overlay District.
§ 155-36 Steep Slope Overlay District.
[Amended 9-29-2005 by Ord. No. 2005-12]
A.
Purposes. The purposes of this section are to:
(1)
Promote the public health, safety and welfare by the protection of steep slope areas and by encouraging the retention of open space located and designed so as to constitute a harmonious and appropriate part of the physical development of Caln Township.
(2)
Permit only those uses of steep slope areas which are compatible with the conservation of natural conditions and natural vegetation and which maintain stable soil conditions by minimizing disturbances to vegetative ground covers and by restricting the regrading of steep slope areas.
(3)
Limit soil erosion and the resultant destruction of land, siltation of streams and damage to the property of individuals.
(4)
Protect low-lying areas from flooding by limiting the increase in stormwater runoff caused by grading of sloped areas, changes of ground cover or the erection of structures.
(5)
Maintain the ecological integrity and habitat value of steeply sloped areas, i.e., indigenous vegetation and wildlife, which could be adversely affected by otherwise permitted disturbances.
(6)
Allow the continuing replenishment of groundwater resources and the maintenance of springs.
B. STEEP SLOPES VERY STEEP SLOPES
Definitions. As used in this section, the following terms shall have the meanings indicated below:
Those areas which have a range of slope of 15% or greater but less than 20% in predevelopment condition.
Those areas which have a range of slope 20% or greater in predevelopment condition.
C.
Rules for interpretation of steep slopes and very steep slopes:
(1)
The Steep Slope Overlay District is comprised of areas of steep slopes and very steep slopes, as shown on the map entitled "Topography Map of Caln Township" which is attached hereto and made a part of this chapter. Such map shall be referred to as the Steep Slope Overlay District Map. The Steep Slope Overlay District Map constitutes only a general representation of steep and very steep slopes, based on the analysis of the contours displayed on the United States Geological Survey (USGS) Quadrangles for Downingtown and Coatesville, Pennsylvania. As such, refined mapping will be required to more accurately define the district, as specified in § 155-36C(3) below.
(2)
The Steep Slope Overlay District shall be considered as an overlay to the Caln Township Zoning Map subject to the following:
(a)
The Steep Slope Overlay District shall have no effect on the permitted uses in the underlying zoning district, except to the extent provided for in § 155-36F.
(b)
Should the Steep Slope Overlay District boundaries be revised as a result of judicial decision, the zoning requirements applicable to the area in question shall revert to the requirements of the underlying zoning district(s) without consideration of this section.
(3)
Interpretation of district boundaries.
(a)
The Steep Slope Overlay District Map shall be used as a general guide for determining the boundaries of the district. In any application for subdivision and/or land development, the applicant shall, using two-foot contours, delineate steep slopes and very steep slopes. Further, the applicant shall use an actual field topographic survey as the source of contour information and the basis for depicting such slope categories which shall be differentiated with separate symbols and legend. However, these regulations shall only apply in the following cases:
[1]
In the case of a subdivision and/or land development, where two-foot contours shall be shown, the representative sample of a steep slope or very steep slope shall be based on a cumulative change in grade of six feet or more. Therefore, all steep slope and very steep slope areas shall be shown, but only those occurring over three consecutive contour intervals will invoke the use restrictions herein.
(b)
Once delineated, the mapping submitted by the applicant will be reviewed by the Township Engineer. The applicant will be required to follow all regulations of this section for those areas which reflect steep slope and very steep slope conditions as determined through the Township Engineer's review.
D.
Plan requirements for steep slopes. Where any site has located on it the existence of steep slopes or very steep slopes, the applicant shall supply the following information at the time of application for subdivision and land development approval or a building permit application:
(1)
Subdivision or development plan application. The following information shall be provided:
(a)
A site plan of the property indicating the existing grades with contour lines at two-foot intervals and proposed grades within the areas of the proposed construction.
(b)
A landscaping plan indicating proposed paved areas, storm drainage facilities, retaining walls and ground cover, together with trees and ornamental shrub locations.
(c)
A soil erosion and sedimentation control plan showing how disturbed ground areas will be protected during construction and how disturbed ground areas will be permanently stabilized. All soil erosion and sedimentation control measures shall follow the requirements of the Pennsylvania Department of Environmental Protection, Erosion and Sedimentation Control Manual, latest edition.
(d)
A plan profile and typical cross sections of the entrance drive and the proposed public street providing access to such drive.
(e)
A plan for on-site sewage disposal facilities, if connection to a public sanitary sewer system is not contemplated.
(2)
Building permit application. In addition to the above information, the following additional information shall be provided:
(a)
Architectural plans, elevations and sections for all permitted buildings, structures or construction, accompanied by a drainage plan and a soil erosion and sedimentation control plan.
(b)
A statement prepared, signed and sealed by a registered architect or a licensed civil or structural engineer describing in detail the building methods to be used in overcoming foundation and other structural problems created by slope conditions, how the natural slopes and watershed will be preserved substantially undisturbed, the method proposed to prevent soil erosion, and details of how overland stormwater runoff and groundwater will be diverted away from all building areas below finished grade.
E.
Limitation of construction on steep slopes. The construction, erection and development of buildings or structures on steep slopes shall be subject to the following limitations:
F.
Permitted uses on very steep slopes. The uses permitted on very steep slopes shall be limited to the following:
(1)
Open space reserved as part of a land development so long as no more than 25% of the open space has a slope greater than 25%.
(2)
Wildlife sanctuary, woodland preserve, arboretum (exclusive of buildings or structures) and recreation areas (exclusive of buildings or structures).
(3)
Tree farming, forestry and other agricultural uses (exclusive of buildings or structures) when conducted according to conservation measures approved by the Soil Conservation Service.
G.
Restriction of construction and uses on very steep slopes.
(1)
That portion of any site, parcel or lot that is within very steep slopes shall not be included in the calculation of net lot area, with the following limitation: very steep slopes need not be netted out in the calculation of net lot area if the minimum net lot area (without reference to steep slopes) is increased to 133% of the minimum lot size required by the underlying base zoning district regulations.
(2)
The total amount of impervious surface that may be installed or maintained shall not exceed 70% of the maximum amount of impervious surface permitted in the underlying base zoning district. The percent of maximum impervious coverage referred to above shall be calculated on the total lot area as increased in accordance with the requirements of Subsection G(1) above.
(3)
Unless permitted by special exception pursuant to Subsection H below, or permitted by conditional use pursuant to Subsection L below, there shall be no erection or construction of any building, structure, road, driveway, parking area or other similar structure or impervious surface on very steep slopes.
[Amended 8-9-2012 by Ord. No. 2012-03]
(4)
The allowable disturbance of all very steep slopes on the entire tract shall be a maximum of 50%.
H.
Special exception uses on very steep slopes. The following uses shall be permitted on very steep slopes by special exception when authorized by the Zoning Hearing Board, subject to the requirements of this section. In addition to the criteria contained in § 155-171, the Zoning Hearing Board shall consider the extent to which the requested use will disrupt the stability of soils and natural vegetation and contribute to soil erosion before and after construction or installation of the permitted use. The Zoning Hearing Board shall attach such reasonable conditions as it determines necessary and reasonable in furthering the intent and purpose of this section. The uses which shall be permitted on very steep slopes by special exception shall be as follows:
(1)
Sealed public water supply wells that have been approved by all regulatory agencies having jurisdiction.
(2)
Stormwater detention basins.
(3)
Sanitary or storm sewers that have been approved by all regulatory agencies having jurisdiction.
(4)
Access roads suitable for passage or emergency vehicles in the event of fire or accident. Such road shall be constructed only when no viable alternative for emergency access exists, provided that all requirements of applicable codes and ordinances are met, and subject to approval by all regulatory authorities having jurisdiction.
(5)
One primary road which is designed and intended to serve as an access road to a subdivision or a driveway which is designated and intended to serve as sole access to a lot therein, provided that there is no other feasible way to design access to the property without crossing very steep slopes. The criteria for construction of a public or private street or driveway on very steep slopes is as follows:
(a)
Such street or driveway shall be proposed for construction only when no viable alternative for access exists. The burden shall be upon the applicant to show that no other alternative exists.
(b)
The proposed road or driveway shall be placed as close to the natural contour of the land in order to minimize cutting and filling.
(c)
The construction standards and specifications of the proposed street(s) shall comply with the standards and specifications of §§ 137-35 through 137-43 of Chapter 137 of the Caln Code (the Subdivision and Land Development Ordinance), and the construction standards and specifications of the proposed driveway(s) shall comply with the standards and specifications of the Caln Township Driveway Ordinance, Ordinance No. 2002-2, enacted on April 25, 2002.[1]
(d)
The proposed street shall be designed to preclude direct discharge of stormwater into a watercourse without natural filtration provided by a filtration bed and/or detention basin sized in accordance with accepted design criteria for stormwater management.
(e)
The construction of the proposed street or driveway shall be preceded by the installation of the proposed storm drainage and soil erosion and sedimentation control measures.
(f)
Criteria for compaction and stabilization of cutting and filling areas shall be proposed by the applicant. Such criteria shall be in accordance with acceptable engineering standards and shall be subject to approval of the Township Engineer.
I.
Nonconformities. If the imposition of the regulations set forth in this section results in any existing lot becoming nonconforming in terms of area requirements, such lot may not be subdivided but may be developed despite these regulations, provided that compliance is had with § 155-36D(1) and (2), E and G(2) and (4).
J.
Standards for approval of development.
(1)
The Board of Commissioners shall consider the following criteria before approving any uses on steep slopes and very steep slopes and the Zoning Hearing Board shall consider the following criteria before approving any of the uses which are permitted by special exception in Subsection H of this § 155-36 on very steep slopes:
(2)
The applicant shall provide evidence that:
(a)
The Steep Slope Overlay District is being proposed for development since no other alternative location is feasible or practical on the basis of access, topography or other physical design considerations.
(b)
Earthmoving activities and vegetation removal will be conducted only to the extent necessary to accommodate proposed uses and structures and in a manner that will not cause excessive surface water runoff, soil erosion, sedimentation and unstable soil conditions. Further, it shall be demonstrated that any and all reasonable mitigation techniques and procedures will be utilized or have been considered in the preparation of the subdivision and/or land development plan.
(c)
Proposed buildings and structures are of sound engineering design, and footings are designed in response to the site's slope, soil and bedrock characteristics and, where applicable, shall extend to stable soil and/or bedrock.
K.
Liability. Neither the approval nor the granting of any construction permit, subdivision or land development approval or site development plan involving any land governed by the provisions of this section by an officer, employee or agency of the Township or its officers, officials, employees or agencies shall create liability upon or provide a cause of action against the Township, its officers, agencies, agents or employees for any damage that may result pursuant thereto.
L.
Solar energy production facility. Notwithstanding any other limitation in this chapter, a solar energy production facility, along with its accessory uses, shall be permitted on steep and very steep slopes in the I Institutional District if approved by conditional use of the Board of Commissioners and compliance with the criteria set forth in § 155-98. Pruning and/or topping of trees located on the subject property so as to prevent shading of solar panels making up a solar energy production facility shall be permitted within the steep and very steep slopes of a solar energy production facility if approved as part of the conditional use application. In addition, an access road/driveway of a solar energy production facility shall be permitted within very steep slopes, provided that it is no more than 16 feet in width and the cumulative total length does not exceed 1,000 lineal feet.
[Added 8-9-2012 by Ord. No. 2012-03]
§ 155-37 Woodland Protection and Management Overlay District.
A.
The Woodland Protection and Management Overlay District shall be a conservation overlay to the underlying zoning districts of Caln Township. The purpose and objective of the Woodland Protection and Management Overlay District is outlined as follows:
(1)
To protect areas classified as woodlands from inappropriate subdivision, land development and conservation management activities.
(2)
To acknowledge that woodlands are a vital resource and provide a number of community benefits, including: minimizing erosion on areas of steep slopes and streambanks; improving groundwater quality and quantity by filtering out pollution and sediment; providing wildlife habitats for plants and animals; providing effective stormwater management and erosion control; providing shade from direct sunlight and reduces temperatures; stabilizing adverse climate conditions by providing buffer and wind breaks; providing active and passive recreation opportunities; enhancing the scenic characteristics; and reducing air pollution by absorbing airborne pollutants.
(3)
To establish forestry and timber regulations that will effectively promote good forest stewardship, protect the rights of adjoining property owners and minimize the potential of adverse environmental impacts created by inappropriate timber harvesting.
(4)
To minimize the clear cutting of woodlands and other earth disturbance activities which may create adverse environmental and ecological impacts.
(5)
To implement the recommendations concerning natural features, conservation management and land use, as outlined within the Caln Township Comprehensive Plan.
B.
The Woodland Protection and Management Overlay District shall include the following activities:
(1)
Woodland extraction and tree replacement provisions, which apply to all subdivision and land development activities, subject to § 155-37.1 of the Caln Township Code.
(2)
Forestry, timber harvesting, tree harvesting and logging regulations, which apply to all operations involved with the cutting down of trees and removal of logs from woodlands or forests for the primary purpose of sale and commercial processing into wood products, subject to § 155-37.2 of the Caln Township Code.
§ 155-37.1 Woodland extraction and replacement.
A.
Woodland extraction shall be permitted within all underlying zoning districts, provided it is conducted in a manner to facilitate all necessary site improvements, as identified on an approved subdivision plan, land development plan, erosion and sedimentation control plan and/or building permit. For the purposes of this Code, "woodland extraction" is hereby defined as the clear cutting or removal of mature trees, as measured six inches or more in caliper, to provide area for improvements on an individual lot or parcel of land, as the mature trees exist in predevelopment conditions.
B.
The following provisions shall apply to all lots or parcels, regardless of their size, whereas woodland extraction measures are proposed on at least 20% but less than 40% of the lot or parcel, as the mature trees exist in predevelopment conditions:
(1)
The removal of mature trees and other significant vegetation shall be mitigated by the replacement of two trees per lot or parcel. At least one tree shall be considered as a street tree, with a minimum caliper of three inches and located 10 feet from the street right-of-way line. The other tree shall have a minimum caliper of three inches and be shall planted within the internal area of each lot or parcel.
(2)
For areas designated as common open space or utility parcels, the removal of mature trees and other significant vegetation shall be mitigated by the replacement of five trees per acre. Where feasible, street trees should be incorporated into the landscaping design. All street trees shall have a minimum caliper of three inches and located at least 10 feet from the street right-of-way line. The other trees shall have a minimum caliper of three inches and be shall planted within the internal area of the common open space or unity parcel.
(3)
In order to satisfy these conditions, the applicant shall submit a landscaping plan to Caln Township for review and consideration. Unless otherwise permitted by the Caln Township Board of Commissioners as part of a subdivision or land development plan application, the landscaping plan shall be prepared by a landscape architect registered within the Commonwealth of Pennsylvania. The size, type or species, location and planting specification of the replacement trees, as well as all vegetative cover, shall be specified on the landscaping plan.
(4)
Where the provisions if this section cannot be feasibly implemented, the required replacement trees shall be planted in an area designated as common open space within the development or any parcel of land owned and maintained by Caln Township. The location of these replacement trees shall be subject to the approval by the Board of Commissioners.
C.
The following provisions shall apply to all lots or parcels, regardless of their size, whereas woodland extraction measures are proposed on at least 40% but less than 60% of the lot or parcel, as the mature trees exist in predevelopment conditions:
(1)
The removal of mature trees and other significant vegetation shall be mitigated by the replacement of three trees per lot or parcel. At least one tree shall be considered as a street tree, with a minimum caliper of three inches and located 10 feet from the street right-of-way line. The other two trees shall have a minimum caliper of three inches and be shall planted within the internal area of each lot or parcel.
(2)
For areas designated as common open space or utility parcels, the removal of mature trees and other significant vegetation shall be mitigated by the replacement of 10 trees per acre. Where feasible, street trees should be incorporated into the landscaping design. All street trees shall have a minimum caliper of three inches and located at least 10 feet from the street right-of-way line. The other trees shall have a minimum caliper of three inches and be shall planted within the internal area of the common open space or unity parcel.
(3)
In order to satisfy these conditions, the applicant shall submit a landscaping plan to Caln Township for review and consideration. Unless otherwise permitted by the Caln Township Board of Commissioners as part of a subdivision or land development plan application, the landscaping plan shall be prepared by a landscape architect registered within the Commonwealth of Pennsylvania. The size, type or species, location and planting specification of the replacement trees, as well as all vegetative cover, shall be specified on the landscaping plan.
(4)
Location of replacement trees.
(a)
Where the provisions if this section cannot be feasibly implemented, the required replacement trees shall be planted the following locations:
[1]
In an area designated as common open space within the development.
[2]
On a parcel of land owned and maintained by Caln Township.
[3]
On a parcel of land owned and maintained by either Chester County, the Coatesville Area School District and any other public, nonprofit or conservation group willing to accept responsibility for the replacement trees.
(b)
The location of these replacement trees shall be subject to the approval by the Board of Commissioners.
D.
Unless otherwise approved by the Board of Commissioners, woodland extraction measures should not account for the removal or clear cutting of 60% of the mature trees that are located on a lot or parcel in predevelopment conditions.
E.
If additional trees are removed or extracted for the purposes of grading or municipal improvements during the construction sequence, the applicant shall replace all such trees at a ratio of three replacement trees per each mature tree that has been incidentally timbered and/or cleared. The type and location of all such replacement trees shall be subject to the approval of the Board of Commissioners.
§ 155-37.2 Forestry, timber harvesting, tree harvesting and logging.
A.
Forestry, timber harvesting, tree harvesting and/or logging shall be permitted within all underlying zoning districts, provided it is conducted in accordance with the provisions of this section of the Caln Township Code.
B.
A permit shall be required from Caln Township for any forestry, logging, timber harvesting and/or tree harvesting activities, whereas five or more trees per acre are removed from any lot or parcels per year. It shall be unlawful for any person to engage in any forestry, timber harvesting, tree harvesting and/or logging on any lot or parcel of land within Caln Township without first submitting a forest management plan and securing the proper permits. Unless otherwise required by Caln Township, the following permit application procedures and requirements shall apply:
(1)
A complete application and filing fee shall be submitted by the applicant or person engaged with the proposed forestry, timber harvesting, tree harvesting or logging activities, as imposed by resolution by the Board of Commissioners.
(2)
A forest management plan of the property where the proposed forestry, timber harvesting, tree harvesting or logging activity shall occur which includes the following:
(a)
An identification of the concerned property; the legal owners of the property; the mailing address(s) and phone number(s) of the legal property owners, operators and applicant at which they can be reached during normal business hours.
(b)
The property's boundaries as well as the specific areas of the site on which the work is to be performed and describing existing and proposed improvements and features of the property and the area surrounding the site of the work, including topography, existing vegetation, watercourses, man-made features, the affected watersheds and other natural features.
(c)
A topographical survey of the site depicting topographic features, both existing and proposed, at a suitable scale of no less than one inch equals 50 feet and with contour intervals of no more than two feet, prepared by a registered surveyor or registered engineer, including a boundary line survey, the location and description of vegetative cover, soil types and other pertinent existing natural or man-made features.
(d)
A complete description of the planned forestry, timber harvesting, tree harvesting or logging operation as well as a description of the planned replanting of the lot, as prepared and submitted by an approved forester. Where no replanting is planned, a statement from the approved forester describing the reasons why, in his opinion, the characteristics of the lot and vegetation situate thereon make natural regeneration appropriate or why such replanting is not otherwise necessary.
(e)
An analysis by the approved forester of the soil erosion likely to occur as a result of the planned forestry, timber harvesting, tree harvesting or logging operation and recommended counter-erosion measures.
(f)
A description of the counter-erosion measures that will be utilized by the landowners.
(g)
A drawing showing the design, construction, maintenance and retirement of the access system, including haul roads, skid roads, skid trails and landings.
(h)
The location of protective fencing for areas which will not to be harvested.
(i)
An estimated starting and completion date for the timber harvesting, tree harvesting or logging activities.
(j)
The location of the proposed temporary off-street parking and loading spaces which shall accommodate the maximum number of employees of the logging, timber harvesting or tree harvesting activities during the greatest shift.
(3)
A soil erosion and sediment control plan of the property where the proposed forestry, timber harvesting, tree harvesting or logging activity shall be submitted in accordance with the provisions of Chapter 137 of the Caln Township Code.
(4)
A stormwater management plan of the property where the proposed forestry, timber harvesting, tree harvesting or logging activity shall be submitted in accordance with the stormwater management provisions of Chapter 137 of the Caln Township Code.
(5)
Complete copies of any permits or licenses, as required by federal or commonwealth laws and regulations.
C.
The requirements of this section of the Code shall be in addition to rather than in substitution of those provisions of the Caln Township Subdivision and Land Development Ordinance (Chapter 137) relating to storm and surface drainage, grading and erosion control and stormwater management.
D.
Where applicable, a separate application shall be required for each permit. Three copies of all permit and plan documents, as referred to in this section, shall be submitted with each application, one of which, at the discretion of the Caln Township Zoning Officer or Engineer, shall be submitted to the Chester County Conservation District for review and comment.
E.
The following regulations shall apply to all forestry, timber harvesting, tree harvesting and logging operations within Caln Township:
(1)
Felling or skidding on or across any public road is prohibited without the express written consent of Caln Township or the Pennsylvania Department of Transportation, whichever is responsible for maintenance of the public road.
(2)
No tops or slash shall be left within 25 feet of any public road right-of-way.
(3)
All tops and slash, between 25 feet and 50 feet from a public road right-of-way or private road providing access to adjoining residential property or within 50 feet of adjoining residential property, shall be lopped to a maximum height of four feet above the surface of the ground.
(4)
No tops or slash shall be left on or across the boundary of any property adjoining the operation.
(5)
Litter resulting from the forestry, timber harvesting, tree harvesting or logging operation shall be removed from the property at least once every seven days.
(6)
All holes created in the course of any tree harvesting operation shall be filled to grade with soil.
(7)
The total number of trees harvested over any three-year period may not exceed 65% of the total basal area per acre in interior areas, other than those described in this section.
(8)
In areas within 50 feet of lot boundaries, the total number of trees harvested over any three-year period may not exceed 40% of the total basal area per acre in such area. Moreover, harvesting in these boundary areas may not be undertaken in such a manner as to concentrate most or all or the tree harvesting in portions of such boundary areas if the result thereof would be the harvesting of more than 40% of the trees in such portions.
(9)
No timber harvesting, tree harvesting or logging operation shall occur within 100 feet of any watercourse.
(10)
All land areas and properties which are used for timber harvesting, tree harvesting or a logging operation shall be reseeded in compliance with the forest management plan and erosion and sediment control plan required by the Caln Township Code.
(11)
It shall be the responsibility of the landowner and operator to insure that tops and slash are appropriately disposed from the property and are not burned within the Township.
F.
The following provisions for inspections, permit fees and permit approval shall apply to all forestry, timber harvesting, tree harvesting and logging operations within Caln Township:
(1)
The Board of Commissioners shall, by resolution, establish a schedule of fees for all permit applications required by this section of the Code. The required fee shall be submitted with the application, which shall not be considered for approval until the application fee is paid.
(2)
The Caln Township Engineer or Zoning Officer shall review the applicant's permit application, together with all plans, surveys, schedules, design criteria and other documents submitted or required to be submitted as part of the permit application procedure, together with any and all amendments thereto, and shall prepare a report of his findings and recommendations with respect to the same as he shall determine necessary prior to the issuance of any permit or permits. The cost of all such plan review and inspections shall be paid for by the applicant.
(3)
To ensure payment of all review and inspection fees, at the time of application the applicant shall deposit with Caln Township a sum sufficient to cover the costs of such plan review, together with the cost of any inspections by the Caln Township Engineer or Zoning Officer.
(4)
The Caln Township Engineer or Township Zoning Officer shall approve and issue all permits, and no work shall commence without the issuance of such permit approval.
G.
Any permit issued under this section may be revoked or suspended by the Caln Township Engineer or Zoning Officer after notice to the permit holder for:
(1)
Failure to comply with the terms specified by this section of the Code.
(2)
A violation of any condition of the permit.
(3)
Violation of any provision of this section of the Code or any other applicable law, ordinance, rule or regulation relating to the forestry, timber harvesting, tree harvesting or logging operations.
(4)
Any conditions or activities conducted on the property which constitutes or creates a nuisance, hazard or endangers human life or the property of others.
H.
The landowner and the operator shall be responsible for repairing any damage to public or private roads caused by traffic associated with a forestry, timber harvesting, tree harvesting or logging operation. Pursuant to Title 67 Pennsylvania Code, Chapter 189, the landowner or operator shall furnish a bond in an amount determined by the Caln Township Engineer to guarantee the repair of such damages. The landowner and operator shall clean any mud or debris that is tracked onto public or private roads and shall be responsible for repairing berms, shoulders, swales and/or stormwater management facilities on public or private roads which may be damaged due to the timber harvesting, tree harvesting or logging operation. All soil and debris washed or carried onto public streets during timber harvesting, tree harvesting or logging operations shall be cleaned on a daily basis.
I.
The Caln Township Engineer, Zoning Officer or other designated professional may go upon the property where any forestry, timber harvesting, tree harvesting or logging operation is occurring to determine if the requirements of this section and of the permit, including conditions thereof, or to the plans and specifications submitted with the permit application, including modifications thereof, or to the approved runoff and erosion control plan are being followed. If Caln Township determines that the landowner or operator are not complying with permit application, supporting plans or other provisions established within this section of the Code, Caln Township shall send a written notice to the landowner, operator and applicant, which notice shall set forth the nature of corrections required and the time within which corrections shall be made. If the landowner, operator or applicant fails to comply with the notice in the time specified, the applicant shall be considered in violation of this section of the Code, in which case Caln Township is entitled to seek all appropriate remedies at law, including the penalty provisions established within the Caln Township Code.
§ 155-38 Carbonate Geology Overlay District.
A.
The Carbonate Geology Overlay District shall be a conservation overlay to the underlying zoning districts of Caln Township. The purpose and objective of the Conservation Overlay District is outlined as follows:
(1)
To identify and protect certain land and water areas in which the underlying geological formations contain limitations for subdivision and land development activity.
(2)
To develop the provisions and safeguards for certain land and water areas which have the potential for sinkhole development, subsidence, bedrock pinnacles and groundwater infiltration and groundwater contamination.
(3)
To protect the water resources associated with carbonate geologic formations from land use and development patterns which would threaten their quality and quantity as a result of pollution and the alteration of natural drainage patterns.
(4)
To protect the health, safety and general welfare of the residents, property owners and business owners of Caln Township.
(5)
To encourage the utilization of appropriate construction and land development practices.
(6)
To implement the recommendations concerning natural features, conservation management and land use, as outlined within the Caln Township Comprehensive Plan.
B.
The Carbonate Geology Overlay District shall include limestone and dolomite formations, which are defined and illustrated within the Caln Township Comprehensive Plan and the Geological Map of Pennsylvania. These carbonate geological formations are commonly known as the Conestoga Formation (OCc), Elbrook Formation (Ce), Ledger Formation (Cl) and Vintage Formation (Cv), which are principally located through much of the central lowland areas of Caln Township.
C.
In reviewing all applications involving subdivision, land development, building and construction, Caln Township shall make its review on the basis of carbonate geological formation boundaries, as depicted within the Caln Township Comprehensive Plan, on the Geological Map of Pennsylvania and/or any other reliable geological resource.
D.
Within the Carbonate Geology Overlay District, alteration and/or development of land may be hazardous with respect to foundation stability, water seepage into basements, the safety of structures, the creation of unstable land as a result of changes in drainage and the contamination of ground and surface waters. Based upon the information available at the time of review of certain applications, the professional staff of consultants appointed by Caln Township will attempt to make reasonable judgments as to the compliance with the standards and specifications established under this section of the Code. However, under no circumstances shall the approval of any subdivision or land development plan, or its approval of any building permit, create any liability on the part of Caln Township or any officer, staff member or consultant of Caln Township for any damage that may result from an applicant's or any interested party's reliance upon the regulations of this section of the Code or any decisions made by Caln Township in the administration of such regulations.
E.
Except for those uses, structures and land subdivisions exempted from this section of the Code, no structure, land or water shall be used or developed, and no structure shall be located, extended, converted or structurally altered without full compliance with the procedures and standards set forth in this section of the Code. The following activities are exempted from these standards and procedures:
(1)
The construction and/or alternation of a single-family detached dwelling, or structure accessory thereto, on a lot held in single and separate ownership on the effective date of this chapter and a permitted on-lot sanitary sewer system to serve such dwelling.
(2)
One below-ground tank for the storage of not more than 1,000 gallons of home heating oil intended to serve a single-family dwelling.
(3)
Subdivisions of land containing two or fewer lots, whereas the proposed use is limited to one single-family detached dwelling per approved lot.
F.
Where interpretation is needed as to the exact location of the boundaries of the carbonate geological formations, the following procedures and requirements shall be applied:
(1)
Unless other reliable geological documentation, maps or studies are submitted to Caln Township, the geological formations as depicted within the Carbonate Geology Overlay District, the Caln Township Comprehensive Plan or Geological Map of Pennsylvania shall apply. A map of the Carbonate Geology Overlay District is attached hereto and incorporated into Appendix A, Township Maps.
[Amended 4-24-2008 by Ord. No. 2008-6]
(2)
Where there appears to be a conflict between a mapped boundary and actual field conditions, an initial determination of the exact boundary of the carbonate geological formations shall be made by the Caln Township Engineer or a professional consultant appointed by Caln Township based upon the information submitted by an applicant seeking subdivision or land development approval. Any applicant or person seeking such determination shall submit a geological study of the area in question or other pertinent documentation for consideration. The Caln Township Engineer or the professional consultant appointed by Caln Township shall make a written report of the results of his determination within 60 days of such submission. A copy of this report shall be submitted to the Zoning Officer, who shall make the final determination based upon the information submitted by the applicant and the report issued by the Caln Township Engineer or the professional consultant appointed by Caln Township.
(3)
Any party aggrieved by any such determination of the Zoning Officer may appeal to the Zoning Hearing Board. The applicant or person contesting the location of the carbonate geological formations district boundary shall have the burden of proof in case of any such appeal.
G.
Unless other wise exempted from the carbonate geological requirements of this Code, all persons or applicants seeking building, construction, subdivision and/or land development approval shall submit an environmental impact assessment (EIA) report to Caln Township for review and consideration. At a minimum, the EIA report shall be prepared in accordance with the following provisions:
(1)
Unless otherwise directed by Caln Township, the format and contents of the EIA report should be as follows:
(a)
Statement of purpose: This section shall indicate the design standards specified by this section of the Code have been addressed and whether the applicant is attempting to demonstrate compliance or justify noncompliance with those design standards.
(b)
Description of existing conditions: This section shall present a description of existing characteristics of the property, including geology, topography, ground and surface water hydrology, soils, vegetation and existing improvements and uses.
(c)
Description of the proposed action: This section shall describe the proposed action, including types, locations and phasing of proposed site disturbances and construction, together with proposed future ownership and maintenance of the property and the proposed improvements. A description of the proposed action must either be included within or accompany the environmental assessment report.
(d)
Proposed mitigation measures: This section shall describe all measures proposed by the applicant to control potential and adverse environmental impacts which may occur as a result of the proposed action and as identified by the Caln Township Engineer in his report on the application.
(e)
List of professional and qualifications: The names, addresses, telephone numbers, resumes and qualifications of the persons directly responsible for preparing the EIA report shall be provided.
(f)
Appendixes. Any additional information which the applicant wishes to provide may be included in one or more appendixes to the report.
(2)
The EIA report shall include a map of the size and scale specified under Chapter 137 of the Code. The map should accurately depict the location of the property and the plan showing all proposed improvements thereon and their geographic relationship to the Carbonate Geology Overlay District. Unless otherwise approved by Caln Township, the applicant shall utilize the carbonate geological boundaries depicted within the Caln Township Comprehensive Plan or Geological Map of Pennsylvania.
(3)
For areas proposed for grading and/or the construction of buildings, structures and/or other improvements of any kind, the EIA report shall identify and map all known or reasonably determinable data for such areas, gathered and prepared by a professional geologist or soils scientist, indicating the presence of any carbonate geological features, including, but not limited to: depressions; fissures, lineaments, faults or fracture traces; ghost lakes occurring after rainfall events; outcrops of bedrock; seasonal high-water tables; sinkholes; lineaments; soil types and soil mottling; and springs and/or surface drainage entering the ground. All such data shall be based on field surveys and/or published data, but in either case shall be supported by an explanation of its source, including the qualifications of the individuals directly responsible for preparing such data.
(4)
As part of the EIA report, the applicant shall furnish a detailed plan prepared in accordance with the requirements of Chapter 137 indicating existing and proposed drainage conditions, the locations of existing private and public wells on adjoining properties, as well as the location and extent of all proposed uses and improvements applicable to the design standards established within this Code.
(5)
Where required by the condition of the property, the EIA report should provide additional information which is sufficient to demonstrate that the applicant can comply with all design standards established within this section of the Code; that one or more of such standards is not applicable because of the conditions of the property or existing uses thereon; and/or that because the applicant's proposed action poses no discernible threat to land, buildings, structures and other improvements existing or proposed from any condition arising from their location in the Carbonate Geology Overlay District.
(6)
The Caln Township Engineer or a professional consultant appointed by Caln Township shall review the EIA report and other submitted materials required by this section of the Code and shall make a site inspection of the property, having notified the applicant at least five days in advance thereof. Following such site inspection, the Caln Township Engineer shall submit a written report to the Board of Commissioners, Zoning Officer and applicant presenting his findings with respect to the applicant's compliance with the procedures and standards established within this section of the Code.
H.
No structure, land area or water body shall be used or developed, and no structure shall be located, extended, converted or structurally altered within the Carbonate Geology Overlay District unless it conforms with the following standards and regulations:
(1)
The below-ground storage of heating oil, gasoline, chemical solutions or other substances which, if released, would constitute pollutants to ground or surface waters, is prohibited. The applicant may be authorized to place a tank underground in a concrete vault, install other impervious liners and/or install monitoring devices if the Caln Township Engineer determines that there exists no probability of leakage. This limitation shall be in addition to compliance with all applicable laws and the regulations of the Pennsylvania Department of Environmental Protection (PADEP) governing such facilities.
(2)
The use of fill containing any material which would represent a potential contamination hazard to ground or surface waters is prohibited. Prohibited materials shall include, but not necessarily be limited to, wastes identified as "hazardous" by state and federal laws and by regulations promulgated by the PADEP and the Environmental Protection Agency.
(3)
Aboveground storage, handling, processing or disposal of toxic materials, liquid fuels or other hazardous liquids or any other substance with the potential to contaminate ground and surface waters shall be prohibited unless contained within an area having impermeable surfaces such as concrete or other impervious material under the storage and handling areas to confine and prevent groundwater contamination. Additionally, aboveground storage tanks shall comply with the requirements of any and all regulations promulgated for the Pennsylvania Storage Tank and Spill Prevention Act, Act No. 32 of 1989 (the "Act"), or any subsequent acts amending the Act or additional acts affecting the subject matter of this subsection. Underground storage tanks shall comply with all applicable federal and state laws.
(4)
Land grading or construction of structures or other site improvements which would directly or indirectly diminish the flow of natural springs, surface waters or naturally existing underground drainage channels is prohibited. In determining the potential adverse affect of any proposed grading, site disturbance or construction activities, the applicant shall provide the Township Engineer with geology and water table data from observation wells, test borings and other accepted sources, as deemed necessary by the Caln Township Engineer using accepted engineering practice.
(5)
The installation of individual water supply wells which would directly or indirectly affect water supply, water volume, the water table or underground aquifers, groundwater or the watershed (natural water supplies) is permitted, subject to the applicant's submission of a groundwater study sufficient to conclude that the installation of any such well shall not create an adverse impact on any of the foregoing natural water supplies and shall not result in ground subsidence or damage to any existing or proposed structures or improvements. Any water supply involving water supplied from a community well shall be prohibited in the Carbonate Area District.
(6)
No stormwater management basin or other associated facilities shall be placed in or over the following features: sinkholes, closed depression, fracture traces, lineament, ghost lake, springs or disappearing streams (places where surface drainage enters the ground). Where necessitated by proximity to such features, basins may be required to be lined or otherwise constructed to preclude the opening of sinkholes and depressions arising as a consequence of water infiltration into carbonate formations.
(7)
Buildings and structures proposed to be constructed within the influence of a sinkhole, closed depression, lineament, fracture trace, spring, ghost lake or disappearing stream shall be designed so as to provide adequate control and dispersal of water in order to reduce the hazard of building damage due to collapse or subsidence. All measures proposed to be used by the applicant to control adverse impacts shall be subject to the approval of the Caln Township Engineer.
(8)
All underground sewer and water utilities, roadbeds, curbs, sidewalks and culverts proposed to be constructed and installed in areas evidencing carbonate formations shall be adequately protected from collapse, leakage and other hazards that contribute to or arise from collapse or subsidence, as required by the Caln Township Engineer or other qualified consultant.
I.
Should Caln Township find that an applicant may create a significant risk to the public's health or safety, in spite of taking all reasonable actions to minimize such risk, or should Caln Township determine that the applicant has not taken all reasonable actions to minimize such risk, the Township may deny the application in accordance with the provisions of this Code or impose reasonable conditions deemed appropriate by the Caln Township Engineer to mitigate such risks.
J.
Following receipt of the report from the Caln Township Engineer, the Zoning Officer shall either approve the permit application, approve it with conditions or reject it, and shall do so within 45 days of submission of the permit application, unless a request to extend the time period is requested or agreed upon, in writing, by the applicant.
K.
Where compliance with this section of the Code is required as part of an application for subdivision or land development plan approval, the decision on whether compliance has been achieved shall be made at the time of the decision on the subdivision or land development plan application.
L.
Where the application is a part of a request for a zoning permit, the Zoning Officer shall issue no such permit until the requirements of this section of the Code and any conditions imposed upon the use of the property at the time of subdivision or land development approval are satisfied.