Carroll Valley City Zoning Code
PART 12
FORESTED LANDS OVERLAY FLO DISTRICT
§ 27-1201 Statement of Legislative Intent.
[Ord. No. 1-2022, 5/10/2022]
1.
It is hereby declared to be the intent of the FL District to:
A.
Recognize that substantial portions of Carroll Valley Borough are covered by forest vegetation and that such forest vegetation strongly contributes to the visual setting of the Borough.
B.
Acknowledge that tree cover substantially contributes to groundwater quality and helps minimize erosion and sedimentation.
C.
Establish a process by which individual property owners are encouraged to maintain existing forest cover when developing property.
D.
Provide development based incentives to property owners who meet forest cover protection and retention standards.
§ 27-1202 Regulations.
[Ord. No. 1-2022, 5/10/2022]
1.
Delineation. Forested Lands shall be delineated in accordance with the following parameters.
A.
Location. Forested lands are hereby delineated to include all properties within Carroll Valley Borough that exhibit a minimum of 50% forest canopy cover based on an analysis of aerial photography conducted by staff of the Adams County Office of Planning and Development on September 5, 2017.
B.
Forested Lands Map. The forested lands shall be shown upon the map attached to and made part of this chapter, which map is dated, and designated as the "Carroll Valley Borough Zoning Map — Forested Lands." The said map and all notations, references, and other data shown therein are hereby incorporated into this chapter as if all were fully described herein. The Carroll Valley Borough Zoning Map — Forested Lands Overlay Map is included as Appendix D.[1]
[1]
Editor's Note: The Forested Lands Overlay Map is included as an attachment to this chapter.
2.
Management of Existing Forested Lands.
A.
Voluntary Management of Forested Lands. On property within the FLO District, the property owner may voluntarily manage forested lands in accordance with the following standards:
(1)
Inventory. An inventory of trees that contribute to the forest canopy cover associated with the property shall be conducted. All live trees with a size of six inches or more diameter at breast height (dbh) shall be inventoried. The inventory shall include the following information for each tree.
(a)
Tree species.
(b)
Tree size, measured by dbh.
(c)
Tree type (deciduous or coniferous).
(d)
Pennsylvania native (yes or no).
(e)
A site plan depicting the location of each tree that contributes to the forest canopy shall be prepared.
(2)
Conservation of Forest Canopy Cover. All trees that have been inventoried in accordance with § 27-1202, Subsection 2A(1), shall be retained.
(3)
Dead or Diseased Tree Removal. Removal of dead or diseased trees from the property shall be permitted. Where the diseased tree constituted a tree that was included in the inventory in accordance with § 27-1202, Subsection 2A(1), such removal shall be notated on the site plan.
(4)
Site Development. Properties within the FLO District may be developed in accordance with the use and development regulations of the underlying zoning district, and in accordance with the following standards:
(a)
Land disturbance associated with site development shall be minimized. Land disturbance associated with site development shall address how to best maintain the trees included in the inventory conducted in accordance with § 27-1202, Subsection 2A(1).
(b)
A maximum of 50% of inventoried trees may be removed to accommodate site development.
(c)
Where inventoried trees are removed to accommodate site development, such trees shall be replaced in accordance with the following standards:
1)
Tree replacement shall occur in accordance with the following table.
Size of Removed Tree (dbh) | Required Number of Replacement Trees |
|---|---|
6 inches to less than 12 inches | 1 |
12 inches to less than 18 inches | 2 |
18 inches or greater | 3 |
2)
Where a Pennsylvania native tree is being removed, the replacement tree(s) shall be similar to the tree being removed.
3)
Where the tree being removed is not a Pennsylvania native tree or is classified as invasive, the replacement tree(s) shall be Pennsylvania native. For the purposes of this section, invasive trees shall be those listed in the publication DCNR Invasive Plant List, as may be updated or amended, and provided in Appendix F.[2]
[2]
Editor's Note: The DCNR Invasive Plant List is included as an attachment to this chapter.
4)
Trees shall be planted as seedlings with a minimum height of 18 inches.
5)
Trees shall be sheltered and staked to prevent damage from competing plants, and from animals and/or maintenance equipment. At a minimum, the tree shelter shall be comprised of a four-foot tree tube. The tree tube shall be retained until such time that the tree achieves a height that precludes deer browsing damage.
6)
Should any trees that have been planted to meet the tree replacement requirements of this section die or become damaged (due to animals, mowing, or other impacts) within three years of said planting, such trees shall be replaced.
B.
Incentive. When a property is proposed for development, or where a property is subject to an application for a change of land use that involves development of new structural features (for example, buildings, parking lots, stormwater management facilities, and similar features), the property owner may apply for the incentives defined in the underlying zoning district if documentation is provided confirming that Forested Lands are being maintained in accordance with the provisions of § 27-1202, Subsection 2A, above.
