Penn Forest Township
City Zoning Code
City Zoning Code
ARTICLE VI
Environmentally Sensitive Areas
§ 240-44 Erosion control.
The landowner, person and/or entity performing any earth disturbance shall utilize sufficient measures to prevent soil erosion and sedimentation of creeks.
A.
The disturbed land area and the duration of exposure shall be kept to a practical minimum.
B.
Except for agricultural activities, any earth disturbance over one acre of land area shall require the submission of an adequate Erosion and Sedimentation Control Plan to the County Conservation District.
C.
See state erosion control regulations (Note: As of 2011, in 25 Pa. Code Chapter 102). See also requirements for NPDES permits under federal and state regulations.
§ 240-45 Nuisances and hazards to public safety.
A.
No landowner, tenant nor lessee shall use or allow to be used any land or structures in a way that results or threatens to result in any of the following conditions:
(1)
Transmission of communicable disease, including conditions that may encourage the breeding of insects or rodents.
(2)
A physical hazard to the public, or a physical hazard that could be an attractive nuisance that would be accessible by children.
(3)
Pollution to groundwaters or surface waters, other than as authorized by a state or federal permit.
(4)
Risks to public health and safety, such as but not limited to explosion, fire or biological hazards.
B.
Additional information. If the Zoning Officer has reason to believe that the proposed use may have difficulty complying with the standards of this chapter, then the Zoning Officer may require an applicant to provide written descriptions of proposed machinery, hazardous substances, operations and safeguards.
§ 240-46 Wetlands and steep slopes.
See §§ 240-34 and 240-36.
§ 240-47 FP Floodplain District (flood-prone areas).
See the Township Floodplain Ordinance in Chapter 110, Floodplain Management.
§ 240-48 Control of light and glare.
[Amended 3-2-2026 by Ord. No. 1-2026]
This § 240-48 shall regulate exterior lighting in order to minimize glare, light trespass, and sky glow and to protect adjoining properties and public rights-of-way, and reduce lighting conflicts between property owners.
A.
Applicability and exemptions.
(1)
This § 240-48 shall apply to all sources of outdoor lighting installed or replaced within the Township after the effective date of this chapter, including, but not limited to, lighting utilized for residential, commercial, industrial, recreational, and institutional uses, and sign, billboard, architectural, hardscape, and landscape lighting. Existing outdoor lighting installed prior to the effective date of this chapter shall be considered a nonconformity in accordance with Subsection X, below.
(2)
Outdoor lighting shall be required for safety and personal security in areas of public assembly and traverse and for loading, ingress and egress, and parking areas for uses including, but not limited to, multifamily residential, commercial, industrial, and institutional uses.
(3)
The Board of Supervisors may require lighting be incorporated for other uses or locations, as they deem necessary.
(4)
Lighting systems regulated by the Federal Aviation Administration, U.S. Department of Transportation, PennDOT, or the Occupational Safety and Health Administration shall be exempted from this § 240-48 to the extent that the provisions of this § 240-48 are preempted by such regulations.
B.
Prohibitions.
(1)
Flashing, flickering, or strobe lighting is prohibited, except for nonadvertising seasonal decorative lighting between October 25 and January 10 on residential properties only.
(2)
Any lighting that distracts or disables the vision of a motor vehicle operator (e.g., excessively bright or rapid blinking, flashing, and/or motion video) or contributes to traffic control confusion (e.g., sources resembling or imitating traffic or railroad signals) is prohibited.
C.
Height of lights. No luminaire, spotlight, or other light source located within 200 feet of a lot line of an existing dwelling or approved residential lot shall be placed at a height exceeding 35 feet above the average grade within a 10-foot radius of the base of the fixture. This limitation shall not apply to lighting of outdoor public recreation facilities or ski resorts, provided such lighting is equipped with shielding and beam control to minimize glare, light trespass, and skyward projection.
D.
Diffusion. All luminaires or other light sources, including signs, shall be fully shielded and/or fitted with opaque or translucent covers as necessary to prevent exposed bulbs or light sources from being directly visible from streets, public sidewalks, dwellings, or adjacent lots.
E.
Shielding, direction, and spillover. All luminaires or other light sources, including signs, shall be fully shielded, carefully directed, and placed to prevent glare, prevent light from shining into the eyes of passing motorists thereby creating a hazard, and prevent light from projecting skyward or beyond the area intended to be illuminated.
(1)
No luminaire or other outdoor light source shall emit more than 5% of its total lumen output above 80° from nadir, except as follows:
(a)
Directional lighting used for facade illumination which are shielded and aimed to hit their target such that the light is contained by architectural elements.
(b)
Festoon string lighting where no individual lamp emits more than 50 lumens, and the lumen density of the string is no greater than 25 lumens per foot.
(2)
Light trespass shall not exceed 0.1 footcandles at any adjoining property line, except for illumination of public rights-of-way or where otherwise permitted by this chapter, or any other chapter of the Penn Forest Township Code. The light trespass limit shall be measured with a calibrated light meter along all property lines both horizontally at the ground plane facing upward and vertically at five feet above grade with the meter aimed toward the light source in question.
F.
Outdoor canopies. Lighting fixtures used to light the area under outdoor canopies, including but not limited to those used at automotive fuel dispensing facilities, bank and fast-food drive-thru lanes, theater and hotel marquees, and building entrances shall be flat-lens full-cutoff fixtures aimed straight down and shielded in such a manner that the lowest opaque edge of the fixture shall be below the light source and its light-directing surfaces, at all lateral angles around the fixture. Alternatively, light fixtures shall be recessed into the canopy or screened by an extension around the bottom of the canopy so that lighting elements are not visible from another lot or public street. The average maintained illumination in the area directly below the canopy shall not exceed 20 initial footcandles, with no value exceeding 30 initial footcandles.
G.
Lighting of horizontal surfaces. For the lighting of predominantly horizontal surfaces, including but not limited to parking areas and vehicle sales areas, lighting fixtures shall be aimed downward and shall meet Illuminating Engineering Society (IES) "full cutoff" criteria to direct light and prevent glare or spillover onto streets and adjoining properties.
H.
Lighting of nonhorizontal surfaces. For lighting of predominantly nonhorizontal surfaces, including but not limited to building walls and signs, lighting fixtures shall be fully shielded and aimed so as not to project light toward neighboring properties, beyond the object being illuminated, onto a public roadway, or into the sky. Lighting of flags shall use a beam no wider than necessary to illuminate the flag. Lighting of billboards shall be attached to the top of the billboard and project downward. Lighting of the United States flag from dusk to dawn shall be permitted, provided the light source is shielded and limited to the minimum illumination necessary.
I.
Architectural lighting. Architectural lighting, including illumination of building facades and other architectural features, fountains, statuary, hardscaping and landscaping, for decorative, advertising or aesthetic purposes, is prohibited between 10:00 p.m. and sunrise, except that such lighting situated on the premises of a commercial establishment may remain illuminated while the establishment is actually open for business, and until no more than one-half hour after closing.
J.
Spotlights and lasers. Spotlights shall not be directed upward into the sky. Laser lights shall not be directed into the sky for any purpose including but not limited to attracting attention to a business, activity, or location.
K.
No floodlighting, spotlights, or high-intensity lighting shall be permitted in any residential district after 10:00 p.m. prevailing time, except for surveillance, security, or safety lighting which shall comply with Subsection O, below.
L.
Illumination levels. Lighting intensities and uniformity ratios shall be in accordance with the latest edition of the Illuminating Engineering Society Lighting Handbook or current Recommended Practices of the IES. Future amendments to said Lighting Handbook and Recommended Practices shall become part of this chapter without future action of the Township.
M.
Color temperature. All exterior lighting subject to this § 240-48 shall have a correlated color temperature (CCT) of 3,000 Kelvin or less, unless a higher temperature is demonstrated as necessary for safety or operational need and is approved by the Township.
N.
Automatic control. Unless otherwise permitted by the Board of Supervisors for reasons such as safety and security, lighting shall be controlled by automatic switching devices, such as time clocks or combination motion detectors and photocells, to enable extinguishing of light sources between 10:00 p.m. and dawn to mitigate nuisance glare and sky-lighting consequences. Light sources activated by motion detection shall automatically turn off or return to their dimmed state no more than five minutes after activity is no longer detected.
O.
All-night safety or security lighting. Where all-night safety or security lighting is to be provided, the lighting intensity levels shall not exceed 25% of the levels permitted by this chapter, but in no case shall they be less than the minimum levels for safety or security as set forth by IES. The use of greater than 25% of the permitted lighting intensity for all-night safety or security lighting shall require approval by the Board of Supervisors, based on the unique nature of the use or elevated area crime or safety or security risk. Alternatively, where there is reduced but continued onsite activity throughout the night that requires site-wide even illumination, the use of dimming circuitry to lower illumination levels by at least 50% after 10:00 p.m. or after normal business hours, or the use of motion-sensor control, may be permitted.
P.
Installation.
(1)
Electrical feeds for lighting standards shall be run underground, not overhead and shall be in accordance with the National Electric Code Handbook.
(2)
Lighting in parking areas shall be placed a minimum of five feet outside of the paved area, or on concrete foundations at least 30 inches high above the pavement, or suitably protected by other approved means.
(3)
Pole-mounted lighting fixtures for lighting horizontal surfaces shall be aimed straight down and poles shall be plumb.
(4)
Poles and brackets for supporting lighting fixtures shall be those specifically manufactured for that purpose and shall be designed and rated for the fixture and mounting accessory weights and wind loads involved.
(5)
Pole foundations shall be designed consistent with manufacturer's wind load requirements and local soil conditions involved and shall be approved by the Township Engineer.
(6)
Any employed shielding elements shall be permanently affixed to lighting fixture.
Q.
Maintenance. Lighting fixtures and ancillary equipment shall be maintained so as to always meet the requirements of this chapter.
R.
Recreational uses. The nighttime illumination of outdoor recreational facilities for such sports as baseball, basketball, soccer, tennis, track and field, and football typically necessitate higher than permitted lighting fixture heights and aiming angles, utilize very high-wattage lamps and potentially produce unacceptable levels of light trespass and glare when located near residential properties. Permission to illuminate such facilities shall be granted only when the Township is satisfied that the health, safety and welfare rights of nearby property owners and the Township as a whole have been properly protected. When recreational uses are permitted by the Township for operation during hours of darkness, the following additional requirements shall apply:
(1)
Recreational uses such as golf driving ranges that necessitate the horizontal or near horizontal aiming of light fixtures and projection of illumination shall not be permitted to be artificially illuminated.
(2)
Recreational facilities located within a residential district or sited on a nonresidential property located within 1,000 feet of a property containing a residential use shall submit a visual impact analysis. Lighting shall be extinguished by 10:00 p.m.
(3)
Sporting events shall be timed to end at such time that all lighting in the sports facility, other than lighting for safe exit of patrons, shall be extinguished by 10:00 p.m., except in the occurrence of extra innings, overtime, or make-up games.
(4)
The Township reserves the right to limit the number of illuminated sporting events per week or season.
(5)
Maximum mounting heights for recreational lighting shall be in accordance with the following:
(a)
Basketball: 20 feet.
(b)
Football: 70 feet.
(c)
Soccer: 70 feet.
(d)
Lacrosse: 70 feet.
(e)
Little League Baseball 200-foot radius: 60 feet.
(f)
Little League Baseball 300-foot radius: 70 feet.
(g)
Miniature golf: 20 feet.
(h)
Swimming pool aprons: 20 feet.
(i)
Tennis: 20 feet.
(j)
Track: 20 feet.
(6)
To assist the Township in determining whether the potential impacts of proposed lighting have been suitably managed, applications for illuminating recreational facilities shall be accompanied by a visual impact plan in accordance with Subsection T, below, and the lighting plan information required under Subsection U, below.
S.
Illumination of signs. The illumination of signs shall comply with the applicable standards of this § 240-48 and Article VIII, Signs.
T.
Visual impact plan. A visual impact plan shall be required for recreational uses and industrial uses, including but not limited to data centers, data center accessory uses, and warehouses, and when requested by the Board of Supervisors in accordance with Subsection U, below. The visual impact plan shall contain the following:
(1)
Plan views containing a layout of the recreational facility or use and showing pole locations and the location of residences on adjoining properties.
(2)
Elevations containing pole and light fixture mounting heights, horizontal and vertical aiming angles and fixture arrays for each pole location.
(3)
Elevations containing initial vertical illuminance plots at the boundary of the site, taken at a height of five feet line-of-sight.
(4)
Elevations containing initial vertical illuminance plots on the windowed facades of all residences facing and adjacent to the recreational facility or use. Such plots shall demonstrate compliance with the light trespass and glare control requirements of this § 240-48.
(5)
Proposed frequency of use of the facility or use during hours of darkness on a month-by-month basis and proposed time when the lighting will be extinguished.
(6)
A narrative describing the measures proposed to achieve minimum off-site disturbance.
U.
Lighting plan submission.
(1)
Lighting plans shall be submitted to the Township for review and approval and shall include:
(a)
A plan or plans of the site, complete with all structures, parking spaces, building entrances, traffic areas (both vehicular and pedestrian), existing and proposed trees, and adjacent uses that might be adversely impacted by the lighting. The lighting plan shall contain a layout of all proposed and existing light fixtures, including but not limited to area, architectural, building entrance, canopy, soffit, landscape, flag, and sign, by location, orientation, aiming direction, mounting height, lamp, photometry, and type.
(b)
A 10-foot by 10-foot illuminance grid (point-by-point) plot of maintained horizontal footcandles overlaid on the site plan, plotted out to 0.0 footcandles, which demonstrates compliance with the light trespass, illuminance and uniformity requirements as set forth in this chapter or as otherwise required by the Township. When the scale of the plan, as determined by the Township, makes a 10-foot by 10-foot grid plot illegible, a more legible grid spacing may be permitted.
(c)
Light-loss factors, IES candela test-filename, BUG rating, initial lamp-lumen ratings and specific lamp manufacturer's lamp ordering nomenclature, used in calculating the plotted illuminance levels.
(d)
Description of the equipment, including fixture catalog cuts, photometrics, glare reduction devices, lamps, lamp color temperature, control devices, mounting heights, pole foundation details, pole protection means, and mounting methods proposed.
(e)
Landscaping plans shall contain light fixture locations, demonstrating that the site lighting and landscaping have been coordinated to minimize conflict between vegetation and intended light distribution, both initially and at vegetation maturity.
(2)
When requested by the Board of Supervisors, the applicant shall submit a visual impact plan in accordance with Subsection T, above, that demonstrates appropriate steps have been taken to mitigate on-site and off-site glare.
(3)
Post-approval alterations to lighting plans or intended substitutions for approved lighting equipment shall be submitted to the Township for review and approval. Requests for substitutions shall be accompanied by catalog cuts of the proposed equipment that demonstrate the proposed substitution is equal to or exceeds the optical quality and maintainability of the specified light fixtures, and by a lighting plan, including a point-by-point plot, which demonstrates that proposed substitutions will result in a lighting design that equals or exceeds the quality of the lighting on the approved plan.
V.
Post installation inspection. The Township reserves the right to conduct a post-installation nighttime inspection to verify compliance with the requirements of this chapter, and if appropriate, to require remedial action at no expense to the Township.
W.
Compliance monitoring.
(1)
Safety hazards.
(a)
If the Township determines that a lighting installation creates a safety or personal security hazard, the person(s) responsible for the lighting shall be notified and required to take remedial action.
(b)
If appropriate corrective action has not been effected within five days of notification, the Township may exercise the remedies as provided in by this chapter to enforce compliance as long as the hazard continues to exist.
(2)
Nuisance glare and inadequate illumination levels.
(a)
When the Township determines that an installation produces unacceptable levels of nuisance glare, skyward light, excessive or insufficient illumination levels or otherwise varies from this chapter, the Township may cause notification of the person(s) responsible for the lighting and require appropriate remedial action.
(b)
If the infraction so warrants, the Township may act to have the problem corrected as in Subsection W(1)(b) above.
X.
Nonconforming lighting. Any lighting fixture or lighting installation existing on the effective date of this chapter that does not conform with the requirements of this chapter shall be considered as a lawful nonconformance and shall be made to conform with the requirements of this chapter when:
(1)
The nonconformance is deemed by the Board of Supervisors to create a safety hazard or nuisance.
(2)
The nonconforming lighting fixture or lighting installation is replaced or relocated.
(3)
There is a change in use.
Y.
Streetlighting dedication.
(1)
When streetlighting is to be dedicated to the Township, the applicant shall be responsible for all costs involved in the lighting of streets and street intersections until the street is accepted for dedication.
(2)
Prior to dedication and in the event of the formation of a community association, and/or property management declaration, the Township shall require said agency to enter into an agreement guaranteeing payment of all costs associated with dedicated streetlighting.
(3)
Assumption of costs of dedicated streetlighting. Upon dedication of public streets, the Township shall assess the community association, individual property owners, corporations, or other applicable entities as may be necessary to collect all revenues required that are directly or indirectly associated with all costs of each specific streetlighting fixture. These costs shall include:
(a)
Administration;
(b)
Collection;
(c)
Pro-ration of nonpayables;
(d)
Actual utility electrical charges;
(e)
Maintenance and maintenance contracts for fixtures and associated equipment.
§ 240-48.1 Woodland protection and replacement.
[Added 3-2-2026 by Ord. No. 1-2026]
A.
Specimen trees shall not be removed from any lot or tract except where the landowner demonstrates to the satisfaction of the Township that such removal is essential to eliminate a hazardous condition or otherwise permit lawful use of the lot or tract. Where permitted, removal of specimen trees shall be minimized.
B.
The following woodland protection and replacement standards shall apply to all lots that are one acre or larger. Where there is a conflict between the disturbance limits or other standards of this Subsection B and any other provision of this Chapter 240 or the Penn Forest Township Code, the more restrictive disturbance limit or standard shall apply.
(1)
For residential uses, no more than 35% of woodlands shall be disturbed.
(2)
For nonresidential uses, no more than 50% of woodlands shall be disturbed.
(3)
Any disturbance in excess of the limitations specified this Subsection B shall be subject to the tree, woodland, and shrub replacement requirements in Subsection B(10), below.
(4)
Disturbance limitations shall be measured based on the extent of the woodland at the time of first submission of applicable application(s) after the adoption of this section, and shall be indicated on applicable plan(s). The extent of any area of woodland disturbance shall be measured to include the entire area within the drip line of any tree where any part of the area within the drip line of said tree is subject to woodland disturbance. Any disturbance limitation shall run with the land. 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 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.
(5)
Each building or structure shall be laid out and constructed in such a manner as to provide the least alteration or disturbance necessary of the existing woodlands and other vegetation. Clear-cutting shall be minimized and trees shall be selectively removed. There shall be no clearing-cutting along adjoining property lines, especially where the development site adjoins the property line of a sensitive receptor or residential zoning district boundary, except as needed to accommodate the minimum width required for ingress and egress to/from the site.
(6)
Remaining undisturbed woodlands and other vegetation shall interconnect with woodlands or wooded areas on adjacent properties to preserve continuous woodland corridors and allow for the normal movement, dispersion, and migration of wildlife.
(7)
In determining where necessary woodland disturbance shall occur, the following factors shall be considered by the applicant and the Township:
(a)
The impacts on any interior forest area; riparian buffer area; steep slope area; rare, threatened, or endangered species habitat area; and scenic views.
(b)
The location(s) of healthy mature woodland stands and the benefit(s) of their conservation, including but not limited to environmental or ecological benefits, and benefits of buffering and screening of the proposed use or development.
(c)
The impacts of separating, dividing, or encroaching on wildlife travel corridors or extensive habitat areas.
(d)
Balancing the benefits of woodland preservation with other valuable resources on the site, including scenic views. The Township should not unreasonably restrict woodland disturbance where limited disturbance may permit siting of buildings in less visually obtrusive areas of the tract.
(8)
Woodlands, individual trees, and other vegetation that are to be removed shall be designated on the landscape plan as "TO BE REMOVED." Woodlands, individual trees, and other vegetation that are to remain on the site shall be designated on the landscape plan as "TO REMAIN."
(9)
Woodlands, individual trees, and other vegetation that are to remain on the site shall be protected in accordance with the following:
(a)
A tree protection zone (TPZ), which is an area radial to the trunk of the tree or to the woodland area to be preserved, shall be established. The TPZ shall extend to the edge of the critical root zone (CRZ) of the woodland area to be protected, or in the case of an individual tree, to the critical root zone of the tree. The critical root zone is the distance from the tree trunk that equals one foot for every one inch of the tree's diameter at breast height (dbh).
(b)
Prior to construction, trees or woodlands to be preserved that are within 50 feet of any proposed construction, grading, clearing, or related activity shall have their TPZ demarcated by minimum four-foot-high, orange construction fencing or approved equivalent. The fencing shall be installed along the outer edge of the delineated TPZ, shall be maintained until all construction activities have been completed, and shall be inspected by the Township prior to initial disturbance and, thereafter, at its discretion.
(c)
No disturbance, earth compaction, vehicular or foot traffic, construction of proposed improvements or utilities, or other disturbance shall occur within the TPZ.
(d)
Construction materials, equipment, soil and/or debris shall not be stored nor disposed of within the TPZ.
(e)
No toxic materials shall be stored within 100 feet of a TPZ.
(f)
Sediment, retention, and detention basins shall not be located within the TPZ, nor shall they discharge into the TPZ.
(10)
Tree, woodland, and shrub replacement.
(a)
Replacement of trees and woodlands removed in excess of the disturbance limits set forth in Subsection B(1) and (2), above, shall be required as follows:
[1]
For each tree greater than 12 inches dbh to be removed, required replacement trees shall be planted and shall be calculated in accordance with the table below. For each evergreen tree to be removed, a minimum of one of the required replacement trees shall be an evergreen tree of eight feet minimum height.
For Each Tree to Be Removed | Minimum Number and Caliper of Replacement Trees |
|---|---|
One, 12 to 18 inch dbh | Two, 2 inch dbh |
One, 18 to 24 inch dbh | Three, 2 inch dbh |
One, 24 to 36 inch dbh | Four, 2 inch dbh |
One, greater than 36 inch dbh | Six, 2 inch dbh |
[2]
Deciduous replacement trees shall be eight feet minimum height if multi-stem trees.
[3]
Where the area of proposed woodland disturbance is one acre or less, the applicant shall determine the number and dbh of trees to be removed and replaced based on a 100% inventory of trees within the area of disturbance. Where the area of proposed woodland disturbance is greater than one acre, the applicant shall determine the number and dbh of trees to be removed and replaced based on an inventory of trees within sample plots. Such sample plots shall conform to the following:
[a]
Each sample plot shall be one-quarter acre in size.
[b]
For disturbance of less than 30 acres, there shall be one sample plot per acre.
[c]
For disturbance of 30 acres or more, there shall be 24 sample plots plus one sample plot per five acres.
[d]
Sample plots shall be evenly spaced in a grid pattern across the area of proposed disturbance.
[e]
The number of trees to be removed within each size category specified in the table in Subsection B(10)(a)[1], above, shall be tallied for each sample plot and totaled across all sample plots. For the purpose of determining evergreen tree removal and replacement, evergreen trees shall be enumerated.
[f]
The following formula shall be used to calculate the total number of trees within each category to be removed from the proposed area of disturbance (the formula must be applied separately to each category).
V = v x [4 x (A/n)] | ||
Where: | ||
V | = | Estimated total number of trees to be removed from the proposed area of disturbance |
v | = | Sum of trees in individual category from sample plots |
A | = | Total number of acres of proposed disturbance |
n | = | Number of sample plots |
For example, on 10 acres of proposed disturbance with 10 sample plots each 1/4 acre in size, and two 12-inch dbh trees tallied in each sample plot for a total of 20 12-inch dbh trees across all plots, the total number of 12-inch dbh trees to be removed is 80, as follows: | ||
V | = | 20 x [4 x (10/10)] |
V | = | 20 x (4 x 1) |
V | = | 80 (12-inch trees to be removed from the proposed area of disturbance) |
The number of replacement trees would be 160 2-inch dbh trees | ||
This formula is repeated for sampled trees in each category | ||
[4]
The applicant may utilize an alternative method of sampling trees and/or calculating tree removal and replacement, subject to approval by the Township.
(b)
Required replacement shrubs. For each 100 square feet of proposed woodland area removed, or fraction thereof, in excess of the disturbance limits set forth in Subsection B(1) and (2), above, and regardless of the character and sizes of the disturbed vegetation, a minimum of one shrub at least 24 inches to 30 inches in height shall be planted in addition to any required tree replacement.
(c)
The applicant shall provide documentation showing sample plot locations and tree and shrub removal and replacement calculations. In the case of an alternative method approved in accordance with Subsection B(10)(a)[4], above, the applicant shall provide documentation detailing such method and calculations.
(d)
Required replacement plantings may count toward any required street trees or any other landscape material required under the provisions of this chapter or Chapter 210, Subdivision and Land Development.
(e)
Where required number of replacement trees and shrubs is not suitable for the site due to the size of the site or other limitations, the Board of Supervisors may allow the following as an alternative planting mitigation:
[1]
Some or all of the required replacement plantings may be installed at a site other than that subject to required replacement planting. In such cases and to the extent possible, the plantings shall be installed within the same watershed from which they were removed.
[2]
The applicant may provide a fee to the Township equal to the estimated installed value of the plantings, to be deposited into a special fund established for that purpose. Such fund shall be utilized at the discretion of the Township for the purchase and installation of plantings elsewhere in the Township. Installation of such plantings on private lands shall be dependent upon the establishment of conservation easement(s) or other restriction(s) acceptable to the Township that will reasonably guarantee the permanent protection of such plantings.
[3]
The Board of Supervisors may permit a reduction in the number of required replacement plantings.
(f)
The removal of declining, damaged, diseased or invasive trees, or those which present a hazard are exempt from the tree replacement requirement.
(g)
The locations, selected species and sizes of all replacement plantings, along with a planting schedule tied to the timing and/or phasing of the development, shall be indicated on the final land development plan.
(h)
Required replacement vegetation and their measurement shall conform to the standards of the publications "American or U.S.A. Standard for Nursery Stock," ANSI or U.S.A.S. Z60.1 of the American Association of Nurserymen, as amended. All plant material used on the site shall have been grown so as to have a high likelihood of survival on the site (e.g., grown specifically for planting in the applicable USDA hardiness zone) and shall be nursery grown.
(i)
Because of the many benefits of native plants (ease of maintenance, longevity, wildlife habitat, etc.), the use of nursery-grown free-fruiting native trees and shrubs shall be required. Species selection shall reflect species diversity characteristic of the native woodland.
(j)
Invasive species, as identified on the most recent version of the Pennsylvania Invasive Plant Species List, shall not be planted under any circumstances for any Township permitted activity, and where present their eradication or management shall be implemented to the maximum extent possible.
(k)
All replacement plantings shall be guaranteed and maintained in a healthy and/or sound condition for at least 18 months. If a replacement planting dies or is dying within the guarantee period, the landowner shall replace the dead or dying planting. In addition, the applicant may be required to escrow sufficient additional funds for the maintenance and/or replacement of the proposed vegetation during the 18-month replacement period, and to provide for the removal and replacement of vegetation damaged during construction, based upon the recommendation of the Township Engineer or Pennsylvania-registered landscape architect.
