Floodplains.

Steep slopes.

Watercourses and riparian buffers.

Outstanding resource waters and buffers.

Wetlands and wetland buffers.

The disturbed area and the duration of exposure shall be kept to a practical minimum and any disturbed soil shall be stabilized as quickly as practical;

Proper stormwater management and erosion controls shall be implemented;

The proposed activity shall not substantially alter the character of the protected natural resource; and

There shall be no new impervious surface or change in elevation.

Applications for zoning approval or building permits;

Applications for subdivision or land development approval.

Intermediate steep slopes. No more than 20% of intermediate steep slopes shall be regraded, cleared, built upon, or otherwise altered or disturbed. The maximum impervious surface coverage of such areas shall be the lesser of 1,000 square feet or 5% of intermediate steep slopes.

Elevated steep slopes. No more than 10% of elevated steep slopes shall be regraded, cleared, built upon, or otherwise altered or disturbed. The maximum impervious surface coverage of such area shall be the lesser of 500 square feet or 2% of elevated steep slopes.

Disturbance shall entail the least alteration necessary to the existing grade and natural soil conditions.

Finished slopes of all permitted cut and fill within steep slopes shall not exceed 3:1 horizontal-to-vertical slopes, except where a retaining wall is provided.

Any disturbance of land shall be in conformance with the erosion and sedimentation control standards of the Pennsylvania Department of Environmental Protection (PADEP), the Chester County Conservation District (CCCD), and Schuylkill Township.

Upon completion or temporary cessation of any earth disturbance activity, the disturbed area(s) shall be immediately stabilized with the appropriate temporary or permanent stabilization.

Reduces the amount of nutrients, sediment, pesticides, and other harmful substances that reach a watercourse, thereby preserving and improving water quality.

Provides for shading of the aquatic environment to moderate temperatures and protect fish habitat.

Provides organic matter which provides food and habitat for bottom dwelling organisms essential to the food chain.

Increases streambank stability and reduces streambank erosion and sediment production.

Conserves important natural features (e.g., headwater areas, groundwater recharge zones, streams, and prime wildlife habitat).

Conserves natural, scenic, and recreation areas and promotes the functioning of greenways.

Watercourses shall not be regraded, filled, piped, diverted, built upon, or otherwise altered or disturbed, except where approval per § 370-223A(7) is obtained from Schuylkill Township and, if required, from the US Army Corps of Engineers, the Pennsylvania Department of Environmental Protection (PADEP), or the Chester County Conservation District (CCCD).

Inner riparian buffer. No woodland disturbance or other earth disturbance shall be permitted within the inner riparian buffer, shown as Zone 1 in Figure 370-1, except for the following activities:

Outer riparian buffer. Except as permitted by Article XI, no more than 10% of an outer riparian buffer, shown as Zone 2 in Figure 370-1, shall be regraded or otherwise disturbed. Those activities permitted in the inner riparian buffer shall be permitted in the outer riparian buffer and shall not be counted towards the 10% disturbance allowance.

During construction, the boundaries of riparian buffers shall be clearly identified on the site and protected by orange construction fencing, and those slated for ongoing preservation shall be protected from disturbance by flags or other proper barrier and signage.

Outstanding resource waters shall not be regraded, filled, piped, diverted, built upon, or otherwise altered or disturbed, except where approval per § 370-223A(7) is obtained from Schuylkill Township and, if required, from the US Army Corps of Engineers, the Pennsylvania Department of Environmental Protection (PADEP), or the Chester County Conservation District (CCCD).

Outstanding resource water inner buffer. No woodland disturbance or other earth disturbance shall be permitted within this Zone 1 buffer, except for the following activities:

Outstanding resource water middle and outer buffers. Except as permitted by Article XI, no more than 10% of a middle (Zone 2) or outer (Zone 3) outstanding resource water buffer shall be regraded or otherwise disturbed. Those activities permitted in the outstanding resource water inner buffer shall also be permitted in the middle and outer outstanding resource water buffer, and shall not be counted towards the 10% disturbance allowance in Zones 2 and 3.

During construction, the boundaries of outstanding resource water buffers shall be clearly identified on the site and protected by orange construction fencing, and those slated for ongoing preservation shall be protected from disturbance by flags or other proper barrier and signage.

Until determined more precisely by field investigation, wetlands will be presumed to exist on any property where a water feature exists, or where a National Wetland Inventory (NWI) Map identifies a wetland or water feature, or where any soil map unit, as mapped in Schuylkill Township by the Natural Resources Conservation Service (NRCS), is a hydric soil listed in the definition in this article. The limits of all wetlands, lakes, and ponds on a site shall be delineated and flagged by a qualified professional. Such professional shall certify that the methods used to delineate the wetlands correctly reflect currently accepted technical criteria and the three-parameter methodology (vegetation, soils, and hydrology) prescribed by the United States Army Corps of Engineers and the Pennsylvania Department of Environmental Protection.

All wetlands boundaries shall be clearly identified on the site and protected from disturbance during construction activity by flags or other proper barrier and signage.

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

Anyone proposing a use, activity, or improvement which would entail the disturbance of wetlands shall provide the Township with proof that the Pennsylvania Department of Environmental Protection and the US Army Corps of Engineers have been contacted to determine the applicability of state and federal wetland regulations.

For the purposes of this article, a wetland buffer shall apply to lakes and ponds.

No more than 10% of a wetland buffer shall be graded, regraded, or otherwise altered or disturbed.

Any activity that alters the existing structure of a woodland or hedgerow. Alterations include the cutting or removal of canopy trees, subcanopy trees, understory shrub and herbaceous species; and

Any activity that constitutes a land disturbance (exposes soil, alters topographical contours, and any other natural environmental features) within a woodland or hedgerow.

Tree replacement shall be required:

In determining the extent of the woodland disturbance, said disturbance shall include the entire area within the dripline of any tree comprising a wooded area where any portion of the dripline of such tree is subject to disturbance.

Tree replacement shall not be required for invasive species as identified by the Pennsylvania Department of Conservation and Natural Resources (PADCNR) or other authority recognized by the Township.

Where a tree designated for preservation is severely damaged by construction (or is clearly not going to survive) as identified by an authority recognized by the Township within two years of the end date of construction, tree replacement shall occur as provided for herein. Development escrows may be used for this purpose.

When required, the replacement of trees shall occur on the same lot or tract where disturbance occurs or designated location within the Township as approved by the Township, except as may otherwise be permitted in § 370-225E(2)(d), and shall occur as prescribed in the following table.

Replacement trees shall be of nursery grade quality, balled and burlapped.

Where a quantity of replacement trees is required but are not suitable for the particular site prescribed due to the size of the site or other limitations, the following alternative may be undertaken, as approved by the Township:

The type of replacement trees shall be the same species as removed from the site or another species acceptable to the Township Zoning Officer unless the tree removed was an invasive or nonnative plant species. The choice of replacement trees shall be approved by the Township Zoning Officer.

Specimen trees retained shall be credited toward the tree replacement requirement at a ratio of three trees credited for each one specimen tree retained. Specimen trees retained are to be within the tree protection zone. When a specimen tree to be retained is severely damaged by construction (or is clearly not going to survive) within two years of the end date of construction, tree replacement shall be provided for all damaged trees. Trees credited for a specimen tree that was damaged will be provided and the Township Zoning Officer will designate the location of replacement trees.

Replacement trees shall have been grown within the same USDA hardiness zone as the lot or tract and shall be nursery grown, except those deemed by the Township Zoning Officer to be acceptable for transplanting from other disturbed portions of the lot or tract.

Species of replacement plantings shall reflect careful site evaluation, including:

The planting of replacement trees shall be done by or supervised by a person with horticultural training in tree care and planting methods as recognized by the Township Zoning Officer.

Newly planted replacement trees shall be monitored by the property owner for a period of two years to ensure the health of the trees. If a replacement tree(s) dies or is dying within the one-year period, the applicant or property owner shall replace the said tree(s) at no cost to the Township within a timely manner not to exceed three calendar months.

Except for the exemptions set forth in § 370-225E(2), no trees shall be cut or otherwise removed from any lands in the Township without a tree removal permit.

All applications for approval of a subdivision or land development, building permit, special exception, conditional use, or zoning variance requiring tree removal shall include an application for a tree removal permit. Any lot owner wishing to remove trees in connection with any application shall comply with the appropriate subsections of this section.

Applications for tree removal permits shall be submitted to the Zoning Officer for review and approval. The review process will not exceed 15 calendar days. No work is to commence without an approved permit.

No tree planted or preserved as part of any landscape plan or in accordance with any street tree requirement approved in conjunction with a subdivision or land development plan shall be removed, except for such trees directed to be removed pursuant to other sections of this article.

An owner may remove trees which are dead or dying (except within an inner riparian buffer), diseased trees, trees which have suffered damage, or any tree whose angle of growth makes it a hazard to structures, roads, or human life. However, a permit must be submitted to the Township containing evidence of the grounds for meeting this exception prior to removal of the trees. The permit will not include any fee.

Removal of trees which cause risk to public safety and welfare or are at risk of causing structural damage to buildings or foundations or septic systems. However, a permit must be submitted to the Township containing evidence of the grounds for meeting this exception prior to removal of the trees. The permit will not include any fee.

The Township's fee for filing a tree removal permit shall be established by resolution.

Trees expressly grown for or by commercial nurseries, fruit orchards, and Christmas tree farms.

Trees removed in conjunction with farmland greater than five acres in size that will be actively devoted primarily to agricultural uses, except that where the owner desires to remove any trees for the purpose of expanding farmlands, an inventory of trees to be removed, identified by size and species, shall be prepared and filed with the Township Zoning Officer prior to any tree removal. In the event the expanded farmlands are not actively devoted primarily to farming activities for a period of seven years following tree removal, the tree replacement provisions of § 370-225D(2) shall apply.

Trees removed as part of industrial or commercial tree harvesting for timber removal where the value of the timber exceeds $2,000.

Trees removed from existing residential lots that are less than eight inches DBH.

Trees removed from existing residential lots (up to one acre or multiple thereof) where removal is no more than three nonspecimen trees of greater than or equal to eight inches DBH in any two-year period per acre.

Any tree which is located within a cemetery.

Trees directed to be removed by municipal, county, state, or federal authority pursuant to law.

Pruning or removal of trees within the right-of-way by utility companies for maintenance of utility wires or pipelines and the pruning of trees within sight easements.

Trees that have already fallen due to natural causes, such as disease or extreme weather.

Name and address of the owner of the lot or tract and legal status (individual, partnership, corporation, etc.).

Description of the lot or tract where removal is to take place, including lot and block numbers and street address as assigned.

A plant schedule of all trees to be removed with a DBH equal to or greater than eight inches identified by size and species, including total number of each species to be removed.

Purpose for tree removal (new construction, street or roadway, driveway, utility easement, recreation areas, parking lot, etc.).

Sufficient information to allow a determination that the proposed tree removal is consistent with the woodland removal limitations and standards of this section and any other applicable ordinance requirements.

Such other information as may be deemed necessary by the Zoning Officer to effectively process and evaluate such permit application.

Fees shall initially be established by the Board of Supervisors but may be reviewed at the discretion of the Board of Supervisors. The determination as to the appropriate fees may include consideration of the DBH of the trees.

Proof that the replanting requirements set forth above will be followed as set forth herein.

Where the tree removal permit application is submitted as part of an application for a subdivision or land development, the time for approval shall be governed by the timing requirements applicable to subdivision and land developments.

Where the application is made in connection with a lot that is not part of a subdivision or land development, the Township shall act on the application within 15 days of its receipt or within such additional time as is consented to by the applicant. Failure to act on the application within 15 days, or any agreed to extension thereof, shall be deemed to be an approval of the application.

Approval by default with regard to subdivision or land development plans shall not be deemed a waiver of the tree removal permit.

If granted for a lot or tract for which no building permit is required, one year from the date of issuance.

If granted for a lot or parcel of land for which a building permit is required, but for which no subdivision or land development approval is required, until expiration of the building permit granted with such tree removal permit.

If granted for a lot or tract of land for which land development approval is required by the Township as a condition precedent to obtaining a building permit, until expiration of the land development approval or expiration of the building permit issued after such site plan approval.

If granted for a lot or tract of land for which minor subdivision is sought, one year from the date of granting of approval for such minor subdivision.

If granted for a lot or tract of land for which approval of a major subdivision is sought, until expiration of such approval.

Prior to taking final action upon any application for a tree removal permit, an inspection of the site shall be made by the Township Zoning Officer or his/her designee.

Prior to any tree removal, all trees shall be marked and areas to be cleared identified, all of which shall be inspected by the Township.

The Township shall periodically inspect the lot or tract to verify compliance with this article. Such inspection shall be made of the lot or tract referred to in the permit application and of contiguous and adjoining lands, as well as of lands in the vicinity of the application, for the purpose of determining drainage and physical conditions thereon.