§ 150.23  GENERAL REQUIREMENTS.
   (A)   Documentation.  The developer shall submit the following documentation to the county:
      (1)   A forest stand delineation for the net tract area on which the development is located, as required by § 150.24; and
      (2)   After approval of the forest stand delineation and concurrent with the preliminary plan submittal, a forest conservation plan for the net tract area on which the development is located, as required by § 150.25.
   (B)   Critical root zone.  No person shall perform any construction activity within the critical root zone of any tree that is to be retained or within any area designated for retention, unless such activity is identified on the forest conservation plan and approved by the county.
   (C)   Tree protection.  The developer shall use methods approved by the county as set forth in the Technical Manual, to protect individual trees and forest areas designated for retention during construction. Any tree protection method that is outlined in the Technical Manual shall be reviewed and approved by the county, prior to its inclusion in any forest conservation plan or field implementation, to ensure the method is suitable for the site.
   (D)   Standards for trees planted adjacent to electrical utility rights-of-way.
      (1)   Any trees planted within 15 feet from the center of the distribution pole line (<69 kilovolts) shall conform to the recommended tree list for trees that grow less than 25 feet at maturity (Green Zone as specified in Street Trees Fact Sheet/Penn State University/Planting Zones BGE Tree Planting Guide). Trees that do not conform to the recommended list for this planting zone may be removed at the sole discretion of the utility.
      (2)   Any trees planted in the area beginning at the 15-foot line up to 40 feet from the center of the distribution pole line should not have a mature height exceeding 40 feet (Yellow Zone as specified in Street Trees Fact Sheet/Penn State University/Planting Zones BGE Tree Planting Guide).
      (3)   Utilities may mitigate hazard trees that are situated at any distance from the overhead lines that have the potential to damage overhead lines. Mitigation may be performed either by trimming or by complete removal of the tree. Hazard tree determination and mitigation technique selection shall be at the sole discretion of the utility.
      (4)   Any tree that is allowed to regenerate to satisfy this subchapter or other vegetation enhancement requirements shall conform to the requirements of this section.
   (E)   Easement. An easement for long-term protection shall be provided for all retention, reforestation, afforestation, off site reserve, and forest bank areas. The easement shall be conveyed to the county at the time of recordation of the plat or PWA, or other final approval by the county, as applicable. Prior to acceptance by the county of an easement, the county may require that adequate fencing or other protective measures be implemented to prevent violations of the easement from occurring.
   (F)   Limit of disturbance.  The minimum limit of disturbance shall include:
      (1)   Forested areas:
         (a)   The foundation of any structure plus a minimum of 60 feet from the outside perimeter of the foundation;
         (b)   The septic area;
         (c)   The driveway; and
         (d)   Any other grade change anticipated on the lot.
      (2)   Nonforested areas:
         (a)   The foundation of any structure plus a minimum of 30 feet from the outside perimeter of the foundation;
         (b)   The initial active septic area;
         (c)   The driveway; and
         (d)   Any other grade change anticipated on the lot.
(2004 Code, § 115-4)  (Ord. 98-4, passed 11-18-1998; Ord. 02-03, passed 3-14-2002; Ord. 03-04, passed 1-30-2003; Ord. 04-05, passed 4-1-2004; Ord. 07-08, passed 5-3-2007; Ord. 2011-03, passed 5-17-2011)