1. Applicability. All activities and uses established after the effective date of this Ordinance shall comply with the following standards. Any site alterations, regrading, filling, or clearing of vegetation shall be done only after the granting of a zoning permit, in accordance with Article 12 or the approval of subdivision or land development plans in accordance with the Township Subdivision or Land Development Ordinance and the approval of building permits.
A. Natural resources that are regulated by § 509 shall not be disturbed or altered prior to the application for a Township permit and approval by the Township. If healthy trees are removed, land is graded, or land drained for agriculture less than three (3) years before an application is submitted for a Township permit or subdivision or development approval under § 509 , then such trees shall be presumed to have been removed, land graded or land drained in anticipation of the development, and the land shall be regulated as if the trees, watercourses or wetlands and pre-existing graded were still in place. In no case shall total woodland preservation on a property fall below the standards enumerated in table 509.B.
(1) If trees were removed in excess of the limits set forth in Township ordinances, the current landowner or developer shall be required to replace trees removed during such 24- month time period.
(2) If trees were removed in excess of the limits required by a Township development approval, then the applicant shall be required to replace such trees that were removed within 9 months with trees of similar species, subject to approval of the Township.
(3) Replacement of trees shall be based upon the actual number and size of trees or forest that was removed that was in excess of the allowed disturbance. For each caliper inch of such trees that were removed, a minimum of 3 caliper inches of new trees shall be planted.
(4) If it is not possible to determine the caliper inches of trees that were removed in excess of the allowed disturbance, then a minimum of 2,000 caliper inches of trees per acre shall exist after replanting. If there is mutual consent of the Township and the applicant, then such replacement tree planting may be allowed to occur on an alternative site that serves a public benefit. All costs of re-planting of trees, whether on-site or off-site, shall be the responsibility of the applicant.
(5) Any tile installation for land draining shall be removed and the watercourses or wetlands restored to the satisfaction of the Township. In the event that the original extent of watercourse or wetland cannot be determined, the amount of required riparian or wetland buffer shall be doubled in the disturbed area.
(Ord. 156, passed 4-27-2010)
B. The following natural resources shall be protected in the percentages listed for each zoning district:
Table of Natural Resource Protection Standards by District
| |||||
Natural Resource Protection Standards | AD | WS or RP | RR or DD | VC or VR | PI o |
Table of Natural Resource Protection Standards by District
| |||||
Natural Resource Protection Standards | AD | WS or RP | RR or DD | VC or VR | PI o |
100-year floodplains | 100% | 100% | 100% | 100% | 100% |
Lakes and ponds | 100% | 100% | 100% | 100% | 100% |
Wetlands | 100% | 100% | 100% | 100% | 100% |
Streams and watercourses | 100% | 100% | 100% | 100% | 100% |
Slopes– | |||||
15%–24% | 20% | 70% | 70% | 70% | 70% |
25%–30% | 30% | 85% | 85% | 85% | 85% |
over 30% | 100% | 100% | 100% | 100% | 100% |
Woodlands | 50% | 80% | 70% | 50% | 40% |
Carbonate geology | *** | *** | *** | *** | *** |
Productive agricultural soils** | 60% | 0% | 0% | 0% | 0% |
**Protection shall be in accordance with subsection .2.J. Section 603.D and the list of Productive Agricultural Soils in § 202. ***Shall comply with subsection .2.I. | |||||
(Ord. 144, passed 12-11-2007)
2. Natural Resources and Protection Standards. All natural resources defined by this Section shall be mapped and described in accordance with the Township Subdivision and Land Development Ordinance requirements for the site analysis and resource conservation plan.
A. Floodplain. Any areas of the Township, classified as special flood hazard areas (SFHAs) in the Flood Insurance Study (FIS) and the accompanying Flood Insurance Rate Maps (FIRMs) dated March 16, 2015, and issued by the Federal Emergency Management Agency (FEMA) or the most recent revision thereof, including all digital data developed as part of the Flood Insurance Study and, for areas abutting streams and watercourses where the 100-year floodplain (1 percent annual chance flood) has not been delineated by the Flood Insurance Study, the applicant shall submit a floodplain identification study. The study prepared by a registered professional engineer expert in the preparation of hydrologic and hydraulic studies shall be used to delineate the 100-year floodplain. The floodplain study shall be subject to the review and approval of the Township. All areas inundated by the 100-year flood shall be included in the floodplain area.
(1) Floodplain shall be permanently protected and undeveloped, except that utilities, roads and driveways may cross floodplain where design approval is obtained from the Pennsylvania Department of Environmental Protection and as permitted within the Springfield Township Floodplain Ordinance.
(2) Uses Permitted by Right. The following uses and activities are permitted in floodplain provided that they are in compliance with the provisions of the underlying zoning district, conform to all requirements of the Springfield Township Floodplain Ordinance, are not prohibited by any other ordinance and do not require structures, fill or storage of materials or equipment:
(a) Agricultural uses such as general farming, outdoor plant nurseries, horticulture, truck farming, forestry, and wild crop harvesting.
(b) Public and private recreational uses and activities such as parks, day camps, picnic grounds, boat launching and swimming areas, hiking, and horseback riding trails, wildlife and nature preserves, game farms, fish hatcheries, and hunting and fishing areas.
(c) Accessory residential uses such as yard areas, gardens, and play areas.
(3) Uses Permitted by Special Exception. The following uses and activities are permitted in floodplain by special exception provided that they are in compliance with the provisions of the underlying district, conform to all requirements of the Springfield Township Floodplain Ordinance and are not prohibited by any other ordinance:
(a) Utilities, public facilities and improvements such as railroads, streets, driveways, bridges, transmission lines, pipe lines, water and sewer lines, and other similar or related uses.
(b) Water related uses and activities such as marinas, docks, wharves, boat launches and piers.
(c) Storage of materials and equipment provided they are not buoyant, flammable or explosive, and are not subject to major damage by flooding, and provided such material and equipment is firmly anchored to prevent flotation or movement. Storage or materials and equipment listed in Section 5.04 of the Springfield Township Floodplain Ordinance shall be prohibited.
(d) Stream crossings for utilities, driveways and streets.
(4) Floodplain Protection Standards. No structures, filling, piping, diverting, or stormwater detention basins shall be permitted within the 100-year floodplain, any riparian buffer or wetland except that roads, driveways, utilities, dams, culverts, bridges, storm or sanitary sewer facilities may be located in the 100-year floodplain, riparian buffer or wetland where approval is obtained from DEP, the Township by special exception, and other regulatory agencies that have legal jurisdiction. The following activities are specifically prohibited in the 100-year floodplain, riparian buffer or wetland: deposit of any material including refuse, solid or liquid waste or fill, sediment, or animal wastes; removal of fill or sediment; mining, dredging or excavation; on-site or community sewage disposal systems; removal of natural vegetation including trees, shrubs, and ground cover unless accompanied by replanting of vegetation that serves the same effect; construction of any building or structure, except as permitted by the Springfield Township Floodplain Ordinance; and relocation of a stream bed or removal of a stream bank, except for when the relocation or removal is part of an approved streambank restoration project.
(5) Expansion of Existing Buildings or Structures. When permitted as a variance by the Zoning Hearing Board, any building or structure within the floodplain at the time of enactment of this Ordinance may be altered or extended, provided that:
(a) The alteration or extension conforms to all applicable regulations of this Ordinance and the Springfield Township Floodplain Ordinance.
(b) Any increase in volume or area shall not exceed an aggregate of more than 25 percent of such volume or area during the life of the structure.
(c) No increase of any on-lot sewer system presently located either wholly or partially in the floodplain shall be permitted.
(d) No expansion or enlargement to existing structures shall be allowed within any floodway area that would cause any increase in the elevation of the 100-year flood, unless the effect of the proposed expansion or enlargement on flood heights is fully offset by accompanying improvements.
(Ord. 179, passed 2-24-2015)
B. Lakes and Ponds.
(1) Lakes are permanent bodies of water, naturally occurring or man made, covering an area of 2 acres or more. Ponds are permanent bodies of water, naturally occurring or man made, covering an area of less than 2 acres.
(2) Lake and Pond Riparian Buffers. A riparian buffer area shall extend landward for 75 feet from the waters edge as measured during non-drought conditions.
(Ord. 156, passed 4-27-2010)
(3) Protection Standards. No development, filling, or diverting shall be permitted in lakes or ponds or within lake/pond riparian buffers except where used for farm irrigation purposes in the AD District.
(Ord. 156, passed 4-27-2010)
(4) The excavation, berming, and disturbance of watercourses (or wetlands that lie over limestone bedrock) for the purpose of creating ponds or lakes are prohibited. Maintenance and/or removal of existing structures (such as berms, dams, etc.) for reasons of public safety or welfare are subject to the regulatory oversight of the U.S. Army Corps of Engineers and the PA Department of Environmental Protection.
C. Wetlands and Wetland Riparian Buffers.
(1) Wetlands are critical locations within a watershed where surface and groundwater interact. As such they are the place where water either enters or leaves the aquifer and are potential points of contamination or destruction of either the groundwater or surface water resource. These provisions are designed to protect wetlands and by doing so, protect the groundwater and surface water resources of the Township.
(2) Wetlands are those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and under normal conditions do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. The term “wetlands” shall mean any area meeting the definition of a “wetland” under regulations of PADEP or the U.S. Army Corps of Engineers whichever is more inclusive.
(3) Wetlands include Federal jurisdictional wetlands, stream headwaters, springs, seeps, and lands comprised of and characterized by hydric soils. Wetlands can be formed at the edge of any surface water body, in forests, in floodplains, at springs or seeps. Properties known to contain wetlands, stream headwaters, springs, seeps, hydric soils, lands within a 100-year floodplain, lands listed as containing wetlands in the Cooks Creek Watershed Protection Plan and lands shown to contain wetlands by prior wetland studies shall require a determination as to the existence of wetlands made by a scientist certified in wetland delineation as part of the zoning application. The provisions of subparagraph (6) shall apply. A preponderance of evidence including, but not limited to: presence of obligate and facultative hydrophytic vegetation, hydric soils, floodplains, and hydrology must be reviewed in order to make the determination. All supporting evidence is to be provided with the application. A Federal jurisdictional determination, while helpful, may not be adequate to determine the presence of all wetlands protected by this Ordinance.
(4) Wetland-prone soils in Bucks County include, but are not limited to, Bowmansville, Doylestown, Hatboro, Fallsington, Towhee, and Towhee Stony. Other wetland indicators are wetland vegetation and certain hydrologic conditions.
(5) Wetlands/Wetland Riparian Buffer Protection Standards.
(a) Wetlands shall not be altered, re-graded, developed, filled, piped, diverted, or built upon except that a road, driveway or utility may cross wetlands where a special exception is obtained from the Zoning Hearing Board after the applicant demonstrates that there is no feasible means to provide access to the property or to reasonably engage in a permitted use on the property except by disturbance of the wetland riparian buffer. The property owner/applicant shall identify wetlands and where encroachment is anticipated shall obtain the applicable State and Federal permits.
(Ord. 149, passed 4-29-2008)
(b) A wetland riparian buffer shall be required that shall extend from the outer limits of the boundary of each wetland. The width of this wetland riparian buffer shall be 75 feet, except it shall be 25 feet for a wetland that: 1) includes less than 10,000 square feet of contiguous land area that are shown to not be hydrologically connected to another wetland(s) and where the aggregate of all connected wetlands on adjacent lots is less than 10,000 square feet, or 2) is not spring fed.
(c) Within the wetland riparian buffer, the same regulations that are in place for wetlands shall also apply. Where a requirement for a wetland riparian buffer and a requirement for a watercourse riparian buffer overlap, (as in the case of a wetland adjacent to a watercourse, lake or pond), the buffer or buffer zone that is more strictly regulated shall apply.
(d) An applicant may petition the Board of Supervisors for an exception to these regulations if the wetland is shown to be isolated from hydrologic connection to a surface water body, was created by artificial conditions, provides no valuable habitat or stormwater abatement function, or if the applicant establishes to the Township’s satisfaction that the proposed use would not affect either groundwater or surface water quality and/or hydrology.
(e) The applicant shall identify all wetlands and wetland riparian buffers on plans submitted to the Township, and shall identify any proposed encroachment into wetland riparian buffers. The applicant shall obtain all necessary Federal and State permits prior to or as a condition of Township approval.
(f) In wetlands, the entire wetland and wetland riparian buffers are subject to the restrictions of the “minimum disturbance zone” of the watercourse riparian buffer regulation in paragraph .D, except in those cases where all or part of the wetland lies within the “no disturbance zone” of the watercourse riparian buffer regulation. In those cases, the stricter regulation applies.
(6) Wetland Studies.
(a) Prior to land development or other earth disturbances governed by this Ordinance, it shall be the responsibility of each applicant to establish that the lands which will be disturbed do not contain wetlands. A wetlands study prepared by a scientist certified in wetland delineation shall be performed in accordance with the regulations of the Pennsylvania Department of Environmental Protection or the United States Army Corps of Engineers, whichever is more inclusive of wetlands.
(b) A jurisdictional determination by the Army Corps of Engineers shall be considered but shall not be the sole determination as to the status of the wetlands where that determination conflicts with a wetlands study performed by another qualified wetlands consultant. The Board of Supervisors of the Township shall make the final determination with respect to activities requiring Township approval by this Ordinance or the Township Subdivision and Land Development Ordinance.
(c) All wetland delineation studies are subject to review and acceptance by the Township. The Township may require an independent review of the wetland delineation provided by the applicant, with the Township selecting such consultant, and with the applicant responsible to pay the costs of such review. In the event of a dispute, the delineation that provides the greatest restriction to development or disturbance of the resource applies.
(d) Alternatively, an applicant may obtain a waiver of the wetland study requirement by agreeing to the limits of the regulated wetland as determined by the Township.
(Ord. 156, passed 4-27-2010)
D. Streams and Watercourses and Stream/Watercourse Margins.
(1) Streams and watercourses, even those that do not retain year round flow, are critical to the health and functionality of aquatic ecosystems. These same systems are also important for the efficient transport and passive treatment of stormwater runoff, ameliorating both environmental and economic damage. In addition to serving the overall objectives of this Ordinance, this Section is intended to ensure the long-term viability of the waterway as both wildlife and aquatic habitat, for stormwater conveyance in a manner that avoids damage to environmental features, to minimize erosion and sedimentation and to protect water quality.
(2) Streams and watercourses affected by this Ordinance shall include perennial, intermittent and ephemeral streams as defined in § 202. Streams or watercourses may or may not have flow during all parts of the year. Streams and watercourses are as mapped in this Ordinance, or as referenced in the Cooks Creek Watershed Protection Plan (Durham EAC, 2001), the Springtown Sourcewater Protection Plan (Springfield EAC, 2006) or as provided for and adopted by agencies of the Township and the Board of Supervisors, whichever is more inclusive
(3) Zones marginal to streams and watercourses preserve the natural environment (including aquatic and wildlife habitat) and function to purify water and to maintain existing surface and subsurface water hydrology dynamics before water reaches the watercourse and/or wetland. Such margins serve to minimize the negative influence or increased runoff, sedimentation, biochemical degradation, and thermal pollution. Margins are also intended to provide and protect wildlife habitat.
(4) The applicant is responsible for determining the specific hydrologic conditions of at the site before making application and to designate all streams and watercourses and their margins on plans submitted. The Township reserves the right to obtain a consultant to verify the delineation of streams and watercourses and their respective margins with the cost to be borne by the applicant. The Township may require further that a hydrologic study be performed at the expense of the applicant to determine the hydrologic conditions during average springtime non-drought conditions. Furthermore, the locations of any natural or man-made springs or seeps on the lot shall be shown on any subdivision, land development or building plan submitted to the Township.
(5) Stream and Watercourse and Stream/Watercourse Margin Protection Standards.
(a) Development, alterations, wastewater discharge and uses adjacent to and potentially impacting upon the streams and watercourses of the Township are subject to the restrictions of the PA Department of Environmental Protection in keeping with the status of that watershed. Special exceptions and variances from this Ordinance affecting a stream for activities in the Cooks Creek Watershed must demonstrate that the proposal will not alter the exceptional value status of this critical resource.
(b) A stream/watercourse riparian buffer shall be required that extends 100 feet from the active bank of a perennial or intermittent stream, and 10 feet from the bank of an ephemeral stream. In the cases where no obvious bank exists, then the topographic low point of the swale shall be used as the center point and the buffer shall be measured from this point instead. This riparian buffer shall consist of up to two zones (no disturbance and minimal disturbance):
1) A 100-feet riparian buffer shall have a minimum 40-feet wide no disturbance zone and a 60-feet wide minimal disturbance zone in sequential order from the bank of the active stream/watercourse.
2) A 10-feet riparian buffer shall be composed entirely of the minimal disturbance zone as measured from the bank of the ephemeral stream.
3) The No Disturbance Zone of the riparian buffer shall allow fishing, trapping, hunting, hiking, wildlife watching, physical (not chemical) removal of invasive species, planting of native plants, streambank restoration (see subsection .2.E) and stream monitoring studies. Driveways, road or utility crossings are permitted by special exception if engineered for minimal impact and if shown that there is no feasible alternative. Projects that can be shown to result in no impact to the quality and volume of surface and groundwater flows or disrupt the hydrologic/hydrogeologic connection with adjacent stream or springs may also be permitted by special exception. All other uses are not permitted. See subsection .2.E for procedures for exceptions from riparian buffer requirements.
4) Minimal Disturbance Zone of the riparian buffer shall allow gardening and farming, tree and shrub removal, physical (not chemical) removal of invasive species, restoration of native species, installation of posts with or without individual concrete footings, pervious pathways, as well as all uses allowed by right in the No Disturbance Zone. Pond construction, projects that can be shown to result in no impact to the quality and volume of surface and groundwater flows or disrupt the hydrologic/hydrogeologic connection with adjacent stream or springs, and driveway or utility crossings may also be permitted by conditional use approval upon review by the Planning Commission and Environmental Advisory Council. All other uses are not permitted. See paragraph subsection .2.E for procedures for exceptions from riparian buffer requirements.
(Ord. 156, passed 4-27-2010)
(c) Stormwater conveyed through artificial means may not be discharged directly into a watercourse, but may be allowed to be discharged into a buffer area provided that the velocity of the flow has been reduced through engineered or natural means such that sheetflow is generated and the integrity of the buffer is not harmed by the discharge.
(d) No buildings, structures except for livestock fence, vehicle parking, driveways or roads shall be placed within a watercourse margin, except that a driveway, road or utility may cross a stream/watercourse margin if special exception approval is obtained from the Zoning Hearing Board and if the applicant proves to the Zoning Hearing Board that all of the following conditions are met: (1) this crossing has been engineered to ensure continued functionality of the stream or watercourse using best engineering practices at the time of the proposal in order to minimize environmental impact, (2) no other access to the property is available, and (3) the crossing disturbs the minimum possible area of the stream/water course margin.
(Ord. 149, passed 4-29-2008)
E. Study Requirements for Exceptions to Riparian Buffer Protections.
(1) Disturbance to riparian buffers for the purposes of streambank or streambed restoration is permitted by right in all districts, provided that a plan for restoration of the streambank/streambed receives approval from the Township. Restorations should adhere to the “Guidelines for Natural Stream Channel Design for Pennsylvania Waterways” dated March 2007, developed by the Keystone Stream Team (www.keystonestreamteam.org) or its equivalent. Prior to initiating work on any streambank or streambed restoration project, the applicant must obtain all required Federal and State permits for the activity.
(2) Stream crossings for road or utility construction may also require additional information. The applicant is encouraged to utilize minimally invasive methods, including open- bottomed culvert design and crossing techniques that tunnel under rather than disturb the stream bed. The applicant must obtain all required Federal and State permits for the activity.
(3) Departure from the wetland buffer and riparian buffer restrictions listed above, as provided for in subsection .2.D(5)(b), whether in the no disturbance or minimal disturbance zone, and in support of their application for exception, shall submit the following information (except as otherwise provided herein):
(a) Contour map showing floodplains, lakes/ponds, wetlands, springs, and streams, including perennial and ephemeral streams, on the site.
(b) Geologic formation underlying the site.
(c) Slope features using 2-foot contours within the riparian or wetland buffer and other areas of the proposed development, including size and degree of slope. The significance of these slope characteristics in contributing to runoff and erosion to the watercourse and wetland will be addressed. The extent of exposed soils and time period of exposure of readily erodible soils will be presented.
(d) Soil types, including a description of soil permeability and porosity, on the proposed development site and in the riparian or wetland buffer will be mapped and a discussion included in how surface waters filter into the ground at the site. The erodibility potential of the soils in the riparian or wetland buffer and the remainder of the site shall be discussed.
(e) Types and amount of vegetative cover in the riparian or wetland buffer and proposed development site. A discussion should be presented on how changes to this vegetation will continue or enhance soil stabilization and retard runoff at the site.
(f) Hydrological features of the watercourse and wetland along the proposed development site including depth (for ponds and lakes several depth profiles shall be presented), discharge (cfs), hydrologic continuity of various watercourses (linkages to any wetlands, streams or ponds), evidence of channel enlargement, stream substrate, incidence of extreme flooding, condition of banks.
(g) Occurrence of critical features pertaining to carbonate bedrock areas. The significance of these features to the watercourse relating to the proposed development is to be discussed.
(h) Areas of significant wildlife habitat within the riparian or wetland buffer.
(i) Occurrence of development hazard areas within the riparian or wetland buffer and proposed development site including, but not limited to, dumps, oil and gas pipelines, automobile salvage yards, and gas stations.
(j) Type and location of construction activity.
(k) Elevation of 100-year floodplain.
(4) If introduction of pollutants or sediment, and/or modifications to runoff can be expected within the riparian or wetland buffer, the following additional information shall be provided in the report:
(a) Wetland vegetation (including herbaceous and woody) is to be mapped; a discussion of its use by wildlife and sensitivities to water level and potential pollutants that would be introduced by the proposed development will be described.
(b) For ponds/lakes, existing phytoplankton, epiphytes, fish and invertebrate communities are to be discussed. Existing or past problems involving eutrophic events involving the system are to be discussed.
(c) Existing water quality for lakes, ponds, and streams including dissolved oxygen (mg/l), temperature (C), pH, nitrate (NO3-N in mg/l), nitrite (NO2- in mg/l), ammonia (NH3-in mg/l), total phosphorus (as P in mg/l), orthophosphate (PO4-P) in mg/l), total hardness (as CaCO3 in mg/l), Ca hardness (as CaCO3 in mg/l), Mg hardness (as CaCO3 in mg/l), alkalinity (as CaCO3 in mg/l), suspended sediment and turbidity (JTU).
(d) For streams a description of existing flora and fauna along the proposed development corridor should be included. This description should include data on the composition (number and kinds) of fish, invertebrates and algae and the availability and condition of habitats for diverse trophic levels. Discussion should also address potential problems to the ecology relating to the proposed development.
(5) For all watercourses/wetlands within the site, existing levels of water pollution and runoff volumes should be identified. The relative contribution of pollutants and adverse hydrological modification to the stream, pond, lake, or wetland from upstream areas is to be addressed; any exacerbating effects of the proposed development should be discussed.
(6) In any application before the Township and/or Zoning Hearing Board, the first 40 feet from the bank of the stream/watercourse shall receive the highest level of protection because it has the greatest impact upon water quality.
(7) Crossings. Any street, driveway or utility crossing of an intermittent or perennial stream shall be approximately perpendicular to the stream.
(8) Plantings. Publications of the Pennsylvania Department of Conservation and Natural Resources (including “Stream ReLeaf”) should be used as guidelines for the planting or replacement of a vegetative buffer along a creek. Plantings should be designed to provide shade for the stream, control soil erosion and stabilize stream banks. These publications include recommended species. Native species of vegetation shall be used, unless the Township specifically approves alternate species. If required trees and plants do not survive 18 months, the current owner of the property shall replace them within 100 days of notification (or as discovered).
(9) Applicants, prior to seeking a special exception or conditional use approval for disturbances of the riparian or wetland buffer regulations, may submit their proposal to the Environmental Advisory Council for an advisory opinion. The Environmental Advisory Council shall render its written opinion within 45 days of the date that the proposal is submitted. Where the Environmental Advisory Council determines that the proposed disturbance will have a “de minimus” or “minimal” impact, it may recommend to the Zoning Hearing Board or Board of Supervisors as the case may be, that some of the requirements of subparagraph (3)–(5) be waived. However, neither the Zoning Hearing Board nor the Board of Supervisors shall be bound by this recommendation. The Planning Commission shall also be allowed the same opportunity to comment on the application. If either of the bodies fails to comment on the application, the Supervisors or ZHB will assume that the body has no comment. In no cases will activities be allowed that could result in degradation of the waterbody for which the buffer is provided to protect.
(Ord. 156, passed 4-27-2010)
F. Reserved.
(Ord. 144, passed 12-11-2007)
G. Woodlands.
(1) Woodlands shall be subject to the restrictions specified herein when the woodland area is greater than 0.25 acre and where the largest trees are at least 6 inches in diameter measured 4.5 feet above the ground or where the density of trees is at least one tree of at least 6 inches in diameter per 1,500 square feet of lot area.
(2) Areas with restrictions due to woodlands as required by this Ordinance shall be left undisturbed except as permitted pursuant to an approved zoning permit for Use A-3, Forestry, and shall not be cleared or occupied by structures, driveways, on-lot wells or sewage disposal systems, or other improvements. The woodland area shall not be planted in lawn and shall remain in its natural conditions with the natural forest ground cover left intact.
(Ord. 149, passed 4-29-2008)
(3) Mature trees and wooded areas not within a woodland as described in § 510.2.G(1) shall be identified and shall be protected as follows:
(a) Wooded Areas Other than Woodland. Wooded areas other than woodland as described in § 510.2.G(1) includes nurseries, orchards, and abandoned fields where successional tree growth is occurring. No more than 40 percent of the total caliper-inches of mature trees (over 3 inches in diameter measured 14 inches above ground level) shall be removed or cleared except as specifically provided for by this Ordinance. Trees greater than 20 inches in diameter measured 4.5 feet above ground shall not be removed. These restrictions do not apply to the removal of nonnative invasive species. For the list of Pennsylvania Invasive Plants, refer to the following website:
(b) Mature Trees Outside of Woodland Areas. Mature trees are those greater than a 3-inch diameter measured 4.5 feet above ground or 20 feet in height and which stand outside of woodland areas as described in § 510.2.G.(1). Such trees shall be protected at the percentages established by § 510.2.B(1), Table of Natural Resource Protection Standards by District. Except in the AD, VC, VR, PI, or HC Districts, any permitted removal of mature trees shall be undertaken to maintain the existing continuous canopy of trees where a continuous canopy exists. Trees greater than 20 inches in diameter measured 4.5 feet above ground shall not be removed.
(c) Specimen Vegetation. Individual trees or other vegetation determined to be of specimen quality by a natural resource professional such as, but not limited to, a certified landscape architect or arborist or which generally fall within the parameters of the following table shall be protected in accordance with these standards. The examples of specimen trees included in the following table are intended to provide general guidelines and examples of what constitutes a specimen tree. The list is not all inclusive:
Species–Common Name | Minimum Size (Caliper) |
Species–Common Name | Minimum Size (Caliper) |
Apple | 24 inches |
Locust | 30 inches |
Sassafras | 20 inches |
Ash | 32 inches |
Maple | 32 inches |
Spruce | 30 inches |
Beech | 32 inches |
Sycamore | 36 inches |
Cherry | 24 inches |
Oak | 32 inches |
Elm | 30 inches |
Walnut | 30 inches |
Hemlock | 30 inches |
Pine | 30 inches |
Hickory | 30 inches |
Specimen vegetation shall be preserved whenever possible. When a specimen tree cannot be preserved and is approved for removal as determined by the Township, replacement trees shall be installed. For each caliper inch (dbh) of specimen tree removed, a minimum of 3 caliper inches (measured 6 inches above grade) of new trees shall be planted.
(Ord. 149, passed 4-29-2008)
(4) See also the forestry regulations in § 404.A(3) of this Ordinance, which apply when trees are removed that are not part of land development.
(Ord. 149, passed 4-29-2008)
(5) In any case, when a building permit is issued for a building, structure or principal use, removal of trees shall be allowed that are located in the following areas:
(a) On land to be occupied by such building, structure or use.
(b) Within 30 feet of a building or principal use.
(c) On land to be occupied by or within 15 feet of all sides of any utility line, stormwater conveyance or detention structure, driveway, parking area, water system or sewage disposal system or permitted accessory uses.
(d) In any location where the removal of a tree is required under a Township code requirement.
(Ord. 149, passed 4-29-2008)
(6) If a stormwater management plan for a subdivision or land development assumes that a certain percentage of the tract will remain wooded, then the Board of Supervisors may require conservation easements to be put into effect by the developer to permanently limit tree removal on each lot so that such overall percentage of woods will remain in place. The Board of Supervisors shall approve the enforcement mechanism for such easement. The Board of Supervisors may require that the easement be enforceable by the Township and/or by any adjoining property owner.
(Ord. 149, passed 4-29-2008)
(7) If trees are removed prior to a development application or in excess of the allowed amount, then subsection .1.A shall apply.
(Ord. 149, passed 4-29-2008)
H. Tree Protection Area.
(1) The tree protection area refers to the areas around woodlands that are to be protected under the provisions of this Ordinance. The purpose is to ensure that trees that are to be protected do not suffer damage during the development. The tree protection area is an area radial to the trunk of a tree and shall be 15 feet from the trunk of the tree to be retained, or the distance from the trunk to the drip line (the line marking the outer edge of the branches of the tree), whichever is greater. Where there is a group of trees or woodlands, the tree protection area shall be an area encompassing the protection areas for the individual trees.
(2) A tree protection area shall be designated around the area(s) of woodlands to be protected, within which no construction activity or grading shall occur.
(3) The tree protection area on a development site shall be fenced prior to construction activities (including clearing) to protect the area from unauthorized grading or tree removal. Tree protection fence shall be maintained by the property owner/developer until completion of construction activities.
(Ord. 149, passed 4-29-2008)
(4) The tree protection area shall be clearly shown on all grading plans.
I. Carbonate Geology Areas. In accordance with § 605(2)(iii) of the Pennsylvania Municipalities Planning Code, this Ordinance and other applicable Township ordinances regulate and restrict uses in areas of hazardous geological formations, including carbonate (limestone and dolomite) areas.
(1) A carbonate geology study is required within areas of the Township underlain by carbonate bedrock (limestone or dolomite) (1) prior to issuance of a zoning permit for any foundation-related excavation or increases in impervious surface by more than 500 square feet (see subsection (2)(a) below), and (2) prior to preliminary plan approval for each subdivision and/or land development.
(a) These carbonate areas are defined, inclusively, by maps in the following publications: Durham Valley Geologic Features (Conservation and Management Practices for Buckingham and Durham Carbonate Valley, Bucks County Planning Commission, 1985); Cooks Creek Watershed Conservation Plan (Durham Township Environmental Advisory Committee, 2000); Geologic Map of Pennsylvania (Berg, T. M., et al., 1980, PA Geologic Survey). Properties underlain by limestone or dolomite bedrock (but not by carbonate fanglomerates), demarcated by the studies cited above, are delineated on the Springfield Township Carbonate Geology Overlay Map (Appendix E), as adopted and as may be revised by the Township.
(b) Such areas may have natural drainage developed beneath the soil column by dissolution of the underlying carbonate bedrock: a process called “Karstification.” Because of this subsurface dissolution, such areas are susceptible to surface collapse and subsidence caused by physical and chemical erosion of soil and bedrock. These areas are especially susceptible to rapid contamination of ground water by movement of sediment and liquid wastes, contaminated surface water, septic tank effluent, or other hazardous substances through fractures, solution openings, and fissures within the rock.
(2) Protection Standards.
(a) In carbonate geology areas, exemption criteria for impervious surface areas listed in the Stormwater Ordinance, Section 105.B, apply only to activities less than 500 square feet in area that do not involve foundation excavation. All impervious surface expansions beyond 500 square feet, and all excavations for foundations or footings must undertake an approved carbonate geology study to obtain zoning permit approval.
(b) For impervious surface expansion less than 500 square feet, a grading/stormwater management plan must be implemented that results in sheetflow over vegetated, stabilized ground and precludes ponding.
(c) For impervious surface expansion greater than 500 square feet, a professional engineer shall design a BMP stormwater control structure. Stormwater management facilities including, but not limited to, detention/retention basins, Disconnected Impervious Area BMPs (see Stormwater Ordinance, Section 306.D.8 and Appendix E), and flow attenuation swales, shall be located at a safe distance, which shall in no case be less than 100 feet from the rim of sinkholes, closed depressions, and disappearing streams and no closer than 50 feet from fracture traces, or carbonate outcrops. Furthermore, these facilities shall not be placed above bedrock pinnacles, as soils adjacent to pinnacles are most susceptible to collapse.
(d) Outflow from a stormwater management basin and stormwater flow generated as a result of development shall not empty into or be directed to any of the following carbonate features: sinkholes, closed depressions, fracture traces, caverns, ghost lakes, or disappearing streams.
(e) No principal structure or accessory building that is built on a foundation or footings shall be located any closer than 100 feet from the rim of sinkholes or closed depressions or 100 feet from ghost lakes, fracture traces, or disappearing streams unless a detailed surface and subsurface investigation has been performed and procedures provided to mitigate any threat of the feature(s) on groundwater quality and stability of surface and subsurface structures to the satisfaction of the Township.
(f) A licensed professional geologist experienced with carbonate terrain must perform the carbonate geology study. Testing shall involve excavation and examination of the soil profile for evidence of subsidence, suffusion, or collapse. In no case shall the excavation disturb or alter the bedrock/soil interface. Testing may include drilling to establish soil thickness or depth to bedrock, but in no case shall drilling extend more than six inches into carbonate bedrock. Noninvasive, nondestructive geophysical methods that comply with standard engineering practices and that are approved by the Township may provide important information on the topography of the bedrock surface, the soil thickness, and its lateral distribution.
(g) The Township reserves the right to deny any land use that would cause damage to the environment generally and/or groundwater quality, in particular.
(h) All underground utility lines, pipelines, storm sewer, sanitary sewer, and utilities to any structure shall have a dike of clay or other suitable material constructed across the width of the trench at intervals not to exceed 20 feet. Clay dikes shall have a minimum thickness of 18 inches and extend from the bottom of the trench to not less than eight inches from finished surface. Utility trenches less than 20 feet in total length shall contain at least one dike.
(i) Impoundments containing toxic substances are not permitted.
(j) Storage and handling areas for toxic and harmful materials must have impermeable surfaces designed to contain material and direct it to a predetermined collection point.
(k) Storage and handling facilities for toxic and harmful materials shall not be sited in areas of public or private water supplies.
(l) No underground storage of any toxic materials shall be permitted.
(m) All companies handling toxic or harmful materials shall inventory and register these materials with the Township and develop a spill contingency plan acceptable to the Township that includes regular inspection and maintenance programs.
(n) Groundwater monitoring devices are required for all facilities handling toxic or harmful materials.
(3) Carbonate Geology Study. No structure, lot, land, or water shall be used or developed for any purpose and no structure shall be located, extended, converted or structurally altered, under the provisions of subsections 1 and 2(a) above, until the applicant has filed a carbonate geology study with the Township in accordance with the provisions of this subsection.
(a) A licensed professional geologist, with experience in carbonate geology, shall prepare the carbonate geology study. The study shall be based upon field surveys and published data, shall be supported by an explanation of its source(s), and shall include the qualifications of the individuals directly responsible for preparing such information. The Township shall evaluate and accept or reject, in advance, the qualifications of the persons conducting the study. See study review procedures in clause (d) below.
(b) Technical Resources. Although the applicant is responsible for determining carbonate features on the site, the following publications must be reviewed and referenced within the carbonate geology study, as amended or their successor documents:
1) Conservation and Management Practices for Buckingham and Durham Carbonate Valley (Bucks County Planning Commission, 1985).
2) Cooks Creek Watershed Conservation Plan (Durham Township Environmental Advisory Council, 2000).
3) Cooks Creek Watershed Monitoring and Planning Program–Wetland, Management Plan. (Durham Twp. Environmental Advisory Council, 2000).
4) Caves of Bucks County, Pennsylvania (Bucks County Groto, National Speleological Society, 1983).
5) Kochanov, W. E., Lichtinger, J. F., and Becker, Mona, 1993a, Sinkholes and karst-related features of Bucks County, Pennsylvania: Pennsylvania Geological Survey, 4th ser., Open-File Report 93-03 (see: http://www.dcnr.state.pa.us/topogeo/publications/pgspub/openfile/index.htm).
(c) The format and contents of the carbonate geology study shall be as follows:
1) Statement of Purpose. This Section shall address all standards in § 510.2.H(2), the extent to which the standards are applicable to the proposed project, and the method(s) utilized for compliance.
2) Description of Existing Conditions. This Section shall present a description of existing characteristics of the property with respect to geology, topography, ground and surface water hydrology, soils, vegetation, and existing improvements and uses.
3) A map, at a scale no smaller than 1 inch equals 100 feet and contour intervals of 2 feet indicating the location of the property and all proposed improvements thereon.
4) The applicant shall submit information indicating the presence of any of the following carbonate features within 100 feet of all areas proposed for disturbance, grading, construction of buildings and other improvements:
a) Depressions.
b) Fissures, lineaments, faults or fracture traces.
c) “Ghost lakes.”
d) Outcrops of bedrock.
e) Sinkholes and previously filled sinkholes.
f) Soil mottling (indicating seasonal high water table).
g) Springs.
h) Caverns/caves.
i) Disappearing lakes.
j) Disappearing streams.
Such information must be based upon soil testing, field surveys, and published data, and shall be supported by an explanation of its source including the qualifications of the individuals directly responsible for collecting and preparing such information.
5) The applicant shall submit a plan of the site and adjoining properties within 400 feet of the site identifying existing and proposed drainage conditions, locations of all existing and proposed private and public sewage disposal systems, and locations of existing and proposed private and public water supplies.
6) Study shall include soil type(s) and depth(s) encountered on the site, depth and thickness of carbonate rock, and nature and extent of any voids. Results of a representative sample satisfactory to the Township of onsite borings and/or descriptions and photographs of test pits to a depth of at least 6 feet below grade shall be included.
7) Study shall include a stormwater management plan prepared in consultation with a professional geologist or engineer, licensed in Pennsylvania, familiar with Karst geology. Stormwater management design shall be in accordance with the Township Stormwater Management Ordinance and include appropriate safeguards for the water quality of groundwater and all creeks.
8) Description of the Proposed Action. This Section shall describe the proposed action including: types, locations and phasing of proposed disturbances, as well as proposed future ownership and maintenance of the property and proposed improvements. Plans describing the proposed action may be included with the Carbonate Geology Report.
9) If the proposed activity includes installation of a new septic system, or revision of an existing system, a septic management plan prepared in consultation with a professional geologist or engineer familiar with Karst geology shall be included with the carbonate geology study. An estimate of septic loading to the underlying features must be included and the geologist must certify that there will be no threat to public or private water supplies, or to the surface waters of the Township from the proposed septic system(s).
10) Proposed Measures to Control Potential Adverse Environmental Impacts. This Section shall describe all measures proposed by the applicant to avoid any adverse impacts that may occur as a result of the proposed action, and identify the process by which the contractors and subcontractors will address Karst features encountered during construction.
11) List and Qualifications of Preparers. The names, addresses, and telephone numbers and professional qualifications of persons directly responsible for preparing the Carbonate Geology Report, shall be submitted.
12) Appendices. Any additional information that the applicant desires to provide may be included in one or more appendices to the report.
13) The Township may require that additional information be submitted if the Township Engineer or Township Geologist concludes that such information may be instrumental in assessing the potential environmental impact.
(d) The carbonate geology study must be received by the Township with the zoning permit application, or in the case of a subdivision or land development, at the time of preliminary plan submission. Sufficient copies of the study shall be submitted to the Township, as determined by the Zoning Officer based on the scope and scale of the project. The applicant shall pay the costs of reviews by an independent consultant selected by the Township.
(4) Approvals Required. Following review by the Township staff/professional consultants and advisory Boards, as applicable, on any submission under § 510.2.I(3), the Township shall either find that Carbonate geology study and accompanying plans meets the requirements of this Section, require that the study and the accompanying plans be revised, or find that the carbonate geology study does not comply with this Ordinance, in which case the submission shall be returned to the applicant with a letter stating one or more provisions of this Ordinance that were not met.
(a) Where compliance with this Section is required as part of an application for subdivision or land development approval, the Township’s decision on whether compliance has been achieved shall be made as part of its review of the subdivision or land development application.
(b) Where the application is part of a request for a zoning permit, the Zoning Officer shall issue no such permit until the terms of this Section, and any conditions imposed upon the use of the property at the time of subdivision or land development approval are satisfied.
(5) On sites where carbonate features have been identified by the carbonate geology study, the applicant must retain a professional geologist or professional engineer to perform onsite inspection during all excavation, grading, and backfill operations. Final grading shall be inspected by the Township Engineer to verify that it meets plan specifications.
(6) Non-assumption of Liability. In a carbonate geology area, alteration, development, or use of land is inherently hazardous with respect to foundation safety of structures, the creation of unstable land as a result of changes in drainage, groundwater extraction, or discharge of wastewater, and contamination of ground and surface waters. Within the limitations of the information available at the time of review on individual applications, the Township shall attempt to make reasonable judgments as to the applicant’s rights and responsibilities in this Carbonate Geology Area. All applicants and property owners are hereby notified that the Township, Township employees, consultants, and appointees, undertake no responsibility of property, or life, or personal injury due to Carbonate Geology conditions, even if applicants or property owners strictly observe all Township ordinances.
(a) It is also noted that local conditions can cause sinkholes and subsidence of ground in areas outside of carbonate geology not designated as a sinkhole or hazardous area during site plan presentation or review. The applicant and property owner should always make independent investigations of these matters prior to using this land or construction of a building or structure.
(7) A disclosure statement, prepared in a manner satisfactory to the Township, must be provided to each landowner prior to issuance of a zoning permit that informs homeowners of the potential for sinkhole formation on the lot and the heightened concern for groundwater pollution in carbonate geology areas. It must also identify the homeowner’s responsibilities regarding stormwater management, septic system maintenance, and sinkhole management.
(8) Appearance of Geologic Hazards after Site Plan Approval. In certain cases, specific geologic hazards, such as sinkholes, caves, etc., may not be identified during the site plan preparation or review, but will be encountered and uncovered after site plan approval or during or after construction. In those cases, the applicant and/or landowner shall follow the procedures outlined below:
(a) Report occurrence of hazard to the Code Enforcement Officer within 1 business day of the occurrence. The developer and/or landowner shall then report the proposed method of repair to the Code Enforcement Officer as soon as possible, but not more than 7 days after the occurrence. It is recognized that repairs may have to be undertaken on an emergency basis, so in that event, repairs may begin without a zoning permit as long as repairs and restorations are made in compliance with prior approved site plans or zoning permits. However, no grading or construction of buildings shall occur in the area of the hazard until the Township has approved the method of repair.
(b) Repair and maintain repair of the hazard in such a way as to prevent or minimize damage to building, structure, utility, driveway, parking area, roadway and other site improvements, and in such a way as to minimize pollution of the groundwater. Repair shall be accomplished in a manner as directed by the applicant’s professional engineer. A report of the hazard and methods proposed/utilized for repair shall be prepared by the applicant’s professional engineer and submitted to the Township.
(c) Repair and maintain repair of any damage to improvements and restore groundcover and landscaping.
(d) In those cases where the hazard cannot be repaired in such a way as to maintain the integrity of the original approved site plan, the applicant and/or property owner shall apply for a site plan amendment. During review and approval of such a site plan amendment, the Township shall recognize that the newly identified geologic hazard may have produced nonconformities to this Ordinance, which may not reasonably be brought into conformity. The Township may, but is not required to, allow the continuation of these nonconformities even if such nonconforming features have not been actually constructed.
1) However, the applicant and/or landowner shall attempt to reduce or eliminate nonconforming features during the preparation of the site plan amendment.
(e) In all cases, however, if a sinkhole appears after site plan approval, but before final inspection and approval of an on-lot sewer disposal system and such sinkhole is within 100 feet of the drainfield, the drainfield shall be relocated and meet DEP requirements.
(Ord. passed 10-2-2007, § 508; Ord. 144, passed 10-11-2007, § 05; Ord. 149, passed 4-29-2008, Arts. VI–VIII; Ord. 156, passed 4-27-2010, §§ 30–35; Ord. 179, passed 2-24-2015, Art. IV; Ord. 191, passed 1-8-2019)