Ordinance No

Ordinance No. 108

An Ordinance amending the Subdivision and Land Development Ordinance of Kennett Township, Ordinance No. 46.

The Board of Supervisors of Kennett Township hereby enacts and ordains that the Subdivision and Land Development Ordinance of Kennett Township, Ordinance No. 46, adopted August 15, 1983 be amended further as follows:

Section 1: Amend Section 204 to add the following definitions:

DBH (dbh). The diameter of a tree at breast height, measured 4.5 feet from the ground surface at the point of highest elevation in contact with the trunk of such tree.

Drip Line. A generally circular line, the circumference of which is determined by the outer reaches of a tree's widest branching points.

Hedgerow. A linear plant community dominated by trees and/or shrubs. Hedgerows often occur along roads, fencelines, property lines, or between fields, and may occur naturally or be specially planted (e.g. as a windbreak). For purposes of regulation under §517 of the Kennett Township Subdivision & Land Development Ordinance, hedgerows are considered to be woodlands.

Historic Resource. Any building, wall, bridge, structure, road, trail, quarry, archeological site or cultural artifact listed or identified on the National Register of Historic Places, the Chester County Historic Sites Survey, the Kennett Township Visual Resources Analysis, or any Kennett Township Resource Conservation Guidance Map which may be adopted by the Board and amended from time to time.

Hydric Soils. Any soil inventoried or described as hydric or as a soil with hydric inclusions according to the Soil Survey of Chester & Delaware Counties, Pennsylvania, or other information provided by the U.S. Soil Conservation Service (SCS). In Kennett Township, hydric soils shall include but not be limited to those with the following soil type designations: Bedford (BdA, BdB2), Calvert (Ca), Chewacla (Ch), Congaree (Cn), Glenville (GnA, GnB, GnB2, GnC2), Guthrie (Gu), Lawrence (LaA, LaB), Wehadkee (We), and Worsham (WoA, WoB, WoB2). Where site conditions may indicate that the location of hydric soils or soils with hydric inclusions differ from locations indicated by the SCS, the burden shall be upon the Applicant to verify such location(s) to the satisfaction of the Board of Supervisors, otherwise the SCS information shall be presumed to be accurate.

Impervious Cover. Any surface which precludes penetration to lower soil levels by surface water. All buildings, including roof overhangs, parking areas, driveways, roads, sidewalks, and other such areas in concrete or asphalt shall be considered components of impervious cover. In addition, other areas determined by the Township Engineer to be impervious within the meaning of this definition shall also be considered as contributing to total impervious cover. For purposes of determining compliance with maximum impervious cover limitations on any lot or tract, impervious cover shall be measured as a percentage of net tract area, defined herein.

Land Disturbance. Any activity which exposes soils, alters topography and/or alters vegetation, except for removal of hazardous or invasive alien vegetation (see definition of Woodland Disturbance). Customary agricultural practices such as tilling, plowing, mowing and harvesting are excluded from the definition of land disturbance.

Meadow. A plant community or area of vegetation dominated by grasses and/or forbs, often managed through annual or seasonal mowing.

Minimize. To reduce to the smallest amount or extent possible. "Minimize" shall not mean complete elimination but shall require that the most substantial efforts possible under the circumstances have been taken to reduce the adverse effect(s) of the action required to be minimized. "Minimize" shall include but not be limited to the requirement that the placement of dwellings and other structures and the locations of roads, stormwater management facilities, and other land disturbance shall be planned and designed to reduce the adverse effect(s) of the activity in question to the smallest amount possible under the circumstances consistent with otherwise permitted development.

Mitigation. [per Chapter 105, DEP regs.]

A. An action undertaken to accomplish one or more of the following:

1. Avoid and minimize impacts by limiting the degree or magnitude of the action and its implementation.

2. Rectify the impact by repairing, rehabilitating or restoring the impacted environment.

3. Reduce or eliminate the impact over time by preservation and maintenance operations during the life of the action.

B. If the impact cannot be eliminated by following clauses 1-3 above, compensate for the impact by replacing the environment impacted by the project or by providing substitute resources or environments.

Oldfield. An area undergoing natural succession characterized by the presence of herbs, shrubs and small trees (seedlings) whose branches do not form a complete or nearly complete aerial canopy.

Open Space Management Plan. A plan which provides for the long-term management over time of private, public, or common open space, in accordance with Section 1504 of the Kennett Township Zoning Ordinance.

Pasture. A plant community or area of vegetation dominated by grasses which is actively or periodically grazed by livestock or which is managed through mowing to maintain the appearance and vegetative characteristics of pasture.

PNDI. Pennsylvania Natural Diversity Inventory

Potential Rare, Threatened, Endangered (RTE) Species Sites.

A. Sites in which Federally and/or State recognized RTE species of flora and/or fauna have been observed in the past, yet are not identified by the PNDI and/or the Chester County Natural Areas Inventory;

B. Sites which provide suitable habitat for Federally and/or State recognized R.T.E. species of fauna.

Rare, Threatened, Endangered (RTE) Species Sites.

A. Sites which have been identified on the Pennsylvania Natural Diversity Inventory (PNDI) and/or the Chester County Natural Areas Inventory as possessing floral and/or Faunal species of concern;

B. Sites in which Federally and/or State recognized RTE species of flora and/or fauna are present.

Resource Conservation Guidance Map(s). A plan or plans produced, adopted and, from time to time, amended by the Township, which identify and describe specific resources including but not limited to the Kennett Township Visual Resources Analysis . Upon adoption, Resource Conservation Guidance Maps shall be considered incorporated into this ordinance and shall be available for review in the offices of Kennett Township.

Site Analyses. Investigation, study, and documentation of property proposed for subdivision and/or land development and adjacent areas, including review of established information sources as well as on-site investigation, in accordance with the provisions of Section 301.3 of the Kennett Township Subdivision and Land Development Ordinance.

Slope. [replaces existing definition of "steep slope" in Z.O.] The ratio of the change in elevation over the horizontal distance as measured between consecutive contour lines, expressed as a percent. Except for purposes of sketch plan submission, contour intervals shall not exceed two feet.

Specimen Tree. Any tree meeting the definition of specimen vegetation.

Specimen Vegetation.

A. Any individual plant or group of plants identified on any Kennett Township Resource Conservation Guidance Map which may be adopted, and/or the Kennett Township Visual Resources Analysis.

B. Any tree equal to or exceeding the minimum size (dbh) necessary to qualify as a specimen tree for its species (or species group; i.e., "oak") pursuant to the following Specimen Tree List:


Species	Min. Size	Species	Min. Size	Species	Min. Size
Apple	24"	Locust	30"	Sassafras	20"
Ash	32"	Maple	32"	Spruce	30"
Beech	32"	Sugar Maple	32"	Sycamore	36"
Cherry	24"	Oak	32"	Tulip Poplar	36"
Elm	30"	Osage Orange	20"	Walnut	30"
Hemlock	30"	Pine	30"	Hickory	32"

Stream. Any watercourse.

Tract. One (1) or more lots assembled for the purpose of unified development, including but not limited to planned residential development, shopping center, office or industrial park or development in accordance with Article XV, Cluster and Lot Averaging Design Options.

Visually Significant Landscapes. Areas within the Township identified in the Kennett Township Visual Resources Analysis as "Visually Significant Landscapes," including lands identified as "Rural", "Urban Transition", and "Village/Crossroads."

Waters of the Commonwealth. Regulated waters of the Commonwealth, including watercourses, streams or bodies of water and their floodways wholly or partly within or forming part of the boundary of the Commonwealth of Pennsylvania. [per Chapter 105, DEP regs.]

Watercourse. A channel or conveyance of surface water having defined bed and banks, whether natural or artificial, with perennial or intermittent flow. [per Chapter 105, DEP regs.]

Wetland Delineation. The on-site method or process for identifying wetlands which is currently adopted by the Pennsylvania Department of Environmental Protection [NOTE: The Commonwealth currently requires the methodology outlined in Federal Manual for Identifying and Delineating Jurisdictional Wetlands, 1989].

Wetland Delineation Report. A document that describes the investigation procedures and findings of a wetland delineation.

Wetlands. Wetlands are considered to be all lands regulated as wetlands by the Pennsylvania Department of Environmental Protection and/or the U.S. Army Corps of Engineers. Such areas are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs and similar areas.

Woodland. A tree mass or plant community in which tree species are dominant or co-dominant, the branches of the trees form a complete, or nearly complete, aerial canopy. For the purposes of this Ordinance, the extent of any woodland plant community or any part thereof shall be measured from the outer-most drip line of all the trees in the community. Woodland shall include any area where timber has been harvested within the previous three years and/or woodland disturbance has occurred within the previous three years which would have met the definition of woodland prior to timbering or disturbance. Woodlands do not include orchards or oldfields.

Woodland disturbance.

A. Any activity which alters the existing structure of a woodland or hedgerow. Alterations include the cutting or removal of canopy trees, subcanopy trees, understory shrubs and vines, woody and herbaceous woodland floor species as well as the removal of humus or duff from the ground;

B. Any activity which constitutes a land disturbance (exposes soils, alters topography) within a woodland or hedgerow;

C. Woodland disturbance does not include the following:

a) Removal of vegetation which constitutes hazardous condition(s); nor

b) Selective cutting or removal of invasive alien trees, shrubs, vines or herbaceous species including; Rosa multiflora (Multiflora Rose), Eleagnus umbellata (Autumn Olive), Lonicera japonica (Japanese Honeysuckle), Celastrus orbiculatus (Oriental Bittersweet), Acer platanoides (Norway Maple), Pueraria lobata (Kudzu) and Polygonum perfoliatum (Mile-a-Minute Weed); nor

c) Timber harvesting in accordance with a woodland management plan submitted to the Township and prepared by a professional consulting forester acceptable to the Township.

Section 2: Amend Section 301 to add the following:

301.2: OVERVIEW OF PLAN REVIEW PROCESS

The purpose of this section is to review all steps in the plan preparation, submission and review process, to enable Applicants to easily follow the process established by Kennett Township, and thereby avoid unnecessary expense or delay. Nothing in this section shall be construed as preempting or waiving any other applicable provision of this ordinance.

A. PRELIMINARY STEPS:

1. Background and Preparation. Applicant shall review the Kennett Township Comprehensive Plan, the Open Space & Recreation Plan, the Sewage Facilities Plan, the Zoning Ordinance, Subdivision & Land Development Ordinance, and the Resource Conservation Guidance Maps prior to initiation of any application for plan approval.

2. Informal Discussions. While optional, it is strongly recommended that Applicant request through the Township Secretary an informal discussion of potential subdivision or land development plans with representatives of the Kennett Township Planning Commission and other Township Boards/ Committees as appropriate, to facilitate familiarity and understanding of community planning objectives, prior to initiation of any formal application for plan approval.

3. Site Analyses. It is recommended that Applicant carefully review the specific Site Analysis requirements in Section 401, and become familiar with the subject property in the context of required site analyses.

4. Conditional Use or Special Exception Approval. Where required, Applicant shall apply for conditional use or special exception approval, as applicable, prior to formal plan submission.

B. SKETCH PLAN SUBMISSION & REVIEW: The Sketch Plan submission and review process comprises a period of informal discussion between the Applicant and the Kennett Township Planning Commission. It is an important part of the plan approval process. The Sketch Plan process aims to reconcile individual and community planning objectives, to demonstrate general feasibility of proposed development, and to resolve critical planning issues prior to undertaking of full-scale engineering. Early resolution of critical planning issues can avoid expensive revisions later. Sketch Plan submission does not constitute official submission of a plan to the Township. Where appropriate, a Sketch Plan also may be submitted to the Chester County Planning Commission for informal review and comment.

1. Sketch Plan Submission Requirements. Formal submission requirements are not prescribed for Sketch Plans. Applicant is requested to abide by the requirements for Preliminary Plan submission to the greatest degree feasible, in terms of scale and level of detail of information. Detail such as exact boundary survey information is not necessary.

2. Initial Planning Review/Liaison. Applicant is strongly encouraged to arrange a meeting with the Kennett Township Planning Commission to discuss conceptual plans for subdivision or land development in view of community development and open space resource conservation objectives prior to any formal plan application.

3. Site Walk. It is recommended that Applicant seek to schedule a site walk with representatives of the Planning Commission and other Township Boards/Committees as applicable, to familiarize all parties with potentially diverse development and community planning objectives.

4. Site Analyses. It is strongly recommended that Sketch Plan submissions be accompanied by Site Analyses including all information required under §301.3, as available at the time of Sketch Plan submission. Where required, information submitted in the course of application for conditional use approval may serve the purposes of Sketch Plan submission.

5. Submission of Sketch Plan. One week prior to the first meeting of the Township Planning Commission at which Applicant requests sketch plan discussion, Applicant shall supply the Township Secretary with three or more copies of Sketch Plans and accompanying Site Analyses, as requested.

6. Planning Commission Review. The Planning Commission and/or a subcommittee thereof shall be available to review and discuss sketch plan(s) with the Applicant at mutual convenience. Following such review/discussion, the Planning Commission shall, at regularly scheduled meetings as needed, make recommendations to the Applicant, in accordance with §303.2, offering direction to his formal preliminary plan preparation and submission.

C. PRELIMINARY PLAN SUBMISSION & REVIEW: The Preliminary Plan review and approval process is dedicated to demonstration of the feasibility of proposed development to full comply with all applicable regulation. It may involve extensive survey, engineering, soils testing and other environmental investigation to fully resolve critical planning issues. Thus, it is recommended that Applicant submit preliminary plans for review only after satisfactory resolution of basic planning concerns and establishment of general feasibility of development through the Sketch Plan Process (Subsection B, above).

1. Filing and Review Fees. Submission of the Preliminary Plan shall not be deemed complete unless accompanied by required filing and review fees as stipulated in §304.4.

2. Preliminary Plan Submission Requirements. Preliminary Plan submission shall conform to the requirements of §403 and shall include the following:

(a) Site Analyses as required under §301.3

(b) Subdivision/Land Development Plans

(d) Preliminary Erosion/Sedimentation Control Plan, per §403.4

(e) Preliminary Open Space Management Plan, in accordance with §1504 of the Kennett Township Zoning Ordinance where applicable

3. Submission of Preliminary Plan. Applicant shall submit multiple copies of all plans and other submission documentation, as required under §304.2; plans shall be referred by the Township Secretary to the Planning Commission, with copies distributed in accordance with §304.5.

4. Preliminary Plan Review. The Preliminary Plan and all required supplementary documentation will be reviewed in accordance with §305. The Planning Commission will review the Plan and consider comments received from other reviewing parties/agencies and make recommendation for approval, conditional approval, or denial to the Board of Supervisors. The Board will review the Plan, consider all recommendations and approve, conditionally approve, or deny approval of the Plan. Board action will occur within ninety days of initial submission of the complete Preliminary Plan, unless Applicant has granted an extension.

It is possible that plan revisions will be made during the course of preliminary plan review. Substantial revision to submitted plans may be deemed to constitute a new submission. Where the Township and Applicant agree that revised plans may be considered as a continuation of original plan submission, Applicant shall submit to the Township a written description of any substantive changes which have been made to originally submitted plans.

D. FINAL PLAN SUBMISSION & REVIEW: The Final Plan is intended to finalize all planning issues and ensure provision for appropriate documentation and performance and financial guarantees. As required under §306, the Final Plan shall be submitted within one year of approval of the Preliminary Plan, unless extended by the Board upon written request; the Final Plan shall substantially conform to the approved Preliminary Plan.

1. Filing and Review Fees. Submission of the Final Plan shall not be deemed complete unless accompanied by any filing and review fees as may be required in accordance with §306.3.

2. Final Plan Submission Requirements. Final Plan submission shall conform to the requirements of §404 and shall include the following:

(a) Site Analyses as required under §301.3 (Site Analyses submitted with the Preliminary Plan may suffice)

(b) Subdivision/Land Development Plans

(d) Final Resource Conservation Plan, if required

(e) Final Erosion/Sedimentation Control Plan, per §404.3.Q

(f) Final Open Space Management Plan, where applicable

(g) Documentation of Covenants & Restrictions, Easements, Establishment of Homeowners Association, etc., as applicable

3. Submission of Final Plan. Applicant shall submit multiple copies of all plans and other submission documentation to the Township Secretary, as required under §306.2; plans shall be distributed in accordance with §306.5.

4. Final Plan Review. The Final Plan and all required supplementary documentation will be reviewed in accordance with §307. The Board of Supervisors will review the Plan, consider all recommendations and approve, conditionally approve, or deny approval of the Plan. Board action will occur within ninety days of initial submission of the complete Final Plan, unless Applicant has granted an extension.

5. Performance Guarantees. Prior to final approval of the Final Plan, Applicant shall guarantee installation of all required improvements in accordance with §309. Performance guarantees may be released during and/or upon completion of improvements as stipulated in §310.

6. Improvements Offered to the Township. Applicant shall provide for formal dedication and for maintenance guarantee(s) for improvements and/or lands offered to the Township in accordance with §311.

7. Recording of Final Plan. Applicant shall file the Final Plan with the Chester County Recorder of Deeds within ninety days of final approval, in accordance with §308.

301.3 SITE ANALYSIS:

A. In order to provide an appropriate base of information for the planning and design process, to facilitate realization of community resource protection objectives, to preclude unnecessary engineering expense on behalf of the applicant, and to permit meaningful plan review, applicants for subdivision or land development shall thoroughly investigate the tract under proposal and immediately surrounding areas, providing data, plans and narrative descriptions in accordance with the provisions of §401. Submission of Site Analyses shall be required under the following circumstances:

1. As partial fulfillment of the requirements for submission of preliminary or final subdivision or land development plans;

2. As partial fulfillment of the requirements for application for conditional use approval ultimately involving submission of subdivision or land development plans or as otherwise required by the Kennett Township Zoning Ordinance;

3. To the degree appropriate information is available at the time of sketch plan submission, Site Analyses shall accompany any Sketch Plan submission.

B. A full Site Analysis submission shall include the following:

1. Site Analysis Base Plan, prepared in accordance with the provisions of §401.2;

2. Site Analysis: Engineering Data, provided in accordance with the provisions of §401.3;

3. Site Analysis: Natural and Cultural Resources, provided in accordance with the provisions of §401.4;

4. Site Analysis: Visual Resources, provided in accordance with the provisions of §401.5.

C. The Board of Supervisors may retain such consultants as necessary to review and certify the accuracy of any Site Analysis submission, reasonable and necessary charges therefor to be borne by the Applicant.

D. Where Site Analyses have been provided in full compliance with the provisions of this ordinance, they need not be resubmitted for any subsequent plan application involving the same tract of land, where such application is made within five years of the original submission and where no land disturbance or other significant change to the subject property has occurred since the time of that submission. For example, where full site analyses have been submitted with a conditional use application, they need not be resubmitted with preliminary or final land development plans.

Section 3: Amend Section 305.5A to add the following after paragraph 2:

Section 4: Amend Section 402.2E to delete E in its entirety and replace with

402.2 E. Site Analyses, including all information required under §301.3, as available at the time of Sketch Plan submission.

Section 5: Amend Section 403.2 to delete "Existing Conditions Plan" in its entirety.

Section 6: Amend Section 401 to add the following:

401.2 SITE ANALYSIS - BASE PLAN: The applicant shall prepare a reproducible Base Plan depicting all information required in accordance with this subsection. The Base Plan need not be submitted by itself, but shall serve as a template (base) upon which all Site Analyses required under Sections 401.3, 401.4, and 401.5 shall be submitted.

A. The Base Plan shall depict the following information in all cases:

1. Title Block and Tract Information:

(a) Proposed Name or Identifying Title of the tract;

(b) North Arrow, Graphic Scale and Date of plan preparation;

(d) Zoning of the tract (Note: If the tract lies within more than one zoning district, indicate the total acreage per zoning district);

(e) Name, Address & Telephone Number of the landowner;

(f) Name, Address & Telephone Number of the Applicant (if different from landowner);

(g) Name and Signature of the person who prepared the base plan.

2. Location Map. The Location Map is to be a plan inset, at a scale of 1" = 800' or greater, and shall identify the subject tract and its boundaries, showing its relationship to all areas within a minimum radius of one-half mile, including indication of the following within the entire one-half mile radius:

(a) All public and private streets and roads, water courses, municipal boundaries, zoning districts including the Flood Hazard District and zoning boundaries;

(b) All wetlands as shown on National Wetland Inventory Maps;

(d) All woodlands as shown on U.S.G.S. quadrangle maps and/or, available aerial photography.

3. Legal Encumbrances. The limit lines and nature of all private easements, deed restricted areas, and rights-of-say within the entire subject tract shall be indicated.

B. The Base Plan shall depict the following information for the entire tract subject to application and all adjacent areas within 100 feet of the boundaries of said tract:

1. All property boundaries; The names of the owners of all adjacent tracts, and the names of all adjacent subdivisions or developments shall be indicated.

2. Topography. Existing topographic contours shall be indicated at 2-foot intervals throughout the subject tract and all areas located within 100 feet of said tract. Elevations shall be indicated and, where reasonably practical, datum shall refer to established USCG elevations. For all areas affected by development, defined below as "affected areas," topographic data shall be prepared from an actual field survey of the tract or, via photogrammetry using aerial photographs not more than two years old. For areas outside affected areas, topographic contours may be derived from USGS quadrangle maps.

"Affected areas" shall include the specific lot, lots, or areas proposed for land development or for any disturbance to existing soils or vegetation. Lands which would become available for building permit application for any principal use subsequent to approval of the application at hand (i.e., without further subdivision application required) shall be considered affected areas even where not actually proposed for land development or disturbance at the time of the application at hand. Where affected areas are located on lots less than five (5) acres in gross area, the entire lot shall be considered affected area for the purposes of this ordinance.

3. Soils. The limits of all soil types are to be plotted and identified with an appropriate symbol (MgB2, WoA, etc.), as mapped by the Soil Conservation Service for the Soil Survey of Chester and Delaware Counties.

4. All streams, ponds, watercourses, and drainage courses. Stream mapping shall include all stream center lines and normal channel boundaries. Water resource information also shall be prepared from an actual field survey of the site or, via photogrammetry using aerial photographs not more than two years old.

5. The limits of all Flood Hazard districts, as shown on the most recent F.E.M.A. Maps.

6. All existing principal and accessory structures and facilities, including but not limited to buildings, wells, septic fields, underground tanks, fences, walls, sheds, etc.

7. All existing roads, road rights-of-way, and appurtenant works, including but not limited to bridges, culverts, guardrails, etc.

8. All existing utilities and utility rights-of-way, including but not limited to locations of poles, overhead and underground lines, and transformers.

9. All existing tree lines, forest edges, hedgerows, thickets, tree masses and groves; the locations of any individual trees greater than twelve inches dbh. and their approximate canopy spreads shall be indicated.

401.3 SITE ANALYSIS - ENGINEERING DATA: All information required in accordance with this subsection shall be depicted upon a copy of and at the same scale as the Base Plan. Tabular and/or narrative information may be presented as plan notations or on separate sheets where insufficient space is otherwise available.

A. The Site Analysis - Engineering Data shall depict the following information in all cases:

1. Map Title and Date. This Plan shall be entitled, Site Analysis - Engineering Data. The name and signature of the person who prepared the plan shall be included, if different from that of the Base Plan.

2. Boundary Survey Data. The bearings and distances along all tract boundary lines, and all corner markers, monuments, etc., shall be indicated.

3. Legal Encumbrances. The dimensions of all easements, deed restricted areas, and rights-of-way within the tract shall be indicated. Where the tract lies within more than one zoning district, zoning district boundaries shall be indicated.

B. The Site Analysis - Engineering Data shall depict the following information for all affected areas and any area within 100 feet of such affected areas, as defined in subsection 401.2.B.2 above.

1. Topography. Steep slope areas between 15 and 25 percent slope and greater than 25 percent slope shall be separately indicated through shading of the appropriate areas as bounded by the contour intervals shown on the Base Plan.

2. Soils. The following soils information, as indicated in the Soil Survey for Chester and Delaware Counties, shall be provided; where appropriate, a tabular or narrative format may be utilized to present such information:

(a) Infiltration rates, and erodibility (K values) for each soil type;

(b) Engineering properties including: septic suitability; suitability for buildings with basements; suitability for construction of roads and streets.

(c) Locations of prime agricultural soils (agricultural capability classes I, II and III), hydric soils, soils with seasonal high ground water, soils with hydric inclusions, and alluvial soils;

(d) Percolation Tests where available; If the applicant has already performed percolation tests, the locations of all test holes and data results for each test hole shall be provided.

3. Wetlands. All wetland boundaries shall be indicated. Wetland boundaries within the tract shall be determined from on-site delineation and plotted from actual field survey. A Wetland Delineation Report shall be provided. For wetlands situated outside the subject tract but within 100 feet of tract boundaries, wetland boundaries may be approximated from field observations (i.e. they do not need to be delineated and surveyed).

4. All fractures, faults, and the limits of all geologic formations shall be indicated based on published geologic data and/or the Kennett Township Comprehensive Plan. From the same or similar sources, the following information shall be indicated in tabular or narrative form, as appropriate, for each geologic formation identified:

(a) generally potential groundwater yields;

(b) general potential for groundwater contamination;

5. All sinkholes and rock outcroppings shall be indicated (including identification of the extent and type of rock), as obtained from field investigation;

6. The dimensions of all identified roads, road rights-of-way, utility rights-of-way, easements, and culverts shall be provided, along with the invert elevations for all identified culverts.

401.4 SITE ANALYSIS - NATURAL & CULTURAL RESOURCES: All information required in accordance with this subsection shall be depicted upon a copy of and at the same scale as the Base Plan. Tabular and/or narrative information may be presented as plan notations or on separate sheets where insufficient space is otherwise available.

A. The Site Analysis - Natural & Cultural Resources shall depict the following information in all cases:

1. Map Title and Date. This Plan shall be entitled, Site Analysis - Natural & Cultural Resources. The name and signature of the person who prepared the plan shall be included, if different from that of the Base Plan.

B. The Site Analysis - Natural & Cultural Resources shall depict the following information for all affected areas and any area within 100 feet of such affected areas, as defined in subsection 401.2.B.2 above.

1. Wetlands. As also shown on the Site Analysis - Engineering Data, all wetland boundaries shall be indicated, as required under subsection 401.3.B.3.

2. Base Assessments of Streams. Where requested by the Board of Supervisors, applicant shall identify the streams or stream segments for which base assessments have been conducted and provide appropriate base assessment data and narrative description.

3. All sinkholes and rock outcroppings shall be indicated as also shown on the Site Analysis - Engineering Data, as required under subsection 401.3.b.5.

4. Vegetation:

(a) All vegetation cover types shall be indicated in terms of the general type of vegetative cover in any given area. Examples of generalized types of vegetation cover include: woodlands, tree masses, thickets, hedgerows, meadows, pastures, oldfields, cultivated lands, orchards, lawns, disturbed areas (bare soil), etc. The approximate limits of each vegetation cover type shall be plotted based on field investigation.

(b) All plant communities shall be indicated and their approximate limits plotted based on field investigation. For the purposes of this section, plant communities may be defined as plant associations or areas of vegetation which are distinguishable from other areas, including those of similar cover types, due to one or more of the following characteristics: dominant species composition, age or maturity, stage of development, stratification, degree of disturbance. Applicant also shall provide generalized narrative descriptions of each plant community.

(d) Where information received from PNDI indicates probable location of rare, threatened, or endangered species on or within 100 feet of the subject tract or affected area, as applicable, detailed locations and descriptions shall be provided based on field investigation.

5. Wildlife & Habitats:

Any rare, threatened or endangered animal species likely to exist shall be listed based on information available from PNDI and/or the Pennsylvania Fish & Wildlife Data Base. Any suitable habitats for rare, threatened or endangered animal species known to exist in Kennett Township or vicinity, which are likely to exist on or within 100 feet of the subject tract or affected area, as applicable, shall be identified based on field observation.

6. All historic resources, including districts, sites, structures, ruins, walls, transportation traces (trails & abandoned roads), and quarry sites shall be identified and described, based upon available information and mapping, including any Kennett Township Historic Resources Map which may be compiled, and/or upon on-site investigation.

7. Environmental Hazards or Intrusions. All environmental, visual and/or safety hazards or intrusions shall be located and described, based on field investigation. Such investigation shall include, but not be limited to the following: areas of erosion, evidence of bare soil and/or overgrazing, debris/junk/soil piles, poor sight distances, poor road drainage or configuration, and problems associated with culverts and other stormwater management facilities.

401.5 SITE ANALYSIS - VISUAL RESOURCES: The Applicant shall depict the following information upon a copy of and at the same scale as the Base Plan, accompanied by narrative where appropriate:

A. Map Title and Date. This Plan shall be entitled, Site Analysis - Visual Resources. The name and signature of the person who prepared the plan shall be included, if different from that of the Base Plan.

B. Kennett Township Visual Resources Analysis. The following features shown on the referenced Township map, where located on the subject tract or within 100 feet of the tract boundaries, shall be indicated:

1. The limits of all viewsheds from public roads and notation of their typologies;

2. All Vista Points along public roads;

3. All Visual Features including; accents, intrusions, visible watercourses and visible ponds.

Section 7: Amend Article V to add the following:

SECTION 516: CONSERVATION OF RIPARIAN BUFFER AREAS

This section is intended to comprehensively address all water resource protection benefits provided by Riparian Buffer Areas, including the following:

A. Reduction of the amount of nutrients, sediment, organic matter, pesticides, and other harmful substances that reach watercourses through subsurface and surface flow pathways through scientifically proven natural processes including filtration, deposition, absorption, adsorption, plant uptake, and denitrification, and by improving infiltration, sheet flow, and stabilizing concentrated flows. The consumption of nitrogen and denitrification in surface and groundwater and the trapping of phosphorus-laden sediment and other pollutants resulting from adjacent land uses, thereby protecting water quality are critical.

B. Provision of shade which moderates stream temperature and protects fish habitat by retaining more dissolved oxygen and encouraging the growth of diatoms, beneficial algae and aquatic insects.

C. Provision for stream bank stability which protects fish habitat and controls sediment and erosion. Tree roots consolidate the soils of floodplain and stream banks, reducing the potential for severe bank erosion.

D. Provision of organic matter through leaves which fall into the stream and are trapped on woody debris (fallen trees and limbs) and rocks where they provide food and habitat for small bottom dwelling creatures (such as insects, amphibians, crustaceans and small fish) which are critical to the aquatic food chain.

E. Conserves the natural features important to land or water resource (e.g. headwater areas, groundwater recharge zones, floodway, floodplain, springs, streams, woodlands, prime wildlife habitats) which exist on developed and undeveloped land.

Application of these provisions is intended to modify the location of development in relation to specified water resource areas but not to modify its overall intensity. Where any Applicant demonstrates to the satisfaction of the Board of Supervisors that strict adherence to these provisions will render the lot or tract subject to Application unusable or unsuitable for development in accordance with applicable zoning district regulations, or satisfies the Board that alternative design provisions shall achieve similar conservation objectives, the Board of Supervisors may waive compliance as appropriate. In waiving strict compliance with riparian buffer provisions, the Board may require that land disturbance within the riparian buffer area be limited to the minimum practicable extent necessary to accommodate lawful use of the tract or lot and/or may require that alternative means to achieve the conservation objectives, above, be incorporated into applicable land development plans.

516.1 REQUIRED RIPARIAN BUFFER: No land distrubance shall be permitted within any riparian buffer as defined in § 204, except for the following:

A. Timber harvesting in accordance with a woodland management plan submitted to the Township and prepared by a professional consulting forester acceptable to the Township;

B. Vegetation management in accordance with an approved landscape plan or open space management plan if any;

C. Customary agricultural practices in accordance with a soil conservation plan approved by the Chester County Conservation District;

D. Regulated activities permitted by the Commonwealth (i.e., permitted stream or wetland crossing or other encroachment).

516.2 LIMITATION TO VEGETATION MANAGEMENT WITHIN RIPARIAN BUFFER: Except for regulated activities permitted by the Commonwealth, provision for unpaved trail access and selective removal of hazardous or invasive alien vegetative species, no woodland disturbance or other land disturbance, shall be permitted within fifteen (15) feet of the outermost limit of any wetland or streambank.

516.3 RIPARIAN MANAGEMENT PLANNING: Applicant shall include, as part of preliminary and final plan submission, provision for the long-term management of any riparian buffer area, aiming to minimize land disturbance within the buffer area. Where applicable, Applicants are strongly encouraged to seek woodland management assistance through the Pennsylvania "Forest Stewardship Program" administered by the Pennsylvania Bureau of Forestry.

Section 8: Amend Article V to add the following:

SECTION 517: CONSERVATION OF WOODLANDS, HEDGEROWS & SPECIMEN VEGETATION

The purpose of this section is to promote conservation of woodland, hedgerow and specimen vegetation throughout Kennett Township through establishment of specific limitations to land development activities, replacement requirements, and management planning provisions.

517.1 LIMITATIONS TO WOODLAND DISTURBANCE

A. Woodland disturbance, including alteration or removal of any hedgerows shall be minimized.

B. No specimen vegetation shall be removed from any lot or tract except where Applicant demonstrates to the satisfaction of the Board of Supervisors that such removal is essential to eliminate hazardous condition(s) or otherwise permit lawful use of the lot or tract; where permitted, removal of specimen vegetation shall be minimized. Specimen trees to be retained shall be credited toward any tree replacement required under §517.2 below.

C. Where permitted, woodland disturbance shall not involve more than 20,000 square feet of existing area of woodland or hedgerow(s) for each principal use permitted on any lot or tract, without required woodland replacement in accordance with Subsection 517.2 below. As an example, where two principal uses are permitted, woodland disturbance may involve up to 40,000 square feet (20,000 X 2) before replacement is required. For purposes of this section, 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.

D. In determining where necessary woodland disturbance shall occur, Applicant shall consider the following:

1. The location(s) and benefit of conservation of healthy mature woodland stands;

2. The impacts, in terms of functions and values to wildlife, of separating, dividing and/or encroaching on wildlife travel corridors and/or extensive habitat areas, especially woodlands exceeding ten (10) acres in area.

E. In areas of permitted woodland disturbance and areas adjacent to permitted woodland disturbance, care shall be exercised to protect remaining trees from damage. To the maximum extent practicable, the following procedures shall be utilized during construction in order to protect remaining trees:

1. Where existing trees are to remain, no change in existing grade shall be permitted within the drip line of the trees. Appropriate fencing 4 feet in height shall be placed at the drip line of trees to remain, wherever adjacent to proposed construction. Such fencing shall be maintained in place throughout the duration of construction activity. Roots shall not be cut within the drip line of any trees to remain.

2. Trees within 25 feet of a building, or bordering entrances or exits to building sites, shall be protected by a temporary barrier to be maintained in place throughout the duration of construction activity.

3. No boards or other material shall be nailed or otherwise attached to trees during construction.

4. Construction materials, equipment, soil and/or debris shall not be stored nor disposed of within the drip lines of trees to remain, except for mulched vegetative matter used to prevent soil compaction.

5. Tree trunks, limbs, and exposed roots damaged during construction shall be protected from further damage by being treated immediately in accordance with accepted professional landscape procedures.

517.2 REQUIRED VEGETATION REPLACEMENT:

A. Where woodland disturbance involves more than the maximum area permitted under §517.1.C above (i.e., 20,000 square feet per principal use), one tree and two shrubs shall be planted for each 500 square feet of woodland disturbance area, or fraction thereof, in excess of the maximum permitted area of disturbance. All specimen trees to be retained on any tract proposed for subdivision or land development shall be credited toward any tree replacement requirement, at a ratio of three trees credited for each individual specimen tree retained.

B. Plantings used to comply with the minimum number of replacement plantings required as above shall be:

1. trees ‑ two and one half (2 1/2) inch caliper, minimum;

2. shrubs ‑ 24-30 inches in height, minimum;

Plantings 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 within the same USDA hardiness zone as the site and shall be nursery grown, unless it is determined by the Township that the transplanting of trees partially fulfills the requirements of this section. At the discretion of the Township, replacement trees required as above, may be substituted by trees of at least 1 1/2 inch caliper at a ratio of three trees for each one tree otherwise required.

C. Species of replacement plantings selected and planting locations shall reflect careful site evaluation and in particular the following considerations:

1. Existing and proposed site conditions and their suitabilities for the plant materials, based upon the site's geology, hydrology, soils, and microclimate.

2. Specific functional and design objectives of the plantings, which may include but not necessarily be limited to: replacement of woodland area removed, enhancement of existing woodland or oldfield area(s), reforestation of riparian buffer areas, provision for landscape buffer, visual screening, noise abatement, energy conservation, wildlife habitats, and aesthetic values.

3. Maintenance considerations such as hardiness, resistance to insects and disease, longevity, and availability.

4. 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 is strongly encouraged. Species selection should reflect species diversity characteristic of the native deciduous woodland.

517.3 WOODLAND MANAGEMENT PLANNING: Applicant shall include, as part of preliminary and final plan submission, provision for the long-term management of any woodland area not subject to woodland disturbance and any area selected for introduction of replacement plantings in accordance with Section 517.2. Where applicable, preliminary and final plan submission shall include a statement of woodland management objectives and shall demonstrate to the satisfaction of the Board of Supervisors the feasibility of intended management practices, aiming to ensure the success of stated objectives, including the viability of introduced plantings, deterrence of invasive species, and means to minimize any future woodland disturbance. Applicants are strongly encouraged to seek woodland management assistance through the Pennsylvania "Forest Stewardship Program" administered by the Pennsylvania Bureau of Forestry.

517.4 REPLACEMENT GUARANTEE: All replacement plantings shall be guaranteed and maintained in a healthy and/or sound condition for at least twenty-four (24) months or shall be replaced. Installation of replacement plantings and any other required landscape improvements shall be guaranteed along with all other site improvements in accordance with Section 309 of the Kennett Township Subdivision and Land Development Ordinance. The costs of landscape material and installation shall be considered in determining the amount of any performance guarantee required. At the Township's discretion, the Applicant may be required to escrow sufficient additional funds for the maintenance and/or replacement of the proposed vegetation during the 24 month replacement period. In addition, an escrow may be required for the removal and replacement of specimen vegetation damaged during construction.

Adopted this 15th day of July, 1996.

KENNETT TOWNSHIP

BOARD OF SUPERVISORS

Attest:

__________________________

Charles G. Shoemaker

__________________________

Secretary-Treasurer

__________________________

James C. Henderson

__________________________

Michael E. Elling