A.
For the purposes of this chapter, Lower Frederick
Township is hereby divided into zoning districts which are designated
as follows:
[Amended 10-4-2005 by Ord. No. 05-09]
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R-1
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Rural Residential District
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R-2
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Low-Density Residential District
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R-3
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Medium-Density Residential District
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R-4
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High-Density Residential District
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VC
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Village Commercial District
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CC
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Community Commercial District
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LI
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Limited Industrial District
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IR
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Institutional and Recreational Overlay District
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OI
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Office Institution District
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FP
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Floodplain Conservation District
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SSC
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Steep Slope Conservation District
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VMU
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Village Mixed-Use District
[Amended 7-25-2006 by Ord. No. 06-11] |
B.
The locations and boundaries of these districts are
shown on the Lower Frederick Township Zoning Map which is hereby made
a part of this chapter. The Zoning Map and all the notations, references,
and other data thereon shall be as much a part of this chapter as
if fully described herein.[1]
[1]
Editor's Note: The current Lower Frederick
Township Zoning Map is on file in the Township offices.
B.
Where uncertainty exists as to the location of any
district boundary line, the Zoning Officer shall determine its exact
location guided by the following:
(1)
Lines which appear to follow center lines, property
lines, or Township boundary lines shall be construed to follow those
lines.
(2)
For questions concerning which particular property
line a district boundary line follows, the Zoning Officer shall confer
with the Township Planning Commission for a determination.
Applicants shall determine the development capacity
of all tracts of land proposed for subdivision and/or land development
by applying the environmental adjustment factors (EAFs) identified
in this section. These EAFs modify the development capacity based
on the constraints of natural features that affect water supply, sewage
disposal, and construction of buildings and other site improvements.
A.
Calculation of the developable area of a tract.
(1)
The applicant shall determine the developable area
of the tract by determining the number of acres containing each natural
feature, then applying the EAFs to the acreage affected by these environmental
constraints, using the worksheet herein.
(2)
Existing features.
(a)
The applicant shall provide a plan of existing
features of the subject tract that shows the boundaries and acreages
of the net tract area, all areas affected by each natural feature,
and all unconstrained areas.
(b)
Where more than one of these natural features
occupy part of a tract, that part shall be subject only to the most
restrictive factor (the factor with the lowest number).
(3)
Worksheet:
(a)
Net tract area = _____ acres. [Net tract area
is the total (gross) tract area minus existing public and private
rights-of-way, utility easements, access easements, or access strips.]
(b)
Net tract area adjustment for natural features
(EAFs):
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a.
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Seasonal HWT
(less than 18 inches)*
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_____ acres x 0.33 EAF
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= _____ acres
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b.
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Seasonal HWT
(18 inches to 36 inches)*
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_____ acres x 0.67 EAF
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= _____
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c.
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Depth to bedrock
(less than 42 inches)*
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_____ acres x 0.67 EAF
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= _____ acres
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d.
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Diabase bedrock**
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_____ acres x 0.33 EAF
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= _____
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e.
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Slopes
(15% to 24%)
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_____ acres x 0.33 EAF
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= _____
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f.
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Slopes
(greater than 24%)
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_____ acres x 0.00 EAF
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= _____
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g.
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Floodplain
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_____ acres x 0.00 EAF
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= _____
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h.
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Wetlands
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_____ acres x 0.00 EAF
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= _____
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i.
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Watercourses
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_____ acres x 0.00 EAF
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= _____
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j.
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Waterbodies
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_____ acres x 0.00 EAF
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= _____
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k.
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Unconstrained net acreage
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_____ acres x 1.00 EAF
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= _____
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Total Developable Area of the Tract (total of
a through k)
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= _____ acres
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NOTES:
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*
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Applies to sites with a sewage system(s) that
utilizes land for treatment and disposal purposes. For sewage systems
not utilizing land, the density factor equals 1.0.
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**
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Applies to sites with well(s) as the water source.
For a site not utilizing well(s), the density factor equals 1.0. Also,
for any zoning district that requires the use of central water and
the central supply is proposed to be from on-site well(s), the density
factor may equal 1.0, provided it can be proven to the Township's
satisfaction that the water supply will be sufficient, will not cause
any adverse effects on existing wells, and all applicable Township
ordinances are met.
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B.
Maximum tract density calculation. Maximum tract density
is the maximum number of residential dwelling units (or lots) or maximum
number of nonresidential building lots permitted on a tract in compliance
with EAF calculations.
[Amended 10-3-2023 by Ord. No. 2023-03]
(1)
R-1 and R-2 district maximum tract density is calculated
by the following formula:
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Maximum tract density
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=
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Total developable area of the tract
(from Subsection A)
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Minimum developable lot area
(from the applicable zoning district standards)
(e.g., 27.2 acres divided by 2 acres).
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NOTE:
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|---|---|
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Minimum developable lot area shall be expressed
as acres or as a fraction of an acre in decimal form (e.g., two acres,
one acre, 0.5 acre, 0.25 acre, etc.).
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(2)
R-3 and R-4 district maximum tract density is calculated
by the following formula:[1]
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Maximum tract density = Total developable area of the tract (from Subsection A) multiplied by the density number expressed as dwelling units per acre of total developable area (e.g., 27.2 acres times four dwelling units per acre).
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(3)
Rounding. All maximum tract density values shall be
rounded down to the closest whole number (for example, 5.99 is rounded
down to five).
(4)
Limitations. Maximum tract density is a calculated
maximum number that is not guaranteed to be feasible on a given site.
The tract configuration and other factors may make the maximum tract
density unattainable.
C.
Calculation of the buildable area of each proposed
lot.
(1)
The applicant shall determine the buildable area of
each proposed building lot by determining the area of each lot containing
each natural feature, then applying the EAFs to the areas affected
by these environmental constraints, using the worksheet herein.
(2)
Existing features.
(a)
The applicant's plan shall show the existing
features of each lot, including boundaries and acreage/square footage
of all areas affected by each natural feature, and all unconstrained
areas.
(b)
Where more than one of these natural features
occupy part of a lot, that part shall be subject only to the most
restrictive factor (the factor with the lowest number).
(3)
Worksheet:
(a)
Net lot area of Lot No. _____ = _____ acres
or square feet. [Net lot area is the total (gross) lot area minus
existing and proposed public and private rights-of-way, utility easements,
access easements, or access strips.]
(b)
Net lot area adjustment for natural features
(EAFs):
|
a.
|
Seasonal HWT
(less than 18 inches)*
|
_____ area x 0.33 EAF
|
= _____ area
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|
b.
|
Seasonal HWT
(18 inches to 36 inches)*
|
_____ area x 0.67 EAF
|
= _____
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|
c.
|
Depth to bedrock
(less than 42 inches)*
|
_____ area x 0.67 EAF
|
= _____
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d.
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Diabase bedrock**
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_____ area x 0.33 EAF
|
= _____
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e.
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Slopes
(15% to 24%)
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_____ area x 0.33 EAF
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= _____
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f.
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Slopes
(greater than 24%)
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_____ area x 0.00 EAF
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= _____
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g.
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Floodplain
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_____ area x 0.00 EAF
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= _____
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h.
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Wetlands
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_____ area x 0.00 EAF
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= _____
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i.
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Watercourses
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_____ area x 0.00 EAF
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= _____
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j.
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Waterbodies
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_____area x 0.00 EAF
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= _____
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k.
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Unconstrained net acreage
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_____ area x 1.00 EAF
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= _____
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Total Buildable Area of Lot No. _____ (total
of a through k)
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= _____ (acres or square feet)
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NOTES:
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|---|---|
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*
|
Applies to sites with a sewage system(s) that
utilizes land for treatment and disposal purposes. For sewage systems
not utilizing land, the density factor equals 1.0.
|
|
**
|
Applies to sites with well(s) as the water source.
For a site not utilizing well(s), the density factor equals 1.0. Also,
for any zoning district that requires the use of central water and
the central supply is proposed to be from on-site well(s), the density
factor may equal 1.0, provided it can be proven to the Township's
satisfaction that the water supply will be sufficient, will not cause
any adverse effects on existing wells, and all applicable Township
ordinances are met.
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D.
Compliance with buildable area and lot size standards.
(1)
Lot size. The lot size of each proposed lot must equal
or exceed the minimum lot size specified in the applicable zoning
district standards.
(2)
Total buildable area. The total buildable area of
each proposed lot must equal or exceed the minimum buildable area
for each building lot specified in the applicable zoning district
standards.
E.
Evaluation of compliance with EAFs and related dimensional
standards.
(1)
To facilitate evaluation of compliance with these
standards, the applicant's plan shall include a table listing the
following:
(a)
Total (gross) tract area.
(b)
Net tract area.
(c)
Total developable area of the tract.
(e)
Minimum lot size required by the applicable
zoning district.
(f)
Minimum buildable area required by the applicable
zoning district.
(g)
Lot size and buildable area proposed for each
building lot and lot proposed for purposes other than building.
F.
Natural features determination. The following procedure
shall be followed to determine the presence, location, and boundaries
of all natural features, and, except as provided for elsewhere in
this chapter, to address disputes concerning these features:
(1)
The presence, location, sizes, and boundaries of any
natural feature(s) shall be determined by the applicant through on-site
survey, reference to the natural features maps contained in the Township's
currently adopted Open Space Preservation Plan and/or other similar
Township planning document, and/or other resources acceptable to the
Township Engineer.
[Amended 11-3-2021 by Ord. No. 2021-04]
(2)
The Township Engineer shall review the applicant's
information and determine the adequacy of the applicant's plan with
respect to the presence, location, and boundaries of all natural features
located on the site(s).
(3)
If a dispute arises concerning the Township Engineer's
determination, the applicant shall have the burden of proving that
a different finding is warranted. The applicant shall submit to the
Township Engineer all technical information and documentation supporting
a different finding, including any information or findings from qualified
agencies such as the Soil Conservation Service. Upon review, the Township
Engineer shall make a final determination.
[Added 12-7-2021 by Ord. No. 2021-06]
All structures, uses, and activities, including subdivisions
and land developments, established, moved, or expanded after the effective
date of this section, shall comply with the following standards or
shall constitute a violation of this chapter. Site alterations, regrading,
filling, clearing, disturbing, impacting, or other alteration of any
natural resources must be done in full compliance with the following
provisions or shall constitute a violation of this chapter. The natural
resources protected under this section and the extent of such protections
are as follows:
A.
Floodplains and Floodplain (Alluvial) Soils. See Article XV, FP Floodplain Conservation District of this chapter.
B.
Heritage trees.
[Amended 2-7-2023 by Ord. No. 2023-01]
(1)
Heritage trees shall be preserved and protected to the greatest
extent feasible, as determined by the Township Engineer.
(2)
Where any land disturbance is proposed as part of any subdivision
or land development application, removal of heritage trees shall not
be permitted except where the landowner/developer demonstrates to
the satisfaction of the Township that such removal is essential to
eliminate hazardous condition(s). In consideration of any need for
tree removal, the Township may engage the services of an arborist,
reasonable costs therefore to be borne by the landowner/developer.
(3)
Where any applicant for building, zoning, subdivision, or land
development approval establishes conservation restrictions acceptable
to the Township which shall result in the conservation of heritage
trees, all such heritage trees to be retained shall be credited toward
any tree replacement required under this chapter, at the ratio of
seven trees credited for each heritage tree retained.
(4)
The applicant shall demarcate and protect any heritage tree
being retained on a site or lot being developed, constructed upon,
or graded by the placement of four-foot high safety fencing along
the tree protection zone for these retained heritage trees. No construction
activities, grading or other soil disturbance, dumping or storage
of materials/soil/rock, driving or parking of vehicles, nor any other
activity that could harm this natural resource shall occur within
this tree protection zone. Said fencing shall be erected prior to
any work on the site or lot commencing and shall be maintained until
the work is fully completed and all equipment and materials have been
removed. The safety fence shall be erected pursuant the manufacturer's
recommendations, so long as a fence post is placed at every corner/change
of direction and no fence post is more the 10 away from another post.
C.
Lakes, ponds, and watercourses. The entire extent of such areas shall
not be altered, regraded, developed, filled, piped, diverted, or built
upon; except that roads and trails may cross watercourses where design
approval is obtained from the Township and, if required, the Pennsylvania
Department of Environmental Protection and/or the U.S. Army Corps
of Engineers. These protections shall not apply to artificial/man-made
swales, ditches, and channels that have not become naturalized.
[Amended 2-7-2023 by Ord. No. 2023-01]
D.
Riparian buffer. No land disturbance shall be authorized within any
riparian buffer except as permitted below. The measurement of the
riparian buffer shall extend a minimum of 75 feet from each defined
edge, at bankfull flow or level, of a lake, pond, or watercourse,
or shall equal the extent of the 100-year floodplain, whichever is
greater. The buffer area will consist of two distinct protection zones.
(1)
Zone 1. This buffer area will begin at the edge of the lake,
pond, or watercourse and occupy a margin of land with a minimum width
of 35 feet measured horizontally on a line perpendicular to the edge
of water at bankfull flow or level. Only the following activities
are permitted in Zone 1:
(a)
Open space uses such as wildlife sanctuaries; nature preserves;
forest preserves; arboretums; naturized fishing areas; unpaved hiking,
biking, or bridle trails; and other passive areas for public or private
parklands.
(b)
Customary agricultural practices in accordance with a soil conservation
plan approved by the Montgomery County Conservation District and a
nutrient management plan in accordance with state requirements, if
applicable.
(c)
Pruning and removal of trees and other vegetation which are
dead, diseased or in such a condition or physical position as to constitute
a) a danger to the structures or occupants of property or a public
right-of-way, or b) a threat to the well-being of other viable trees
and shrubs or the stream channel, provided that any such activities
are performed by hand or with the aid only of tools or power equipment
which are handheld.
(d)
Afforestation, reforestation, streambank stabilization, and
vegetation management in accordance with an approved Riparian Buffer
Management Plan.
(e)
Routine maintenance and cleaning of streams and stream channels
pursuant to all applicable federal, state, and county laws and regulations.
(f)
Regulated activities permitted by the Commonwealth and the Township
for watercourse crossing or other encroachment (i.e., farm vehicle
and livestock, recreational trails, roads, sewer or water lines, and
utility transmission lines) provided that any disturbance is offset
by riparian buffer improvements and remediation as approved by the
Township and such activity is approved by conditional use.
(2)
Zone 2. This buffer zone will begin at the outer edge of Zone
1 and occupy a minimum width of 40 feet in addition to Zone 1. However,
where the width of the 100-year floodplain extends greater than 75
feet from the waterway, Zone 1 shall remain a minimum of 35 feet and
Zone 2 shall extend from the outer edge of Zone 1 to the outer edge
of the 100-year floodplain. Only the following activities/uses are
permitted in Zone 2:
(a)
All uses and activities allowed in Zone 1.
(b)
Recreational activities or uses not involving impervious surfaces
such as playing fields or golf courses, provided these uses are designed
in a manner that will not create or permit the concentrated flow of
stormwater.
(c)
Passive use areas such as camps, campgrounds, and picnic areas,
provided these uses are designed in a manner that will not create
or permit the concentrated flow of stormwater.
(d)
Naturalized stormwater basins provided the entire basin is located
a minimum of 50 feet from the defined edge of the identified lake,
pond, or watercourse and situated outside the 100-year floodplain.
(e)
Up to 50% of the depth of a required front, side, or rear yard
of a lot, so long as the activities conducted upon and the way this
area is maintained conforms with the requirements of this section.
(3)
Prohibited uses. Any use or activity not authorized in Subsection
D1 or 2 above shall be prohibited within the riparian buffer. The
following activities and facilities are specifically prohibited:
(a)
Clear cutting of trees and other vegetation, except where such
removal is necessary as a means to eliminate dead, diseased, or hazardous
tree stands that jeopardize public safety or as part of a Township
approved reforestation project. Removal is subject to revegetation
by native plants that are most suited to the riparian buffer.
(b)
Selective cutting of trees and/or the clearing of other vegetation,
except where such clearing is necessary to prepare land for a use
permitted under Subsection D1 or 2 above, or where removal is necessary
as a means to eliminate dead, diseased or hazardous trees. Removal
is subject to revegetation by native plants that are most suited to
the riparian buffer.
(c)
Removal or disturbance of vegetation in a manner that is inconsistent
with erosion control and protection of the riparian buffer and the
associated lake, pond, or watercourse.
(d)
Sod farming and/or topsoil removal.
(e)
Any type of permanent structure, including fences, except structures
needed for a use permitted herein.
(f)
Roads, access drives, or driveways, except as permitted as corridor
crossings by the Pennsylvania Department of Environmental Protection
and Township.
(g)
Parking lots.
(h)
Subsurface and elevated sewage disposal areas and other wastewater
disposal systems.
(i)
Storage of any toxic, hazardous, or noxious materials.
(j)
Use of fertilizers, pesticides, herbicides, and/or other chemicals
in excess of prescribed industry standards or the recommendations
of the Montgomery County Conservation District.
(k)
Any off-road motor vehicle traffic.
(l)
Any activity or use that creates within the riparian buffer
or permits into the riparian buffer the concentrated flow of surface
water. Runoff, stormwater, or other types of wastewater to be buffered
or filtered by the riparian buffer shall be limited to sheet flow
or subsurface flow only. Concentrated flows must be converted to sheet
flow or subsurface flows prior to entering the riparian buffer and/or
other measures necessary to mitigate the potential for erosion and
or pollution by such flows must be undertaken, as solely determined
by the Township Engineer.
(4)
Exceptions.
[Amended 2-7-2023 by Ord. No. 2023-01]
(a)
A riparian buffer for an ephemeral or intermittent watercourse
with an upstream drainage area of less than 75 acres shall only have
a Zone 1 as described and regulated in Subsection C(1) above. A Zone
2 shall not be required for a riparian buffer along such a watercourse.
(b)
A riparian buffer is not required along any artificial man-made
swale, ditch, or channel.
(5)
Revegetation of riparian buffer. In cases where a subdivision
or land development is proposed (except for those which qualify as
minor plans), replanting of the riparian buffer shall be required
where there is little or no existing streamside native vegetation.
Native vegetation approved by the Township must be used in replanting
efforts. Three layers of vegetation are required when replanting the
riparian buffer. These layers include herbaceous plants that serve
as ground cover, understory shrubs, and trees that form an overhead
canopy. The revegetation plan shall be prepared by a qualified professional
who has specific experience in the delineation of riparian buffer
areas, such as a landscape architect or engineer, and shall comply
with the following minimum requirements, unless modified by the Board
of Supervisors:
(a)
Ground cover. Ground cover consisting of a native seed mix extending
a minimum of 35 feet in width from the edge of the stream bank or
shoreline must be provided along the portion(s) of the riparian buffer
where little or no riparian vegetation exists. Appropriate ground
cover includes native plant material exclusive of noxious weeds as
defined by the Pennsylvania State Department of Agriculture. This
thirty-five-foot wide planted area shall be designated on the plan
as a "no mow zone" and shall be left as natural cover except in accordance
with the maintenance instructions stated on the plan.
(b)
Trees and shrubs. These planting layers include trees that form an overhead canopy and understory shrubs. Overstory trees are deciduous or evergreen trees that include oak, hickory, maple gum, beech, sycamore, hemlock, pine, fir, and other similar native trees that thrive in riparian areas. Evergreen and deciduous shrubs should consist of elderberry, viburnum, azalea, rhododendron, holly, laurel, alders, and other similar native understory shrubs that thrive in riparian areas. These plants shall be planted in an informal manner clustered within Zone 1 of the riparian buffer as indicated in Subsection D(5)(a) above, with an emphasis on streambank and shoreline stabilization. These plants shall be provided at a rate of at least one overstory tree and three understory shrubs for every 20 linear feet of each streambank/shoreline.
(c)
Exceptions. These planting requirements shall not apply to existing
farm fields located within the riparian buffer, if farming operations
are to be continued and the required state nutrient management plan
is met.
(6)
Crossing standards.
(a)
All crossings permitted under this section shall incorporate,
as required, the following design standards.
[1]
The width of the right-of-way should not be greater than the minimum right-of-way width required by Chapter 145, Subdivision and Land Development.
[2]
Crossings should be designed to cross the riparian
buffer at right angles to the greatest extent possible in order to
minimize disturbance of the buffer and the length of the crossing.
[3]
Crossings shall be separated by a minimum of 1,000
feet of buffer length, unless otherwise approved by the Board of Supervisors.
[4]
Bridges should be used in place of culverts when
crossings would require a seventy-two-inch or greater diameter pipe.
When culverts are installed, they should consist of slab, arch, or
box culverts and not corrugated metal pipe. Culverts should also be
designed to retain the natural channel bottom to ensure the passage
of water during low flow or dry weather periods.
(b)
Uses permitted in either Zone of a riparian buffer involving corridor crossings or other encroachment within the riparian buffer shall be mitigated by increasing the width of the buffer as replacement for the area lost due to the encroachment or disturbance, so that the total buffer area (land area within Zone One and Zone Two) for each applicable side of the lake, pond, or watercourse is equal to what would exist without such encroachment or disturbance. The buffer area is the product of the buffer width required by Subsections D(1) and D(2) above and the total length for each applicable side of the watercourse for which a riparian buffer is being established. Perimeter shall be used in place of length for determining a lake or pond buffer area. The increased width shall be spread throughout the buffer to the maximum extent possible. For watercourses, the increased width shall be applied along the length of the watercourse in blocks of 1,000 feet or more, or the full length of the buffer on the affected property, whichever is less.
(7)
Riparian buffer management plan.
(a)
Within any riparian buffer, no construction, development, use,
activity, or encroachment in connection with a subdivision or land
development shall be permitted unless the effects of such development
are addressed and mitigated by the implementation of a Riparian Buffer
Management Plan.
(b)
The landowner, applicant, or developer shall submit to the Township
a Riparian Buffer Management Plan prepared by a landscape architect,
engineer, or other qualified professional, which fully evaluates the
effects of any proposed uses on the riparian buffer when a subdivision
or land development is proposed for a site. The Riparian Buffer Management
Plan shall identify the existing conditions (vegetation, 100-year
floodplain, soils, slopes, etc.), all proposed activities, all proposed
revegetation, and all proposed management techniques, including any
measures necessary to offset disturbances to the riparian buffer.
The plan shall be approved by the Board of Supervisors as part of
the subdivision and land development review and approval process.
(8)
The landowner/developer shall demarcate any riparian buffer
on a site or lot being developed, constructed upon, or graded by the
placement of four-foot high safety fencing around the entire perimeter
of the buffer, except where the buffer is being crossed or encroached
upon in accordance with the requirement of this chapter or where the
buffer is more than 100 feet away from any area of disturbance. No
construction activities, grading or other soil disturbance, dumping
or storage of materials/soil/rock, driving or parking of vehicles,
nor any other activity that could harm this natural resource shall
occur within this protection zone, except activities undertaken in
accordance with the approved Riparian Buffer Management Plan. Said
fencing shall be erected prior to any work on the site or lot commencing
and shall be maintained until the work is fully completed and all
equipment and materials have been removed. The safety fence shall
be erected pursuant the manufacturer's recommendations, so long
as a fence post is placed at every corner/change of direction and
no fence post is more the 10 away from another post.
E.
Soils. Concerning soils, the following shall apply:
(1)
Hydric soils. No land disturbance shall be permitted within
any hydric soils, except in compliance with the following:
(a)
The landowner/developer shall demarcate any hydric soils on
a site or lot being developed, constructed upon, or graded by the
placement of four-foot high safety fencing around the perimeter of
such soils, except where the soils are being crossed in accordance
with the requirement of this chapter or where the soils are more than
100 feet away from any area of disturbance. No construction activities,
grading or other soil disturbance, dumping or storage of materials/soil/rock,
driving or parking of vehicles, nor any other activity that could
harm this natural resource shall occur within this protection zone.
Said fencing shall be erected prior to any work on the site or lot
commencing and shall be maintained until the work is fully completed
and all equipment and materials have been removed. The safety fence
shall be erected pursuant the manufacturer's recommendations,
so long as a fence post is placed at every corner/change of direction
and no fence post is more the 10 away from another post.
(b)
Regulated activities permitted by the Commonwealth and the Township
for the crossing of hydric soils (i.e., farm vehicle and livestock,
recreational trails, roads, sewer or water lines, and utility transmission
lines) are permitted, provided that any disturbance is offset by mitigation
and remediation improvements as approved by the Township; such activity
is approved by conditional use; and the crossing meets the following
standards:
[1]
The width of the right-of-way should not be greater than the minimum right-of-way width required by Chapter 145, Subdivision and Land Development.
[2]
Crossings should be designed to cross the area
of hydric soils at right angles to the greatest extent possible in
order to minimize disturbance of the soils and the length of the crossing.
[3]
Crossings shall be separated by a minimum of 1,000
feet, unless otherwise approved by the Board of Supervisors.
(2)
Sub-surface soil. The permanent removal of sub-surface soils,
whether soil, clay, or mineral in nature, for other than the on-site
construction or grading purposes shall be prohibited, except in permitted
extraction operations.
(3)
Topsoil. The permanent removal of topsoil from any parcel of
land shall comply with the following:
G.
Wetlands. In areas of wetlands, the following standards shall apply:
(1)
The entire extent of wetland areas shall not be altered, regraded,
filled, piped, diverted, or built upon.
(2)
Wetlands shall be defined in accordance with the standards specified
in the definition of wetlands. Wetland boundaries shall be delineated
through an on-site assessment conducted by a professional soil scientist.
Such person shall certify that the methods used correctly reflect
currently accepted technical concepts, including the presence of wetlands
vegetation, floodplain soils and/or hydrologic indicators. In the
event the standard for determination of a wetland accepted by the
U.S. Army Corps of Engineers conflicts with that accepted by the Pennsylvania
Department of Environmental Protection, or the Environmental Protection
Agency, the more restrictive standard shall be used in delineating
wetland areas.
(3)
If, after examination of the site by a wetlands specialist,
wetlands are found to exist, a wetlands delineation study shall be
prepared by a wetlands specialist, and copies of this study (including
reports, maps, and field logs) shall be submitted by the landowner/developer
to the U.S. Army Corps of Engineers for certification and to the Township
for review. The study shall be submitted with sufficient detail to
allow a thorough review by the Township Engineer prior to approval
by the Board of Supervisors. The Township shall have the right to
inspect the site as part of its review of the study, and the Township
reserves the right to verify the presence and/or extent of wetlands
through the retention of its own professional soil scientist. If,
after examination of the site, it is determined that wetlands are
not located on the site, all subdivision, and land development plans,
submitted to the Township must contain the following note, signed
and sealed by a wetlands specialist: "I hereby certify that no wetlands
exist on this site."
(4)
Wetland delineations shall be performed by wetlands specialists
to include those persons being certified professional soil scientists
as registered with the Soil Science Society of America Certification
Board (SSSA); or as contained on consultant's list of Pennsylvania
Association of Professional Soil Scientists (PAPSS); or as certified
by state and/or federal certification programs; or by a qualified
biologist/ecologist.
(5)
The landowner/developer shall demarcate any wetlands on a site
or lot being developed, constructed upon, or graded by the placement
of four-foot high safety fencing around the perimeter of the wetlands,
except where the wetlands are being crossed in accordance with the
requirement of this chapter or where the wetlands are more than 100
feet away from any area of disturbance. No construction activities,
grading or other soil disturbance, dumping or storage of materials/soil/rock,
driving or parking of vehicles, nor any other activity that could
harm this natural resource shall occur within this protection zone.
Said fencing shall be erected prior to any work on the site or lot
commencing and shall be maintained until the work is fully completed
and all equipment and materials have been removed. The safety fence
shall be erected pursuant the manufacturer's recommendations,
so long as a fence post is placed at every corner/change of direction
and no fence post is more the 10 away from another post.
(6)
Where the landowner/developer demonstrates to the Township's
satisfaction that there is no reasonable alternative, minor road crossings,
utility line crossings, streambank/shoreline rehabilitation, and endwalls
may be permitted within wetlands, so long as: state and federal permits
have been obtained for such work; any disturbance is offset by mitigation
and remediation improvements as approved by the Township; such activity
is approved by conditional use; and the crossing meets the following
standards:
(a)
The width of the right-of-way should not be greater than the minimum right-of-way width required by Chapter 145, Subdivision and Land Development.
(b)
Crossings should be designed to cross the wetlands at right
angles to the greatest extent possible in order to minimize disturbance
of the wetlands and the length of the crossing.
(c)
Crossings shall be separated by a minimum of 1,000 feet, unless
otherwise approved by the Board of Supervisors.
(7)
Any activity or use that creates or permits the concentrated
flow of surface water within or into a wetland is strictly prohibited.
Runoff, stormwater, or other types of wastewater to be buffered or
filtered by the wetlands shall be limited to sheet flow or subsurface
flow only. Concentrated flows must be converted to sheet flow or subsurface
flows prior to entering the wetlands and/or other measures necessary
to mitigate the potential for erosion and or pollution by such flows
must be undertaken, as solely determined by the Township Engineer.
(8)
When done in compliance with all state and federal laws and
regulations, the removal and replacement of invasive plans with appropriate
native vegetation is permitted in wetlands; provided that any such
activities are only performed by hand or with the aid of handheld
tools or power equipment.
H.
Wetlands margin. In areas of wetlands margins, the following standards
shall apply:
(1)
In order to minimize the adverse impacts of human activity;
to prevent groundwater contamination; to reduce surface run-off and
sedimentation; to protect the hydrology of the wetland; and to protect
wildlife habitats, a wetlands margin shall be established. For the
purpose of this section, the wetlands margin shall extend 50 feet
from the wetland boundary.
(2)
Except for the following activities, the entire extent of a
wetlands margin shall not be altered, regraded, filled, or built upon:
(a)
Open space uses such as wildlife sanctuaries; nature preserves;
forest preserves; arboretums; naturized fishing areas; paved/unpaved
hiking, biking, or bridle trails; and other passive areas for public
or private parklands.
(b)
Customary agricultural practices in accordance with a soil conservation
plan approved by the Montgomery County Conservation District and a
nutrient management plan in accordance with state requirements, if
applicable.
(c)
Recreational activities or uses not involving impervious surfaces
such as playing fields or golf courses.
(d)
Passive use areas such as camps, campgrounds, and picnic areas.
(e)
Normal property maintenance such as mowing, pruning, removal of invasive plants, and planting of native vegetation, subject to compliance with the restrictions listed in Subsection G(3) below; provided that any such activities are only performed by hand or with the aid of tools or power equipment which are size of or smaller than a riding lawnmower.
(f)
Street and driveway crossings, if no feasible alternative alignments
are available, and the crossing does not disturb more than 0.1 acre
(1/10 of an acre) of the margin within the tract or parcel and does
not come within 25 feet of a wetlands. Where wetlands are being crossed
in accordance with this section, the abutting wetland margin shall
only be crossed if this section's standards for a wetland crossing
are met for the associated crossing of the wetland margin.
(g)
Underground utilities, if no feasible alternative alignments
are available.
(3)
In all cases, any Pennsylvania Department of Environmental Protection
regulations under Title 25 of the Pennsylvania Code concerning activities
in wetlands margins shall be met.
(4)
The following activities are specifically prohibited in wetland
margins:
(a)
Removal, dumping, filling, excavation, or disturbance of the soil, other than in association with any activities identified in Subsection H(2) above.
(b)
Erection of structures or paving, other than in association with any activities identified in Subsection H(2) above.
(c)
Destruction of plant life which would alter vegetation patterns.
(d)
Any activity or use that creates or permits the concentrated
flow of surface waters within or into the wetlands margin. Runoff,
stormwater, or other types of wastewater to be buffered or filtered
by the wetlands margin shall be limited to sheet flow or subsurface
flow only. Concentrated flows must be converted to sheet flow or subsurface
flows prior to entering the wetlands margin and/or other measures
necessary to mitigate the potential for erosion and or pollution by
such flows must be undertaken, as solely determined by the Township
Engineer.
(5)
The landowner/developer shall demarcate any wetlands margins
on a site or lot being developed, constructed upon, or graded by the
placement of four-foot high safety fencing around the entire perimeter
of the margin, except where such margin is being crossed or encroached
upon in accordance with this chapter. No construction activities,
grading or other soil disturbance, dumping or storage of materials/soil/rock,
driving or parking of vehicles, nor any other activity that could
harm this natural resource shall occur within this protection zone.
Said fencing shall be erected prior to any work on the site or lot
commencing and shall be maintained until the work is fully completed
and all equipment and materials have been removed. The safety fence
shall be erected pursuant the manufacturer's recommendations,
so long as a fence post is placed at every corner/change of direction
and no fence post is more the 10 away from another post.
I.
Woodlands. In areas of woodlands, the following standards shall apply:
[Amended 2-7-2023 by Ord. No. 2023-01]
(1)
Woodlands in environmentally sensitive areas. No more than 20%
of woodlands located in environmentally sensitive areas shall be altered,
regraded, cleared, or built upon. Environmentally sensitive areas
shall include floodplains, floodplain soils, hydric soils, riparian
buffers, steep slopes, wetlands, and wetland margins.
(2)
Other woodland areas. Woodlands which are not located in environmentally sensitive areas [as defined in Subsection I(1) above] shall be protected in accordance with the following chart and shall not be altered, regraded, cleared, or built upon, unless the following requirements are met:
|
Table 170-41.1I(2)
| |||
|---|---|---|---|
|
Lot Size
(in acres)
|
Maximum Amount of Woodlands Allowed of be Disturbed without
Replacement Trees
|
Maximum Additional Woodlands Allowed to be Disturbed with Replacement
Trees
|
Total Allowed Disturbance of Woodlands
|
|
<1.5
|
90%
|
0%
|
90%
|
|
1.5 to <3
|
75%
|
0%
|
75%
|
|
3 to <6
|
60%
|
0%
|
60%
|
|
6 to <10
|
40%
|
10%
|
50%
|
|
10 and >10
|
30%
|
20%
|
50%
|
(a)
When woodlands are being disturbed which disturbance requires
replacement, all such disturbed woodlands shall be replaced on an
acre-for-acre basis through the planting of replacement trees (reforestation).
The actual number of replacement trees shall be calculated by multiplying
the acreage of disturbance requiring replacement by 200 trees per
acre. All replacement trees shall have a minimum caliper of 2 1/2
inches at the time of planting.
(b)
The planting of replacement trees shall be done in accordance with a woodlands management plan prepared by a consultant listed as a Pennsylvania Forester by the Pennsylvania Department of Conservation and Natural Resources, Bureau of Forestry and shall comply with the provisions of § 145-43.1B through E of the Township Code, except where the tree replacement only involves a single residential or nonresidential lot and no subdivision or land development; in such instances, the reforestation may take place anywhere on the lot in accordance with a submitted planting plan.
(c)
The planting of replacement trees shall occur on-site. If all
the replacement trees cannot be planted on-site, the landowner/developer
can plant them elsewhere within the Township with the approval of
the Board of Supervisors or can pay a fee in lieu of the required
replacement to the Township's Forest Conservation Fund, as opted
by the landowner/developer.
(d)
Subdivisions and land developments. Any plan seeking subdivision and/or land development approval pursuant to Chapter 145, Subdivision and Land Development, of the Township Code shall show compliance with the woodlands protections standards of this Subsection I, even if no disturbance is proposed as a part of this subdivision/land development plan. Upon approval of the plan, such proposed compliance shall run with the land and be followed by current and future owners of any property involved in this subdivision/land development.
(3)
The extent of any area of woodland disturbance shall be measured
to include the entire area within the CRZ of any tree, where any part
of the area within the CRZ of said tree is subject to woodland disturbance.
(4)
Except where a timber harvesting operation has been approved
by the Township, clear-cutting of any woodland area shall be prohibited
except to the minimum extent necessary to permit the implementation
of an approved land development or building permit in conformance
with this section.
(5)
Nothing in this subsection shall prevent or prohibit landowners
from removing dead or terminally diseased trees or any tree that poses
an immediate threat to people or property.
(6)
The landowner/developer shall demarcate and protect the remaining
trees on a site or lot being developed, constructed upon, or graded
by the placement of four-foot high safety fencing along the tree protection
zone for these remaining trees. No construction activities, grading
or other soil disturbance, dumping or storage of materials/soil/rock,
driving or parking of vehicles, nor any other activity that could
harm this natural resource shall occur within this tree protection
zone. Said fencing shall be erected prior to any work on the site
or lot commencing and shall be maintained until the work is fully
completed and all equipment and materials have been removed. The safety
fence shall be erected pursuant the manufacturer's recommendations,
so long as a fence post is placed at every corner/change of direction
and no fence post is more the 10 away from another post.
J.
Protections and demarcations.
(1)
Any plan being submitted to the Township in conjunction with
an application for a permit or other approval requiring compliance
with this section shall show all the natural resources on the site
or lot and demarcate all of the resources being protected in compliance
with this section, including the boundary of any protection zone and
the method by which protection will occur.
(2)
Once an amount of allowed disturbance for a natural resource
is determined for a specific site or lot, that determination shall
run with the land and shall be applicable to and limit any future
disturbance of that resource on that site or lot or upon lots created
out of that site or lot. The amount of allowed disturbance is specific
to the land itself and not to the landowner or developer of that land.
Likewise, the protections of areas of sites and lots demarcated as
protected shall also run with the land and be applicable to all future
landowners of and activities upon such areas.
(3)
Any property, lot, or parcel undergoing subdivision, development,
grading, or other activity requiring the demarcation and protection
of any natural resource shall have a covenant, easement, and/or restriction
recorded with the Montgomery County Recorder of Deeds requiring that
the protected natural resource area(s) depicted on the approved plot,
site, subdivision, and/or land development plan be protected and preserved
in accordance with this section. The language of such covenant, easement,
or restriction shall be to the satisfaction of the Township Solicitor.
(4)
An applicant, landowner, or developer shall determine the presence
on a site or lot of the natural resources listed in this section and
shall meet the standards for environmental protection listed in this
section prior to and in conjunction with applying for any permit,
or approval. In the event that two or more resources overlap, the
resource with the greatest protection shall apply to the area of overlap.
K.
The primary purposes of this section are as follows:
(1)
To recognize that many undeveloped parcels in the Township contain
significant amounts of environmentally sensitive resources including
floodplains, slopes, wetlands, streams, and woodlands.
(2)
To recognize that disturbance of these environmentally sensitive
resources results in negative impacts to the public health, safety,
and welfare by causing greater erosion, siltation and sedimentation,
flooding, degradation of water quality, and other adverse effects
on the environment.
(3)
To reduce the amount of nutrients, sediment, organic matter,
pesticides, and other harmful substances that reach watercourses,
wetlands, subsurface, and surface water bodies.
(4)
To promote, protect and facilitate proper density of land use
based on a site's capacity; the provisions of adequate light
and air; the provision of a safe, reliable and adequate water supply
for domestic, commercial agricultural or industrial use; the preservation
of the natural, scenic, and historic values in the environment; and
the preservation of forests, wetlands, aquifers, and floodplains.
(5)
To require protection of environmentally sensitive features
to the greatest extent possible by minimizing disturbance of these
areas.
(6)
To conserve natural features important to protect natural resources;
recognizing that headwater areas are highly sensitive to disturbance
from the impact of human activity.
