Township of Muhlenberg, PA Conservation Overlay Districts

The purpose and objective of the conservation overlay districts is to implement the goals, objectives and policies of the Muhlenberg Township Comprehensive Plan which pertain to conservation management, environmental resource protection, natural resources, and open space preservation. In order to strategically implement these goals, objectives and policies, the following conservation overlay districts are hereby established:

Floodplain Overlay District

Wetlands and Hydric Soil Overlay District

Steep Slope Overlay District

Woodland Protection and Management Overlay District

Carbonate Geology Overlay District

The conservation overlay districts incorporated under this article include provisions to supplement and enhance the existing underlying district regulations for certain land areas and water features. These supplemental regulations should not replace the existing underlying zoning district regulations. In cases where the conservation overlay districts should overlap, the more restrictive standards and specifications shall apply.

The land and water areas encompassed by the conservation overlay districts shall be subject to the interpretation of the Zoning Officer or a qualified professional, as designated by the Board of Commissioners.

Should a dispute arise concerning the interpretation of the boundaries or limits of those land or water areas encompassed by the conservation overlay districts, the person aggrieved by the interpretation may file an appeal with the Zoning Hearing Board. In all cases, the burden of proof and submission of technical evidence shall be the responsibility of the person appealing the interpretation of the Zoning Officer or other qualified professional, as designated by the Board of Commissioners.

§ 355-29 Floodplain Overlay District.

The Floodplain Overlay District shall be a conservation overlay to the underlying zoning districts of Muhlenberg Township. The purpose and objective of the Floodplain Overlay District are outlined as follows:

(1)

To promote the general health, welfare and/or safety of the community.

(2)

To encourage the utilization of appropriate construction practices in order to prevent or minimize flood damage in the future.

(3)

To minimize danger to public health by protecting water supply and natural drainage.

(4)

To reduce the financial burdens imposed on the community, its governmental or municipal units, and its residents by preventing excessive development in areas subject to flooding.

(5)

To require all those uses, activities and development that do occur in flood-prone areas to be protected and or floodproofed against flooding and flood damage.

(6)

To comply with federal and state floodplain management requirements.

(7)

To implement the recommendations concerning natural features, conservation management and land use, as outlined within the Muhlenberg Township Comprehensive Plan.

The Floodplain Overlay District shall include the land or water areas which are inundated or contained within such flood-prone features, including the floodway, the floodway fringe, the one-hundred-year floodplain, the special floodplain area, and the general floodplain area. These flood-prone features are further defined under Chapter 183, Flood Damage Prevention, of the Muhlenberg Township Code and by the Federal Emergency Management Agency.

The limits of the Floodplain Overlay District are identified in the most recent Flood Insurance Study and Flood Insurance Rate Maps, as prepared and issued by the Federal Emergency Management Agency.

All proposed uses, improvements and development requirements shall conform with the provisions specified under Chapter 183, Flood Damage Prevention, of the Muhlenberg Township Code.

All application procedures, administrative controls, technical provisions, permitted land uses, activities requiring special exceptions, existing or nonconforming provisions, variance procedures, and technical definitions are specified within Chapter 183, Flood Damage Prevention, of the Muhlenberg Township Code.

§ 355-30 Wetlands and Hydric Soil Overlay District.

The Wetlands and Hydric Soil Overlay District shall be a conservation overlay to the underlying zoning districts of Muhlenberg Township. The purpose and objective of the Wetlands and Hydric Soil Overlay District Overlay District are outlined as follows:

(1)

To direct growth, development and revitalization efforts by considering environmentally sensitive land areas.

(2)

To achieve and sustain a high quality natural resource system and to protect a natural diversity of ecosystems.

(3)

To provide aquatic habitats which are essential breeding, rearing and feeding grounds for many species of fish, plants and other wildlife.

(4)

To develop a protective zone to serve as a natural filter in the removing of pollutants such as bacteria, acid and sediment from groundwater and surface water.

(5)

To implement an effective hydrological and stormwater management program that adequately addresses surface drainage, groundwater recharge and soil erosion control measures.

(6)

To implement best management practices.

(7)

To implement the recommendations concerning natural features, conservation management and land use, as outlined within the Muhlenberg Township Comprehensive Plan.

The Wetlands and Hydric Soil Overlay District shall include the following land and water features:

(1)

All areas delineated as wetlands on the most recent National Wetlands Inventory Maps as prepared by the United States Fish and Wildlife Service.

(2)

All areas delineated as wetlands by a qualified professional or soil scientist with experience in delineating wetlands.

(3)

All areas delineated as wetlands by the United States Army Corps of Engineers as part of a jurisdictional determination.

(4)

All areas encompassed by hydric soils, as defined and mapped by the United States Department of Agriculture, Natural Resources Conservation Service.

(5)

All areas encompassed by high water table soils with hydric characteristics, as defined and mapped by the United States Department of Agriculture, Natural Resources Conservation Service.

All uses permitted within the underlying zoning districts shall be permitted as part of the Wetlands and Hydric Soil Overlay District, provided that the land area intended to facilitate the proposed use and related site improvements has not been delineated as a wetlands area by the United States Army Corps of Engineers, the Pennsylvania Department of Environmental Protection, the Berks County Conservation District, or by a qualified professional or soil scientist with experience in delineating wetlands.

For all subdivision or land development applications involving areas with hydric soils and/or areas considered to be wetlands, a qualified professional or soil scientist with experience in delineating wetlands shall conduct a field investigation and delineate the limits of the wetlands on the parcel of land being subdivided or developed. As part of this requirement, a report containing the field investigation notes, wetland data sheets, summary, conclusions and resume of the person(s) responsible for the field investigation shall be issued to Muhlenberg Township for review and consideration. Further, the subdivision plan or land development plan shall contain a certification note that has been endorsed by the qualified person(s) responsible for the field investigation and the wetlands delineation, as accurately depicted on the subdivision plan or land development plan.

For all areas that have been delineated as a wetlands area, the following provisions and restrictions shall apply:

(1)

No wetland encroachment or earth disturbance activities shall be permitted unless the appropriate permits or approvals have been obtained from the Pennsylvania Department of Environmental Protection and/or the United States Army Corps of Engineers.

(2)

If a jurisdictional determination has been issued by the United States Army Corps of Engineers, there shall be no requirements for a buffer zone from the areas that have been delineated as wetlands.

(3)

If a jurisdictional determination has not been issued by the United States Army Corps of Engineers, a twenty-five-foot buffer zone shall be applied to all areas that have been delineated as wetlands, as measured from the perimeter of the wetlands area. Unless otherwise permitted by Muhlenberg Township, no encroachment or earth disturbance activities shall be permitted within the required buffer zone. The buffer zone may be reduced or eliminated by the Board of Commissioners if the applicant can sufficiently demonstrate that there will be no degradation or negative impacts to the wetlands as a result of the reduction or elimination of the buffer zone.

(4)

All areas delineated as wetlands within Muhlenberg Township are subject to the land use restrictions and controls as specified by Muhlenberg Township, the Pennsylvania Department of Environmental Protection and/or the United States Army Corps of Engineers. Where encroachments or earth disturbance activities are proposed for any improvements, the appropriate approvals or permits must be obtained by the applicant from the governing agency.

Unless otherwise permitted by the Pennsylvania Department of Environmental Protection, no on-lot sewage disposal system shall be located within any area of the Wetlands and Hydric Soil Overlay District.

Unless otherwise required by Muhlenberg Township, a wetlands delineation shall be conducted for all areas in which earth disturbance activities or improvements are proposed within the Wetlands and Hydric Soil Overlay District.

§ 355-31 Steep Slope Overlay District.

The Steep Slope Overlay District shall be a conservation overlay to the underlying zoning districts of Muhlenberg Township. The purpose and objective of the Steep Slope Overlay District are outlined as follows:

(1)

To protect certain land areas classified as "steep slopes" from inappropriate subdivision and land development activity which could result in accelerated erosion, increased volume and velocity of stormwater, and degradation of surface waters.

(2)

To permit only those uses of steep slopes which are compatible with the conservation of the natural conditions, habitats and environment by maintaining existing topographical conditions and minimizing earth disturbance activities.

(3)

To encourage the utilization of appropriate construction and land development practices.

(4)

To direct growth, development and revitalization efforts by considering environmentally sensitive areas.

(5)

To implement the recommendations concerning natural features, conservation management and land use, as outlined within the Muhlenberg Township Comprehensive Plan

The Steep Slope Overlay District shall include the following three slope categories:

(1)

Category 1 slopes: All land areas in which the topographical conditions have a range of slope between 10% and 20% in slope in predevelopment conditions, where the difference in vertical elevation ranges between five and 10 feet over a horizontal distance of 50 feet as measured in any given direction

(2)

Category 2 slopes: All land areas in which the topographical conditions have a range of slope between 20% and 30% in slope in predevelopment conditions, where the difference in vertical elevation ranges between 10 and 15 feet over a horizontal distance of 50 feet as measured in any given direction.

(3)

Category 3 slopes: All land areas in which the topographical conditions exceed a slope of 30% in slope in predevelopment conditions, where the difference in vertical elevation is 15 feet or more over a horizontal distance of 50 feet as measured in any given direction.

All uses permitted within the underlying zoning districts shall be permitted as part of the Steep Slope Overlay District, provided that the lot or parcel intended to facilitate the proposed use and related site improvements does not conflict with the provisions of the Steep Slope Overlay District.

The following subdivision and land development provisions shall apply to all lots or parcels, regardless of their size, where at least 10% of the lot or parcel includes Category 1 slopes:

(1)

Where feasible, the principal building and use shall not be located on Category 1 slopes.

(2)

The maximum building coverage for the proposed use, as specified by the zoning district requirements, shall be reduced by 10%.

(3)

The maximum lot coverage for the proposed use, as specified by the zoning district requirements, shall be reduced by 10%.

(4)

Unless otherwise permitted by Muhlenberg Township, the final grading on any lot or parcel with Category 1 slopes shall not exceed a three-to-one side slope or horizontal-to-vertical ratio for any area which has been disturbed as a result of the improvements. Grades exceeding a three-to-one ratio may be permitted by Muhlenberg Township, provided the following conditions apply: the grading and earth disturbance impacts will be minimized; the stabilization of adjacent land areas will be enhanced; the stormwater runoff will be sufficiently controlled; the site improvements will be designed, constructed and installed considering best engineering practices that are acceptable to the Muhlenberg Township Engineer and Zoning Officer; and that the health, safety and general welfare of the community has been considered.

The following subdivision and land development provisions shall apply to all lots or parcels, regardless of their size, where at least 10% of the lot or parcel includes Category 2 slopes:

(1)

The principal building and use may be located on Category 2 slopes, provided that a professional engineer, licensed within the Commonwealth of Pennsylvania, submits documentation to Muhlenberg Township indicating that the construction methods to be utilized can overcome adverse impacts associated with steep slopes, erosion and stabilization. All such documentation shall be signed and sealed by the professional engineer and subject to the approval of Muhlenberg Township.

(2)

Where feasible, all accessory buildings, uses and driveways shall not be located on or traverse through Category 2 slopes.

(3)

The maximum building coverage for the proposed use, as specified by the zoning district requirements, shall be reduced by 15%.

(4)

The maximum lot coverage for the proposed use, as specified by the zoning district requirements, shall be reduced by 15%.

(5)

Unless otherwise permitted by Muhlenberg Township, the final grading on any lot or parcel with Category 2 slopes shall not exceed a three-to-one side slope or horizontal-to-vertical ratio for any area which has been disturbed as a result of the improvements. Grades exceeding a three-to-one ratio may be permitted by Muhlenberg Township, provided the following conditions apply: the grading and earth disturbance impacts will be minimized; the stabilization of adjacent land areas will be enhanced; the stormwater runoff will be sufficiently controlled; the site improvements will be designed, constructed and installed considering best engineering practices that are acceptable to the Muhlenberg Township Engineer and Zoning Officer; and that the health, safety and general welfare of the community has been considered.

(6)

Municipal, utility and conservation uses shall be permitted on Category 2 slopes.

The following subdivision and land development provisions shall apply to all lots or parcels, regardless of their size, where at least 10% of the lot or parcel includes Category 3 slopes:

(1)

The principal building and use shall not be located on Category 3 slopes.

(2)

All accessory buildings, uses and driveways shall not be located on or traverse through Category 3 slopes.

(3)

The maximum building coverage for the proposed use, as specified by the zoning district requirements, shall be reduced by 20%.

(4)

The maximum lot coverage for the proposed use, as specified by the zoning district requirements, shall be reduced by 20%.

(5)

Unless otherwise permitted by Muhlenberg Township, the final grading on any lot or parcel with Category 3 slopes shall not exceed a three-to-one side slope or horizontal-to-vertical ratio for any area which has been disturbed as a result of the improvements. Grades exceeding a three-to-one ratio may be permitted by Muhlenberg Township, provided the following conditions apply: the grading and earth disturbance impacts will be minimized; the stabilization of adjacent land areas will be enhanced; the stormwater runoff will be sufficiently controlled; the site improvements will be designed, constructed and installed considering best engineering practices that are acceptable to the Muhlenberg Township Engineer and Zoning Officer; and that the health, safety and general welfare of the community has been considered.

(6)

Municipal, utility and conservation uses shall be permitted on Category 3 slopes.

Where a lot or parcel of land includes more than one slope category, the more restrictive provisions specified by this section shall apply.

All applications involving a building permit, subdivision and/or land development plan shall include a detailed topographical analysis which includes a depiction of the slope categories at a scale of one inch equaling 50 feet. The Zoning Officer or other qualified professional, as designated by the Board of Commissioners, shall review the accuracy of the topographical analysis. Where necessary, field verification should be conducted by the applicant to verify the accuracy of the topographical analysis.

§ 355-32 Woodland Protection and Management Overlay District.

The Woodland Protection and Management Overlay District shall be a conservation overlay to the underlying zoning districts of Muhlenberg Township. The purpose and objective of the Woodland Protection and Management Overlay District are outlined as follows:

(1)

To protect areas classified as woodlands from inappropriate subdivision, land development and conservation management activities.

(2)

To acknowledge that woodlands are a vital resource and provide a number of community benefits, including minimizing erosion on areas of steep slopes and stream banks; improving groundwater quality and quantity by filtering out pollution and sediment; providing wildlife habitats for plants and animals; providing effective stormwater management and erosion control; providing shade from direct sunlight and reducing temperatures; stabilizing adverse climate conditions by providing buffers and wind breaks; providing active and passive recreation opportunities; enhancing the scenic characteristics; and reducing air pollution by absorbing airborne pollutants.

(3)

To establish forestry and timber regulations that will effectively promote good forest stewardship, protect the rights of adjoining property owners, and minimize the potential of adverse environmental impacts created by inappropriate timber harvesting.

(4)

To minimize the clear-cutting of woodlands and other earth disturbance activities which may create adverse environmental and ecological impacts.

(5)

To implement the recommendations concerning natural features, conservation management and land use, as outlined within the Muhlenberg Township Comprehensive Plan.

The Woodland Protection and Management Overlay District shall include the following activities:

(1)

Woodland extraction and tree replacement provisions, which apply to all subdivision and land development activities subject to § 355-33 of the Muhlenberg Township Code.

(2)

Forestry, timber harvesting, tree harvesting and logging regulations, which apply to all operations involved with the cutting down of trees and removal of logs from woodlands or forests for the primary purpose of sale and commercial processing into wood products subject to § 355-34 of the Muhlenberg Township Code.

§ 355-33 Woodland extraction and replacement.

Woodland extraction shall be permitted within all underlying zoning districts, provided it is conducted in a manner to facilitate all necessary site improvements, as identified on an approved subdivision plan, land development plan, erosion and sedimentation control plan, and/or building permit. For the purposes of this chapter, "woodland extraction" is hereby defined as the clear-cutting or removal of mature trees, as measured six inches or more in caliper, to provide area for improvements on an individual lot or parcel of land, as the mature trees exist in predevelopment conditions.

The following provisions shall apply to all lots or parcels, regardless of their size, where woodland extraction measures are proposed on at least 20% but less than 40% of the lot or parcel, as the mature trees exist in predevelopment conditions:

(1)

The removal of mature trees and other significant vegetation shall be mitigated by the replacement of two trees per lot or parcel. At least one tree shall be considered as a street tree, with a minimum caliper of three inches and located 10 feet from the street right-of-way line. The other tree shall have a minimum caliper of two inches and shall be planted within the internal area of each lot or parcel.

(2)

For areas designated as common open space or utility parcels, the removal of mature trees and other significant vegetation shall be mitigated by the replacement of five trees per acre. Where feasible, street trees should be incorporated into the landscaping design. All street trees shall have a minimum caliper of three inches and be located at least 10 feet from the street right-of-way line. The other trees shall have a minimum caliper of two inches and shall be planted within the internal area of the common open space or unity parcel.

(3)

In order to satisfy these conditions, the applicant shall submit a landscaping plan to Muhlenberg Township for review and consideration. Unless otherwise permitted by the Board of Commissioners, the landscaping plan shall be prepared by a landscape architect, registered within the Commonwealth of Pennsylvania. The size, type or species, location, and planting specification of the replacement trees as well as all vegetation shall be specified on the landscaping plan.

(4)

Where the provisions of this section cannot be feasibly implemented, the required replacement trees shall be planted in an area designated as common open space within the development or any parcel of land owned and maintained by Muhlenberg Township. The location of these replacement trees shall be subject to approval by the Board of Commissioners.

The following provisions shall apply to all lots or parcels regardless of their size where woodland extraction measures are proposed on at least 40% but less than 60% of the lot or parcel, as the mature trees exist in predevelopment conditions:

(1)

The removal of mature trees and other significant vegetation shall be mitigated by the replacement of three trees per lot or parcel. At least one tree shall be considered as a street tree, with a minimum caliper of three inches and located 10 feet from the street right-of-way line. The other two trees shall have a minimum caliper of two inches and shall be planted within the internal area of each lot or parcel.

(2)

For areas designated as common open space or utility parcels, the removal of mature trees and other significant vegetation shall be mitigated by the replacement of 10 trees per acre. Where feasible, street trees should be incorporated into the landscaping design. All street trees shall have a minimum caliper of three inches and be located at least 10 feet from the street right-of-way line. The other trees shall have a minimum caliper of two inches and shall be planted within the internal area of the common open space or utility parcel.

(3)

(4)

Unless otherwise approved by the Board of Commissioners, woodland extraction measures should not account for the removal or clear-cutting of 60% of the mature trees that are located on a lot or parcel in predevelopment conditions.

If additional trees are removed or extracted for the purposes of grading or municipal improvements during the construction sequence, the applicant shall replace all such trees at a ratio of three replacement trees per each mature tree that has been incidentally timbered and/or cleared. The type and location of all such replacement trees shall be subject to the approval of the Board of Commissioners.

Unless otherwise specified by the requirements of this section, all replacement trees must comply with the provisions of § 355-102 of this chapter.

§ 355-34 Forestry, timber harvesting, tree harvesting and logging.

Forestry, timber harvesting, tree harvesting and/or logging shall be permitted within all underlying zoning districts, provided it is conducted in accordance with the provisions of this section of the Muhlenberg Township Code.

A permit shall be required from Muhlenberg Township for any forestry, logging, timber harvesting and/or tree harvesting activities where five or more trees per acre are removed from any lot or parcel per year. It shall be unlawful for any person to engage in any forestry, timber harvesting, tree harvesting and/or logging on any lot or parcel of land within Muhlenberg Township without first submitting a forest management plan and securing the proper permits. Unless otherwise required by Muhlenberg Township, the following permit application procedures and requirements shall apply:

(1)

A complete application and filing fee shall be submitted by the applicant or person engaged with the proposed forestry, timber harvesting, tree harvesting or logging activities, as imposed by resolution by the Board of Commissioners.

(2)

A forest management plan of the property where the proposed forestry, timber harvesting, tree harvesting or logging activity shall occur, which includes the following:

(a)

An identification of the concerned property; the legal owners of the property; the mailing address(s) and phone number(s) of the legal property owners, operators and applicant, at which they can be reached during normal business hours.

(b)

The property's boundaries as well as the specific areas of the site on which the work is to be performed and describing existing and proposed improvements and features of the property and the area surrounding the site of the work, including topography, existing vegetation, watercourses, man-made features, the affected watersheds and other natural features.

(c)

A topographical survey of the site, depicting topographic features, both existing and proposed, at a suitable scale of no less than one inch equals 50 feet and with contour intervals of no more than two feet, prepared by a registered surveyor or registered engineer, including a boundary line survey, the location and description of vegetative cover, soil types and other pertinent existing natural or man-made features.

(d)

A complete description of the planned forestry, timber harvesting, tree harvesting or logging operation, as well as a description of the planned replanting of the lot, as prepared and submitted by an approved forester. Where no replanting is planned, a statement from the approved forester describing the reasons why, in his opinion, the characteristics of the lot and vegetation situate thereon make natural regeneration appropriate or why such replanting is not otherwise necessary.

(e)

An analysis by the approved forester of the soil erosion likely to occur as a result of the planned forestry, timber harvesting, tree harvesting or logging operation and recommended counter-erosion measures.

(f)

A description of the counter-erosion measures that will be utilized by the landowners.

(g)

A drawing showing the design, construction, maintenance and retirement of the access system, including haul roads, skid roads, skid trails and landings.

(h)

The location of protective fencing for areas which are not to be harvested.

(i)

An estimated starting and completion date for the timber harvesting, tree harvesting or logging activities.

(j)

The location of the proposed temporary off-street parking and loading spaces which shall accommodate the maximum number of employees of the logging, timber harvesting or tree harvesting activities during the greatest shift.

(3)

A soil erosion and sediment control plan of the property where the proposed forestry, timber harvesting, tree harvesting or logging activity shall be, which shall be submitted in accordance with the provisions of Chapter 310, Subdivision and Land Development, of the Muhlenberg Township Code.

(4)

A stormwater management plan of the property where the proposed forestry, timber harvesting, tree harvesting or logging activity shall be submitted in accordance with the stormwater management provisions of Chapters 297, Stormwater Management, and 310, Subdivision and Land Development, of the Muhlenberg Township Code.

(5)

Complete copies of any permits or licenses, as required by federal or commonwealth laws and regulations.

The requirements of this section of the chapter shall be in addition to rather than in substitution of those provisions of the Muhlenberg Township Subdivision and Land Development Ordinance (Chapter 310) relating to stormwater and surface water drainage, grading and erosion control, and stormwater management.

Where applicable, a separate application shall be required for each permit. Three copies of all permit and plan documents, as referred to in this section, shall be submitted with each application, one of which, at the discretion of the Muhlenberg Township Zoning Officer or Engineer, shall be submitted to the Berks County Conservation District for review and comment.

The following regulations shall apply to all forestry, timber harvesting, tree harvesting and logging operations within Muhlenberg Township:

(1)

Felling or skidding on or across any public road is prohibited without the express written consent of Muhlenberg Township or the Pennsylvania Department of Transportation, whichever is responsible for maintenance of the public road.

(2)

No tops or slash shall be left within 25 feet of any public road right-of-way.

(3)

All tops and slash between 25 and 50 feet from a public road right-of-way or private road providing access to adjoining residential property or within 50 feet of adjoining residential property shall be lopped to a maximum height of four feet above the surface of the ground.

(4)

No tops or slash shall be left on or across the boundary of any property adjoining the operation.

(5)

Litter resulting from the forestry, timber harvesting, tree harvesting or logging operation shall be removed from the property at least once every seven days.

(6)

All holes created in the course of any tree harvesting operation shall be filled to grade with soil.

(7)

The total number of trees harvested over any three-year period may not exceed 65% of the total basal area per acre in interior areas, other than those described in this section.

(8)

In areas within 50 feet of lot boundaries, the total number of trees harvested over any three-year period may not exceed 40% of the total basal area per acre in such area. Moreover, harvesting in these boundary areas may not be undertaken in such a manner as to concentrate most or all or the tree harvesting in portions of such boundary areas if the result thereof would be the harvesting of more than 40% of the trees in such portions.

(9)

No timber harvesting, tree harvesting or logging operation shall occur within 100 feet of any watercourse.

(10)

All land areas and properties which are used for timber harvesting, tree harvesting or a logging operation shall be reseeded in compliance with the forest management plan and erosion and sediment control plan required by the Muhlenberg Township Code.

(11)

It shall be the responsibility of the landowner and operator to ensure that tops and slash are appropriately disposed from the property and are not burned within the Township.

The following provisions for inspections, permit fees, and permit approval shall apply to all forestry, timber harvesting, tree harvesting and logging operations within Muhlenberg Township:

(1)

The Board of Commissioners shall, by resolution, establish a schedule of fees for all permit applications required by this section of the chapter. The required fee shall be submitted with the application, which shall not be considered for approval until the application fee is paid.

(2)

The Muhlenberg Township Engineer or Zoning Officer shall review the applicant's permit application, together with all plans, surveys, schedules, design criteria and other documents submitted or required to be submitted as part of the permit application procedure, together with any and all amendments thereto, and shall prepare a report of his findings and recommendations with respect to the same as he shall determine necessary prior to the issuance of any permit or permits. The cost of all such plan review and inspections shall be paid for by the applicant.

(3)

To ensure payment of all review and inspection fees, at the time of application the applicant shall deposit with Muhlenberg Township a sum sufficient to cover the costs of such plan review, together with the cost of any inspections by the Muhlenberg Township Engineer or Zoning Officer.

(4)

The Muhlenberg Township Engineer or Township Zoning Officer shall approve and issue all permits, and no work shall commence without the issuance of such permit approval.

Any permit issued under this section may be revoked or suspended by the Muhlenberg Township Engineer or Zoning Officer after notice to the permit holder for:

(1)

Failure to comply with the terms specified by this section of the chapter.

(2)

A violation of any condition of the permit.

(3)

Violation of any provision of this section of the chapter or any other applicable law, ordinance, rule or regulation relating to the forestry, timber harvesting, tree harvesting or logging operations.

(4)

Any conditions or activities conducted on the property which constitute or create a nuisance, hazard or endanger human life or the property of others.

The landowner and the operator shall be responsible for repairing any damage to public or private roads caused by traffic associated with a forestry, timber harvesting, tree harvesting or logging operation. Pursuant to 67 Pa. Code, Chapter 189, the landowner or operator shall furnish a bond in an amount determined by the Muhlenberg Township Engineer to guarantee the repair of such damages. The landowner and operator shall clean any mud or debris that is tracked onto public or private roads and shall be responsible for repairing berms, shoulders, swales and/or stormwater management facilities on public or private roads which may be damaged due to the timber harvesting, tree harvesting or logging operation. All soil and debris washed or carried onto public streets during timber harvesting, tree harvesting or logging operations shall be cleaned on a daily basis.

The Muhlenberg Township Engineer, Zoning Officer, or other designated professional may go upon the property where any forestry, timber harvesting, tree harvesting or logging operation is occurring to determine if the requirements of this section and of the permit, including conditions thereof, or to the plans and specifications submitted with the permit application, including modifications thereof, or to the approved runoff and erosion control plan are being followed. If Muhlenberg Township determines that the landowner or operator is not complying with permit application, supporting plans, or other provisions established within this section of the chapter, Muhlenberg Township shall send a written notice to the landowner, operator and applicant, which notice shall set forth the nature of corrections required and the time within which corrections shall be made. If the landowner, operator or applicant fails to comply with the notice in the time specified, the applicant shall be considered in violation of this section of the chapter, in which case Muhlenberg Township is entitled to seek all appropriate remedies at law, including the penalty provisions established within the Muhlenberg Township Code.

§ 355-35 Carbonate Geology Overlay District.

The Carbonate Geology Overlay District shall be a conservation overlay to the underlying zoning districts of Muhlenberg Township. The purpose and objective of this conservation overlay district is outlined as follows:

(1)

To identify and protect certain land and water areas in which the underlying geological formations contain limitations for subdivision and land development activity.

(2)

To develop provisions and safeguards for certain land and water areas which have the potential for sinkhole development, subsidence, bedrock pinnacles, and groundwater infiltration and groundwater contamination.

(3)

To protect the water resources associated with carbonate geologic formations from land use and development patterns which would threaten their quality and quantity as a result of pollution and the alteration of natural drainage patterns.

(4)

To protect the health, safety and general welfare of the residents, property owners, and business owners of Muhlenberg Township.

(5)

To encourage the utilization of appropriate construction and land development practices.

(6)

To implement the recommendations concerning natural features, conservation management and land use, as outlined within the Muhlenberg Township Comprehensive Plan.

The Carbonate Geology Overlay District shall include limestone and dolomite formations, which are defined and illustrated within the Muhlenberg Township Comprehensive Plan and the Geological Map of Pennsylvania. These carbonate geological formations are commonly known as the Allentown Formation (Cal), Leithsville Formation (Clv), Epler Formation (Oe), the Ontelaunee Formation (Oo) and the Rickenback Formation, which are principally located throughout much of the lowland areas of Muhlenberg Township.

In reviewing all applications involving subdivision, land development, building and construction, Muhlenberg Township shall make its review on the basis of carbonate geological formation boundaries, as depicted within the Muhlenberg Township Comprehensive Plan, on the Geological Map of Pennsylvania and/or any other reliable geological resource.

Within the Carbonate Geology Overlay District, alteration and/or development of land may be hazardous with respect to foundation stability, water seepage into basements, the safety of structures, the creation of unstable land as a result of changes in drainage, and the contamination of groundwaters and surface waters. Based upon the information available at the time of review of certain applications, the professional staff of consultants appointed by Muhlenberg Township will attempt to make reasonable judgments as to the compliance with the standards and specifications established under this section of the chapter. However, under no circumstances shall the approval of any subdivision or land development plan or its approval of any building permit create any liability on the part of Muhlenberg Township or any officer, staff member, or consultant of Muhlenberg Township for any damage that may result from an applicant's or any interested party's reliance upon the regulations of this section of the chapter or any decisions made by Muhlenberg Township in the administration of such regulations.

Except for those uses, structures and land subdivisions exempted from this section of the chapter, no structure, land or water shall be used or developed and no structure shall be located, extended, converted or structurally altered without full compliance with the procedures and standards set forth in this section of the chapter. The following activities are exempted from these standards and procedures:

(1)

The construction and/or alteration of a single-family detached dwelling, or structure accessory thereto, on a lot held in single and separate ownership on the effective date of this chapter and a permitted on-lot sanitary sewer system to serve such dwelling.

(2)

One below-ground tank for the storage of not more than 1,000 gallons of home heating oil intended to serve a single-family dwelling.

(3)

Subdivisions of land containing two or fewer lots, where the proposed use is limited to one single-family detached dwelling per approved lot.

Where interpretation is needed as to the exact location of the boundaries of the carbonate geological formations, the following procedures and requirements shall be applied:

(1)

Unless other reliable geological documentation, maps or studies are submitted to Muhlenberg Township, the geological formations as depicted within the Muhlenberg Township Comprehensive Plan or Geological Map of Pennsylvania shall apply.

(2)

Where there appears to be a conflict between a mapped boundary and actual field conditions, an initial determination of the exact boundary of the carbonate geological formations shall be made by the Muhlenberg Township Engineer or a professional consultant appointed by Muhlenberg Township based upon the information submitted by an applicant seeking subdivision or land development approval. Any applicant or person seeking such determination shall submit a geological study of the area in question or other pertinent documentation for consideration. The Muhlenberg Township Engineer or the professional consultant appointed by Muhlenberg Township shall make a written report of the results of his determination within 60 days of such submission. A copy of this report shall be submitted to the Zoning Officer, who shall make the final determination based upon the information submitted by the applicant and the report issued by the Muhlenberg Township Engineer or the professional consultant appointed by Muhlenberg Township.

(3)

Any party aggrieved by any such determination of the Zoning Officer may appeal to the Zoning Hearing Board. The applicant or person contesting the location of the carbonate geological formations district boundary shall have the burden of proof in case of any such appeal.

Unless otherwise exempted from the carbonate geological requirements of this chapter, all persons or applicants seeking building, construction, subdivision and/or land development approval shall submit an environmental impact assessment (EIA) report to Muhlenberg Township for review and consideration. At a minimum, the EIA report shall be prepared in accordance with the following provisions:

(1)

Unless otherwise directed by Muhlenberg Township, the format and contents of the EIA report should be as follows:

(a)

Statement of purpose: This section shall indicate the design standards specified by this section of the chapter have been addressed and whether the applicant is attempting to demonstrate compliance or justify noncompliance with those design standards.

(b)

Description of existing conditions: This section shall present a description of existing characteristics of the property, including geology, topography, groundwater and surface water hydrology, soils, vegetation and existing improvements and uses.

(c)

Description of the proposed action: This section shall describe the proposed action, including types, locations and phasing of proposed site disturbances and construction, together with proposed future ownership and maintenance of the property and the proposed improvements. A description of the proposed action must either be included within or accompany the environmental assessment report.

(d)

Proposed mitigation measures: This section shall describe all measures proposed by the applicant to control potential and adverse environmental impacts which may occur as a result of the proposed action and as identified by the Muhlenberg Township Engineer in his report on the application.

(e)

List of professional and qualifications: The names, addresses, telephone numbers, resumes and qualifications of the persons directly responsible for preparing the EIA report shall be provided.

(f)

Appendixes. Any additional information which the applicant wishes to provide may be included in one or more appendixes to the report.

(2)

The EIA report shall include a map of the size and scale specified under Chapter 310, Subdivision and Land Development, of the Code. The map should accurately depict the location of the property and the plan, showing all proposed improvements thereon and their geographic relationship to the Carbonate Geology Overlay District. Unless otherwise approved by Muhlenberg Township, the applicant shall utilize the carbonate geological boundaries depicted within the Muhlenberg Township Comprehensive Plan or Geological Map of Pennsylvania.

(3)

For areas proposed for grading and/or the construction of buildings, structures and/or other improvements of any kind, the EIA report shall identify and map all known or reasonably determinable data for such areas gathered and prepared by a professional geologist or soils scientist indicating the presence of any carbonate geological features, including but not limited to depressions; fissures, lineaments, faults or fracture traces; "ghost lakes" occurring after rainfall events; outcrops of bedrock; seasonal high-water tables; sinkholes; lineaments; soil types and soil mottling; and springs and/or surface drainage entering the ground. All such data shall be based on field surveys and/or published data, but in either case shall be supported by an explanation of its source, including the qualifications of the individuals directly responsible for preparing such data.

(4)

As part of the EIA report, the applicant shall furnish a detailed plan prepared in accordance with the requirements of Chapter 310, Subdivision and Land Development, indicating existing and proposed drainage conditions, the locations of existing private and public wells on adjoining properties, as well as the location and extent of all proposed uses and improvements applicable to the design standards established within this section of the chapter.

(5)

Where required by the condition of the property, the EIA report should provide additional information which is sufficient to demonstrate that the applicant can comply with all design standards established within this section of the chapter; that one or more of such standards is not applicable because of the conditions of the property or existing uses thereon; and/or that the applicant's proposed action poses no discernible threat to land, buildings, structures and other improvements existing or proposed from any condition arising from their location in the Carbonate Geology Overlay District.

(6)

The Muhlenberg Township Engineer or a professional consultant appointed by Muhlenberg Township shall review the EIA report and other submitted materials required by this section of the chapter and shall make a site inspection of the property, having notified the applicant at least five days in advance thereof. Following such site inspection, the Muhlenberg Township Engineer shall submit a written report to the Board of Commissioners, Zoning Officer and applicant presenting his findings with respect to the applicant's compliance with the procedures and standards established within this section of the chapter.

No structure, land area or water body shall be used or developed and no structure shall be located, extended, converted or structurally altered within the Carbonate Geology Overlay District unless it conforms with the following standards and regulations:

(1)

The below-ground storage of heating oil, gasoline, chemical solutions or other substances, which, if released, would constitute pollutants to groundwaters or surface waters, is prohibited. The applicant may be authorized to place a tank underground in a concrete vault, install other impervious liners and/or install monitoring devices if the Muhlenberg Township Engineer determines that there exists no probability of leakage. This limitation shall be in addition to demonstrated compliance by the applicant with all applicable laws and the regulations of the Pennsylvania Department of Environmental Protection (PADEP) governing such facilities.

(2)

The use of fill containing any material which would represent a potential contamination hazard to groundwater or surface waters is prohibited. Prohibited materials shall include, but not necessarily be limited to, wastes identified as "hazardous" by state and federal laws and by regulations promulgated by the PADEP and the Environmental Protection Agency.

(3)

Aboveground storage, handling, processing or disposal of toxic materials, liquid fuels or other hazardous liquids or any other substance with the potential to contaminate groundwater and surface waters shall be prohibited unless contained within an area having impermeable surfaces, such as concrete or other impervious material, under the storage and handling areas to confine and prevent groundwater contamination. Additionally, aboveground storage tanks shall comply with the requirements of any and all regulations promulgated for the Pennsylvania Storage Tank and Spill Prevention Act, Act No. 32 of 1989[1] (the "Act"), or any subsequent acts amending the Act, or additional acts affecting the subject matter of this subsection. Underground storage tanks shall comply with all applicable federal and state laws.

[1]

Editor's Note: See 35 P.S. § 6021.101 et seq.

(4)

Land grading or construction of structures or other site improvements which would directly or indirectly diminish the flow of natural springs, surface waters or naturally existing underground drainage channels is prohibited. In determining the potential adverse effect of any proposed grading, site disturbance or construction activities, the applicant shall provide the Township Engineer with geology and water table data from observation wells, test borings and other accepted sources, as deemed necessary by the Muhlenberg Township Engineer, using accepted engineering practice.

(5)

The installation of individual water supply wells which would directly or indirectly affect water supply, water volume, the water table or underground aquifers, groundwater or the watershed ("natural water supplies") is permitted, subject to the applicant's submission of a groundwater study sufficient to conclude that the installation of any such well shall not create an adverse impact on any of the foregoing natural water supplies and shall not result in ground subsidence or damage to any existing or proposed structures or improvements. Any water supply involving water supplied from a community well shall be prohibited in the carbonate area district.

(6)

No stormwater management basin or other associated facilities shall be placed in or over the following features: sinkholes, closed depression, fracture traces, lineament, ghost lakes, springs or disappearing streams (places where surface drainage enters the ground). Where necessitated by proximity to such features, basins may be required to be lined or otherwise constructed to preclude the opening of sinkholes and depressions arising as a consequence of water infiltration into carbonate formations.

(7)

Buildings and structures proposed to be constructed within the influence of a sinkhole, closed depression, lineament, fracture trace, spring, ghost lake or disappearing stream shall be designed so as to provide adequate control and dispersal of water in order to reduce the hazard of building damage due to collapse or subsidence. All measures proposed to be used by the applicant to control adverse impacts shall be described to the satisfaction of the Muhlenberg Township Engineer or professional consultant appointed by Muhlenberg Township.

(8)

All underground sewer and water utilities, roadbeds, curbs, sidewalks and culverts proposed to be constructed and installed in areas evidencing carbonate formations shall be adequately protected from collapse, leakage and other hazards that contribute to or arise from collapse or subsidence, as required by the Muhlenberg Township Engineer or other qualified consultant.

Should Muhlenberg Township find that an applicant may create a significant risk to the public's health or safety, in spite of taking all reasonable actions to minimize such risk, or should Muhlenberg Township determine that the applicant has not taken all reasonable actions to minimize such risk, the Township may deny the application in accordance with the provisions of this chapter or impose reasonable conditions deemed appropriate by the Muhlenberg Township Engineer to mitigate such risks.

Following receipt of the report from the Muhlenberg Township Engineer, the Zoning Officer shall either approve the building permit application, approve it with conditions, or reject it, and shall do so within 45 days of submission of the permit application, unless a request to extend the time period is requested or agreed upon, in writing, by the applicant.

Where compliance with this section of the chapter is required as part of an application for subdivision or land development plan approval, the decision on whether compliance has been achieved shall be made at the time of the decision on the subdivision or land development plan application.

Where the application is a part of a request for a zoning permit, the Zoning Officer shall issue no such permit until the requirements of this section of the chapter and any conditions imposed upon the use of the property at the time of subdivision or land development approval are satisfied.