[Ord. No. 2019-10, 8/1/2019]
1.
The purpose of this section is to protect environmentally sensitive
lands including flood hazard areas, steep slopes, hydric soils, Karst
hazard areas, riparian buffers, preexisting tree groves, and historic
assets or structures from adverse impacts caused by development. The
limits of these areas shall be considered throughout the entirety
of the Township where such assets or resources areas exist. Applications
for land development or zoning permits shall include a specific field
survey which precisely maps the location and extent of these physical
restraints. Additionally:
A.
All sites shall be designed so as to respect existing topography
and avoid excessive earth moving, destruction of natural amenities
and unnecessary felling of trees and woodland. Existing natural features
shall be preserved and incorporated into final design and landscaping
of a site.
B.
All sites shall be designed to respect and preserve existing natural
drainage areas, maintain or enhance water quality and avoid redirection
of existing flow.
C.
All sites shall be designed to respect scenic views of significant
regional features including, but not limited to, the South Mountain,
Little Lehigh Creek, Swabia Creek, farm fields, preserved open space,
recognized wetlands and existing historic structures.
D.
Historic building, structure and historic site protection.
[Ord. No. 2019-10, 8/1/2019]
The standards and regulations contained in this Part are applicable
in all Township zoning districts.
[Ord. No. 2019-10, 8/1/2019]
1.
Determination of Areas of Steep Slope. Areas of steep slopes with
slopes of 15% or greater, as shown on the overlay map, were taken
from 7.5 minute series quadrangle sheets of the U.S. Geological Survey.
Field survey information of greater accuracy may be submitted by the
applicant, and, if accepted by the Township Engineer, may be utilized
for purposes of this section in lieu of the Township map.
2.
Regulation for Areas of Steep Slope. Upon determination that the
lot under consideration is partially or wholly an area of steep slope,
the following regulations shall apply:
A.
Where (1) the lot only partially is a steep slope, (2) there are
no earthmoving activities or removal of vegetation proposed for the
steep slope portion of the lot, and (3) Pennsylvania Department of
Environmental Protection's standards for on-lot sewage disposal will
be met on other soils of the lot, only the requirement contained in
other sections of this chapter for the use proposed for the district
in which the lot lies shall be applied.
B.
Where the slope of the construction area is 15% or greater, the minimum lot size shall be two acres. If the minimum lot area requirement is two acres, the lot width, maximum building height and minimum yard of the R-Rural District (§§ 27-506 and 27-507) shall apply. The maximum building coverage is 5%.
(1)
Construction area shall mean the area to be occupied by the
main building, any accessory building or structure and any on-site
sewage disposal facility and the area within 15 feet surrounding all
such areas, as well as any other areas of a building lot which are
disturbed by earthmoving. The area to be occupied by the driveway
and parking spaces shall not be considered included within the construction
area if less than 25% of the area occupied by the driveway and parking
spaces is more than a natural slope of 15%.
(2)
The slope of the construction area shall be the algebraic average
of the average slopes taken at ten-foot intervals perpendicular to
the existing contours across the entire construction area.
C.
Any construction on lots with slopes in excess of 15% (1) requires
the submission of grading, stormwater and soil erosion plans acceptable
to the Township Engineer showing the manner in which the builder will
limit soil erosion and sedimentation to the minimum feasible; (2)
may not necessitate the removal of any tree in excess of six-inch
caliper, measured at a height of four feet above mean ground level
except in the space to be occupied by a structure, septic system,
or driveway, or within 15 feet thereof.
[Ord. No. 2019-10, 8/1/2019]
Appendix 27A is incorporated into this section by reference.[1]
[1]
Editor's Note: Appendix 27A is included as an attachment to this chapter.
[Ord. No. 2019-10, 8/1/2019]
1.
Determination of Areas of Hydric Soils. Hydric soils are poorly drained
soils that can support hydrophytic plants, but not do so in many cases.
The hydric soils shown on the Official Zoning Map were taken from
the 1963 Soils Survey for Lehigh County, Pennsylvania. The following
hydric soils are found in Lower Macungie Township:
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Aw
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Atkins silt loam
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AxA
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Atkins silt loam, local alluvium
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BdA
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Bedford silt loam
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BdB
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Bedford silt loam
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BdB2
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Bedford silt loam
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BeB
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Bedford and Lawrence silt loam
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CmB
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Comly silt loam
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CmB2
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Comly silt loam
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CmC2
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Comly silt loam
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GnA
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Glenville silt loam
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GnB
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Glenville silt loam
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GnB2
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Glenville silt loam
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GnC2
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Glenville silt loam
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Hn
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Huntingdon silt loam
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Ln
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Lindside silt loam
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Mh
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Melvin silt loam
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MkA
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Melvin silt loam, local alluvium
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MkB
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Melvin silt loam, local alluvium
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Ph
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Philo silt loam
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ShC2
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Shelmadine silt loam
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WoA
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Woodglen silt loam
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WoB
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Woodglen silt loam
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WrB
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Woodglen very stony silt loam
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WfB2
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Worsham silt loam
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WsA
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Worsham silt loam
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WsB
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Worsham silt loam
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2.
Regulation for Areas of Hydric Soils. Upon determination that the
lot under consideration is partially or wholly an area of hydric soils,
the following regulations shall apply:
A.
Where (1) the lot only partially is hydric soil, (2) there are no
earthmoving activities or removal of "vegetation" proposed for the
hydric soil portion of the lot, and (3) Pennsylvania Department of
Environmental Protection standards for on-lot sewage disposal will
be met on other soils of the lot, only the requirements contained
in other sections of this chapter for the use proposed and for the
district in which the lot lies shall be applied.
B.
Where (1) the lot is wholly a hydric soil, (2) earthmoving activities or removal of vegetation are proposed for any portion of the lot determined to be a hydric soil is to be used to meet Pennsylvania Department of Environmental Protection standards for on-lot sewage disposal, the minimum lot area requirements shall be two acres. If the minimum lot area requirement is two acres, the lot width, maximum building height and minimum yard requirements of the R-Rural District (§§ 27-506 and 27-507) shall apply.
[Ord. No. 2019-10, 8/1/2019]
1.
During site design, every attempt shall be made to avoid placement
of roads, driveways, structures, on-lot sewage treatment or stormwater
management facilities in the location of any tree or groups of trees
with a diameter of six inches or more (measured at a height of four
feet above grade). Should no other feasible option be available, it
shall be clearly demonstrated in plans that shall be reviewed and
may be approved by the Township. Trees listed as invasive by the Commonwealth
of Pennsylvania shall be exempt from this requirement.
2.
All trees with a diameter of six inches or more (measured at a height of four feet above grade) shall not be removed as part of construction or initiation of land use unless they are located within an approved portion of public or private road right-of-way or driveway, within a proposed stormwater basin or within a building foundation footprint as approved by the Township, on-lot sewage treatment, or they are diseased or pose a clear danger or risk to a building. Any other tree removal shall comply with § 10-305 of the Lower Macungie Township Municipal Code, Timber Harvesting.
3.
During construction, trees greater than six inches in diameter shall
be protected and not injured or removed due to construction-related
activity. Fencing of at least four feet in height shall be established
at the edge of the tree dripline to ensure protection of the trunk
and root system during establishment of erosion and sedimentation
controls.
4.
All screen plantings and buffers should incorporate existing natural woodland area and trees per § 27-1803.
5.
Any tree of six inches or more in diameter severely damaged by disease,
rot, infestation, weather or fire shall be exempt from the provisions
of this section after photographic documentation and reasonable efforts
have been demonstrated to the Township to preserve the tree.
6.
Any tree of six inches or more in diameter felled from a site shall be restored with a replacement tree of the same or similar species of at least 2.5 inches in caliper if deciduous and eight feet in height if evergreen and in further compliance of § 10-305 of the Lower Macungie Township Municipal Code, Timber Harvesting Regulations.
7.
The removal of any trees for forestry, logging or other similar purposes shall comply with § 10-305 of the Lower Macungie Township Municipal Code, Timber Harvesting.
8.
All existing sycamore trees on Hamilton Boulevard shall be preserved.
Any proposal for land development, conditional use, site plan or other
regulated activity shall incorporate these trees into any plan or
application submitted to the Township.
[Ord. No. 2019-10, 8/1/2019]
1.
If a reasonable doubt exists whether a portion of a site would meet
the federal and/or state definition of a "wetland," any applicant
is required to provide a wetlands delineation study by a qualified
professional for review. A description of the qualifications of the
person who accomplished the delineation shall be provided to the Township
in addition to the full study for review and approval.
2.
The initial width determination of any zero disturbance riparian
buffer corridor and the subsequent identification on any plan that
is submitted to the Township for subdivision, land development or
any other regulated activity requiring a permit shall be the responsibility
of the property owner, developer or a duly appointed representative.
The submission of such findings and determination shall be subject
to the review and approval of the Township.
3.
A zero disturbance riparian buffer area of 75 feet shall be established
from any edge of the following resource area features:
A.
Delineated wetland.
B.
Confirmed vernal pool.
C.
Naturally occurring pond or lake.
D.
Man-made pond, lake that has been undisturbed for more than 10 years,
excluding features on residential lots.
E.
The Little Lehigh Creek or Swabia Creek.
F.
Any tributary brook, run, stream or creek of the Little Lehigh Creek,
Swabia Creek or Cedar Creek.
4.
This zero disturbance buffer shall protect existing or promote new
growth in riparian areas and zones abutting surface waters. In the
cases of a stream, creek, brook or other moving water body, the buffer
shall be applied to both sides from the edge of the resource feature,
as seen in the Lower Macungie Design Guidelines. Any proposed plantings
in this riparian buffer zone shall be proposed in a planting or seeding
schedule constituting native species to be reviewed and approved by
the Township.
A.
Specifically prohibited uses within the zero disturbance riparian
buffer area:
(1)
All structures.
(2)
All impervious coverage.
(3)
Creation of new lawn areas.
(4)
Lawn care service.
(5)
Planting of nonnative vegetation.
(6)
Removal, burning or mowing of native vegetation.
(7)
Soil disturbance, inclusive of grading, stripping of topsoil,
plowing, cultivating or other practices.
(8)
Septic systems.
(9)
The production, storage or use of a substance or material, underground
or aboveground, that is buoyant, flammable, explosive, or injurious
to property, water quality, or human, animal, plant, fish or aquatic
life.
(10)
The production, storage or use of explosives.
(11)
The storage or disposal of materials used for snow and ice control
including sand, salt and any other deicing chemicals.
(12)
Sanitary landfills, dumps, junk and salvage yards, outdoor storage
of vehicles and/or materials.
(13)
The storage or disposal of any soil, loam, peat, sand, gravel,
rock or other mineral substance, refuse, trash, rubbish, debris, or
dredged/excavated spoil.
(14)
Draining, excavating, or dredging, or removal, or relocation
of loam, peat, sand, gravel, soil, rock, or other mineral substance,
except as accessory to work permitted as of right or by issued permit.
(15)
Manure storage facilities and manure stockpiles.
(16)
The maintenance, housing or grazing of animals.
(17)
Plowed snow piles.
5.
Only the following activities shall be permitted in the zero disturbance
buffer area:
A.
Bridges, trails, storm sewer piping and state-regulated utilities
that meet the standards of this chapter are permitted within the buffer
provided that an alternatives analysis has clearly demonstrated that
no other feasible alternative exists and that minimal disturbance
will take place.
[Amended by Ord. No. 2023-05, 12/7/2023]
B.
Fishing or water access clearances as accepted by current best environmental
science practices and submitted for review and approval by the Township.
[Amended by Ord. No. 2023-05, 12/7/2023]
C.
Stream restoration projects and activities as accepted by current
best environmental science practices and submitted for review and
approval by the Township.
D.
Horticulture practices used to maintain the health of vegetation
in the riparian buffer.
E.
Removal of nonnative vegetation, trees in danger of falling, causing
damage to dwellings or other structures, or blockage of a watercourse
or fallen trees and other debris.
F.
Agricultural uses existing at the time of adoption of this section
with best management practices (BMPs) utilized.
6.
A wetland and surface water resource setback of 25 feet from the
edge of the zero disturbance riparian buffer shall apply to all delineated
wetlands, confirmed vernal pools and surface waters within the Township.
Any proposed work or disturbance in this setback must be designed
on a plan by a qualified design professional and submitted to the
Township for review and approval. Any proposed plantings in this riparian
buffer zone shall be proposed in a planting or seeding schedule constituting
native species to be reviewed and approved by the Township.
A.
The plan must show all proposed work, limit of disturbance, all proposed phasing, compliance with all state and federal regulations, and means of full restoration following disturbance of the resource area. No primary use structures shall be located within this setback, per the sketch in Subsection 9. below.
B.
In no circumstance shall disturbance of the resource setback, either
permanent or temporary, create a lasting negative impact to the wetland,
vernal pool or surface water area under the purview of currently accepted
environmental science standards. A lasting negative impact shall be
constituted as:
(1)
Degradation of native floral or fauna habitat.
(2)
Any deviation from the required standards of a currently approved
regulation of this chapter, state or federal law or from any adopted
regional or local plan.
(3)
Any increase in water runoff that would result in increased
erosion and sedimentation deposit within the resource setback or at
the wetland, vernal pool or surface water principal to the resource
setback.
(4)
Loss of preexisting vegetative canopy protecting the resource
area from direct sunlight or glare.
7.
Permitted activities in the riparian buffer setback shall include:
lawns, accessory structures, roads, driveways, trail, paths, utilities,
passive outdoor recreation and education facilities provided that
they do not cause aforementioned negative impacts as set forth by
this section.
8.
In the case that such disturbance of the riparian setback and resource
area is the subject of a subdivision, land development or site plan,
a Pennsylvania Natural Diversity Inventory (PNDI) search shall be
conducted and a report compiled and submitted as part of submission
to the Township.
9.
Example of required zero disturbance zone and FEMA floodplains:
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[Ord. No. 2019-10, 8/1/2019]
1.
Any proposed new or retrofitted stormwater basin, swale or other
stormwater structure or BMP shall be installed to a naturalized state
as currently accepted by best environmental science standards. A naturalized
state shall constitute avoidance of excessive earth moving or destruction
of natural amenities, utilization of natural materials such as rock
and stone in lieu of poured concrete, the planting of native grasses
and wildflowers for ground cover and the installation of native trees,
bushes, shrubs and other perennials to absorb site-based sheet flow
and other stormwater run-off.
A.
Areas with naturalized planting of native grasses and wildflowers
shall only be mowed biannually and with notification provided to the
Township in advance.
B.
Areas with naturalized planting of native grasses and wildflowers
shall be kept free of invasive weeds and noxious plants.
C.
Areas with naturalized planting of native grasses and wildflowers
shall be kept free of garbage, rubbish and waste. Any observed dumping
shall be cleared within five days.
D.
All plantings shall consist of a seed mix or planting schedule approved
by the Township.
2.
Areas of passive open space shall either be converted to native meadow
or planted for reforestation. Passive trails and paths with appropriate
accessories shall be permitted in these spaces when approved by the
Township and have a manicured lawn buffer of five feet on each side
before commencement of naturalized area, excluding any riparian buffer
area.
A.
Areas with naturalized planting of native grasses and wildflowers
or trees shall only be mowed biannually and with notification provided
to the Township in advance.
B.
Areas with naturalized planting of native grasses and wildflowers
or trees shall be kept free of invasive weeds and noxious plants.
C.
Areas with naturalized planting of native grasses and wildflowers
or trees shall be kept free of garbage, rubbish and waste. Any observed
dumping shall be cleared within five days.
D.
No trees planted for reforestation shall be felled unless they meet
the provisions of this section.
E.
All plantings shall consist of a seed mix or planting schedule approved
by the Township.
3.
All property and lands in the township shall responsibly manage dangerous
or toxic vegetation and be kept free and clear of any noxious vegetation
listed in the Commonwealth of Pennsylvania's noxious weeds list, all
vegetation listed as invasive by the Commonwealth of Pennsylvania
and all bamboo species, including but not limited to Bambusa, Phyllostachys,
and Pseudosasa, and including common bamboo, golden bamboo and arrow
bamboo (collectively, "bamboo").
A.
Properties that have existing bamboo planted prior to the passage
of this section shall be exempt from this prohibition, but must install
plastic or sheet metal borders no less than 12 inches deep and protruding
six inches high, into and above the ground around existing bamboo
to impede further spread of the plant.
[Ord. No. 2019-10, 8/1/2019]
1.
Any site that contains a structure on the National Registry or is
recognized in another fashion by the Commonwealth of Pennsylvania,
Lehigh County or Lower Macungie Township shall comply with all provisions
of this chapter. Additionally, where a land development is to occur
on a proposed site, the existing structure shall be considered for
preservation and/or adaptive reuse, if the current use ceases. Applications
for land development shall include a feasibility study for preservation
of the structure to be submitted to the Township for review.
A.
Adaptive Reuse of an Existing Barn is Highly Encouraged. Where generally
not permitted by right or by conditional use in the zoning district
where an existing barn is, an adaptive reuse of such existing barn
shall qualify for a conditional use in any zoning district at any
time, for the following uses:
(1)
Multiunit dwelling not to exceed four units.
(2)
Low-impact office, medical, business or personal service established
as approved by the Township.
(3)
Craftsman or artisan studio, work space and gallery.
(4)
Craft brewery, distillery or winery.
(a)
If subject property is within a residential zone, at least a
150-foot structure setback from any residence in such residential
zone is required.
(5)
Ultralight manufacturing with no retail component.
(6)
School or educational facility.
(7)
Place of worship.
B.
Adaptive reuse of existing barns or other historic structures to
a single-family home shall be allowed by right.
C.
Certain portions of Township subdivision and land development and
Zoning Ordinances shall apply to any adaptive reuse of a barn or other
historical structure, including:
(1)
Parking requirements, per Township ordinance or via conditions
of a conditional use approval.
(2)
Lighting regulations, per Township ordinance or via conditions
of a conditional use approval.
(3)
Screening planting, per Township ordinance or via conditions
of a conditional use approval.
(4)
Hours of operation, per Township ordinance or via conditions
of a conditional use approval.
2.
Nonhabitable structures of historic nature or heritage significance,
such as silos, windmills, limekilns, gristmills, towers, trestles,
bridges, cemeteries, burial plots, stone foundations or ruins, shall
be preserved, restored and incorporated into any proposed subdivision,
land development, site plan or other regulated activity. Submitted
plans shall show this preservation or reuse and be included in any
submitted feasibility study to the Township.
