A.
Natural features within Lower Merion Township identified in this chapter shall be maintained in compliance with §§ 101-5 and 101-6 below.
(1)
Regardless of whether permits are required for any activities governed under § 101-5, the standards contained therein shall apply to any site disturbance activity and shall be strictly enforced by the Township. In assessing compliance with § 101-5, the Township may take into account the extent to which the property owner is taking other remedial or compensatory actions which would fulfill the same basic intent as the conservation standards.
B.
No person shall subdivide or apply for development
of any property without showing compliance with the minimum standards
contained herein.
A.
Conservation of surface and groundwater resources.
(2)
In addition to the above, the following activities shall be minimized (except where conducted in strict accordance with an approved stormwater management plan submitted pursuant to Chapter 121, Stormwater Management and Erosion Control).
(a)
Disturbance to natural swales and channels.
(b)
Disturbance to areas with seasonally high water
tables and areas where surface water naturally concentrates or collects.
(c)
Grading and other disturbances to (including
the construction of retention/detention basins) or the creation of
impervious cover on areas producing relatively high rates of groundwater
recharge. The location and extent of such areas shall be determined
for each applicant's property on the basis of its geologic, soil,
slope and cover conditions.
B.
Conservation of woodlands and other vegetation.
(1)
Except in conjunction with routine property maintenance,
the following regulations shall apply:
[Amended 5-18-2022 by Ord. No. 4245]
(a)
Healthy, well-stocked woodlands or wooded lots. No wooded lot, whether created by subdivision or currently existing, shall be disturbed in such a manner that the number of viable trees having a dbh of six inches or greater on the lot prior to any disturbance shall be reduced by more than 25% by such disturbance. In instances where disturbance or tree cutting of more than 25% of those existing viable trees having a dbh of six inches or greater is unavoidable or considered desirable in accordance with sound forest management practices, the individual removing such trees shall replace those removed in excess of 25% with new plantings as required in Zoning Code § 155-7.5, Wooded Lot Overlay, and Appendix Chapter A177. The Township Arborist shall have discretion to require renovated unhealthy or unsafe trees having a dbh of six inches or greater and shall have discretion to substitute vegetation other than trees for required tree plantings. Design, maintenance and guaranty of such plantings shall be in conformance with §§ 101-10 and 101-11 of this chapter. Every effort shall be made to retain as much woodland as possible of a size and configuration which will promote its growth and natural regeneration.
(b)
Disturbance to vegetation other than woodlands which provides wildlife
food and cover or visual amenity shall be minimized. This may include,
but not necessarily be limited to, single or groups of specimen trees,
hedgerows, formal gardens and other vegetation not considered as woodland.
(c)
In the event that grading will be performed on a site which shall result in the removal of more than 50% of the vegetation on the site at any time, a permit shall be required in accordance with the provisions of Chapter 121, Stormwater Management and Erosion Control, § 121-5, Erosion control requirements, regardless of whether such a permit is otherwise required.
(2)
Disturbance or removal of vegetation occupying environmentally
sensitive areas shall be undertaken only as permitted herein to minimize
the adverse impacts of such actions. This shall include but not necessarily
be limited to vegetation performing important soil stabilizing functions
on floodplains, stream and pond banks and sloping lands.
C.
Conservation of sloping lands.
(2)
In addition to the above, the following regulations
shall apply:
(a)
Any site disturbance on slopes exceeding 15%
shall be minimized.
(b)
No site disturbance shall be allowed on slopes
exceeding 25%, except under the following circumstances:
[1]
Selective logging and woodcutting shall be by
specific approval of the Board of Commissioners and shall be limited
to highly selective removal of trees. Maximum precautions shall be
taken to avoid destruction or injury of understory brush and trees.
[2]
Grading for a portion of a driveway accessing
a single-family detached dwelling when it can be demonstrated that
no other routing which avoids slopes exceeding 25% is feasible.
(c)
Tillage and nursery operations shall not be
conducted on slopes exceeding 15%, and sod operations shall not be
conducted on slopes exceeding 8%, except where minimum tillage methods
recommended by the U.S.D.A. Soil Conservation Service or the Montgomery
County Soil Conservation District are followed.
(d)
Grading or earthmoving on all sloping lands
exceeding 15% shall not result in earth cuts or fills whose highest
vertical dimensions exceed 10 feet, except where no reasonable alternatives
exist for construction of public roads, drainage structures, and other
public improvements, in which case such vertical dimensions shall
not exceed 20 feet. Finished slopes of all cuts and fills shall not
exceed three to one, unless the applicant can demonstrate that steeper
slopes can be stabilized and maintained adequately. The landscape
shall be preserved in its natural state insofar as practicable.
D.
Conservation of wetlands.
[Amended 5-18-2022 by Ord. No. 4245]
(1)
Should the existence of wetlands be indicated as per the requirements of § 101-14A(3), a wetlands delineation shall be performed by a licensed professional engineer, hydrogeologist, soil scientist or similarly qualified professional experienced in wetlands ecology, selected by the applicant. Plans shall be submitted to the Township for review which show the delineation and indicate any disturbance of wetlands anticipated. The qualifications of the consultant performing the delineation shall be submitted with such plans. Further, unless it is clearly evident in such plans and/or by any field review of the Township Engineer that there are no designated wetlands or, if there are, that no disturbance to the designated wetlands is anticipated, the delineation performed shall be submitted to the appropriate regulatory agencies, including but not limited to the Army Corps of Engineers and the Pennsylvania Department of Environmental Resources for boundary confirmation and/or requisite wetlands permits. All potential impacts on wetlands shall conform to applicable regulations, as amended.
(2)
Should the Township conclude per the requirements of § 101-14A(3) that wetlands exist on the site contrary to the applicant's findings, the Township shall, at its discretion, request that either the Army Corps of Engineers or Pennsylvania Department of Environmental Resources verify the Township's findings and perform a delineation. In the event that such agencies verify the Township's findings, the applicant will be required to secure any required wetlands permits, unless the applicant's activity clearly will not impact existing wetlands.
(3)
Where
wetlands exist and disturbance permits and/or mitigation activities
are required, final plan approval or granting of applicable permits
from the Township shall be contingent upon the applicant receiving
all necessary wetlands permits, and/or the approval of the Township
Engineer.
E.
Identification of trails.
[Amended 4-15-1992 by Ord. No. 3280]
(1)
Pedestrian and/or equestrian trails in the community
represent an asset having high recreational value and thus are deemed
an important natural feature in the Township. The Township, in conjunction
with a trails association having oversight over a particular trail,
shall maintain a map of such trails. That map shall indicate, where
the information is available, whether or not such trail has been confirmed
as an easement by a recorded document, the identification of the association
assuming responsibility for the maintenance of the trail, if any,
restrictions on the use of the trail, if any, and whether the location
of the trail has been established by survey.
(2)
Persons developing or subdividing property upon which
a trail exists shall show such trail on plans filed with the Township
and identify, if known after reasonable investigation, those having
or claiming rights in the trail. Such persons shall further indicate,
in writing, whether they are willing to establish rights in others
for the future use of such trails, whether as sited or as relocated.
(3)
Disturbance to public rights-of-way for the use of pedestrians or equestrians shall be permitted only when a property cannot otherwise be developed and then only when relocation of such rights-of-way is approved by the Township. No person may block the use of such public rights-of-way or alter the path thereof unless conservation plans for the relocation of the rights-of-way are first submitted to the Board of Commissioners pursuant to Article V hereof. Properties within which public rights-of-way are permitted to be relocated shall maintain existing connections with trails on contiguous properties.
(4)
Nothing in this subsection shall be construed to create
rights in third parties or the public, it being the intent of this
section to identify trails as community assets worthy of preservation
and to regulate disturbance of trails in which the public's right-of-way
has been established.
(5)
Pedestrian and equestrian trails may not be used by
persons operating vehicles.
In addition to the requirements of Chapter 135, Subdivision and Land Development, § 135-39, Grading, and Chapter 121, Stormwater Management and Erosion Control, § 121-5, Erosion control requirements, the conservation measures listed below shall be taken during site preparation activities. At the discretion of the Township and in addition to the measures listed below, the Township may require a prior-to-construction meeting with the applicant or site contractor to further determine methods to minimize environmental damage.
A.
Protection of vegetation from mechanical injury and
grading change.
(1)
All trees and vegetation to be retained within 25
feet of a building site, parking area or other proposed improvement
shall be protected from equipment damage by snow fencing or other
effective barriers. Fencing or barriers around trees shall be placed
at the dripline. The required fencing may be placed within the dripline
if the applicant can demonstrate, to the satisfaction of the Township,
that the required work cannot be performed without utilizing the area
within the dripline and that appropriate measures are being taken
to protect the tree(s).
[Amended 11-19-2003 by Ord. No. 3694]
(2)
Heavy equipment operators shall not damage existing
tree trunks and root systems by driving heavy equipment within or
otherwise disturbing the area circumscribed by the dripline of any
tree. In addition, roots shall not be cut or disturbed within the
area circumscribed by the dripline of any tree. If there is no alternative
to locating a utility line within the tree dripline, it is strongly
encouraged that tunneling, rather than trenching, be used to minimize
potential damage to tree root systems. In such cases, the Township
Arborist shall determine the most desirable location for the survival
of the tree(s). Where trenching is unavoidable, trenched holes shall
be filled as soon as possible and tamped lightly to avoid the creation
of air spaces.
(3)
Tree trunks and exposed roots damaged during construction
shall be protected from further damage by fencing or other structural
barrier. Treatment of damaged areas shall be dictated by the nature
of the injury, e.g., damaged bark shall be cut back to a point where
the bark is intact and tight to the tree; exposed roots shall be cleaned
up and covered with topsoil; tree limbs shall be cut back in proportion
to root area loss. In such cases, the Township Arborist shall have
the authority to determine the treatment technique(s) most suitable
to the damaged area. In addition, where stipulated by the Township
Arborist, liquid or dry fertilizer shall be applied to trees with
disturbed root zones to compensate for loss of roots.
(4)
Trees shall not be used for roping, cables, signs,
fencing or lighting. Nails and spikes shall not be driven into trees.
(5)
The area around the base of existing trees and vegetation
shall be left open. No impervious cover, storage of equipment, materials,
debris or fill shall be allowed within the dripline of any existing
tree(s). However, impervious surface may partially extend into the
dripline if it can be demonstrated to the satisfaction of the Township
that there is no other location feasible and appropriate measures
are being taken to protect the tree or vegetation.
[Amended 11-19-2003 by Ord. No. 3694]
(6)
Grade changes to occur at any location on the property
shall not result in an alteration to soil or drainage conditions which
would adversely affect existing vegetation to be retained following
site disturbance, unless adequate provisions, approved by the Township,
are made to protect such vegetation and its root systems.
[Amended 11-19-2003 by Ord. No. 3694]
(7)
The Township Arborist may, at his discretion, require that specimen plants with significant historic, visual or environmental qualities which would otherwise be removed during site preparation under the provisions of § 101-5C(2)(b) be transplanted elsewhere on the site.
(8)
Should any existing vegetation on the site not scheduled or permitted to be removed be irreparably damaged during site preparation and die within 18 months of the conclusion of site disturbance activities, such vegetation shall be replaced with similar vegetation in accordance with the requirements of § 101-9A hereof.
[Amended 5-18-2022 by Ord. No. 4245]
B.
Protection of vegetation from excavations.
(1)
When digging trenches for utility lines or similar
uses, disturbance to the root zones of all woody vegetation shall
be minimized.
(2)
If trenches must be excavated in the root zone, all
disturbed roots shall be cut as clearly as possible. The trench shall
be backfilled as quickly as possible, avoiding soil compaction. Tree
limbs shall be cut back in proportion to root area loss.
C.
Protection of topsoil.
(1)
No topsoil shall be removed from a site unless a sufficient
amount is retained to provide at least six inches of topsoil cover
over all of the site's exposed earth surfaces. In addition, sufficient
soil shall be retained for planting under this chapter.
[Amended 5-18-2022 by Ord. No. 4245]
(2)
Topsoil removed by grading operations shall be redistributed
and stabilized as quickly as possible following the completion of
a project or project phase. All exposed earth surfaces shall be stabilized
by the following methods or approved equal:
(3)
Grading and earthmoving operations shall be minimized
during the period November 15 to April 1, when revegetation of exposed
ground surfaces is difficult.
D.
Protection during cleanup.
(1)
All construction debris shall be hauled away from the property in conformance with the requirements of Chapter 92, Housing-Property Maintenance, unless provisions, acceptable to the Director of Building and Planning and the Township Engineer, are made for the on-site disposal of such debris.
[Amended 1-19-2002 by Ord. No. 3631]
(2)
The Township Arborist shall require that fences and
barriers placed around woody vegetation during construction be removed
if they impede the growth and maintenance of such vegetation.
E.
Protection of vegetation from hazardous and toxic
materials. No hazardous or toxic materials shall be stored within
or around groupings of woody vegetation or within 100 feet of the
dripline of any existing tree or within or around any other natural
feature addressed herein. Hazardous or toxic contaminants, including
but not limited to petroleum hydrocarbons, oils, pesticides, herbicides,
thinners, solvents, cleaners, abrasives, acids and bases are strictly
prohibited within or around woody vegetation or within 100 feet of
the dripline of any existing tree.
