Township of Lower Southampton, PA Natural Resource Protection

[Ord. 559, 9/4/2012]

The developer shall determine what environmental or natural features are present on the lot and shall meet the following standards of environmental protection. For any lot proposed for development to which the provisions of this chapter do not apply, the environmental standards of this section shall apply. Site alterations, including regrading the existing topography, filling lakes, ponds, marshes or floodplains, clearing vegetation or altering watercourses, prior to the submission of plans for development shall be a violation of this chapter. Where alterations occur, restoration of the lot to its original condition shall be required. The provisions of this section shall apply to all zoning districts including nonresidential districts.

Floodplains. Areas identified as within the floodplain of the one-hundred-year recurrence interval flood shall not be altered, graded, filled or built upon except in conformance with Part 15, Floodplain Conservation District, of Chapter 27, Zoning. The floodplain area shall be those areas that are subject to the one-hundred-year flood and the five-hundred-year flood as identified in the Flood Insurance Study dated May 18, 1999, and the accompanying maps prepared by the Federal Emergency Management Agency, or the most recent revisions thereof. For areas along streams and watercourses where the one-hundred-year floodplain and five-hundred-year floodplain have not been delineated, the requirements of floodplain soils shall be met.

Steep slopes. In areas of steep slopes, i.e., those above 8%, the following standards shall apply:

Eight to 15%. No more than 40% of such areas shall be developed and/or regraded or stripped of vegetation.

Fifteen to 25%. No more than 30% of such areas shall be developed and/or regraded or stripped of vegetation.

Twenty-five percent or more. No more than 15% of such areas shall be developed and/or regraded or stripped of vegetation.

Forest. No more than 30% of such forests may be cleared or developed. The remaining 70% shall be maintained as permanent open space.

Lakes, ponds, wetlands or watercourses. These areas shall be left as permanent open space. No development, filling, piping or diverting shall be permitted except for required roads.

Riparian buffer. No land disturbance shall be permitted within any riparian buffer except as permitted below. The measurement of the riparian buffer shall extend a minimum of 100 feet from each defined edge of an identified watercourse or surface water body at bankfull flow or level or shall equal the extent of the one-hundred-year floodplain, whichever is greater. The buffer area will consist of two distinct protection zones.

(1)

Zone 1. This buffer area will begin at the edge of the identified waterway (which includes wetlands and intermittent watercourses) and occupy a margin of land with a minimum width of 50 feet measured horizontally on a line perpendicular to the edge of water at bankfull flow.

(a)

Open space uses that are primarily passive in nature may be permitted in Zone 1, including:

(b)

Open space uses such as wildlife sanctuaries, nature preserves, forest preserves, fishing areas, passive areas for public or private parklands, and reforestation.

(c)

Customary agricultural practices in accordance with a soil conservation plan approved by the Bucks County Conservation District and a nutrient management plan in accordance with state requirements, if applicable.

(d)

Regulated activities permitted by the Pennsylvania Department of Environmental Protection and the Township for stream or wetland crossing or other encroachment (i.e., farm vehicle and livestock, recreational trails, roads, sewer or water lines, and utility transmission lines), provided that any disturbance is offset by riparian corridor improvements as approved by the Township.

(e)

Vegetation management in accordance with stream-bank stabilization plan, an approved landscape or open space management plan.

(f)

Runoff or wastewater to be buffered or filtered by Zone 1 will be limited to sheet flow or subsurface flow only. Concentrated flows must be converted to sheet flow or subsurface flows prior to entering Zone 1.

(2)

Zone 2. This buffer zone will begin at the outer edge of Zone 1 and occupy a minimum width of 50 feet in addition to Zone 1. However, where the width of the one-hundred-year floodplain extends greater than 100 feet from the waterway, Zone 1 shall remain a minimum of 50 feet and Zone 2 shall extend from the outer edge of Zone 1 to the outer edge of the one-hundred-year floodplain.

Uses permitted in this buffer area include open space uses that are primarily passive in nature, including:

(a)

Open space uses such as wildlife sanctuaries, nature preserves, forest preserves, passive areas for public or private parklands, recreational trails and reforestation.

(b)

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

(c)

(d)

Recreational activities or uses not involving impervious surfaces such as ball fields or golf courses.

(e)

Naturalized stormwater management facilities, provided the entire facility is located a minimum of 50 feet from the defined edge of the identified watercourse and situated outside the one-hundred-year floodplain.

(3)

Prohibited uses. Any use or activity not authorized within Subsection 3A or B above shall be prohibited within the riparian buffer. The following activities and facilities are specifically prohibited:

(a)

Clear-cutting of trees and other vegetation.

(b)

Selective cutting of trees and/or the clearing of other vegetation, except where such clearing is necessary to prepare land for a use permitted under Subsection 3A or B above or where removal is necessary as a means to eliminate dead, diseased or hazardous trees. Removal is subject to revegetation by native plants that are most suited to the riparian corridor.

(c)

Storage of any hazardous or noxious materials.

(d)

Roads or driveways, except as permitted as corridor crossings by the Pennsylvania Department of Environmental Protection and the Township.

(e)

Parking lots.

(f)

Subsurface sewage disposal areas.

Revegetation of riparian area. In cases where a major subdivision or land development is proposed, replanting of the riparian corridor shall be required where there is little or no existing stream-side vegetation. Native vegetation approved by the Township must be used in replanting efforts. Three layers of vegetation are required when replanting the riparian corridor. These layers include herbaceous plants that serve as ground cover, understory shrubs, and trees that form an overhead canopy. The revegetation plan shall be prepared by a qualified professional such as a landscape architect or engineer and shall comply with the following minimum requirements, unless modified by the Board of Supervisors upon recommendation of the Planning Commission:

(1)

Ground cover. Ground cover consisting of a native seed mix extending a minimum of 25 feet in width from the edge of the stream bank must be provided along the portion(s) of the stream corridor where little or no riparian vegetation exists. Appropriate ground cover includes native herbs and forbs, exclusive of noxious weeds as defined by the Pennsylvania Department of Agriculture. This twenty-five-foot-wide planted area shall be designated on the plan as a "no-mow zone" and shall be left as natural cover except in accordance with the maintenance instructions stated on the plan.

(2)

Trees and shrubs. These planting layers include trees that form an overhead canopy and understory shrubs. Overstory trees are deciduous or evergreen trees that include oak, hickory, maple gum, beech, sycamore, hemlock, pine and fir. Evergreen and deciduous shrubs should consist of elderberry, viburnum, azalea, rhododendron, holly, laurel and alders. These plants shall be planted in an informal manner clustered within Zone 1 of the riparian buffer as indicated in Subsection 3A above. These plants shall be provided at a rate of at least one overstory tree and three shrubs for every 20 linear feet of waterway.

(3)

Exceptions. These planting requirements shall not apply to existing farm fields located within the riparian buffer if farming operations are to be continued and the required nutrient management plan is met.