The purpose of this section is to protect the natural resources of the environment by preserving floodplains, wetlands, lakes and ponds, watercourses, steep slopes and woodlands. These regulations apply to all zoning districts and all uses in the Township.
A. Identification of lands with natural resources. The applicant for a subdivision or land development shall identify all natural resources on a lot when submitting an application for a subdivision or land development. This inventory shall include the following resources: floodplains, wetlands, lakes and ponds, watercourses, steep slopes, woodlands and all soil types.
B. Natural resource protection. The applicant shall incorporate the following natural resource protection ratios in the subdivision or land development. Each resource is defined and a resource protection ratio is set for each resource. Site alterations, regrading, filling or clearing of vegetation prior to approval of final plan is prohibited.
(1) Floodplains.
(a) Refer to the Floodplain Management Ordinance (Ord. No. 2015-01; see Chapter
131).
(2) Wetlands.
(a) Wetlands shall be those areas of lands defined as wetlands in either the United States Army Corps of Engineers Technical Report Y87-1, Corps of Engineers Wetlands Delineation Manual; the United States Environmental Protection Agency Wetlands Identification Delineation Manual, Volume I, Rational Wetland Parameters and Overview of Jurisdictional Approach, Volume II, Field Methodology, as most recently updated or modified; or the Pennsylvania Department of Environmental Protection Wetlands Identification and Delineation, Chapter 105, Dam Safety and Waterways Management Rules and Regulations, as most recently updated or modified. Where a difference between the foregoing criteria exist, the most restrictive criteria will be used in any particular case. For the purposes of this definition and for its application to this section, "most restrictive criteria" shall mean the criteria which causes the preservation of the most extensive area of wetlands. Soils which may be indicators of wetlands are Bo Bowmansville silt loam; Ha Hatboro silt loam; Fa Fallsington; Do Doylestown; ToA Towhee; and ToB Towhee Stony.
(b) Wetlands shall not be altered, regraded, developed, filled, piped, diverted or built upon except where required permits and approvals have been obtained authorizing such activities from the Pennsylvania Department of Environmental Resources and/or the United States Army Corps of Engineers.
(3) Steep slopes.
(a) Areas where the natural grade of land is equal to or exceeds 15%.
(b) Resource protection ratio for steep slopes:
[1] Fifteen-to-twenty-five-percent slope: 70% shall remain as resource-protected land. No more than 30% of the total of all such areas shall be developed and/or regraded or stripped of vegetation.
[2] Twenty-five percent or more slope: 85% shall remain as resource-protected land. No more than 15% of the total of all such areas shall be developed and/or regraded or stripped of vegetation.
(c) Exemptions for steep slopes.
[1] Areas of steep slope that are less than 3,000 square feet shall be exempted from these standards.
[2] Within the MPM Zoning District only, the lot or portion of a lot to be developed or used for marine port and terminal facilities, as permitted by §
209-30 of the Township Zoning Ordinance, may be exempted from the resource protection ratio for steep slopes in Subsection
B(3)(b) above only if all the following conditions are met:
[a] The area to be exempt from the steep slope resource protection restrictions shall be limited to the area to be developed and occupied by the marine port and terminal facility and shall not extend to any other area of the lot or to other lots within the MPM District.
[b] The area to be exempt from the steep slope resource protection restrictions shall in addition be limited to a strip of land no greater than 100 feet in width along the Delaware River, which shall be measured perpendicular from the water's edge of the Delaware River and extending inland.
[c] The development of marine port and terminal facilities shall be subject to all requirements of the Pennsylvania Department of Environmental Protection, the United States Army Corps of Engineers and any other federal, state or county agencies with jurisdiction. The exemption from Township regulations of steep slopes shall in no way exempt the applicant from compliance with other agency requirements or other Township regulations.
(4) Woodlands.
(a) Woodlands are 1/4 acre or more of wooded land where the largest trees measure at least six inches in diameter at breast height (dbh) or 4.5 feet from the ground. The woodland shall be measured from the dripline of the outer trees. Woodlands are also a grove of trees forming one canopy where 10 or more trees measure at least 10 inches in diameter at breast height (dbh).
(b) Resource protection ratio for woodlands.
[1] Woodlands in environmentally sensitive areas. No more than 20% of woodlands located in environmentally sensitive areas shall be altered, regraded, cleared or built upon. Environmentally sensitive areas shall include floodplains, floodplain soils, steep slopes, wetlands, wetland margins and lake or pond shorelines.
[2] Other wooded areas. No more than 50% of woodlands which are not located in environmentally sensitive areas (as defined above) shall be altered, regraded, cleared or built upon.
(c) Tree protection zone. Prior to construction, the tree protection zone shall be delineated by the following methods:
[1] The tree protection zone that is delineated on the site prior to construction shall conform to the approved plans.
[2] All trees scheduled to remain shall be marked, and where groups of trees exist, only the trees on the edge need to be marked.
[3] A forty-eight-inch-high barrier fence mounted on steel posts, located eight feet on center, shall be placed along the boundary of the tree protection zone. This fence shall be inspected during construction and replaced or repaired before further construction shall begin.
[4] Trees being removed shall not be felled, pushed or pulled into a tree protection zone or into trees that are to be retained.
(d) Mitigation. If a proposed development is in conformance with all applicable Township ordinances but would not result in preservation of woodlands as required by this section, then the developer shall have the option of compliance by performing mitigation. Mitigation shall consist of the replacement, on a one-to-one ratio, of the trees removed with replacement trees. Replacement trees shall meet the tree size requirements of §
191-48G and may be of any species included on the above list of approved trees in §
191-48H.
(5) Lakes and ponds.
(a) Such areas shall not be altered, regraded, filled, piped, diverted or built upon.
(6) Lakes and pond shorelines.
(a) For the purpose of this chapter, lake and pond shorelines shall be measured 100 feet from the spillway crest elevation or the average high-water elevation over a period of a year. No more than 20% of such areas shall be altered, regraded, filled or built upon.
(7) Watercourses.
(a) Such areas shall not be altered, regraded, filled, piped, diverted or built upon except where design approval is obtained from Falls Township and, if required, from the Pennsylvania Department of Environmental Protection.
(8) Wetland margins.
(a) No more than 20% of such areas shall be altered, regraded, filled, or built upon. In addition, any Pennsylvania Department of Environmental Protection regulations under Chapter 105 concerning activities in wetlands margins shall be met.
(b) For the purposes of this chapter, the wetlands margin shall extend 100 feet from the wetland boundary as established by a certified soil scientist or by a jurisdictional determination by the U.S. Army Corps of Engineers.
C. Site capacity calculations. The purpose of this subsection is to determine the intensity of use to which a specific site may be put. The following calculations shall be submitted and shown on the record plan of all preliminary and final plans by the applicant for all subdivisions and land developments.
(1) Step I: Determine base site area.
(a) Determine gross site area by actual on-site survey: __________ acres.
(b) Subtract the following:
[1] Land within existing roads and their ultimate rights-of-way and utility transmission or other rights-of-way: __________ acres.
[2] Land without development opportunities due to restrictions such as restrictive covenants and conservation easements: __________ acres.
(c) Equals base site area: __________ acres.
(2) Step II. Determine natural resources land to be protected and percent of base site area in resource-protected land.
(a) Determine land subject to natural resource protection. All applications shall include maps showing the locations of the resources together with the calculations on the following chart. In the event two or more resources overlap, only the resource with the highest protection ratio shall be used.
Site Capacity Calculation Table |
|---|
Natural Resource | Percent of Resource to be Protected (II) | Total Natural Resource Land in Acres (III) | Total Resource Protected Land (II x III) |
|---|
Floodplain | 100% | _____Acres | _____Acres |
Wetlands | 100% | _____Acres | _____Acres |
Wetlands margin | 80% | _____Acres | _____Acres |
Lakes and ponds | 100% | _____Acres | _____Acres |
Lake and pond shorelines | 80% | _____Acres | _____Acres |
Watercourses | 100% | _____Acres | _____Acres |
Slopes: | | | |
| Steep slopes (15-25%) | 70% | _____Acres | _____Acres |
| Steep slopes (greater than 25%) | 85% | _____Acres | _____Acres |
Woodlands: | | | |
Environmentally sensitive areas | 80% | _____Acres | _____Acres |
Other wooded areas | 50% | _____Acres | _____Acres |
Totals: | | _____ Acres | _____ Acres |
(3) Step III. Determine how land with resource restrictions is to be protected.
(a) Lands with natural resource restrictions may be preserved as open space in accordance with Township ordinances. Where a minimum open space ratio is required in a zoning district, lands with natural resource restrictions may be used to meet this open space requirement.
(b) Lands with natural resource restrictions which are required to be protected by this section may occupy required side or rear yards, provided that there is a minimum rear yard with a depth of not less than 25 feet and minimum side yards with a width of not less than 10 feet which are free of lands with natural resource restrictions. Lands with natural resource restrictions in side or rear yards shall be protected from disturbance by means of a deed restriction.