[Added 11-19-2018 by Ord. No. 400[1]]
[1]
Editor's Note: This ordinance repealed former Art. XXVI, Steep Slope Conservation Regulations, added 11-14-1988 by Ord. No. 365, as amended.
In the interest of promoting and protecting the public health, safety and welfare, the provisions of this article are intended:
A. 
To maintain the supply of natural vegetation, prevent erosion of the topsoil on the site and surrounding properties, foster the retention of groundwater supply, and generally attempt to maintain the ecological balance in the Township.
B. 
To protect the Township from development that may cause subsequent harm to the environmentally sensitive areas of the Township by minimizing disturbance of these areas.
C. 
To recognize everyone's responsibility to be good and mindful stewards of the environment and that disturbance of these environmentally sensitive resources results in negative impacts to the public health, safety, and welfare by causing greater erosion, siltation and sedimentation, flooding, degradation of water quality, and other adverse effects on the environment.
D. 
To reduce the amount of nutrients, sediment, organic matter, pesticides, and other harmful substances that reach watercourses, wetlands, and subsurface and surface water bodies.
E. 
To promote, protect and facilitate proper density of land use based on a site's capacity; the provisions of adequate light and air; the provision of a safe, reliable and adequate water supply for domestic, commercial, agricultural, or industrial use; the preservation of the natural, scenic, and historic values in the environment; and the preservation of forests, wetlands, aquifers, and floodplains.
F. 
To conserve natural features important to protect natural resources, recognizing that headwater areas are highly sensitive to disturbance from the impact of human activity.
A. 
Permitted uses and activities may be established and maintained only if they comply with the following standards. Site alterations, regrading, filling or clearing of any natural resources prior to the submission of applications for zoning or building permits or the submission of plans for subdivision or land development shall be a violation of this chapter. The presence of any of these features on the subject tract shall be identified on the development plan or permit application plan.
B. 
This chapter contains standards for lot size, building coverage and density that should not be construed as guarantees that a certain number of dwelling units or amount of development can be accommodated on any individual site. Site constraints and other ordinance requirements will all have an effect on the actual development potential.
C. 
The development of land on which there are areas having natural resources shall be governed by the following regulations:
(1) 
In the event that two or more resources overlap, the resource with the greatest protection shall apply to the area of overlap.
(2) 
Watercourse, waters of the commonwealth, lake and pond regulations. The entire extent of such areas shall be permanently protected, undisturbed, and undeveloped, except where design approval is obtained from the Pennsylvania Department of Environmental Protection.
(3) 
Floodplain regulations. All such lands shall be permanently protected, undisturbed, and undeveloped, except where design approval is obtained from the Pennsylvania Department of Environmental Protection and as permitted by Chapter 78, Floodplain Management, of the Franconia Township Code.
(4) 
Floodplain (alluvial) soils regulations. All such lands shall be permanently protected, undisturbed, and undeveloped, except that roads may cross floodplain soils where design approval is obtained from the Pennsylvania Department of Environmental Protection. Floodplain soils shall not be used where a floodplain line has been drawn. The Township reserves the right to verify the presence or absence of floodplain soils through the retention of a third-party professional soil scientist.
(5) 
Wetlands regulations. All such lands shall be permanently protected, undisturbed, and undeveloped, except where state and federal permits have been obtained. Wetland boundaries shall be delineated through an on-site assessment which shall be conducted by a professional soil scientist. Such a person shall certify that the methods used correctly reflect currently accepted technical concepts, including the presence of wetlands vegetation, floodplain soils and/or hydrology/hydrologic indicators. The study shall be submitted with sufficient detail to allow a thorough review by the Township prior to approval by the Board of Supervisors, and the Township reserves the right to verify the presence and/or extent of wetlands through the retention of a third-party professional soil scientist.
(6) 
Wetlands buffer regulations. No impervious surface area shall be located within 25 feet or the extent of hydric soils extending beyond the wetland boundary, whichever is greater, of a wetland boundary, and no more than 20% of such areas shall be disturbed. Any Pennsylvania Department of Environmental Protection regulations concerning activities in wetlands margins shall also be met. Where, in the opinion of the Township, disturbance to the shape, but not the square footage, of a wetland transition area on a tract or parcel of land will result in minimal environmental impact and the modified transition area continues to serve the transition function, the wetland transition area may be reduced to 50% of its required width, so long as it is compensated by increasing the transition area width in another wetland transition area on the same site and the total required wetland transition area is not reduced.
(7) 
Woodlands and individual tree regulations. A minimum of 80% of woodlands associated with another natural resource on a site and a minimum of 50% of woodlands which are not associated with another natural resource on a site shall be permanently protected, undisturbed, and undeveloped. The woodlands shall not be planted as lawn and shall remain in their natural condition with the natural forest ground cover left intact. The following standards shall apply to any woodlands or individual trees to be destroyed as a result of street alignment, building placement, parking area location, grading, or otherwise, except as permitted pursuant to an approved zoning permit for a forestry use per § 145-28.7 of this chapter:
(a) 
Removal necessary as a means to eliminate dead, diseased, hazardous, or invasive trees shall be permitted only after the review and approval of the Township Engineer. Any trees removed pursuant to this subsection shall not be required to be replaced unless the planting was or is required to satisfy a Township ordinance requirement, such as street trees, buffer trees, screening, etc. If replacement is required, each tree shall be replaced with an approved species to meet the intent of the quantity and spacing of the SALDO.
(b) 
Every existing tree with a trunk eight inches or more in caliper (measured at one foot above the existing ground line) shall be replaced with one new tree of a type specified by the Township with a trunk of not less than two inches in caliper measured at one foot above the ground line.
(c) 
Such new trees shall not be placed on the lot as street trees or in place of trees required by the Township's Subdivision and Land Development Ordinance (SALDO) for street trees, buffers, screening, etc. If any trees are removed as a means to eliminate dead, diseased or hazardous trees, but were required to meet the requirements of the SALDO regarding street trees, buffer trees, screening, etc., each tree shall be replaced with an approved species to meet the intent of the quantity and spacing of the SALDO.
(d) 
At the discretion of the Township, a number of trees not greater in number than those destroyed may be planted on lands owned by the Township in order to maintain the proper ecological balance of the Township. The Township shall assess the developer the cost of these trees, including the costs for delivery and installation. This cost shall be as stated in the Township's Fee Schedule, as it is amended from time to time. This fee may be used for the installation of trees within the Township, as well as any public improvements intended to enhance the air and/or water quality within the Township and its surrounding community.
(8) 
Steep slope regulations. In areas of steep slopes, the following standards shall apply:
(a) 
15% to 25% grade. No more than 50% of such areas shall be altered, regraded, cleared or built upon. The remaining 50% shall permanently remain undisturbed in existing natural cover and as permanent open space.
(b) 
25% to 33% grade. No more than 25% of such areas shall be altered, regraded, cleared or built upon. The remaining 75% shall permanently remain undisturbed in existing natural cover and as permanent open space.
(c) 
33% or steeper. No portion of such areas shall be altered, regraded, cleared or built upon, with the exception of public utilities or driveways when no other location is possible.
(d) 
Steep slope areas of less than 1,000 square feet of contiguous land and 20 feet in length, not abutting other areas of steep slope, may be excluded in determining areas of steep slopes.
(e) 
The Township shall exempt man-made slopes (for example, man-made slopes within a street right-of-way) from the provisions herein, if it is determined that alteration, regrading, clearing, or construction upon such slopes will not be injurious to the health, safety and welfare of the community. It shall be the burden of the applicant to demonstrate that the steep slopes were man-made.
(9) 
Riparian buffer regulations. The riparian buffer shall include only the portion of land sloping towards the surface water bodies being protected and shall extend either 35 feet from each side of the watercourse, lake, or pond, at bankfull flow edge, or the extent of the 100-year floodplain, whichever is greater, or as otherwise required by Chapter 102.[1] If a minimum of 35 feet cannot be provided as a buffer along the watercourse due to existing features or other impact, additional buffer width shall be provided elsewhere on site or within the Township to the satisfaction of the Township Engineer to provide an equivalent buffer area with a priority to establish a continuous buffer versus a fragmented buffer. This requirement shall not apply to land sloping away from the watercourse. No land disturbance shall be permitted within any riparian buffer except as permitted below. The buffer area will consist of two distinct protection zones.
[Amended 3-20-2023 by Ord. No. 418]
(a) 
Zone 1. This buffer area will begin at the edge of the lake, pond or watercourse and occupy a margin of land with a minimum width of 15 feet measured horizontally on a line perpendicular to the edge of water at bankfull flow or level. Open space uses that are primarily passive in nature may be permitted in Zone 1, including:
[1] 
Wildlife sanctuaries, nature preserves, forest preserves, fishing areas, constructed wetlands, passive areas for public or private parklands and reforestation.
[2] 
Customary agricultural practices in accordance with a soil conservation plan approved by the County Conservation District and a nutrient management plan in accordance with state requirements, if applicable.
[3] 
Regulated activities permitted by the commonwealth and Township for watercourse/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 approval is obtained from the Army Corps of Engineers and/or Pennsylvania Department of Environmental Protection and any disturbance is offset by riparian corridor improvements as approved by the Township.
[4] 
Vegetation management in accordance with an approved landscape or open space management plan.
[5] 
Streambank stabilization and/or restoration.
[6] 
Runoff 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 for proposed stormwater management facilities.
[7] 
Minimum Management Requirements for Riparian Buffers:
[a] 
Existing native vegetation shall be protected and maintained within an easement.
[b] 
Whenever practicable, invasive vegetation shall be actively removed, and the easement area shall be planted with native trees, shrubs and other vegetation to create a diverse native plant community appropriate to the intended ecological context of the site.
(b) 
Zone 2. This buffer zone will begin at the outer edge of Zone 1 and shall occupy a minimum width of 20 feet. Where the width of the 100-year floodplain extends greater than 35 feet from the edge of water at bankfull flow or level, Zone 1 shall remain a minimum of 15 feet, and Zone 2 shall extend from the outer edge of Zone 1 to the outer edge of the 100-year floodplain. Additional buffer width shall also be provided based on existing conditions as required by the Township Engineer. Uses permitted in this buffer area include open space uses that are primarily passive in nature, including:
[1] 
Wildlife sanctuaries, nature preserves, forest preserves, constructed wetlands, and passive areas for public or private parklands, recreational trails and reforestation.
[2] 
Customary agricultural practices in accordance with a soil conservation plan approved by the County Conservation District.
[3] 
Regulated activities permitted by the commonwealth and Township for watercourse/stream or wetland crossing or other encroachment (i.e., farm vehicle and livestock, recreational trails, driveways, roads, sewer or water lines and utility transmission lines), provided that any disturbance is offset by riparian corridor improvements as approved by the Township.
[4] 
Recreational activities or uses, such as playing fields or golf courses, with no impervious surfaces installed within the zone.
[5] 
Minimum Management Requirements for Riparian Buffers:
[a] 
Existing native vegetation shall be protected and maintained within an easement.
[b] 
Whenever practicable, invasive vegetation shall be actively removed, and the easement area shall be planted with native trees, shrubs and other vegetation to create a diverse native plant community appropriate to the intended ecological context of the site.
(c) 
Prohibited uses. Any use or activity not authorized in Subsection C(9)(a) or (b) above shall be prohibited within the riparian buffer. The following activities and facilities are specifically prohibited:
[1] 
Soil erosion and sedimentation. All developments shall protect lakes, ponds and watercourses from sedimentation damage and shall control erosion in accordance with the Clean Streams Law, P.L. 1987, as amended.[2]
[2]
Editor's Note: See 35 P.S. § 691.1 et seq.
[2] 
Clear-cutting of trees and other vegetation.
[3] 
Selective cutting of trees and/or the clearing of other vegetation, except where authorized by Subsection C(9)(a) or (b) above, or where removal is necessary as a means to eliminate dead, diseased, hazardous, or invasive trees. Removal is subject to prior review and approval of the Township Engineer and revegetation by native plants that are most suited to the riparian corridor.
[4] 
Storage of any hazardous or noxious materials.
[5] 
Roads, access drives, parking area or driveways and corridor crossings, except as permitted by the Pennsylvania Department of Environmental Protection and the Township.
[6] 
Use of fertilizers, pesticides, herbicides, and/or other chemicals in excess of prescribed industry standards or the recommendations of the County Conservation District.
[7] 
Outdoor storage.
[8] 
Any type of permanent structure, including fences, except structures needed for a use permitted herein.
[9] 
Sod farming.
[10] 
Topsoil removal, unless approved by the Township Engineer.
[11] 
Subsurface and elevated sewage disposal areas and other wastewater disposal systems.
[12] 
Stormwater basins, including any berms or outfall facilities.
(d) 
Maintenance and monitoring plans shall be prepared for each buffer, which will state the required annual maintenance duties for each zone, including, but not limited to, the critical period during establishment of the buffer (typically the first three to five years, or as determined by the Township Engineer).
(e) 
Revegetation of riparian area. In cases where a major subdivision or land development is proposed, replanting of the riparian buffer shall be required where there is little or no existing streamside vegetation. Native vegetation approved by the Township must be used in replanting. 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 who has specific experience in the delineation of riparian buffer areas and shall comply with the following minimum requirements, unless modified by the Board of Supervisors upon recommendation of the Planning Commission:
[1] 
Trees and shrubs. These planting layers include trees that form an overhead canopy and understory shrubs beginning at the top of the streambank and occupy a strip with a fixed width of 35 feet and shall be chosen from the Township's Recommended Plant Material List or Pennsylvania Stormwater BMP Manual. The density of plantings shall be in accordance with the planting plan guidelines of the Pennsylvania Stormwater BMP Manual. This area shall be reviewed and approved by the Township Engineer for erosion, bank stabilization/stream restoration and removal of dead, diseased, hazardous or invasive vegetation prior to revegetating.
[2] 
Ground cover. Ground cover shall consist of perennial grasses and forbs extending a recommended minimum width of 20 feet from the edge of Zone 2, where possible. Appropriate ground cover includes native material, exclusive of noxious weeds, as defined by the Pennsylvania State Department of Agriculture. This planted area shall be designated on the plan as a "no-mow zone" or "limited-mow zone" and shall be left as natural cover, except in accordance with the maintenance and monitoring plan.
[3] 
Exceptions. These planting requirements shall not apply to existing farm fields located within the riparian buffer or the farmland tract areas if farming operations are to be continued and the required state nutrient management plan is met.
[4] 
Establishing continuous riparian forest buffers should be given a higher priority than establishing larger but fragmented buffers.
(f) 
The following conditions shall apply when public and/or private recreation trails are permitted within riparian buffers:
[1] 
Trails shall be for nonmotorized use only, excluding Township maintenance vehicles.
[2] 
Trails shall be designed to have the least impact on native plant species and other sensitive environmental features.
(g) 
Septic drainfields and sewage disposal systems shall not be permitted within the easement and shall comply with setback requirements established under 25 Pa. Code Chapter 73.
[1]
Editor's Note: See 25 Pa. Code Chapter 102.
[Amended 5-19-2025 by Ord. No. 430]
A. 
Plan information. To meet the natural resource protection standards of this article, the following information is required to be provided with an application for a subdivision or land development proposing earth disturbance:
(1) 
Existing resource and site analysis map (ERSAM) showing environmentally sensitive areas, including, but not limited to, steep slopes, ponds, lakes, streams, wetlands, hydric soils, vernal pools, stream buffers, and hydrologic soil groups. Existing and proposed land development, any existing recharge areas, potential infiltration areas or permeable soil areas, as well as off-site contributing runoff sources, downstream receiving swales, channels or watercourses, and affected downstream or downslope properties shall also be included.
(2) 
A site plan which illustrates all natural resources and the proposed use for the site.
(3) 
All encroachments and disturbances necessary to establish the proposed use on the site.
(4) 
Calculations which indicate the area of the site with natural resources and the area of natural resources that would be disturbed or encroached upon.
B. 
Conservation easements/deed restrictions. For subdivision and land development plans, a defined conservation easement shall be identified on the plan, and a declaration of easement shall be recorded to provide for the continuance of the resource protection areas in accordance with the provisions of this article. Alternatively, deed restrictions meeting Township specifications may be placed in the deed for each site or lot that has natural resource protection areas within its boundaries. Natural resource protection areas may be held as common open space in accordance with the requirements of this chapter and the Subdivision and Land Development Ordinance (Chapter 122), or in the ownership of individual property owners. For this latter form of ownership, it shall be clearly stated in the individual deed that the maintenance responsibility lies with the individual property owner.
[Amended 1-20-2020 by Ord. No. 409; 5-19-2025 by Ord. No. 430]
A. 
The following site capacity calculations shall be provided on the record plan for all subdivision and land development applications proposing earth disturbance. Through these calculations, the developable acreage, maximum number of lots or dwelling units, maximum amount of impervious surfaces and required open space will be determined for the specific site.
(1) 
Determine the gross site area by an on-site boundary survey.
(2) 
Calculate the lot area.
Gross site area
=
_____ acres
Right-of-way area
=
_____ acres
Lot area
=
_____ acres
(3) 
Calculate the land with resource restrictions and the resource protection land. In the event that two or more resources overlap, only the resource with the highest protection ratio shall be used in the calculations.
Resource protection land
Protection Ratio
Acres of Land in Resource
Lakes, ponds, or watercourses
1.00
_____
Riparian buffer
1.00
_____
Floodplain
1.00
_____
Floodplain (alluvial) soils
1.00
_____
Wetlands
1.00
_____
Wetlands margin
0.80
_____
Woodlands [within other resource(s)]
0.80
_____
Woodlands
0.50
_____
Steep slopes 33% or more
1.00
_____
Steep slopes 25-33%
0.75
_____
Steep slopes 15-25%
0.50
_____
Total land with resource restrictions
_____ acres
Total resource protection land proposed
_____ acres
*
Note the resource with the greater restriction in areas of resource overlap.
(4) 
Determine required open space. The required open space is the total of the resource protection land or the minimum open space, whichever is greater.
Required or proposed open space
_____ acres
Total land with resource restrictions
_____ acres
(5) 
Calculate the developable acreage.
Lot area
_____ acres
Subtract open space/natural resource area
_____ acres
Developable acreage
_____ acres
(6) 
Calculate the maximum number of dwelling units.
Developable acreage
_____ acres
Multiply by maximum density
x
_____ acres
OR divide by minimum lot area*
÷
_____ acres
Number of dwelling units permitted**
_____ units/lots
*
If maximum density is not defined per this chapter.
**
Do not round up.
(7) 
Calculate the maximum area of impervious surfaces.
Net site area
_____ acres
Multiply by maximum impervious coverage percentage
x
_____ acres
Maximum permitted impervious surface
=
_____ acres