[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]
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:
Aw
Atkins silt loam
AxA
Atkins silt loam, local alluvium
BdA
Bedford silt loam
BdB
Bedford silt loam
BdB2
Bedford silt loam
BeB
Bedford and Lawrence silt loam
CmB
Comly silt loam
CmB2
Comly silt loam
CmC2
Comly silt loam
GnA
Glenville silt loam
GnB
Glenville silt loam
GnB2
Glenville silt loam
GnC2
Glenville silt loam
Hn
Huntingdon silt loam
Ln
Lindside silt loam
Mh
Melvin silt loam
MkA
Melvin silt loam, local alluvium
MkB
Melvin silt loam, local alluvium
Ph
Philo silt loam
ShC2
Shelmadine silt loam
WoA
Woodglen silt loam
WoB
Woodglen silt loam
WrB
Woodglen very stony silt loam
WfB2
Worsham silt loam
WsA
Worsham silt loam
WsB
Worsham silt loam
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:
[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.