A.
General.
(1)
The purpose of this section is to protect and preserve the environment
and character of the Township through the preservation of natural
resources, including but not limited to wetlands, floodplains, floodplain
soils, woodlands, steep slopes, and riparian corridors.
(2)
All applicants for any subdivision, land development, and/or site
plan shall be required to submit a plan which clearly delineates all
natural resources, as defined by this chapter, which exist on the
parcel to be developed, subdivided or built upon.
(a)
For any subdivision or development of a parcel equal to or greater
than five acres in area, an aerial photo showing features within 1,000
feet of the parcel shall also be submitted.
(3)
Natural resource identification and preservation standards.
(a)
The natural resource restrictions herein shall apply to all
uses.
(b)
It shall be considered a violation of this chapter for woodland
removal or earthmoving to be conducted on any site without the receipt
of a zoning permit prior to the commencement of these activities.
Additionally, it shall be considered a violation of this chapter for
an applicant to remove vegetation, regrade, or alter the site in any
way in order to circumvent the requirements of this chapter.
(c)
This chapter shall not prohibit land management practices which
are intended to ecologically improve any wetland or woodland, provided
that all necessary permits have been obtained from the Pennsylvania
Department of Environmental Protection and all other applicable governing
bodies.
B.
Natural resources and protection rates.
(1)
The applicant for a subdivision, land development, site plan and/or
building permit shall be required to identify all natural resources
on a lot when submitting an application for a subdivision, land development
and/or building permit. This inventory shall include the following
resources: floodplains, floodplain soils, wetlands, waters of the
United States, waters of the commonwealth, perennial and intermittent
watercourses, riparian and wetland buffers, steep slopes, and woodlands.
(2)
Maps and accompanying calculations shall be submitted with the site plan (refer to § 300-61) and shall include the following:
(a)
All encroachments and disturbances necessary to establish the
proposed use on the site.
(b)
Calculations which indicate the area of the site with natural
resources; the area of natural resources that would be disturbed or
encroached upon; and the area of the site which must be left undisturbed
to protect resources under this section.
(3)
Floodplains. Such areas shall remain undisturbed, except for minor road crossings where design approval is obtained from the municipality and the Department of Environmental Protection and where no other reasonable access is available. See § 300-37, Alluvial soil protection.
(4)
Floodplain soils. Such areas shall remain undisturbed, except for minor road crossings where design approval is obtained from the Municipality and the Department of Environmental Protection and where no other reasonable access is available. Floodplain soils shall not be used where the one-hundred-year floodplain (with a floodway and flood fringe) has been delineated. See § 300-37, Alluvial soil protection.
(5)
Wetlands, waters of the United States, waters of the commonwealth,
perennial and intermittent watercourses.
(a)
Wetlands, waters of the United States, waters of the commonwealth,
perennial and intermittent watercourses shall include all areas defined
as such by this chapter.
(b)
Wetlands, waters of the United States, waters of the commonwealth,
perennial and intermittent watercourses shall have a protection rate
of 100%. No structures, filling, piping or regrading shall be permitted
within any of these areas.
(7)
Riparian buffers.
(a)
Riparian buffers shall include all areas located within 100
feet of any waters of the United States, waters of the commonwealth,
perennial or intermittent watercourses. The buffer shall be measured
by field survey from the top of bank of the defined water flow channel.
[Amended 7-1-2014 by Ord.
No. 2014-06]
(b)
Riparian buffers shall have a protection rate of 95%.
(8)
The following uses are permitted within a buffer associated with
a wetland or riparian area.
(a)
Agricultural uses existing at the time of adoption of this article
with best management practices.
(b)
Corridor crossing by farm vehicles and livestock, roads, railroads,
centralized sewer and/or water lines, and public utility transmission
lines.
(c)
Centralized sewer and/or water lines and public utility transmission
lines running along the corridor.
(d)
Forestry operations, as regulated by § 300-22A(4) of this chapter.
(e)
Passive use areas such as camps, campgrounds, picnic areas;
active recreation areas such as ball fields, playgrounds, and courts;
provided these uses are designed in a manner that will not permit
concentrated flow.
(9)
The following uses are specifically prohibited within a buffer associated
with a wetland or riparian area.
(a)
All structures.
(b)
Removal or disturbance of vegetation in a manner that is inconsistent
with erosion control or corridor protection.
(c)
Storage of any hazardous or noxious materials.
(d)
Use of fertilizers, pesticides, herbicides and/or other chemicals
in excess of prescribed industry standards or the recommendation of
the Northampton County Conservation District.
(e)
Motor vehicle or wheeled traffic in any area not designated
to accommodate adequately the type and volume.
(f)
Parking lots.
(g)
On-lot sewage disposal, absorption or spray field areas, except
as sited, permitted, and installed in accordance with Act 537 and
the regulations promulgated thereunder.
[Amended 4-7-2015 by Ord.
No. 2015-01]
(h)
Sod farming.
(i)
The maintenance, housing or grazing of animals.
(10)
Any person, partnership or corporation will be required to restore
and stabilize any unauthorized activity in the riparian corridor buffer
to the satisfaction of the Township.
(11)
Steep slopes.
(a)
Steep slopes shall include areas of 3,000 square feet or greater
where the slope exceeds 8%.
(b)
Steep slopes with a grade of 8% to 15% shall have a protection
rate of 60%.
(c)
Steep slopes with a grade of 15% to 25% shall have a protection
rate of 75%.
(d)
Steep slopes with a grade of greater than 25% shall have a protection
rate of 85%.
(12)
Woodlands.
(a)
Woodlands shall include all areas of one acre or greater which
contain an average of one or more trees measuring six inches in caliper
or greater, per 5,000 square feet. All associated layers of growth,
including but not limited to, the canopy, understory and floor, shall
be considered as part of the woodland and shall be so protected by
the woodland protection rate.
(b)
Alien, invasive or other species which are deemed to be harmful
to the local ecosystem may be permitted to be removed upon inspection
by a qualified representative of the Township.
(c)
In emergency situations where any tree is in such a position
or condition that it constitutes a danger to the health, safety or
welfare of persons, structures, neighboring property, the property
on which it is located, or to the public, the applicant may be permitted
to cut down or remove this tree in excess of the typical woodland
protection rate. However, the applicant shall apply for the appropriate
permits within three business days after the tree removal.
(d)
Woodlands shall have a protection rate of 60%. No more than
40% of areas of woodlands shall be cleared, thinned or regraded.
C.
Site capacity calculations.
(1)
The purpose of this subsection is to conserve the valuable and environmentally
sensitive natural features and resources within the Township, prevent
long-term degradation of the environment to the common benefit of
the community and to promote sound development practices by limiting,
restricting and prohibiting development from areas of a site, parcel,
tract or lot that are not appropriately suited for development activity.
(2)
For all subdivisions and land developments the following calculations
shall be submitted with the subdivision and land development plan
and application.
(a)
Calculate base site area.
|
[1]
|
Gross site area (from property survey):
|
_____ac.
|
|
[2]
|
Subtract:
| |
|
Land that is not contiguous:
|
_____ac.
| |
|
Land within existing rights-of-way:
|
_____ac.
| |
|
Land within required rights-of-way of existing streets:
|
_____ac.
| |
|
[3]
|
Equals base site area:
|
_____ac.
|
(b)
Calculate resource restrictions and resource protection lands
within the base site area. Should two or more resources overlap, only
the resource with the highest protection ratio shall be used.
|
Natural Resource
|
Required Preservation
|
Land in Resource
|
Resource Protection Land
|
|---|---|---|---|
|
Floodplains
|
100%
|
x _____ac.
|
= _____ac.
|
|
Floodplain soils
|
100%
|
x _____ac.
|
= _____ac.
|
|
Wetlands
|
100%
|
x _____ac.
|
= _____ac.
|
|
Waters of the U.S./Commonwealth
|
100%
|
x _____ac.
|
= _____ac.
|
|
Steep slopes greater than 25%
|
85%
|
x _____ac.
|
= _____ac.
|
|
Steep slopes greater than 15% to 25%
|
75%
|
x _____ac.
|
= _____ac.
|
|
Steep slopes 8% to 15%
|
60%
|
x _____ac.
|
= _____ac.
|
|
Woodlands
|
60%
|
x _____ac.
|
= _____ac.
|
|
Total land in resources
|
_____ac.
| ||
|
Total resource protection land
|
_____ac.
|
(c)
Calculate net buildable site area.
|
[1]
|
Base site area {from Subsection C(2)(a)[3]}
|
_____ac.
|
|
[2]
|
Subtract total resource protection land [from Subsection C(2)(b)]
|
_____ac.
|
|
[3]
|
Equals net buildable site area
|
= _____ac.
|
(d)
Calculate maximum number of permitted dwelling units.
|
[1]
|
Base site area {from Subsection C(2)(a)[3]}
|
_____ ac.
|
|
[2]
|
Find square footage of base site area
|
x 43,560
|
|
[3]
|
Divide by minimum allowable lot area (based on zoning district)
|
/_____ s.f.
|
|
[4]
|
Equals maximum permitted quantity of DUs
|
= _____DUs
|
(e)
Calculate maximum permitted impervious surfaces.
|
[1]
|
Net buildable site area {from Subsection C(2)(c)[3]}
|
_____ac.
|
|
[2]
|
Multiply by maximum permitted impervious surfaces ratio (based
on zoning district)
|
x_____
|
|
[3]
|
Equals maximum permitted impervious surfaces
|
=_____ac.
|
(f)
Site capacity calculation summary.
|
[1]
|
Base site area {from Subsection C(2)(a)[3]}
|
=_____ac.
|
|
[2]
|
Net buildable site area {from Subsection C(2)(c)[3]}
|
=_____ac.
|
|
[3]
|
Maximum permitted number of DUs {from Subsection C(2)(d)[4]}
|
=_____ac.
|
|
[4]
|
Maximum permitted impervious surfaces {from Subsection C(2)(e)[3]}
|
= _____ac.
|
D.
Streamside setback area. All proposed structures and uses shall be
required to meet the following stream setback criteria, as follows,
where applicable:
[Added 11-3-2014 by Ord.
No. 2014-11]
(1)
Streamside setback area. Those areas within 100 feet of each side
of a year-round or intermittent stream as measured by field survey
from the top of the bank of the defined water flow channel.
(2)
Placement of buildings or structures. No new building, structure,
transportable dwelling or mobile home or any portion thereof shall
be erected within the boundaries of the streamside setback area, except
required roads, driveways, bridges, culverts and utilities.
All activities shall comply with the rules and regulations established
by the Northampton County Conservation District.
[Amended 7-1-2014 by Ord.
No. 2014-06]
A.
Purposes. In addition to the floodplain management regulations of Chapter 150, Floodplain Management, there are areas of known alluvial soils lying outside the identified floodplain areas. The intent of this section is:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
(1)
To regulate development in areas of the Township in which alluvial
soils lying adjacent to streams are known to possess characteristics
indicative of flooding and/or chronic wetness which could pose hazards
to the public health, safety and welfare due to flooding and pollution
if indiscriminately developed.
(2)
To reduce the financial burden imposed on the Township and individuals
by floods and overflows on lands.
(3)
To permit certain uses which can be appropriately located in such
areas and which will not impede the flow of floodwaters or otherwise
cause danger to life and property at, above or below their locations
along the flooding.
(4)
To provide sufficient drainage courses to carry abnormal flows of
stormwater in periods of heavy precipitation.
(5)
To permit and encourage the retention of open land uses which will
be so located and designed as to constitute an appropriate part of
the physical development of the Township as provided for in the Comprehensive
Plan.
B.
Alluvial soil floodplain areas.
(1)
Areas designated as "alluvial soils" are based on the soil map prepared
by the Soil Conservation Service of the United States Department of
Agriculture, and published in the Soil Survey: Northampton County,
Pennsylvania. These areas contain one or more of the soil types which
are identified by the Soil Survey: Northampton County as "soils of
floodplains that are subject to overflow."
C.
Applicability. The provisions of this section shall be required for
all development plans and for all uses which lie within alluvial soils
areas, including, but not limited to uses requiring or involving buildings
and structures; facilities such as septic systems and wells which
will be located in or within a distance of 100 feet from areas designated
as containing alluvial soils; and recreational or utility uses within
or adjacent to alluvial soils.
D.
Approval procedure. The Zoning Officer shall require submission of
a detailed alluvial soil delineation prepared by a qualified engineer,
soil scientist, hydrogeologist, or sewerage enforcement officer approved
by the Board of Supervisors in accordance with accepted soil delineation
practices.
E.
Alluvial soil protection regulations. On any site or portion of a
site which is found, based upon a detailed investigate pursuant to
the provisions of this section, to contain potential hazards due to
flooding, chronic wetness or pollution, the use regulations of the
zoning district in which the site is located shall apply, except that
the following uses shall be prohibited:
(1)
All permanent residential dwellings and permanent commercial or industrial
buildings or structures.
(2)
The filling of marshlands, removal of topsoil, or damming or relocation
of any watercourse except with the approval of the Commonwealth of
Pennsylvania Department of Environmental Protection.
(3)
Sanitary landfill, dump, junkyard, outdoor storage of vehicles and/or
materials, including manure.
(4)
On-lot sewerage disposal systems.
No materials or wastes shall be deposited upon a lot in such
form or manner that they may be transported off by natural causes
or forces, nor shall any substance which can contaminate groundwater
or surface water or otherwise render groundwater or surface water
undesirable as a source of water supply or recreation, or which will
destroy aquatic life, be allowed to enter any groundwater or surface
water. Applicable Department of Environmental Protection regulations
shall apply.
Any proposed land use located in an area which has a year-round
or seasonal high-water table which comes to within four feet of a
ground surface and which may directly by means of effluent discharge
into the ground or indirectly through the leaching of stored materials
result in the pollution of the groundwater shall be prohibited from
developing in such areas. The determination of such hazards shall
be made by the appropriate state agency and/or by a qualified sanitary
engineer, geologist or soil scientist approved by the Board of Supervisors.
A.
General requirements. Centralized sewage disposal systems and on-lot
community sanitary sewage systems and/or sanitary sewage treatment
facilities may be allowed to be constructed and privately owned for
nonresidential land uses in accordance with all state regulations
and Township ordinances and regulations and this section of this chapter.
Other development of a residential nature, either single-family, two-family
or multifamily, shall be served by individual on-lot sanitary sewage
disposal systems and/or connected to a publicly owned (or authority-owned)
centralized sewage facility. If such single-family, two-family or
multifamily developments utilize on-lot sewage disposal, then such
dwelling unit shall be provided with its own individual on-lot sewage
system.
B.
Setbacks.
(1)
All treatment, holding tanks, aeration tanks, filters, contact tanks,
lagoons or other facilities where untreated or partially treated wastewater
is exposed to the weather shall be no closer than 250 feet to any
existing residential building, no closer than 250 feet to the nearest
building restriction line (delineating minimum front, side or rear
yards required by this chapter) on an adjoining property or proposed
lot and no closer than 150 feet to any property line.
(a)
The above setbacks are minimum requirements designed to provide
protection for existing and future dwellings. Where a condition exists
on an adjoining property (such as a floodplain or transmission line
right-of-way) that would preclude any residential construction in
a certain area, the required 250 feet setback may be measured from
the nearest line where such a building could be built.
(b)
In addition to providing the required setbacks for the proposed
facilities, the site shall also include an area of at least a size
equal to the area needed for the proposed facilities, which would
be reserved to accommodate possible future use. This future use area
shall also meet the setback requirements listed above. The design
engineer shall delineate such future use area on the plans of the
proposed treatment facility. At least 30 feet shall be provided between
the proposed facilities and the future use area.
(2)
All equipment, buildings, housing or other facilities required for
the wastewater treatment facility, with the exception of fencing and
landscaping, that project above grade or above ground or any part
of a community sewage system shall be no closer than 150 feet to a
property line.
(3)
All noise-producing equipment shall be no closer than 150 feet to
any property line, except that subsurface lift station equipment shall
be no closer than 20 feet to the property line along a publicly owned
street or a street proposed for dedication to the Township.
C.
Screening and landscaping.
(1)
All aboveground sewage facilities, including but not limited to buildings,
tanks, power panels and lift station superstructures, and all exposed
water surfaces, including but not limited to aeration tanks and lagoons,
shall be enclosed with a protective fence of chain-link galvanized
mesh or fence of similar quality and durability. The fence shall be
at least six feet high. The fence shall be set no closer than 40 feet
to any property line. The fence shall be fitted with a locked gate
of the same material as the fence which shall be provided at a location
and width suitable for maintenance equipment.
(2)
The protective fence shall be landscaped on the exterior of the fence
with shrubs or a hedge of bushes.
(3)
The shrubs or hedge of bushes shall consist of shrubs or hedge bushes
36 inches apart and a minimum of 30 inches high all around the perimeter
of the fenced-in area except at the gate. The shrubs or bushes shall
be of a tall-growing variety, such as forsythia or autumn olive.
(4)
Shade trees shall be planted around the perimeter of the fence at
least 20 feet from the fence and at an average spacing of 75 feet
between trees with a maximum spacing not to exceed 90 feet center
to center. Such trees shall be at least two-inch-caliper shade trees
of nursery quality of a species suitable to Moore Township.
(5)
Ground cover inside and outside the fence shall be grass or other
suitable vegetative cover approved by the Township, except in areas
of structures or access drives and paths.
D.
Bonding. Bonding will be required for all proposed on-lot community
sewage systems or sanitary sewage treatment facilities in any amount
equal to the replacement cost of such facility in 20 years or at the
end of the anticipated life span of such facility.
E.
Discharge. No community sewage system or sanitary sewage treatment
plant shall discharge sanitary sewage effluent into any water bodies
or streams located in Moore Township.
F.
Termination of land use. Any land use relying on a nonpublic centralized
or nonpublic community sanitary sewer facility or sanitary sewer treatment
facility shall terminate its land use and utilization of these facilities
upon notice from the Township Zoning Officer if it has been determined
by the Township that the centralized or community sanitary sewage
system or sanitary sewage treatment facility is malfunctioning and
if, after notice as required by this chapter and/or other ordinances,
such malfunction is not corrected. Termination of use does not, however,
eliminate other remedies the Township may have to enforce penalties
or fines or abatement of pollution as may be provided for by Township
and/or state regulations and laws.
Bonding will be required for all proposed centralized water
supply systems in an amount equal to the replacement cost of such
facility in 20 years or at the end of the anticipated life span of
such system.
A.
Secondary absorption area. All proposed development utilizing on-lot
sanitary sewage disposal shall provide for a secondary absorption
area. The secondary absorption area shall be tested and found acceptable
for permitted use in accordance with the current Department of Environmental
Protection rules and regulations, as amended. The secondary area shall
remain undisturbed and reserved for future on-lot sanitary sewage
disposal requirements.
B.
Plan representation. The secondary absorption area shall be plotted
on proposed subdivision and development plans and building permit
applications for proposed buildings or structures utilizing on-lot
sewage disposal. The secondary area shall be labeled regarding intent.
