[Ord. No. 2022-02, 7/11/2022]
1. 
The purpose of the natural resource conservation standards set forth herein is to protect the public health, safety and welfare by minimizing adverse environmental impacts. These standards are intended to meet the following purposes:
A. 
Define and delineate selected natural resources within the Township and establish resource protection standards to assist the Township in reducing the impact proposed uses will have on the environment, consistent with the Township Comprehensive Plan and Open Space Plan;
B. 
Promote conservation of a Township-wide open space network built upon existing riparian and woodland corridor networks;
C. 
Maintain and improve surface water and groundwater quality by reducing the entry of detrimental substances, including nutrients, sediment, organic matter, pesticides, and other harmful substances, while enhancing natural processing of nutrients and pollutants;
D. 
Attenuate Flooding and Reduce Soil Loss;
E. 
Provide wildlife habitat, protect native plant species, and provide opportunities for passive recreation and scenic enjoyment.
[Ord. No. 2022-02, 7/11/2022]
1. 
Except for timber harvesting pursuant to § 27-1308 and where otherwise specified herein, the provisions of this Part shall apply where any of the following Township submissions, reviews and approvals are required; or, when a violation of this Part requires an enforcement action:
A. 
Zoning or building permits;
B. 
Subdivision or land development plans;
C. 
Conditional use approvals;
D. 
Zoning variances or special exceptions;
E. 
Any land disturbance for which a grading or stormwater permit is required.
2. 
In the event that the provisions of this Part and any other applicable Township regulation are in conflict, the more restrictive provisions shall apply.
3. 
In the event that two or more natural resource areas identified in this Part occur on the same lot or tract, disturbance limitations shall be measured separately. Where such resource areas overlap, the most restrictive applicable standard (meaning the least amount of permitted alteration, re-grading, clearing, or building) shall apply to the area of overlap.
4. 
Limitations to the disturbance of resources shall apply before, during, and after construction or land disturbance on a site.
5. 
The disturbance limitations established in the following sections of this Part apply to the amount of disturbance permitted of a particular resource on the entirety of any tract or any lot. In addition to applying disturbance limitations to resource areas found on the entire tract, the disturbance limitations found in this Part shall also apply to each discrete resource area that is one acre or more. A discrete resource area is the entirety of any single contiguous area comprising any one resource regulated by the provisions of this Part with any area of resource overlap being measured as part of the contiguous resource area with the most restrictive disturbance limitation being applicable. If a discrete resource area measuring one acre or more is present on the tract, the percentage disturbance limitation applicable to the particular feature shall apply to each discrete resource area which is one acre or more, in addition to applying to the entire tract or lot. For example, this Part permits disturbance of up to 25% of moderately steep slopes on a tract. The limitation on disturbance of moderately steep slopes shall apply to limit the overall disturbance of all moderately steep slopes on the entire tract or lot. Additionally, for each discrete area of moderately steep slopes measuring one acre or more in size, only 25% of that particular, discrete moderately steep slope area may be disturbed. In applying the disturbance limitation to each discrete resource area measuring one acre or more, the end result may be that less than the maximum disturbance otherwise permitted on the entire tract is allowed. This result is intended by the Township.
6. 
Disturbance limitations set forth below shall be applied based on the occurrence of identified resource areas at the time of adoption of this chapter. Disturbance permitted over time in multiple applications on the same lot or tract shall be measured against the same overall limitations established at the time of the first application after the adoption of this chapter. For example, if applicable disturbance limitations for a particular resource permit two acres of disturbance, and one acre of disturbance is permitted upon the first application after the adoption of this chapter, then only one acre shall remain to be permitted for future disturbance of the applicable resource regardless of the total number of applications over the years. Each submission for a particular tract or lot shall include information relative to prior disturbances of the applicable resource, the amount of the disturbance proposed with the current application and any remaining, future disturbance permitted under this Part.
7. 
Upon request of the Township, supplemental information shall be submitted by the applicant to demonstrate compliance with this Part.
[Ord. No. 2022-02, 7/11/2022]
1. 
Steep slope disturbance limitations shall not apply to subdivision or building permit applications pursuant to Subsections 1.B. or 2.D. in the AP - Agricultural Preservation District.
2. 
Steep slope areas shall be preserved in their natural state, allowing only for construction of roads, buildings, driveways, or infrastructure pursuant to the following. In no case shall disturbance exceed the following permitted limits.
A. 
Moderately Steep Slopes. No more than 25% of moderately steep slopes shall be regraded, cleared, built upon, or otherwise altered or subject to land disturbance or woodland disturbance.
B. 
Very Steep Slopes. No more than 10% of very steep slopes shall be regraded, cleared, built upon, or otherwise altered or subject to land disturbance or woodland disturbance. In addition, disturbance permitted on very steep slopes shall be limited to the following activities:
(1) 
Grading for a driveway necessary for access to the permitted principal use and for sewer, water, and other utility lines. Notwithstanding the foregoing, sewage disposal systems are not permitted within very steep slopes;
(2) 
Trail(s).
C. 
Steep Slope Margins. No more than 25% of steep slope margins shall be regraded, cleared, built upon, or otherwise altered or subject to land disturbance or woodland disturbance.
3. 
Any stockpile(s) of earth intended to be stored for more than 21 days shall be seeded or otherwise stabilized to the satisfaction of the Township engineer. Any disturbed areas of very steep slope and any cut and fill resulting in slopes of greater than 20% shall be protected with an erosion control blanket.
[Ord. No. 2022-02, 7/11/2022]
1. 
Where any application for Township permit or zoning, subdivision or land development approval, regardless of amount of impervious cover or total land disturbance, shall require state or federal approval under applicable wetland regulations, the applicant shall supply copies to the Township of all correspondence with the Pennsylvania Department of Environmental Protection (Bureau of Dams and Waterway Safety and Bureau of Water Quality Management) and the U.S. Army Corps of Engineers relative to such approval, including applications, submissions, wetland delineation reports, re-submissions, review letters, responses and actual permits where required, prior to issuance of any applicable Township permit or approval.
2. 
No wetland drainage shall be permitted.
3. 
No leakage from sewers or other liquid transport pipelines crossing wetlands shall be permitted. The Township may require that permitted transport pipelines crossing wetlands be periodically inspected by the affected landowner, with a report submitted to the Township for verification to ensure that leaks from such pipelines are not occurring and that wetland drainage is not caused by water flowing through or along any pipe or trench.
4. 
Where permitted subject to applicable regulation and as otherwise provided herein, sewers or other liquid transport pipelines shall only be permitted to cross wetlands on the minimum traversal distance.
[Ord. No. 2022-02, 7/11/2022]
1. 
Only Zone One: Inner riparian buffer conservation provisions shall apply to subdivision or building permit applications pursuant to § 27-404, Subsections 1.B. and 2.D., in the AP - Agricultural Preservation District. Zone Two: Outer riparian buffer provisions shall not apply to applications pursuant to § 27-404, Subsections 1.B. and 2.D.
2. 
Zone One: Inner riparian buffer. Except to provide for those uses or activities listed below, no land disturbance or woodland disturbance shall be permitted within the zone one riparian buffer, subject to the limits of applicability of this Part:
A. 
Regulated activities permitted by the Commonwealth (i.e., permitted stream or wetland road crossing or timber harvesting pursuant to § 27-1308);
B. 
Provision for trail and trail access;
C. 
Removal of hazardous or invasive vegetation or debris, including gravel bars which have accumulated;
D. 
Vegetation management in accordance with an approved landscape plan or forested land clearing plan;
E. 
Placement of research or monitoring devices, such as staff gages, water recording, water quality testing, cross vanes, weirs and related demonstration facilities; or
F. 
Structures that, by their nature, cannot be located anywhere except within the riparian buffer. These structures shall include docks, boat launches, public water supply intake structures, facilities for natural water quality treatment and purification, public wastewater treatment plant sewer lines and outfalls and stormwater conveyance structures and outfalls.
3. 
Zone Two: Outer riparian buffer. Subject to the limits of applicability of this Part, no more than 15% of a zone two riparian buffer shall be regraded, filled, built upon, or otherwise altered or subject to land disturbance for any use permitted in the underlying zoning district, except timber harvesting pursuant to § 27-1308.
[Ord. No. 2022-02, 7/11/2022]
1. 
Woodland conservation provisions below shall not apply to any timber harvesting operation conducted in compliance with the requirements of § 27-1308 or to subdivision or building permit applications pursuant to § 27-404, Subsections 1.B. and 2.D., in the AP - Agricultural Preservation District.
2. 
Woodland Disturbance Limitation. In the context of any subdivision or land development application or any zoning or building permit application, applicable pursuant to Subsection 1. above, no more than 50% of existing woodlands on any lot shall be regraded, removed, built upon, or otherwise altered or disturbed, and any applicant shall comply with the provisions in Subsections 3 and 4. below.
3. 
Considerations for Locations of Woodland Disturbance. Applicants shall submit a narrative indicating how they intend to address the following issues, which narrative shall be considered incorporated into and part of the permit for woodland disturbance if a permit is ultimately approved:
A. 
Clearcutting shall not be permitted except to effect a permitted land development plan or building permit as approved;
B. 
Remaining undisturbed woodlands and other vegetation shall interconnect with woodlands or wooded areas of adjacent properties to preserve continuous woodland corridors and allow for the normal movement, dispersion, and migration of wildlife. The applicant shall consider the impacts, in terms of functions and values to wildlife, of separating, dividing, or encroaching on wildlife travel corridors or extensive habitat areas, especially woodlands exceeding 10 acres in area;
C. 
Each building or structure shall be constructed in such a manner as to provide the least alteration or disturbance necessary of the existing woodland.
4. 
Protection of Woodlands to Remain on Site. Woodlands, individual trees, and other vegetation that are indicated as to remain on the site shall be identified. Means to protect them from further land disturbance and construction activities, including mechanical injury or grading change, shall be established as part of any applicable plan submission or permit application. In furtherance of such protection, no grading activity, construction vehicle activity or storage, stockpiling of soil, debris or construction materials shall be permitted within 25 feet of any vegetation indicated as intended to remain.
[Ord. No. 2022-02, 7/11/2022]
1. 
Heritage tree conservation provisions below shall not apply to any timber harvesting operation conducted in compliance with the requirements of § 27-1308 or to subdivision or building permit applications pursuant to § 27-404, Subsections 1.B. and 2.D., in the AP - Agricultural Preservation District.
2. 
Except as provided in Subsection 1. above, no heritage tree(s) shall be removed except where the applicant has adequately demonstrated to the Township:
A. 
That such removal is essential to eliminate hazardous condition(s); or
B. 
That the proximity of the subject tree(s) within 100 feet of existing residence(s) or other structures may constitute a future hazard.
[Ord. No. 2022-02, 7/11/2022]
1. 
Applicability. To encourage maintenance and management of woodlands and promote the conduct of forestry as a sound and economically viable use of forested land throughout Lower Mount Bethel Township, forestry activities, including timber harvesting, shall be a permitted use by right in all zoning districts. The provisions herein shall apply to all timber harvesting within the Township where the value of the trees, logs, or other timber products removed exceeds $1,000 or where any timber harvesting operation(s) on the same property exceed(s) one acre in a three-year time frame or less, commencing with the initial notification pursuant to Subsection 2. below. The removal or cutting of trees for the personal use of the landowner, for pre-commercial timber stand improvement, where pursuant to an approved subdivision or land development plan, for the removal of dead or diseased trees, or invasive alien species, and the cutting of trees as part of a Christmas tree farming operation shall not be considered timber harvesting operations. Forestry, as defined by the Pennsylvania Municipalities Planning Code,[1] as amended, shall be considered timber harvesting.
[1]
Editor's Note: See 53 P.S. §§ 10101 et seq.
2. 
Notification of Commencement or Completion of Timber Harvesting Operations. For all applicable timber harvesting operations pursuant to Subsection 1. above, the landowner shall notify the Township zoning officer at least 14 days before the operation commences and within seven days before the operation is complete. No timber harvesting shall occur until the notice has been provided. Notification shall be in writing and shall specify the land on which harvesting will occur, the expected size of the harvest area, and, as applicable, the anticipated starting or completion date of the operation.
3. 
Timber Harvesting Plan.
A. 
Every landowner on whose land timber harvesting is to occur shall prepare a written timber harvesting plan in the form specified herein. No timber harvesting shall occur until the plan has been prepared. The provisions of the timber harvesting plan shall be followed throughout the operation. The timber harvesting plan shall be available at the harvest site at all times during the operation and shall be submitted to the Township zoning officer prior to commencement of the operation.
B. 
The landowner and the operator shall be jointly and severally responsible for complying with the terms of the timber harvesting plan.
C. 
Contents of Timber Harvesting Plan.
(1) 
Minimum Requirements. As a minimum, the timber harvesting plan shall include the following:
(a) 
Design, construction, maintenance, and retirement of the access system, including haul roads, skid roads, skid trails, and landings;
(b) 
Design, construction, and maintenance of water control measures and structures such as culverts, broad-based dips, filter strips, and water bars;
(c) 
Design, construction, and maintenance of stream and wetland crossings; and
(d) 
The general location of the proposed operation in relation to municipal and state highways, including any accesses to those highways.
(2) 
Map. Each timber harvesting plan shall include a sketch map or drawing containing the following information:
(a) 
Site location and boundaries, including both the boundaries of the property on which the timber harvest will take place and the boundaries of the proposed harvest area within that property;
(b) 
Significant topographic features related to potential environmental problems;
(c) 
Location of all earth disturbance activities such as roads, landings, and water control measures and structures;
(d) 
Location of all crossings of waters of the Commonwealth; and
(e) 
The general location of the proposed operation to municipal and state highways, including any accesses to those highways.
(3) 
Compliance With State Law. The timber harvesting plan shall address and comply with the requirements of all applicable state laws and regulations, including, but not limited to, the following:
(a) 
Erosion and sedimentation control regulations contained in 25 Pa. Code Chapter 102, promulgated pursuant to the Clean Streams Law (35 P.S. §§ 691.1 et seq.); and
(b) 
Stream crossing and wetlands protection regulations contained in 25 Pa. Code Chapter 105, promulgated pursuant to the Dam Safety and Encroachments Act (32 P.S. §§ 693.1 et seq.).
(4) 
Relationships of state laws, regulations, and permits to the timber harvesting plan. Any permits required by state laws and regulations shall be attached to and become part of the timber harvesting plan. An erosion and sedimentation pollution control plan that satisfies the requirements of 25 Pa. Code Chapter 102 shall also satisfy the requirements for the timber harvesting plan and associated map specified in Subsections 3.C.(3)(a) and (b) above, provided that all information required therein is included or attached.
4. 
Timber Harvesting Practices. The following requirements shall apply to all timber harvesting operations in Lower Mount Bethel Township.
A. 
Felling or skidding on or across any public thoroughfare is prohibited without the express written consent of the Township or the Pennsylvania Department of Transportation, whichever is responsible for maintenance of the thoroughfare.
B. 
No tops or slash shall be left within 25 feet of any public thoroughfare or private roadway providing access to adjoining residential property.
C. 
All tops and slash between 25 and 50 feet from a public roadway or private roadway providing access to adjoining residential property or within 50 feet of adjoining residential property shall be lopped to a maximum height of four feet above the surface of the ground.
D. 
No tops or slash shall be left on or across the boundary of any property adjoining the operation without the consent of the owner thereof.
E. 
Littering resulting from a timber harvesting operation shall be removed from the site before it is vacated by the operator.
5. 
Road Maintenance/Repair/Bonding. Pursuant to Title 75 Pennsylvania Consolidated Statutes, Chapter 49, and Title 67 Pennsylvania Code, Chapter 189, the landowner and the operator shall be responsible for repairing any damage to Township roads caused by traffic associated with the timber harvesting operation to the extent the damage is in excess of that caused by normal traffic and may be required to furnish a bond to guarantee the repair of such damages.
6. 
Enforcement.
A. 
The Township zoning officer shall be the enforcement officer for Subsections 1. through this Subsection 6.
B. 
Inspections. The Township zoning officer or authorized representative may go upon the site of any timber harvesting operation before, during, or after active logging to:
(1) 
Review the timber harvesting plan or any other required documents for compliance with Subsections 1. through this Subsection 6.; and
(2) 
Inspect the operation for compliance with the timber harvesting plan and other on-site requirements of these regulations.
C. 
Violation and penalty provisions set forth in Part 17 shall apply.