[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Editor's Note: This ordinance repealed former Art.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:
[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:
(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.
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 plan and/or
a zoning/grading permit:
(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.
A.
The following site capacity calculations shall be provided on the
record plan for all subdivision and land development applications.
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.
[Amended 1-20-2020 by Ord. No. 409]
|
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 open space 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.
[Amended 1-20-2020 by Ord. No. 409]
|
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
|
