Lower Frederick Township
City Zoning Code

Center lines of streets, lanes, utility company rights-of-way, and railroad rights-of-way.

Property lines.

Township boundary lines.

Lines which appear to follow center lines, property lines, or Township boundary lines shall be construed to follow those lines.

For questions concerning which particular property line a district boundary line follows, the Zoning Officer shall confer with the Township Planning Commission for a determination.

The applicant shall determine the developable area of the tract by determining the number of acres containing each natural feature, then applying the EAFs to the acreage affected by these environmental constraints, using the worksheet herein.

Existing features.

Worksheet:

R-1 and R-2 district maximum tract density is calculated by the following formula:

R-3 and R-4 district maximum tract density is calculated by the following formula:[1]

Rounding. All maximum tract density values shall be rounded down to the closest whole number (for example, 5.99 is rounded down to five).

Limitations. Maximum tract density is a calculated maximum number that is not guaranteed to be feasible on a given site. The tract configuration and other factors may make the maximum tract density unattainable.

The applicant shall determine the buildable area of each proposed building lot by determining the area of each lot containing each natural feature, then applying the EAFs to the areas affected by these environmental constraints, using the worksheet herein.

Existing features.

Worksheet:

Lot size. The lot size of each proposed lot must equal or exceed the minimum lot size specified in the applicable zoning district standards.

Total buildable area. The total buildable area of each proposed lot must equal or exceed the minimum buildable area for each building lot specified in the applicable zoning district standards.

In the R-3 and R-4 districts, the minimum buildable areas for the various dwelling types shall be equal to the minimum lot area required for each dwelling type.[2]

To facilitate evaluation of compliance with these standards, the applicant's plan shall include a table listing the following:

The applicant shall provide one copy of all the worksheets required for Subsections A and C for review by the Township Engineer, one copy for the Township's files, and copies for other Township advisors, when requested.

The presence, location, sizes, and boundaries of any natural feature(s) shall be determined by the applicant through on-site survey, reference to the natural features maps contained in the Township's currently adopted Open Space Preservation Plan and/or other similar Township planning document, and/or other resources acceptable to the Township Engineer.

The Township Engineer shall review the applicant's information and determine the adequacy of the applicant's plan with respect to the presence, location, and boundaries of all natural features located on the site(s).

If a dispute arises concerning the Township Engineer's determination, the applicant shall have the burden of proving that a different finding is warranted. The applicant shall submit to the Township Engineer all technical information and documentation supporting a different finding, including any information or findings from qualified agencies such as the Soil Conservation Service. Upon review, the Township Engineer shall make a final determination.

If the Township Engineer's final determination is disputed, the applicant may appeal to the Township Zoning Hearing Board under Article XIX of this chapter.

Heritage trees shall be preserved and protected to the greatest extent feasible, as determined by the Township Engineer.

Where any land disturbance is proposed as part of any subdivision or land development application, removal of heritage trees shall not be permitted except where the landowner/developer demonstrates to the satisfaction of the Township that such removal is essential to eliminate hazardous condition(s). In consideration of any need for tree removal, the Township may engage the services of an arborist, reasonable costs therefore to be borne by the landowner/developer.

Where any applicant for building, zoning, subdivision, or land development approval establishes conservation restrictions acceptable to the Township which shall result in the conservation of heritage trees, all such heritage trees to be retained shall be credited toward any tree replacement required under this chapter, at the ratio of seven trees credited for each heritage tree retained.

The applicant shall demarcate and protect any heritage tree being retained on a site or lot being developed, constructed upon, or graded by the placement of four-foot high safety fencing along the tree protection zone for these retained heritage trees. No construction activities, grading or other soil disturbance, dumping or storage of materials/soil/rock, driving or parking of vehicles, nor any other activity that could harm this natural resource shall occur within this tree protection zone. Said fencing shall be erected prior to any work on the site or lot commencing and shall be maintained until the work is fully completed and all equipment and materials have been removed. The safety fence shall be erected pursuant the manufacturer's recommendations, so long as a fence post is placed at every corner/change of direction and no fence post is more the 10 away from another post.

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 35 feet measured horizontally on a line perpendicular to the edge of water at bankfull flow or level. Only the following activities are permitted in Zone 1:

Zone 2. This buffer zone will begin at the outer edge of Zone 1 and occupy a minimum width of 40 feet in addition to Zone 1. However, where the width of the 100-year floodplain extends greater than 75 feet from the waterway, Zone 1 shall remain a minimum of 35 feet and Zone 2 shall extend from the outer edge of Zone 1 to the outer edge of the 100-year floodplain. Only the following activities/uses are permitted in Zone 2:

Prohibited uses. Any use or activity not authorized in Subsection D1 or 2 above shall be prohibited within the riparian buffer. The following activities and facilities are specifically prohibited:

Exceptions.

Revegetation of riparian buffer. In cases where a subdivision or land development is proposed (except for those which qualify as minor plans), replanting of the riparian buffer shall be required where there is little or no existing streamside native vegetation. Native vegetation approved by the Township must be used in replanting efforts. Three layers of vegetation are required when replanting the riparian buffer. 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, such as a landscape architect or engineer, and shall comply with the following minimum requirements, unless modified by the Board of Supervisors:

Crossing standards.

Riparian buffer management plan.

The landowner/developer shall demarcate any riparian buffer on a site or lot being developed, constructed upon, or graded by the placement of four-foot high safety fencing around the entire perimeter of the buffer, except where the buffer is being crossed or encroached upon in accordance with the requirement of this chapter or where the buffer is more than 100 feet away from any area of disturbance. No construction activities, grading or other soil disturbance, dumping or storage of materials/soil/rock, driving or parking of vehicles, nor any other activity that could harm this natural resource shall occur within this protection zone, except activities undertaken in accordance with the approved Riparian Buffer Management Plan. Said fencing shall be erected prior to any work on the site or lot commencing and shall be maintained until the work is fully completed and all equipment and materials have been removed. The safety fence shall be erected pursuant the manufacturer's recommendations, so long as a fence post is placed at every corner/change of direction and no fence post is more the 10 away from another post.

Hydric soils. No land disturbance shall be permitted within any hydric soils, except in compliance with the following:

Sub-surface soil. The permanent removal of sub-surface soils, whether soil, clay, or mineral in nature, for other than the on-site construction or grading purposes shall be prohibited, except in permitted extraction operations.

Topsoil. The permanent removal of topsoil from any parcel of land shall comply with the following:

The entire extent of wetland areas shall not be altered, regraded, filled, piped, diverted, or built upon.

Wetlands shall be defined in accordance with the standards specified in the definition of wetlands. Wetland boundaries shall be delineated through an on-site assessment conducted by a professional soil scientist. Such person shall certify that the methods used correctly reflect currently accepted technical concepts, including the presence of wetlands vegetation, floodplain soils and/or hydrologic indicators. In the event the standard for determination of a wetland accepted by the U.S. Army Corps of Engineers conflicts with that accepted by the Pennsylvania Department of Environmental Protection, or the Environmental Protection Agency, the more restrictive standard shall be used in delineating wetland areas.

If, after examination of the site by a wetlands specialist, wetlands are found to exist, a wetlands delineation study shall be prepared by a wetlands specialist, and copies of this study (including reports, maps, and field logs) shall be submitted by the landowner/developer to the U.S. Army Corps of Engineers for certification and to the Township for review. The study shall be submitted with sufficient detail to allow a thorough review by the Township Engineer prior to approval by the Board of Supervisors. The Township shall have the right to inspect the site as part of its review of the study, and the Township reserves the right to verify the presence and/or extent of wetlands through the retention of its own professional soil scientist. If, after examination of the site, it is determined that wetlands are not located on the site, all subdivision, and land development plans, submitted to the Township must contain the following note, signed and sealed by a wetlands specialist: "I hereby certify that no wetlands exist on this site."

Wetland delineations shall be performed by wetlands specialists to include those persons being certified professional soil scientists as registered with the Soil Science Society of America Certification Board (SSSA); or as contained on consultant's list of Pennsylvania Association of Professional Soil Scientists (PAPSS); or as certified by state and/or federal certification programs; or by a qualified biologist/ecologist.

The landowner/developer shall demarcate any wetlands on a site or lot being developed, constructed upon, or graded by the placement of four-foot high safety fencing around the perimeter of the wetlands, except where the wetlands are being crossed in accordance with the requirement of this chapter or where the wetlands are more than 100 feet away from any area of disturbance. No construction activities, grading or other soil disturbance, dumping or storage of materials/soil/rock, driving or parking of vehicles, nor any other activity that could harm this natural resource shall occur within this protection zone. Said fencing shall be erected prior to any work on the site or lot commencing and shall be maintained until the work is fully completed and all equipment and materials have been removed. The safety fence shall be erected pursuant the manufacturer's recommendations, so long as a fence post is placed at every corner/change of direction and no fence post is more the 10 away from another post.

Where the landowner/developer demonstrates to the Township's satisfaction that there is no reasonable alternative, minor road crossings, utility line crossings, streambank/shoreline rehabilitation, and endwalls may be permitted within wetlands, so long as: state and federal permits have been obtained for such work; any disturbance is offset by mitigation and remediation improvements as approved by the Township; such activity is approved by conditional use; and the crossing meets the following standards:

Any activity or use that creates or permits the concentrated flow of surface water within or into a wetland is strictly prohibited. Runoff, stormwater, or other types of wastewater to be buffered or filtered by the wetlands shall be limited to sheet flow or subsurface flow only. Concentrated flows must be converted to sheet flow or subsurface flows prior to entering the wetlands and/or other measures necessary to mitigate the potential for erosion and or pollution by such flows must be undertaken, as solely determined by the Township Engineer.

When done in compliance with all state and federal laws and regulations, the removal and replacement of invasive plans with appropriate native vegetation is permitted in wetlands; provided that any such activities are only performed by hand or with the aid of handheld tools or power equipment.

In order to minimize the adverse impacts of human activity; to prevent groundwater contamination; to reduce surface run-off and sedimentation; to protect the hydrology of the wetland; and to protect wildlife habitats, a wetlands margin shall be established. For the purpose of this section, the wetlands margin shall extend 50 feet from the wetland boundary.

Except for the following activities, the entire extent of a wetlands margin shall not be altered, regraded, filled, or built upon:

In all cases, any Pennsylvania Department of Environmental Protection regulations under Title 25 of the Pennsylvania Code concerning activities in wetlands margins shall be met.

The following activities are specifically prohibited in wetland margins:

The landowner/developer shall demarcate any wetlands margins on a site or lot being developed, constructed upon, or graded by the placement of four-foot high safety fencing around the entire perimeter of the margin, except where such margin is being crossed or encroached upon in accordance with this chapter. No construction activities, grading or other soil disturbance, dumping or storage of materials/soil/rock, driving or parking of vehicles, nor any other activity that could harm this natural resource shall occur within this protection zone. Said fencing shall be erected prior to any work on the site or lot commencing and shall be maintained until the work is fully completed and all equipment and materials have been removed. The safety fence shall be erected pursuant the manufacturer's recommendations, so long as a fence post is placed at every corner/change of direction and no fence post is more the 10 away from another post.

Woodlands in environmentally sensitive areas. No more than 20% of woodlands located in environmentally sensitive areas shall be altered, regraded, cleared, or built upon. Environmentally sensitive areas shall include floodplains, floodplain soils, hydric soils, riparian buffers, steep slopes, wetlands, and wetland margins.

Other woodland areas. Woodlands which are not located in environmentally sensitive areas [as defined in Subsection I(1) above] shall be protected in accordance with the following chart and shall not be altered, regraded, cleared, or built upon, unless the following requirements are met:

The extent of any area of woodland disturbance shall be measured to include the entire area within the CRZ of any tree, where any part of the area within the CRZ of said tree is subject to woodland disturbance.

Except where a timber harvesting operation has been approved by the Township, clear-cutting of any woodland area shall be prohibited except to the minimum extent necessary to permit the implementation of an approved land development or building permit in conformance with this section.

Nothing in this subsection shall prevent or prohibit landowners from removing dead or terminally diseased trees or any tree that poses an immediate threat to people or property.

The landowner/developer shall demarcate and protect the remaining trees on a site or lot being developed, constructed upon, or graded by the placement of four-foot high safety fencing along the tree protection zone for these remaining trees. No construction activities, grading or other soil disturbance, dumping or storage of materials/soil/rock, driving or parking of vehicles, nor any other activity that could harm this natural resource shall occur within this tree protection zone. Said fencing shall be erected prior to any work on the site or lot commencing and shall be maintained until the work is fully completed and all equipment and materials have been removed. The safety fence shall be erected pursuant the manufacturer's recommendations, so long as a fence post is placed at every corner/change of direction and no fence post is more the 10 away from another post.

Any plan being submitted to the Township in conjunction with an application for a permit or other approval requiring compliance with this section shall show all the natural resources on the site or lot and demarcate all of the resources being protected in compliance with this section, including the boundary of any protection zone and the method by which protection will occur.

Once an amount of allowed disturbance for a natural resource is determined for a specific site or lot, that determination shall run with the land and shall be applicable to and limit any future disturbance of that resource on that site or lot or upon lots created out of that site or lot. The amount of allowed disturbance is specific to the land itself and not to the landowner or developer of that land. Likewise, the protections of areas of sites and lots demarcated as protected shall also run with the land and be applicable to all future landowners of and activities upon such areas.

Any property, lot, or parcel undergoing subdivision, development, grading, or other activity requiring the demarcation and protection of any natural resource shall have a covenant, easement, and/or restriction recorded with the Montgomery County Recorder of Deeds requiring that the protected natural resource area(s) depicted on the approved plot, site, subdivision, and/or land development plan be protected and preserved in accordance with this section. The language of such covenant, easement, or restriction shall be to the satisfaction of the Township Solicitor.

An applicant, landowner, or developer shall determine the presence on a site or lot of the natural resources listed in this section and shall meet the standards for environmental protection listed in this section prior to and in conjunction with applying for any permit, or approval. In the event that two or more resources overlap, the resource with the greatest protection shall apply to the area of overlap.

To recognize that many undeveloped parcels in the Township contain significant amounts of environmentally sensitive resources including floodplains, slopes, wetlands, streams, and woodlands.

To recognize 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.

To reduce the amount of nutrients, sediment, organic matter, pesticides, and other harmful substances that reach watercourses, wetlands, subsurface, and surface water bodies.

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.

To require protection of environmentally sensitive features to the greatest extent possible by minimizing disturbance of these areas.

To conserve natural features important to protect natural resources; recognizing that headwater areas are highly sensitive to disturbance from the impact of human activity.