Moore Township City Zoning Code
ARTICLE VI
Environmental Protection
§ 300-35 Environmental protection standards.
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.
§ 300-36 Filling, excavation and grading.
All activities shall comply with the rules and regulations established by the Northampton County Conservation District.
§ 300-37 Alluvial soil protection.
[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.
§ 300-38 Outdoor storage control.
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.
§ 300-39 Areas with high-water table.
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.
§ 300-40 On-lot community sanitary sewage system or sanitary sewage treatment facility.
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.
§ 300-41 Centralized water supply system bonding.
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.
§ 300-42 On-lot sanitary sewage disposal.
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.