A. All earthmoving activities shall be conducted in such a way as to prevent accelerated erosion and the resulting sedimentation.
B. No changes shall be made in the contour of the land; no grading, excavating, removal or destruction of the topsoil, trees or other vegetative cover of the land shall be commenced until a plan setting forth erosion and sedimentation control measures for the site has been developed.
C. The soil erosion and sedimentation control plan and measures used to control erosion and sedimentation shall meet the standards and specifications set forth in the Pennsylvania Department of Environmental Resources Soil Erosion and Sedimentation Control Manual and Chapter 102 of the Rules and Regulations of the Pennsylvania Department of Environmental Resources.
D. All erosion and sedimentation control plans shall be submitted with the final plan as set forth in § 22-301(6)(D) of this Chapter.
E. Where the earthmoving activity affects 25 acres or more, the soil erosion and sedimentation control plan must be submitted to the County Conservation District, together with an application permit for an earthmoving permit for review. An earthmoving permit must be granted by DER.
F. Where the earthmoving activity affects less than 25 acres, the Township requires submission of the erosion and sedimentation control plan to the County Conservation District and to the Township Engineer for review and recommendations.
2. Natural Feature Preservation.
A. The design and development of all subdivisions and land developments shall preserve, whenever possible, natural features which will aid in providing adequate open space for recreation and conditions generally favorable to the health, safety, and welfare of the residents. Some of these natural features are the natural terrain of the site, woodland areas, large trees, natural watercourses and bodies of water, wetlands, rock outcropping, and scenic views. More detailed standards concerning the preservation of specific natural features are set forth in the following sections.
B. Flood Plain Regulation.
(1) A map illustrating flood elevations for the tract for a 100-year flood, where applicable, shall be submitted as part of the predevelopment review materials as set forth in § 22-300. The flood elevation map shall be based on the Township flood insurance rate map (FIRM). When not available, the map shall be based on estimated 100-year flood elevations or estimated areas subject to flooding based on best available data. All alluvial soil areas as shown in the Soil Survey for Lehigh County which are located within the Township shall be considered as floodplain area.
(2) A developer shall adhere to the following standards within areas designed as regulatory floodways and flood fringe areas on the flood elevation map.
(a) No buildings are to be constructed in regulatory floodways. Other encroachments may be permitted provided that the encroachment will not cause any increase in the 100-year flood elevation at any point. Consideration of the effects of a proposed use shall be based on a reasonable assumption that there will be an equal degree of encroachment extending for a significant reach on both sides of the stream.
(b) Structures may be permitted in flood fringe areas provided that the lowest floor including basement is elevated at least one foot above the 100-year flood elevation and that the proposed improvements will not increase the water surface elevation of the 100-year flood by more than one foot at any point. The lowest floor of non-residential structures may be constructed below the 100-year flood elevation provided that below this elevation the structure is watertight with walls substantially impermeable to the passage of water and is designed with structural components having the capability of resisting forces caused by floodwaters.
C. Lake, Stream, and River Frontage Preservation.
(1) Lake, stream, and river frontage shall be preserved as open space whenever possible. This area may be credited toward the open space requirement set forth in § 22-409(3).
(2) Access to the water and maintenance easement area shall be provided at intervals of not more than 1/2 mile. These access points shall not be less than 100 feet in width.
D. Tree Preservation and Planting.
(1) Trees 6 inches or more in diameter (measured at a height 4 1/2 feet above grade) shall not be removed unless they are located within the proposed cartway or sidewalk portion of a street right-of-way, or within 15 feet of the foundation area of a new building. Areas in which trees are retained shall remain at original grade level and undisturbed wherever possible.
(2) Where no existing trees are retained along street rights-of-way, trees shall be planted at intervals of between 50 and 100 feet but in no instance shall there be less than one tree per lot.
Trees shall not be retained or planted within 3 feet of the street curb or the sidewalk. Trees may be retained or planted between the street curb and the sidewalk if there is a minimum distance of 6 feet.
(3) A landscape plan shall be drawn for all commercial, industrial, planned residential, mobile home park, and multi-family developments. The plan shall show existing and proposed vegetative cover.
(4) The Landscape Plan shall include trees in addition to those required along the street rights-of-way. The following standards are to be used as a guide to the number, not the spacing or location, of additional trees required.
(a) One tree per dwelling unit;
(b) One tree per 50 linear feet of newly constructed street.
E. Topography.
(1) The natural terrain of the proposed subdivision tract will be retained wherever possible with cut and fill operations being kept to a minimum. Areas with slopes greater than 15% shall generally not be planned for development. If such land is planned for development, the natural slope of the building site or sites shall be 15% or less.
F. Topsoil Protection. Topsoil shall not be removed from the development site or used as fill. Topsoil shall be removed from the areas of construction and stored separately. The topsoil shall be stabilized to minimize erosion during storage. Upon completion of the construction, topsoil must be uniformly redistributed on the site.
3. Open Space and Recreation Areas. The open space and recreation needs of subdivisions and land developments shall be met as follows:
A. Open Space.
(1) Utility and storm water management easements, buffer zones, areas within the 500 year floodplain and areas which are otherwise unsuitable for development may be designated as open space. Some of this land may be dedicated to the Township subject to the approval of the Township Council. If floodplain is dedicated for open space uses, a credit of 1 square foot per each 2 square feet of floodplain area dedicated shall be applied to the recreation area dedication requirements of § 22-409(3)(B). The credit may also be applied to the cash in lieu of recreation land dedication as per § 22-409(3)(B)(3) at the above-cited ratio. In no case shall the floodplain open space dedication satisfy more than 1/2 of the recreation area dedication criteria. In no case shall the minimum area dedicated for recreation land be less than 2 acres, exclusive of the floodplain open space land. The Township Council shall consider the open space dedication offer relative to the following factors:
(a) Relationship to the open space element of the Comprehensive Plan;
(b) Accessibility;
(c) Present use;
(d) Potential for connection to or integration with recreation and other open space areas.
(2) Access to open space dedicated to the Township pursuant to § 22-409(3)(A)(1) shall be provided as follows:
(a) A right-of-way directly connecting the open space with a public street shall be provided at intervals not to exceed 1 every 1/2 mile. A least one access right-of-way shall be provided for each distinct open space area.
(b) The right-of-way shall have a minimum width of 50 feet. The area of the right-of-way shall be part of the dedicated open space.
[Ord. 270]
B. Recreation Areas.
(1) Areas meeting the criteria for recreation lands as set forth in the definitions shall be offered for dedication to the Township, subject to the approval of the Township Council. A minimum of 1,000 square feet per lot or dwelling unit shall be offered. The Township Council shall consider the offer relative to the following factors:
(a) The suitability of the size, shape and landform of the tract for appropriate recreational facilities. No recreation area shall measure less than 2 acres in size.
(b) Accessibility.
(c) Conformity with the parks and recreation element of the Comprehensive Plan.
(d) Ability of nearby recreation facilities to serve the subdivision.
(2) Access to recreation areas dedicated to the Township pursuant to § 22-409(3)(B)(1) shall be as follows:
(a) At least one side of the recreation area shall front on a public street. Frontage on two or more public streets is preferred.
(b) Additional access may be provided by rights-of-way connecting the recreation area with public streets.
(c) Rights-of-way providing access to a recreation area shall have a minimum width of 50 feet.
(3) Cash in lieu of recreation land dedication may be offered, subject to the approval of the Township Council, as follows:
(a) The cash in lieu shall be $1,200 per lot or dwelling unit (the estimated value of 1,000 square feet of recreation land), or such other amount that the Township Council may adopt by ordinance as shall be in effect at the time of payment.
(b) The use of the monies shall be restricted to the purchase of lands for recreation or open space accessible to the subdivision or land development, the improvement of said areas, or other related capital expenditures.
(c) The monies shall be deposited in a separate trust account set up for this purpose by the Township Council.
(d) Cash in lieu of recreation land dedication shall be deemed as an improvement subject to the provisions of this Part and following of the Pennsylvania Municipalities Planning Code.
(e) For each residential subdivision, there shall be a one lot exemption for the cash in lieu of recreation land requirement.
D. Where cash in lieu of open space dedication is required the amount of such fee shall be based upon the fair market value of the amount of land which would otherwise be required to be dedicated in accordance with the standards set forth in § 22-409(3)(A).
E. Fair market value shall be determined at the time the Final Subdivision or Land Development Plan is submitted to the municipality and in accordance with the following:
(1) The fair market value shall be determined by the Township Council as based upon current appraisals; or
(2) If the developer objects to such amount of evaluation he may, at his expense, obtain an appraisal of the property by a qualified real estate appraiser approved by the Township Council, which appraisal may be accepted by the Township Council if found reasonable; or
(3) The Township Council and the developer may agree as to the fair market value.
(Ord. 52, Art. 5-490, 3/8/78; as amended by Ord. 270, 10/16/1991, § 4)