All uses and activities established after the effective date of this chapter shall 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. In the event that two or more resources overlap, the resource with the greatest protection standard (the least amount of alteration, regrading, clearing or building) shall apply to the area of overlap. The following natural resources shall be protected:
A. Floodplain. Areas identified as within the floodplain of the one-hundred-year recurrence interval flood shall not be altered, regraded, filled or built upon except in conformance with
§ 500-2603: Floodplain regulations, of this chapter. For areas designated as "approximate one-hundred-year floodplain" along streams and watercourses where the one-hundred-year floodplain (with a floodway and flood-fringe) has not been delineated, the requirements of floodplain soils shall be met. Minor road crossings may be permitted in the floodplain where design approval is obtained from the Township and the Pennsylvania Department of Environmental Protection and where no other reasonable access is available.
B. Floodplain soils. All such areas shall not be altered, regraded, filled or built upon except in conformance with
§ 500-2603: Floodplain regulations, of this chapter. Minor road crossings may be permitted in floodplain soils where design approval is obtained from the Township and the Pennsylvania 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.
(1) Studies prepared by a registered engineer or expert in the preparation of hydrological studies may be used to delineate the one-hundred-year floodplain with a floodway and flood-fringe in place of areas designated as "floodplain soils" and "approximate one-hundred-year floodplain." Such hydrological studies shall be subject to the review and approval of the Board of Supervisors on the recommendation of the Township Engineer.
C. Steep slopes. In areas of steep slopes, the following standards shall apply:
(1) Eight percent to 15%: No more than 50% of such areas shall be altered, regraded, cleared or built upon.
(2) Fifteen percent to 25%: No more than 30% of such areas shall be altered, regraded, cleared or built upon.
(3) Twenty-five percent or steeper: No more than 15% of such areas shall be altered, regraded, cleared or built upon.
(4) Areas of steep slope that are less than 3,000 square feet shall be exempted from these standards.
D. Woodlands. The following standards shall apply to woodlands:
(1) 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, steep slopes, wetlands, wetland margins and lake or pond shorelines.
(2) Other woodland areas. No more than 50% of woodlands which are not located in environmentally sensitive areas [as defined in
§ 500-2601D(1) above] shall be altered, regraded, cleared or built upon. However, where more than 20% of such woodlands are altered, regraded, cleared or built upon, the following requirements shall be met:
(a) The woodland area removed in excess of 20% shall be replaced at a rate of 100 trees per acre.
(b) Several species of trees shall be utilized and all trees shall be 2.5 inches in caliper minimum. The replanted trees shall be similar in species to the trees that were removed.
(c) Trees shall be planted in a random pattern forming continuous canopies; at least 1/2 of the required replacement trees shall be planted in one continuous canopy.
(d) Replanting shall be done in accordance with a plan prepared by a licensed landscape architect. The replanting plan shall be approved by the Middletown Township Planning Commission and the Board of Supervisors.
(e) Replanting shall occur on site. However, the Board of Supervisors may permit trees to be replanted off site on another property within Middletown Township where on-site replanting is deemed impractical.
(f) All tree replanting areas shall be deed-restricted from future tree removal.
(g) Buffer plantings and landscaping required by this chapter or
Chapter 440: Subdivision and Land Development shall not be counted towards meeting this replanting requirement; however, replacement trees may be planted in buffer yards to supplement the required buffer plantings.
E. Tree protection zone. Such areas shall not be altered, regraded, compacted or built upon, nor used for storage or parking of vehicles.
F. Watercourses. Such areas shall not be altered, regraded, filled, piped, diverted or built upon except where design approval is obtained from the Township and, if required, the Pennsylvania Department of Environmental Protection.
G. Wetlands. Such areas shall not be altered, regraded, filled, piped, diverted or built upon except where state and federal permits have been obtained.
(1) Delineation.
(a) Wetlands boundaries shall be delineated through an on-site assessment, which shall be conducted by a professional soil scientist or others of demonstrated qualifications. Such a person shall certify that the methods used correctly reflect currently accepted technical concepts, including the presence of wetlands vegetation, hydric soils and/or hydrologic indicators. A study shall be submitted with sufficient detail to allow a thorough review by the Township. The study must be approved by the Board of Supervisors on the recommendation of the Township Engineer.
(b) In the event that a wetlands delineation validated by the United States Army Corps of Engineers is shown to vary from the wetlands boundary derived from
§ 500-2601G(1)(a) above, the Corps' delineation will govern.
(2) Federal and state regulations. In addition to the requirements above, any applicant proposing a use, activity or improvement which would entail the regrading or placement of fill in wetlands shall provide the Township with proof that the Pennsylvania Department of Environmental Protection (Bureau of Dams and Waterway Safety and Bureau of Water Quality Management) and the United States Army Corps of Engineers have been contacted to determine the applicability of state and federal wetland regulations.
H. Wetlands margin. No more than 20% of such areas shall be altered, regraded, filled or built upon. In addition, any Department of Environmental Protection' regulations under Chapter 105, concerning activities in wetlands margins, shall be met.
(1) For the purposes of this chapter, the wetlands margin shall extend 100 feet from the wetland boundary or to the limit of the hydric soils, whichever is less. The limit of hydric soils shall be as mapped in the Soil Survey of Bucks and Philadelphia Counties, Pennsylvania, United States Department of Agriculture, Natural Resources Conservation Service, July 1975, unless reclassified by a certified soil scientist.
I. Lakes and ponds. Such areas shall not be altered, regraded, filled, piped, diverted or built upon.
J. Lake and pond shorelines. For the purposes of this chapter, lake and pond shorelines shall be measured 100 feet from the spillway crest elevation. No more than 20% of such areas shall be altered, regraded, filled or built upon.