[Amended 10-5-2006 by Ord. No. 03-2006]
A.
The standards
and requirements in this article are intended to afford appropriate
levels of protection to those natural features within East Brandywine
Township that represent significant resource opportunities to the
Township and its surrounding region or which, when subject to undue
disturbance, may constitute threats to public health, safety, and
welfare. The Township considers adherence to these standards a basic
prerequisite to any land development or disturbance otherwise authorized
under this Zoning chapter or other regulations, and has designed the
balance of the Zoning Ordinance to work in harmony with the terms
of this article.
B.
Uniform
construction code coordination. The Standards and Specifications contained
34 Pa. Code (Chapters 401-405), as amended and not limited to the
following provisions, shall apply to the above and other sections
and subsections of this chapter, to the extent that they are more
restrictive and/or supplement the requirements of this chapter.
(1)
International
Building Code (IBC) 2003 or the latest edition thereof: Sections 801,
1202, 1403, 1603, 1605, 1612, 3402, and Appendix G.
(2)
International
Residential Building Code (IRC) 2003 or the latest edition thereof:
Sections R104, R105, R109, R323, Appendix AE101, Appendix E and Appendix
J.
[Amended 4-4-1994; 11-6-1996; 11-15-2000; 8-20-2003 by Ord. No.
03-04; 12-30-2004 by Ord. No. 04-16; 10-5-2006 by Ord. No. 03-2006; 8-16-2017 by Ord. No. 02-2017]
A.
Purpose. The Flood Hazard District has been designed to minimize
the threat to public health, safety and welfare of flood hazard areas
in the Township associated with periodic inundation which results
in loss of property, loss of life, damage to structures, injury to
people, disruption of activities and services, public expenditures
for flood protection and relief, and impairment of the tax base. It
is the purpose of this section to:
(1)
Minimize danger to public health by protecting water supplies and
natural drainage patterns in the Township.
(2)
Minimize danger to public safety by regulating or preventing the
erection of buildings and other structures on lands unsuitable for
development by reason of periodic flooding.
(3)
Minimize the financial burden imposed on the Township, its governing
body and its residents by preventing activities from locating in areas
subject to flooding.
(4)
Prevent added downstream damage from increased volume and rate of
flow associated with flooding, and to permit uses of the floodplain
compatible with the preservation of natural resources and the maintenance
of unimpeded stream flow throughout the year.
(5)
Comply with federal and state floodplain management requirements
and fulfill the Township's responsibility to adopt floodplain management
regulations to promote public health, safety, and the general welfare
of its citizenry, as authorized by and consistent with the terms of
the Pennsylvania Flood Plain Management Act of 1978.[1]
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
B.
Applicability.
(1)
These provisions shall apply to all lands within the jurisdiction
of East Brandywine Township shown as being located within the boundaries
of any identified floodplain area that are considered as a part of
the official Zoning Map.
(2)
All uses, activities and development occurring within the Flood Hazard
District shall be undertaken only in strict compliance with the provisions
of this section and with all other applicable codes and ordinances,
such as the East Brandywine Township Subdivision and Land Development
Ordinance.[2]
C.
Delineation of Flood Hazard District.
(1)
The Flood Hazard District is defined and established to be those areas of the Township that are subject to inundation by a one-percent annual chance flood and that are included in the identified floodplain area as established in § 399-13M.
(2)
For the purposes of this section, the identified floodplain area
shall be used as the basis for regulation. When available, information
from federal, state, and other acceptable sources shall be used to
determine the base flood elevation, as well as a floodway area, if
possible. When no other information is available, the base flood elevation
shall be determined by using a point on the boundary of the identified
floodplain area that is nearest the site of the proposed activity
in question.
(a)
In lieu of the above, the Township may require the applicant
to determine the elevation with hydrologic and hydraulic engineering
techniques. Hydrologic and hydraulic analyses shall be undertaken
only by professional engineers or others of demonstrated qualification
who shall certify that the technical methods used correctly reflect
currently accepted technical concepts. Studies, analyses, computations,
etc., shall be submitted in sufficient detail to allow a thorough
technical review by the Township.
D.
Changes in Flood Hazard District boundaries. The delineation of any
identified floodplain area may be revised by the Board of Supervisors
where natural or man-made changes have occurred and more detailed
studies conducted or undertaken by the U.S. Army Corps of Engineers,
River Basin Commission, or other qualified agency or person have documented
such changes. Prior to any such change, approval must be obtained
from the Federal Emergency Management Agency (FEMA). Additionally,
as soon as practicable, but not later than six months after the date
such information becomes available, the Township shall notify FEMA
of the changes to the Flood Hazard District by submitting technical
or scientific data.
E.
District overlay.
(1)
The Flood Hazard District, based on the delineations cited in § 399-13C, shall be deemed an overlay on the existing applicable zoning districts as delineated on the East Brandywine Township Zoning Map, and as such, the provisions for the Flood Hazard District shall serve as a supplement to the underlying district provisions. Should the Flood Hazard District be determined as inapplicable to any tract by reason of amendment by the Board of Supervisors, interpretation of the Zoning Hearing Board, or the decision of a court of competent jurisdiction, the underlying zoning provisions shall be deemed applicable.
(2)
Where a conflict arises between the provisions or requirements of
the Flood Hazard District and those of any underlying district, the
more restrictive provision shall apply.
F.
Rules of interpretation of district boundaries.
(1)
Initial interpretations of the boundaries of a Flood Hazard District
shall be made by the Floodplain Administrator. Where interpretation
is needed as to the exact location of such boundaries, as in the case
of a conflict between mapped boundaries and actual field conditions,
such interpretation shall be made by written report of the Township
Engineer submitted to the Board of Supervisors.
(2)
Any party aggrieved by any determination by the Township Engineer may appeal their case before the Township Zoning Hearing Board. Parties contesting the location of a Flood Hazard District boundary shall be given a reasonable opportunity to present their case to the Board and to submit their own technical evidence in accordance with § 399-13C(2)(a). The burden of proof shall be on the party filing for the hearing.
G.
Boundary disputes. Should a dispute concerning any identified floodplain
boundary arise, an initial determination shall be made by the Township
Engineer, and any party aggrieved by this decision or determination
may appeal to the Zoning Hearing Board. The burden of proof shall
be on the appellant.
H.
Jurisdictional boundary changes. Prior to development occurring in
areas where annexation or other corporate boundary changes are proposed
or have occurred, the Township shall review flood hazard data affecting
the lands subject to boundary changes. The Township shall adopt and
enforce floodplain regulations in areas subject to annexation or corporate
boundary changes which meet or exceed those in 44 CFR 60.3.
I.
Compliance. All structures, tracts of land and water shall hereafter be used or developed in full compliance with the provisions of this section and any other ordinances and regulations which apply to uses within the jurisdiction of this section. Any land-altering activity shall not commence without first obtaining a use and occupancy permit as defined in § 399-13L(2).
J.
Abrogation and greater restrictions. This section supersedes any
other conflicting provisions which may be in effect in identified
floodplain areas. However, any other ordinance provisions shall remain
in full force and effect to the extent that those provisions are more
restrictive. If there is any conflict between any provisions of this
section, the more restrictive shall apply. This section shall not
repeal, abrogate, or impair any existing easements, covenants, or
deed restrictions.
K.
Warning and disclaimer of liability.
(1)
The degree of flood protection sought by the provisions of this section
is considered reasonable for regulatory purposes and is based on acceptable
engineering methods of study. Larger floods may occur on rare occasions.
Flood heights may be increased by man-made or natural causes, such
as ice jams and bridge openings restricted by debris. This section
does not imply that areas outside any identified floodplain area,
or that land uses permitted within such areas, will be free from flooding
or flood damage.
(2)
This section shall not create liability on the part of East Brandywine
Township, or any officer or employee thereof, for any flood damages
that result from reliance on this section or any administrative decision
lawfully made thereunder.
L.
Administration.
(1)
Designation of the Floodplain Administrator. The Zoning Officer is
hereby appointed to administer and enforce this section and is referred
to herein as the "Floodplain Administrator." The Floodplain Administrator
may:
(a)
Fulfill the duties and responsibilities set forth in these regulations;
(b)
Delegate duties and responsibilities set forth in these regulations
to qualified technical personnel, plan examiners, inspectors, and
other employees; or
(c)
Enter into a written agreement or written contract with another
agency or private sector entity to administer specific provisions
of these regulations. Administration of any part of these regulations
by another entity shall not relieve the Township of its responsibilities
pursuant to the participation requirements of the National Flood Insurance
Program as set forth in the Code of Federal Regulations at 44 CFR
59.22.
(2)
Permit required. A use and occupancy permit shall be required before
any construction or development is undertaken within any identified
floodplain area of East Brandywine Township.
(3)
Duties and responsibilities of the Floodplain Administrator.
(a)
The Floodplain Administrator shall issue a permit only after
it has been determined that the proposed work to be undertaken will
be in conformance with the requirements of this and all other applicable
codes and ordinances.
(b)
Prior to the issuance of any permit, the Floodplain Administrator
shall review the application for the permit to determine if all other
necessary government permits required by state and federal laws have
been obtained, such as those required by the Pennsylvania Sewage Facilities
Act (Act 1966-537, as amended);[3] the Pennsylvania Dam Safety and Encroachments Act (Act
1978-325, as amended);[4] the Pennsylvania Clean Streams Act (Act 1937-394, as amended);[5] and the U.S. Clean Water Act, Section 404, 33 U.S.C. § 1344.
No permit shall be issued until this determination has been made.
(c)
In the case of existing structures, prior to the issuance of
any permit, the Floodplain Administrator shall review the proposed
cost of improvements or repairs and the preimprovement market value
of the structure, so that a substantial improvement/substantial damage
determination can be made, in accordance with FEMA's Substantial Improvement/Substantial
Damage Desk Reference.
(d)
During the construction period, the Floodplain Administrator
or other authorized official shall inspect the premises to determine
that the work is progressing in compliance with the information provided
on the permit application and with all applicable municipal laws and
ordinances. He/she shall make as many inspections during and upon
completion of the work as are necessary.
(e)
In the discharge of his/her duties, the Floodplain Administrator
shall have the authority to enter any building, structure, premises
or development in the identified floodplain area, upon presentation
of proper credentials, at any reasonable hour to enforce the provisions
of this section.
(f)
In the event the Floodplain Administrator discovers that the
work does not comply with the permit application or any applicable
laws and ordinances, or that there has been a false statement or misrepresentation
by any applicant, the Floodplain Administrator shall revoke the permit
and report such fact to the Board of Supervisors for whatever action
it considers necessary.
(g)
The Floodplain Administrator shall maintain in perpetuity, or
for the lifetime of the structure, all records associated with the
requirements of this section, including, but not limited to, finished
construction elevation data, permitting, inspection and enforcement.
(h)
The Floodplain Administrator is the official responsible for
submitting a biennial report to FEMA concerning Township participation
in the National Flood Insurance Program as requested.
(i)
The responsibility, authority and means to implement the commitments
of the Floodplain Administrator can be delegated from the person identified.
However, the ultimate responsibility lies with the person identified
in the Floodplain Ordinance as the Floodplain Administrator/Manager.
(j)
The Floodplain Administrator shall consider the requirements
of the 34 Pa. Code and the 2009 IBC and the 2009 IRC, or the latest
revision thereof as adopted by the Commonwealth of Pennsylvania.
(4)
Application procedures and requirements. Application for a use and
occupancy permit shall be made, in writing, to the Floodplain Administrator
on forms supplied by East Brandywine Township. Such application shall
contain the following:
(a)
Name and address of applicant.
(b)
Name and address of owner of land on which proposed construction
is to occur.
(c)
Name and address of contractor.
(d)
Site location, including address.
(e)
Listing of other permits required.
(f)
Brief description of proposed work and estimated cost, including,
where applicable, a breakout of flood-related cost and the market
value of the building before the flood damage occurred where appropriate.
(g)
A plan of the site showing the exact size and location of the
proposed construction as well as any existing buildings or structures.
(5)
If any proposed construction or development is located entirely or
partially within any identified floodplain area, applicants for permits
shall provide all the necessary information in sufficient detail and
clarity to enable the Floodplain Administrator to determine that:
(a)
All such proposals are consistent with the need to minimize
flood damage and conform with the requirements of this and all other
applicable codes and ordinances;
(b)
All utilities and facilities, such as sewer, gas, electrical
and water systems, are located and constructed to minimize or eliminate
flood damage;
(c)
Adequate drainage is provided so as to reduce exposure to flood
hazards;
(d)
Structures will be anchored to prevent floatation, collapse,
or lateral movement;
(e)
Building materials are flood-resistant;
(f)
Appropriate practices that minimize flood damage have been used;
and
(g)
Electrical, heating, ventilation, plumbing, air-conditioning
equipment, and other service facilities have been designed and located
to prevent water entry or accumulation.
(6)
Applicants shall file the following minimum information, plus any
other pertinent information as may be required by the Floodplain Administrator,
to make the above determination:
(a)
A completed permit application form.
(b)
A plan of the entire site, clearly and legibly drawn at a scale
of one inch being equal to 100 feet or less, showing the following:
[1]
North arrow, scale, and date;
[2]
Topographic contour lines, if available;
[3]
The location of all existing and proposed buildings, structures,
and other improvements, including the location of any existing or
proposed subdivision and development;
[4]
The location of all existing streets, drives, and other accessways;
and
[5]
The location of any existing bodies of water or watercourses,
identified floodplain areas, and, if available, information pertaining
to the floodway, and the flow of water, including direction and velocities.
(c)
Plans of all proposed buildings, structures and other improvements,
drawn at suitable scale, showing the following:
[1]
The proposed lowest floor elevation of any proposed building
based upon North American Vertical Datum of 1988;
[2]
The elevation of the base flood;
[3]
Supplemental information as may be necessary under 34 Pa.Code,
the 2009 IBC or the 2009 IRC, or the latest revision thereof as adopted
by the Commonwealth of Pennsylvania.
(d)
The following data and documentation:
[1]
Detailed information concerning any proposed floodproofing measures
and corresponding elevations.
[2]
If available, information concerning flood depths, pressures,
velocities, impact and uplift forces and other factors associated
with a base flood.
[3]
Documentation, certified by a registered professional engineer or architect, to show that the cumulative effect of any proposed development within any identified floodplain area [See § 399-13M(2)], when combined with all other existing and anticipated development, will not cause any increase in the base flood elevation.
[4]
A document, certified by a registered professional engineer
or architect, which states that the proposed construction or development
has been adequately designed to withstand the pressures, velocities,
impact and uplift forces associated with the base flood. Such statement
shall include a description of the type and extent of floodproofing
measures which have been incorporated into the design of the structure
and/or the development.
[5]
Detailed information needed to determine compliance with § 399-13Q(8), Storage, and § 399-13N(5)(f), regarding development which may endanger human life, including:
[a]
The amount, location and purpose of any materials or substances referred to in § 399-13Q(8) and N(5)(f) which are intended to be used, produced, stored or otherwise maintained on site.
[b]
A description of the safeguards incorporated into the design of the proposed structure to prevent leaks or spills of the dangerous materials or substances listed in § 399-13N(5)(f) during a base flood.
[6]
The appropriate component of the Department of Environmental
Protection's Planning Module for Land Development.
(e)
Applications for permits shall be accompanied by a fee, payable
to the Township based upon the estimated cost of the proposed construction
as determined by the Floodplain Administrator.
(7)
Review of application by others. A copy of all plans and applications
for any proposed construction or development in any identified floodplain
area to be considered for approval may be submitted by the Floodplain
Administrator to any other appropriate agencies and/or individuals
(e.g., Township Planning Commission, Township Engineer) for review
and comment.
(8)
Changes. After the issuance of a permit by the Floodplain Administrator,
no changes of any kind shall be made to the application, permit or
any of the plans, specifications or other documents submitted with
the application without the written consent or approval of the Floodplain
Administrator. Requests for any such change shall be in writing and
shall be submitted by the applicant to the Floodplain Administrator
for consideration.
(9)
Placards. In addition to the permit, the Floodplain Administrator
shall issue a placard, or similar document, which shall be displayed
on the premises during the time construction is in progress. This
placard shall show the number of the permit, the date of its issuance,
and be signed by the Floodplain Administrator.
(10)
Start of construction.
(a)
The start of construction of the proposed construction or development shall be determined in accordance with the definition of that term in § 300-18, Flood Hazard District definitions.
(b)
Time extensions shall be granted only if a written request is
submitted by the applicant, who sets forth sufficient and reasonable
cause for the Floodplain Administrator to approve such a request and
the original permit is compliant with the ordinance and FIRM/FIS in
effect at the time the extension is granted.
(11)
Additional permit requirements. Prior to any proposed alteration
or relocation of any stream, watercourse, etc., within the Township,
a permit shall be obtained from the Department of Environmental Protection,
Bureau of Dams and Waterway Management. Further, notification of the
proposal shall be given to all affected adjacent municipalities. Copies
of such notifications shall be forwarded to both the Federal Emergency
Management Agency and the Department of Community and Economic Development.
(12)
Enforcement. Whenever the Floodplain Administrator or other authorized Township representative determines that there are reasonable grounds to believe that there has been a violation of any provision of this section or any regulations adopted pursuant thereto, the Floodplain Administrator shall proceed with enforcement actions in accordance with the terms of Article XXI of this chapter.
M.
Identification of floodplain areas.
(1)
Identification.
(a)
The identified floodplain area shall be:
[1]
Any areas of East Brandywine Township, classified as special
flood hazard areas (SFHAs) in the Flood Insurance Study (FIS) and
the accompanying Flood Insurance Rate Maps (FIRMs) dated September
29, 2017, and issued by the Federal Emergency Management Agency (FEMA),
or the most recent revision thereof, including all digital data developed
as part of the Flood Insurance Study, and
[2]
Any community-identified flood hazard areas. The above-referenced
FIS and FIRMs, and any subsequent revisions and amendments, are hereby
adopted by East Brandywine Township and declared to be a part of this
section.
(2)
Description and special requirements of identified floodplain areas.
The identified floodplain area shall consist of the following specific
areas:
(a)
The Floodway Area shall be those areas identified in the FIS
and the FIRM as floodway and which represent the channel of a watercourse
and the adjacent land areas that must be reserved in order to discharge
the base flood without increasing the water surface elevation by more
than one foot at any point. This term shall also include floodway
areas which have been identified in other available studies or sources
of information for those special flood hazard areas where no floodway
has been identified in the FIS and FIRM.
[1]
Within any floodway area, no encroachments, including fill,
new construction, substantial improvements, or other development shall
be permitted unless it has been demonstrated through hydrologic and
hydraulic analysis performed in accordance with standard engineering
practice that the proposed encroachment would not result in any increase
in flood levels within the Township during the occurrence of the base
flood discharge.
[2]
Within any floodway area, no new construction or development
shall be allowed, unless the appropriate permit is obtained from the
Department of Environmental Protection regional office.
(b)
The AE Area/District shall be those areas identified as an AE
Zone on the FIRM included in the FIS prepared by FEMA for which base
flood elevations have been provided.
[1]
The AE Area adjacent to the floodway shall be those areas identified
as an AE Zone on the FIRM included in the FIS prepared by FEMA for
which base flood elevations have been provided and a floodway has
been delineated.
[2]
AE Area without floodway shall be those areas identified as
an AE zone on the FIRM included in the FIS prepared by FEMA for which
base flood elevations have been provided but no floodway has been
determined.
[3]
No encroachments, including fill, new construction, substantial
improvements, or other development shall be permitted in an AE Zone
without floodway, unless it has been demonstrated through hydrologic
and hydraulic analysis performed in accordance with standard engineering
practice that the proposed development, together with all other existing
and anticipated development, would not result in an increase in flood
levels within the Township during the occurrence of the base flood
discharge.
[4]
No new construction or development shall be located within the
area measured 50 feet landward from the top-of-bank of any watercourse,
unless the appropriate permit is obtained from the Department of Environmental
Protection regional office.
(c)
A Area/District.
[1]
The A Area/District shall be those areas identified as an A
Zone on the FIRM included in the FIS prepared by FEMA and for which
no base flood elevations have been provided. For these areas, elevation
and floodway information from other federal, state, or other acceptable
sources shall be used when available. Where other acceptable information
is not available, the base flood elevation shall be determined by
using the elevation of a point on the boundary of the identified floodplain
area which is nearest the construction site.
[2]
In lieu of the above, the municipality may require the applicant
to determine the elevation with hydrologic and hydraulic engineering
techniques. Hydrologic and hydraulic analyses shall be undertaken
only by professional engineers or others of demonstrated qualifications,
who shall certify that the technical methods used correctly reflect
currently accepted technical concepts. Studies, analyses, computations,
etc., shall be submitted in sufficient detail to allow a thorough
technical review by the Township. In the absence of any of the above
data or documentation, the Township may require elevation of the lowest
floor to be at least three feet above the highest adjacent grade.
(d)
The AO and AH Area/District shall be those areas identified
as Zones AO and AH on the FIRM and in the FIS. These areas are subject
to inundation by one-percent-annual-chance shallow flooding where
average depths are between one and three feet. In Zones AO and AH,
drainage paths shall be established to guide floodwaters around and
away from structures on slopes.
(e)
Community-identified flood hazard areas shall be those areas
where East Brandywine Township has identified local flood hazard or
ponding areas, as delineated and adopted on a local flood hazard map
using best available topographic data and locally derived information
such as flood of record, historic high water marks, soils or approximate
study methodologies.
N.
Use regulations.
(1)
Uses permitted by right. In the Flood Hazard District the following
uses and activities are permitted, provided they are in compliance
with the provisions of the underlying district and are not prohibited
by any other ordinance and provided that they do not require structures,
fill, or storage of materials and equipment.
(a)
Agriculture, provided no structures are located within the Flood
Hazard District. Such activities shall be conducted in accordance
with a plan approved by the Chester County Conservation District or
in accordance with recognized soil conservation practices approved
by the Township.
(b)
Recreational use, provided no structures are located within
the Flood Hazard District.
(c)
Wildlife sanctuary, nature preserve, arboretum.
(d)
Sealed water supply wells, water pipelines, and storm and sanitary
sewer lines, provided they are designed and constructed to eliminate
infiltration of floodwater into the system and discharges from the
system into waters of the commonwealth.
(e)
Nonstructural accessory uses, including pervious parking, customarily
incidental to any of the foregoing permitted uses.
(2)
Uses permitted by special exception. The following uses are permitted
only upon the granting of a special exception by the Zoning Hearing
Board, in accordance with §§ 908 and 913 of the Pennsylvania
Municipalities Code, as amended, 53 P.S. §§ 10908 and
10913, and upon the condition that no use permitted as a special exception
shall increase the elevation of the base flood.
(a)
Accessory structures customarily incidental to any of the foregoing permitted uses. Where approved, an accessory structure shall comply with the requirements of § 399-13S(7).
(b)
Circuses, festivals, and similar transient amusement enterprises.
(c)
Roadside stands and signs.
(d)
Railroads, roads, bridges, and utility transmission lines.
(e)
Sealed water supply wells and water pipelines.
(f)
Storm and sanitary sewer outlets, which shall take the shortest
route across the district to the point of discharge.
(g)
Grading or fill, provided that the effect is not to alter the
cross-sectional profile of the stream basin at the point of the proposed
use and will not cause an increase in the base flood elevation.
(h)
Dams and impoundment basins where approved by appropriate private
and public agencies.
(3)
Administration of special exceptions.
(a)
Special exception procedures. Upon receiving an application
for approval as a special exception, the Zoning Hearing Board shall,
prior to rendering a decision thereon, require the applicant to furnish
the following materials to the Board:
[1]
Plans, in triplicate, drawn to scale, showing the nature, location,
dimensions and elevation of the lot and existing and proposed uses;
soil types; and other pertinent information.
[2]
A series of cross-sections at twenty-five-foot intervals along
the lot shoreline, showing the stream channel or the lake or pond
bottom, elevation of adjoining land areas to be occupied by the proposed
uses, and high water information.
[3]
Profile showing the base floodwater surface elevation and slope
of the bottom of the channel, lake or pond.
[4]
Specifications for building materials and construction, floodproofing,
filling, dredging, grading, storage, water supply and sanitary facilities.
[5]
Computation of the increase, if any, in height of flood stages
which would be attributable to any proposed uses.
[6]
Site location, including address.
[7]
Brief description of proposed work and estimated cost, including
a breakdown of the flood-related cost and the market value of the
building before the flood damage occurred.
[8]
Plans of all proposed buildings, structures and other improvements,
drawn at a suitable scale, showing the following:
[a]
The proposed lowest floor elevation of any proposed
building based upon North American Vertical Datum 1988.
[b]
The elevation of the base flood.
[c]
Detailed information concerning any proposed elevation
and floodproofing measures.
[d]
Supplemental information as may be necessary under
34 Pa. Code, Chapters 401 through 405, as amended, and Sections 1612.5.1,
104.7 and 109.3 of the 2009 IBC and Sections R106.1.3 and R104.7 of
the 2009 IRC, or most recent revision thereof as adopted by the Commonwealth
of Pennsylvania.
[9]
The following data documentation:
[a]
A document, certified by a registered professional
engineer or architect, which states that the proposed construction
or development has been adequately designed to withstand the base
flood elevations, pressures, velocities, impact and uplift forces
associated with the base flood.
[b]
Such statement shall include a description of the
type and extent of floodproofing measures which have been incorporated
into the design of the structure and/or the development.
(4)
In proceedings before the Zoning Hearing Board, the burden of proof
shall be on the applicant to show that the use will be in general
conformity with the objectives of this section and that proper safeguards
will be observed.
(a)
Factors to be considered by the Zoning Hearing Board. In deciding
upon each application, the Zoning Hearing Board shall consider:
[1]
The danger to life and property due to increased flood heights
or velocities caused by encroachments.
[2]
The danger that materials may be swept onto other lands or downstream
to the injury of others.
[3]
The probability of proposed water supply and sanitation systems
causing disease, contamination and unsanitary conditions.
[4]
The susceptibility of the proposed use to flood damage and the
effect of such damage on the owner.
[5]
The importance of the proposed use to the community.
[6]
The requirements of the use for a waterfront location.
[7]
The availability of alternative locations not subject to flooding
for the proposed use.
[8]
The compatibility of the proposed use with existing and foreseeable
nearby use.
[9]
The relationship of the proposed use to the comprehensive plan
and floodplain management program for the area.
[10]
The safety of access to the property in times
of flood for ordinary and emergency vehicles.
[11]
The expected heights, velocity, duration, rate
of rise and sediment transport of the floodwater expected at the site.
[12]
Such other factors which are relevant to the purposes
of this section.
(b)
Upon consideration of the factors listed above, and the purposes
of this section, the Zoning Hearing Board may attach such conditions
to the granting of a special exception permit as it deems necessary
to further the purposes of this section. Among such conditions, without
limitation because of specific enumeration, may be included:
[1]
Modification of waste disposal and water supply facilities subject
to approval by Pennsylvania Department of Environmental Protection,
regional office (PADEP).
[2]
Limitations on periods of use and operation.
[3]
Imposition of operational controls, sureties and deed restrictions.
[4]
Floodproofing measures such as the following, without limitation
because of specific enumeration:
[a]
Anchorage to resist flotation and lateral movement.
[b]
Installation of watertight doors, bulkheads and
shutters (nonresidential only).
[c]
Reinforcement of walls to resist water pressures.
[d]
Use of paints, membranes or mortars to reduce seepage
of water through walls.
[e]
Addition of mass or weight to structures to resist
flotation.
[f]
Installation of pumps to lower water levels in
structures (nonresidential only).
[g]
Construction of water supply systems, sanitary
sewer systems, and waste treatment systems so as to prevent the entrance
of floodwaters by being designed to minimize or eliminate infiltration.
[h]
Pumping facilities for subsurface external foundation
wall and basement floor pressures.
[i]
Construction to resist rupture or collapse caused
by water pressure or floating debris.
[j]
Cutoff valves on sewer lines or the elimination
of gravity flow basement drains.
[k]
Elevation of structures to reduce likelihood of
flood damage.
(5)
Prohibited uses. The following uses shall be prohibited from locating
or occurring entirely or partially within an identified flood hazard
area:
(b)
The commencement of, or any construction of, a new manufactured
home park or manufactured home subdivision or substantial improvement
to an existing manufactured home park or manufactured home subdivision.
(c)
Manufactured homes.
(d)
Removal of vegetation.
[1]
The removal of vegetation, except for:
[a]
Brush, weeds, or invasive species;
[b]
Dead, diseased, or damaged shrubs or trees;
[c]
Trees, or portions thereof, that might cause hazard
to life or property;
[d]
Trees threatening the stability of a stream bank;
and
[e]
Clearing that is necessary for construction or
related activity associated with a use permitted by this section or
authorized by action of the Zoning Hearing Board.
[2]
No such removal of vegetation shall commence without the issuance
of a use and occupancy permit by the Township.
(e)
Sod framing.
(f)
Any new or substantially improved structure which will be used
for the production or storage of any of the following dangerous materials
or substances or which will be used for any activity requiring the
maintenance of a supply (more than 550 gallons or other comparable
volume or any amount of radioactive substances) of any of the following
dangerous materials or substances on the premises:
[1]
Acetone.
[2]
Ammonia.
[3]
Benzene.
[4]
Calcium carbide.
[5]
Carbon disulfide.
[6]
Celluloid.
[7]
Chlorine.
[8]
Herbicides.
[9]
Hydrochloric acid.
[10]
Hydrocyanic acid.
[11]
Magnesium.
[12]
Nitric acid and oxides of nitrogen.
[13]
Petroleum products (gasoline, fuel oil, etc.).
[14]
Phosphorus.
[15]
Potassium.
[16]
Sodium.
[17]
Sulfur and sulfur products.
[18]
Pesticides (including insecticides, fungicides,
and rodenticides).
[19]
Radioactive substances, insofar as such substances
are not otherwise regulated.
(g)
The construction or expansion of any on-site sewage disposal
system or component of such a system.
(h)
Storage of flammable or toxic material or any other material
which, if inundated, would chemically react, degrade or pollute the
stream, or cause damage if swept downstream.
(i)
Junkyard.
O.
Existing structures and uses. Lawfully existing structures and uses
of land within the Flood Hazard District shall comply with the following
regulations regarding improvements to an existing structure:
(1)
No expansion or enlargement of an existing structure shall be allowed
within any Floodway Area/District that would cause any increase in
base flood elevation.
(2)
No expansion or enlargement of an existing structure shall be allowed
within any AE Area/District outside the floodway that would, together
with all other existing and anticipated development, increase the
base flood elevation at any point.
(3)
Any modification, alteration, reconstruction, or improvement of any
kind to an existing structure to an extent or amount of 50% or more
of its market value shall constitute a substantial improvement and
shall be undertaken only in full compliance with the provisions of
this section.
(4)
The above activity shall also address the requirements of 34 Pa.Code,
as amended, and the 2009 IBC and the 2009 IRC, or most recent revision
thereof as adopted by the Commonwealth of Pennsylvania.
(5)
Within any Floodway Area/District, no new construction or development
shall be allowed, unless the appropriate permit is obtained from the
Department of Environmental Protection regional office.
(6)
Within any AE Area/District without Floodway, no new construction
or development shall be located within the area measured 50 feet landward
from the top-of-bank of any watercourse, unless the appropriate permit
is obtained from the Department of Environmental Protection regional
office.
(7)
Any modification, alteration, reconstruction, or improvement of any
kind to an existing structure, to an extent or amount of less than
50% of its market value, shall be elevated and/or floodproofed to
the greatest extent possible.
(8)
An existing structure located within the Flood Hazard District shall
not be enlarged or altered more than 50% of its present lot coverage
figure.
P.
Variance regulations.
(1)
The Zoning Hearing Board may, upon request, grant relief from a requirement
under this section, should compliance with said requirement result
in a hardship to a prospective applicant.
(2)
In its review of variance requests, the Zoning Hearing Board shall follow the guidelines established in Article XIX. In addition, any variance granted for a use or structure within the Flood Hazard District shall comply with the following requirements.
(a)
No variance shall begranted for any construction, development
or use that would cause any increase in the base flood elevation.
Any impact of the proposed activity or structure on the Flood Hazard
District shall be offset by stream improvements.
(b)
The granting of a variance will neither:
(c)
Notwithstanding any of the above, all structures shall be designed
and constructed so as to have the capability of resisting the base
flood.
(d)
No variance shall be granted for the construction of a jail
or prison, nursing home, hospital, manufactured home park, manufactured
home subdivision, or other use regulated under the Pennsylvania Flood
Plain Management Act of 1978-166, 32 P.S. § 679.101 et seq.
(3)
The Zoning Hearing Board shall notify the applicant, in writing,
that granting a variance to allow an activity or structure in the
Flood Hazard District may result in increased premium rates for flood
insurance, and that such activity or structure increases risk to life
and property.
(4)
The Zoning Hearing Board shall maintain a record of all decisions,
and shall report all affirmative decisions to the Federal Emergency
Management Agency on an annual basis.
Q.
Performance criteria for special exceptions and variances. The Zoning
Hearing Board shall attach the following conditions to the granting
of a special exception or variance where applicable:
(1)
Any modification, enlargement, alteration or improvement to an existing residential structure shall be elevated not less than 1 1/2 feet above the base flood elevation at the site. Modifications to nonresidential structures shall be elevated not less than 1 1/2 feet above the base flood elevation or shall conform with the floodproofing requirements set forth in § 399-13S.
(2)
Any and all fill materials shall:
(a)
Extend laterally at least 15 feet beyond the building line from
all points.
(b)
Consist of soil or small rock materials only; sanitary landfills
shall not be permitted.
(c)
Be compacted and stabilized to provide the necessary permeability
and resistance to erosion, scouring, or settling.
(d)
Be no steeper than one vertical to two horizontal, unless substantiated
data justifying steeper slopes are submitted to, and approved by,
the Floodplain Administrator.
(e)
Be used to the extent to which it does not adversely affect
adjacent properties.
(3)
Drainage facilities. Storm drainage facilities shall be designed
to convey the flow of stormwater runoff in a safe and efficient manner.
The system shall ensure proper drainage along streets and provide
positive drainage away from buildings. The system shall also be designed
to prevent the discharge of excess runoff onto adjacent properties.
Storm drainage facilities shall be in compliance with the terms of
the East Brandywine Township Stormwater Management Ordinance.[6]
(4)
Sanitary sewer facilities. All sanitary sewer facilities and private
package sewer treatment plants, including all pumping stations and
collector systems, shall be designed to minimize or eliminate infiltration
of floodwaters into the systems and discharges from the systems into
the floodwaters. In addition, they should be located and constructed
to minimize or eliminate flood damage and impairment. No part of any
on-site waste disposal system shall be located within the Flood Hazard
District.
(5)
Water facilities. All water facilities shall be designed to minimize
or eliminate infiltration of floodwaters into the system and be located
and constructed to minimize or eliminate flood damages.
(6)
Streets. The finished elevation of proposed new streets shall be
equal to or higher than the base flood elevation.
(7)
Utilities. All utilities, such as gas lines, electrical and telephone
systems, being placed in the Flood Hazard District shall be located,
elevated (where possible) and constructed to minimize the chance of
impairment during a flood.
(8)
Storage. All materials that are buoyant, flammable, explosive, or
in times of loading or unloading could be injurious to human, animal
or plant life shall be stored above the base flood elevation and/or
floodproofed to the maximum extent possible.
(9)
Buildings and structures. All buildings and structures shall be designed,
located, and constructed so as to offer the minimum obstruction to
the flow of water and shall be designed to have a minimum effect upon
the flow and height of floodwater. All buildings and structures in
or adjacent to the Flood Hazard District shall make the following
improvements:
(a)
Paints or other finishes used at or below the base flood elevation
shall be of water-resistant quality.
(b)
Adhesives used at or below the base flood elevation shall be
finished with water-resistant paint or other finishing material.
(c)
All wooden components shall be finished with a water-resistantpaint
or other finishing material.
(d)
Electric water heaters, furnaces, air-conditioning and ventilating
systems, and other electrical equipment or apparatus shall not be
located below the base flood elevation.
(e)
Electrical distribution panels shall be at least three feet
above the base flood elevation.
(f)
Separate electrical circuits shall serve lower levels and shall
be dropped from above.
(10)
Anchoring. All structures shall be firmly anchored in accordance
with accepted engineering practices to prevent flotation, collapse
or lateral movement.
(11)
The accessibility of the tract to emergency vehicles in times
of flooding shall be ensured.
(12)
Any danger of materials being swept onto lands downstream shall
be removed.
(13)
Uniform Construction Code coordination. The standards and specifications
contained in 34 Pa. Code, Chapters 401 through 405, as amended, and
not limited to the following provisions shall apply to the above subsections
and other subsections of this section, to the extent that they are
more restrictive and/or supplement the requirements of this section.
(a)
International Building Code (IBC) 2009 or latest edition thereof:
Sections 801, 1202, 1403, 1603, 1605, 1612, 3402 and Appendix G.
(b)
International Residential Building Code (IRC) 2009 or latest
edition thereof: Sections R104, R105, R109, R323, Appendix AEIOI,
Appendix E and Appendix J.
(c)
Fully enclosed and partially enclosed space below the lowest
floor (including basement) is prohibited.
R.
Technical provisions.
(1)
Alteration or relocation of watercourse.
(a)
No encroachment, alteration, or improvement of any kind shall
be made to any watercourse until all adjacent municipalities that
may be affected by such action have been notified by the Township,
and until all required permits or approvals have first been obtained
from the Department of Environmental Protection regional office.
(b)
No encroachment, alteration, or improvement of any kind shall
be made to any watercourse unless it can be shown that the activity
will not reduce or impede the flood-carrying capacity of the watercourse
in any way.
(c)
In addition, FEMA and the Pennsylvania Department of Community
and Economic Development shall be notified prior to any alteration
or relocation of any watercourse.
(2)
When East Brandywine Township proposes to permit the following encroachments:
any development that causes a rise in the base flood elevations within
the floodway; or any development occurring in Zones A1-30 and AE without
a designated floodway, which will cause a rise of more than one foot
in the base flood elevation; or alteration or relocation of a stream
(including but not limited to installing culverts and bridges), the
applicant shall (as per 44 CFR 65.12):
(a)
Apply to FEMA for conditional approval of such action prior
to permitting the encroachments to occur.
(b)
Upon receipt of the FEMA Administrator's conditional approval
of map change and prior to approving the proposed encroachments, the
Township shall provide evidence to FEMA of the adoption of floodplain
management ordinances incorporating the increased base flood elevations
and/or revised floodway reflecting the post-project condition.
(c)
Upon completion of the proposed encroachments, the applicant
shall provide as-built certifications. FEMA will initiate a final
map revision upon receipt of such certifications in accordance with
44 CFR 67.
(3)
Any new construction, development, uses or activities allowed within
any identified floodplain area shall be undertaken in strict compliance
with the provisions contained in this section and any other applicable
codes, ordinances and regulations.
S.
Elevation and floodproofing requirements. Within any identified floodplain area, any new construction or substantial improvements shall be prohibited, with the exception of uses permitted by right and special exception in § 399-13N above. If a variance is obtained for new construction or substantial improvements in the identified floodplain area in accordance with the criteria in § 399-13P and Q, then the following provisions apply:
(1)
Residential structures.
(a)
In AE, A1-30, and AH Zones, any new construction or substantial
improvement shall have the lowest floor (including basement) elevated
up to, or above, the regulatory flood elevation.
(b)
In A Zones, where there are no base flood elevations specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation determined in accordance with § 399-13M(2)(c) of this section.
(c)
In AO Zones, any new construction or substantial improvement
shall have the lowest floor (including basement) at or above the highest
adjacent grade, at least as high as the depth number specified on
the FIRM.
(d)
The design and construction standards and specifications contained
in the 2009 International Building Code (IBC) and in the 2009 International
Residential Code (IRC), or the latest edition thereof adopted by the
Commonwealth of Pennsylvania, and ASCE 24 and 34 Pa.Code (Chapters
401 through 405, as amended) shall be utilized where they are more
restrictive.
(2)
Nonresidential structures.
(a)
In AE, A1-30 and AH Zones, any new construction or substantial
improvement of a nonresidential structure shall have the lowest floor
(including basement) elevated up to, or above, the regulatory flood
elevation, or be designed and constructed so that the space enclosed
below the regulatory flood elevation:
(b)
In A Zones, where no base flood elevations are specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated or completely floodproofed up to, or above, the regulatory flood elevation determined in accordance with § 399-13M(2)(c) of this section.
(c)
In AO Zones, any new construction or substantial improvement
shall have the lowest floor elevated or completely floodproofed above
the highest adjacent grade to at least as high as the depth number
specified on the FIRM.
(d)
Any nonresidential structure, or part thereof, made watertight
below the regulatory flood elevation shall be floodproofed in accordance
with the W1 or W2 space classification standards contained in the
publication entitled "Flood-Proofing Regulations" published by the
U.S. Army Corps of Engineers (June 1972, as amended March 1992) or
with some other equivalent standard. All plans and specifications
for such floodproofing shall be accompanied by a statement certified
by a registered professional engineer or architect which states that
the proposed design and methods of construction are in conformance
with the above-referenced standards. There should be a statement submitted
with the permit application and a statement submitted with the as-built
floodproofing certificate prior to the issuance of the certificate
of occupancy.
(e)
Any nonresidential structure that will be floodproofed must
submit the following to the Floodplain Administrator along with the
nonresidential floodproofing certificate and prior to the issuance
of the certificate of occupancy:
[1]
An inspection and maintenance plan detailing the annual maintenance
of floodproofed components, ensuring that all components will operate
properly under flood conditions. Components that must be inspected
include, at a minimum:
[2]
A flood emergency operation plan detailing the procedures to
be followed during a flooding event, and must include information
pertaining to how all components will operate properly under all conditions,
including power failures. The design professional must produce the
plan. An adequate plan must include the following:
[a]
An established chain of command and responsibility
with leadership responsibilities clearly defined for all aspects of
the plan.
[b]
A procedure for notification of necessary parties
when flooding threatens and flood warnings are issued. Personnel required
to be at the building should have a planned and safe means of ingress
and should have no other emergency response duties during a flood
event. Alternates should be assigned in the event that the primary
persons responsible are unable to complete their assigned duties under
the plan.
[c]
A list of specific duties assigned to ensure that
all responsibilities are addressed expeditiously. The locations of
materials necessary to properly install all floodproofing components
must be included in the list.
[d]
An evacuation plan for all personnel or occupants;
those without duties for the flood emergency as well as those with
duties for implementing the plan. All possible reasonable and safe
ingress and egress routes must be identified.
(f)
The design and construction standards and specifications contained
in the 2009 International Building Code (IBC) and in the 2009 International
Residential Code (IRC), or the latest revision thereof as adopted
by the Commonwealth of Pennsylvania, and ASCE 24 and 34 Pa.Code.
(3)
Space below the lowest floor.
(a)
Fully enclosed space below the lowest floor (excluding basements)
which will be used solely for the parking of a vehicle, building access,
or incidental storage in an area other than a basement shall be designed
and constructed to allow for the automatic entry and exit of floodwaters
for the purpose of equalizing hydrostatic forces on exterior walls.
The term "fully enclosed space" also includes crawl spaces.
(b)
Designs for meeting this requirement must either be certified
by a registered professional engineer or architect, or meet or exceed
the following minimum criteria:
[1]
A minimum of two openings having a net total area of not less
than one square inch for every square foot of enclosed space installed
on two separate walls.
[2]
The bottom of all openings shall be no higher than one foot
above grade.
[3]
Openings may be equipped with screens, louvers, or other coverings
or devices, provided that they permit the automatic entry and exit
of floodwaters.
(4)
Historic structures. Historic structures undergoing repair or rehabilitation that would constitute a substantial improvement, as defined in Chapter 300, must comply with all ordinance requirements that do not preclude the structure's continued designation as an historic structure. Documentation that a specific ordinance requirement will cause removal of the structure from the National Register of Historic Places or the State Inventory of Historic Places must be obtained from the Secretary of the Interior or the State Historic Preservation Officer. Any exemption from ordinance requirements will be the minimum necessary to preserve the historic character and design of the structure.
(5)
Accessory structures. Structures accessory to a principal building
need not be elevated or floodproofed to remain dry, but shall comply,
at a minimum, with the following requirements:
(a)
The structure shall not be designed or used for human habitation,
but shall be limited to the parking of vehicles, or to the storage
of tools, material, and equipment related to the principal use or
activity.
(b)
Floor area shall not exceed 200 square feet.
(c)
The structure will have a low damage potential.
(d)
The structure will be located on the site so as to cause the
least obstruction to the flow of floodwaters.
(e)
Power lines, wiring, and outlets will be elevated to the regulatory
flood elevation.
(f)
Permanently affixed utility equipment and appliances such as
furnaces, heaters, washers, dryers, etc., are prohibited.
(g)
Sanitary facilities are prohibited.
(h)
The structure shall be adequately anchored to prevent flotation,
collapse, and lateral movement and shall be designed to automatically
provide for the entry and exit of floodwater for the purpose of equalizing
hydrostatic forces on the walls. Designs for meeting this requirement
must either be certified by a registered professional engineer or
architect, or meet or exceed the following minimum criteria:
[1]
A minimum of two openings having a net total area of not less
than one square inch for every square foot of enclosed space.
[2]
The bottom of all openings shall be no higher than one foot
above grade.
[3]
Openings may be equipped with screens, louvers, etc., or other
coverings or devices, provided that they permit the automatic entry
and exit of floodwaters.
(6)
For an accessory structure proposed to exceed 200 square feet in
area (footprint) and that will be below the base flood elevation,
a variance is required from the Zoning Hearing Board. No such accessory
structure shall exceed 600 square feet in area (footprint). If a variance
is granted, a signed declaration of land restriction (nonconversion
agreement) shall be recorded on the property deed prior to issuance
of the certificate of occupancy.
(7)
The storage of hazardous materials in accessory structures is prohibited.
T.
Special requirements for subdivisions and land developments. All
subdivision proposals and land development proposals containing at
least 50 lots or at least five acres, whichever is the lesser, in
identified floodplain areas where base flood elevation data are not
available shall be supported by hydrologic and hydraulic engineering
analyses that determine base flood elevations and floodway information.
The analyses shall be prepared by a licensed professional engineer
in a format required by FEMA for a conditional letter of map revision
(CLOMR) and letter of map revision (LOMR). Submittal requirements
and processing fees shall be the responsibility of the applicant.
U.
Special requirements for manufactured homes. Within any identified floodplain area, manufactured homes shall be prohibited. If a variance is obtained in accordance with the criteria in § 399-13P, and Q and Article XIX, then the following provisions apply:
(1)
Within any identified floodplain area, manufactured homes shall be
prohibited within the area measured 50 feet landward from the top-of-bank
of any watercourse.
(2)
Where permitted within any identified floodplain area, all manufactured
homes, and any improvements thereto, shall be:
(3)
Equipment requirement:
(a)
Water heaters, furnaces, air-conditioning and ventilating units,
and other electrical, mechanical or utility equipment or apparatus
shall not be located below the regulatory flood elevation and shall
be anchored to resist floatation, collapse, and lateral movement.
(b)
Ductwork shall be elevated to or above the regulatory flood
elevation or floodproofed to remain water-resistant.
(4)
Installation of manufactured homes shall be done in accordance with
the manufacturer's installation instructions. Where the applicant
cannot provide the above information, the requirements of Appendix
E of the 2009 International Residential Building Code, or most recent
revision thereof as adopted by the Commonwealth of Pennsylvania, or
the United States Department of Housing and Urban Development's Permanent
Foundations for Manufactured Housing, 1984 Edition, draft or latest
revision thereto, and 34 Pa.Code, Chapters 401 through 405, shall
apply.
(5)
Consideration shall be given to the installation requirements of
the 2009 IBC, the 2009 IRC, or the latest revision thereto as adopted
by the Commonwealth of Pennsylvania, and 34 Pa.Code, as amended where
appropriate and/or applicable to units where the manufacturer's standards
for anchoring cannot be provided or were not established for installation
of the proposed unit(s).
V.
Special requirements for recreational vehicles. Within any identified
floodplain area, recreational vehicles shall be prohibited. If a variance
is obtained, then recreational vehicles in Zones A, A1-30, AH and
AE must be:
[Added 11-17-2003 by Ord. No. 03-08]
A.
Statement of intent. In expansion of § 399-2, General purpose, and § 399-3, Objectives, of this chapter, and to address comprehensively all water resource protection benefits provided by forested riparian buffer areas, the purposes of this section, among others, are as follows:
[Amended 3-3-2016 by Ord.
No. 02-2016]
(1)
Reduce the amount of nutrients, sediment, organic
matter, pesticides, and other harmful substances that reach watercourses,
wetlands, subsurface, and surface water bodies by using scientifically
proven processes including filtration, deposition, absorption, adsorption,
plant uptake, and denitrification, and by improving infiltration,
encouraging sheet flow, and stabilizing concentrated flows.
(2)
Improve and maintain the safety, reliability,
and adequacy of the water supply for domestic, agricultural, commercial,
industrial, and recreational uses along with sustaining diverse populations
of aquatic flora and fauna.
(3)
Regulate the land use, siting, and engineering
of all development to be consistent with the intent and objectives
of this chapter, accepted conservation practices, and to work within
the carrying capacity of existing natural resources.
(4)
Conserve the natural features important to land
or water resources (e.g., headwater areas, groundwater recharge zones,
floodways, floodplains, springs, streams, wetlands, woodlands, prime
wildlife habitats) and other features constituting high recreational
value or containing amenities that exist on developed and undeveloped
land.
(5)
Complement the provisions of this chapter addressing
the Floodplain District, the Steep Slope Conservation District, water
hazard soils, wetlands, vegetation, and topsoil in this article, and
any other ordinances or regulations that protect environmentally sensitive
areas, in order to minimize hazards to life, property, and riparian
features.
(6)
Recognize that natural features contribute to
the welfare and quality of life of the Township's residents.
(7)
Conserve natural, scenic, and recreation areas
within and adjacent to riparian areas for the community's benefit.
(8)
Provide shade that moderates and protects fish
habitat by retaining more dissolved oxygen and encouraging the growth
of diatoms, beneficial algae, and aquatic insects.
(9)
Provide for stream bank stabilization that protects
fish habitat and controls erosion and sedimentation, particularly
through tree roots that consolidate the soils of the floodplain and
stream banks, reducing the potential for severe stream bank erosion.
(10)
Provide organic matter through leaves that fall
into the stream and are trapped on woody debris (fallen trees and
limbs) and rocks where they provide food and habitat for small bottom-feeding
creatures (such as insects, amphibians, crustaceans, and small fish)
that are critical to the aquatic food chain.
(11)
Reduce the prevalence of nuisance drainage problems,
which frequently occur when development encroaches into the flood-fringe
of a stream.
B.
Concept, establishment, and width determination of
the District.
(1)
Overlay concept. The provisions of the Riparian Corridor Conservation
District create an overlay district that is applicable within all
other zoning districts established by this chapter, except for the
TND-1 Traditional Neighborhood Development District and the VC Village
Commercial District. To the extent that the provisions of this section
are applicable and more restrictive, they shall supersede conflicting
provisions in any other part of this chapter and all other ordinances
of East Brandywine Township. However, all other provisions of this
chapter and all other ordinances of East Brandywine Township shall
remain in full force.
[Amended 3-3-2016 by Ord.
No. 02-2016]
(2)
Establishment and width determination.
(a)
The Riparian Corridor Conservation District
(RCCD) shall apply to the following watercourses and water bodies
and the land adjacent to them:
[1]
All naturally occurring watercourses
that normally contain flowing water during all times of the year,
including streams that may dry up during periods of extended drought.
[2]
All intermittent watercourses otherwise
identified in the most recent Soil Survey of Chester County, or identified
on plans submitted by applicants. The RCCD shall be measured from
the center line of the stream.
[3]
All watercourses bordered by the
following alluvial soils, and/or local alluvium soils, as mapped in
the most recent Soil Survey of Chester County, provided the local
alluvium soil is connected to a listed alluvial soil:
|
Abbreviation
|
Type
| |
|---|---|---|
|
We
|
Wehadkee silt loam
| |
|
Ch
|
Chewacla silt loam
| |
|
WoA, WoB, WoC
|
Worsham silt loam
|
[a]
The RCCD shall be measured from
the center line of the stream.
[4]
Lands at the margins of wetlands
with an area of 10,000 square feet or greater. The RCCD shall be measured
from the delineated wetland edge
[a]
A wetlands delineation shall be
required when the applicant proposes disturbance within an area of
hydric soils as defined by the Chester County Conservation District
and/or an area of water hazard soils as defined by this chapter.
[b]
In the absence of a wetlands delineation,
the wetlands boundary shall be assumed to be the hydric soil or water
hazard soil boundary as mapped in the most recent Soil Survey of Chester
County.
[5]
Lands at the margins of ponds with
an area of 5,000 square feet or greater. The RCCD shall be measured
from the edge of the mean water surface level.
(b)
The minimum width of the Riparian Corridor Conservation District shall be measured horizontally on a line perpendicular to the point of measurement for each watercourse or surface water body as prescribed in Subsection B(2)(a) above. Except as noted in Subsection B(c) below, required minimum widths shall be as follows:
[Amended 3-3-2016 by Ord.
No. 02-2016]
[1]
For watercourses defined in Subsection B(2)(a)[1] above: 100 feet from the top of each bank.
[2]
For watercourses defined in Subsection B(2)(a)[2] and [3] above: 100 feet in both directions from the stream center line.
[3]
For surface water bodies defined in Subsection B(2)(a)[4] and [5] above: 50 feet.
(c)
Where the one-hundred-year floodplain extends greater than 100
feet from a regulated watercourse, the Riparian Corridor Conservation
District shall extend to the outer edge of the one-hundred-year floodplain.
The one-hundred-year floodplain shall be determined by the FEMA Flood
Insurance Study for East Brandywine Township or by a hydrologic stream
profile analysis, in accordance with the terms of § 399-13C(1)(c)
of this article.
[Amended 3-3-2016 by Ord.
No. 02-2016]
C.
Uses permitted in the Riparian Corridor Conservation
District.
(1)
Within the first 50 feet of any designated Riparian Corridor Conservation District, existing natural vegetative conditions shall be maintained unless determined by the Township to be undesirable and/or contrary to the objectives of this section. Following the date of enactment of this section, restoration of the first 50 feet of an impacted riparian corridor will be required, and predominant vegetation must be composed of a variety of locally adapted, native tree and shrub species planted in accordance with § 350-53.1F, Revegetation standards, of the Subdivision and Land Development Ordinance.
[Amended 3-3-2016 by Ord.
No. 02-2016]
(a)
Where slopes in excess of 25% are located within the first 50
feet of any designated Riparian Corridor Conservation District, these
limitations on use and disturbance shall extend the entire distance
of this sloped area or 100 feet, whichever is less.
[Amended 3-3-2016 by Ord.
No. 02-2016]
(b)
Where use of the property requires access to
a stream by livestock or other large domestic animals, such access
shall be confined to designated intervals along the stream corridor,
in accordance with a management plan prepared in conjunction with,
or approved by, the Chester County Conservation District. This requirement
shall not apply to any property on which, as of the date of enactment
of this section, livestock or other large domestic animals were raised
and/or kept on a continuing basis for agricultural, commercial, equestrian,
recreational, or similar purposes.
(c)
A trail for pedestrian use only may be retained
or established within the first 50 feet of any Riparian Corridor Conservation
District, provided:
[Amended 3-3-2016 by Ord.
No. 02-2016]
D.
Uses specifically prohibited in the Riparian Corridor
Conservation District.
(1)
Any use or activity not authorized by Subsection C above shall be prohibited within the Riparian Corridor Conservation District.
(2)
In addition, the following activities and facilities
are specifically prohibited:
(b)
Use of fertilizers, pesticides, herbicides,
and/or other chemicals in excess of prescribed industry standards
or the recommendations of the Chester County Conservation District.
(c)
Motor or wheeled vehicle traffic in any area
not designed to accommodate adequately the type and volume.
(d)
Parking lots.
(e)
Any type of permanent structure, except structures
needed for a use permitted under the terms of this section.
E.
Nonconforming structures and uses. Nonconforming structures and uses of land within the Riparian Corridor Conservation District shall be regulated in accordance with the requirements of § 399-13H of this article.
F.
Boundary interpretation and appeals procedure.
(1)
When a landowner or applicant disputes the boundary
of the Riparian Corridor Conservation District or the defined edge
of a watercourse or surface water body, the landowner or applicant
shall submit evidence to the Township that shows the landowner's or
applicant's proposed boundary, and provided justification for the
proposed boundary change.
(2)
The Township Engineer and/or other advisors
selected by the Board of Supervisors shall evaluate all material submitted
and provide a written determination within 45 days to the Board of
Supervisors, Township Planning Commission, and landowner or applicant.
(3)
Any party aggrieved by any such determination or other decision or determination under this section may appeal to the Zoning Hearing Board under the provisions of Article XIX of this chapter. The party contesting the location of the boundary shall have the burden of proof in case of any such appeal.
G.
Inspection and application of Riparian Corridor Conservation
District.
(2)
The District may also be inspected periodically
by the Zoning Officer and/or other representatives designated by the
Board of Supervisors to determine compliance with an approved restoration
plan or at any time when the presence of an unauthorized activity
or structure is brought to the attention of Township officials.
H.
Management of the Riparian Corridor Conservation District.
A Riparian Corridor Management Plan shall be developed:
(1)
When required by Chapter 350, Subdivision and Land Development, of the Land Use Code of the Township of East Brandywine, consistent with the requirements therein;
(2)
As a condition of approval for a proposed a) special exception or variance or b) conditional use, when deemed appropriate by the Zoning Hearing Board or Board of Supervisors, respectively; such plan shall be prepared in accordance with the requirements of Chapter 350, Subdivision and Land Development.
I.
Modifications to Riparian Corridor Conservation District standards.
[Added 3-3-2016 by Ord.
No. 02-2016]
(1)
For any use or activity subject to subdivision or land development review, as part of applicable plan submission, modification(s) may be requested to the provisions of § 399-13.1B, C(1) and C(1)(a) of this article. Requested modification(s) may be granted at the discretion of the Board of Supervisors pursuant to the provisions of the Subdivision and Land Development Ordinance.
(2)
For any use or activity not subject to subdivision or land development review, but subject to application for approval of a conditional use, special exception, or zoning variance under the provisions of this subsection, the applicant may request modification(s) to the provisions of § 399-13.1B, C(1) and C(1)(a) of this article during the conditional use, special exception or Zoning Hearing Board process.
(3)
For any use or activity not falling within the scope of Subsection I(1) or (2), the applicant may request modification(s) to the provisions of § 399-13.1B, C(1) and C(1)(a) of this article in the form of an application for grant of a special exception by the Zoning Hearing Board. Such applications shall be submitted to the Planning Commission for review and comment prior to formal special exception application to the Zoning Hearing Board.
(4)
Applicants shall provide appropriate documentation in support
of their modification request, and the Board of Supervisors or Zoning
Hearing Board (as applicable) may request additional documentation
of an applicant, or of its municipal consultants, to help reach its
decision.
(5)
In consideration of approval of any applicant request for modification(s)
under this article, the following standards shall serve as the basis
for a decision:
(a)
That there are unique physical circumstances or conditions,
including but not limited to irregularity, narrowness, or shallowness
of lot size or shape, excessive frontage along a water body, presence
of existing buildings or structures, or exceptional topographical
or other physical conditions peculiar to the particular property,
that because of such physical circumstances or conditions, it is impracticable
for the property to be developed in strict conformity with the buffer
requirements of this article and that the approval of the modification
is therefore necessary to enable the reasonable use of the property
under base zoning provisions.
(6)
No alteration of the use regulations set forth in § 399-13.1C(1)(b) and (c), C(2), and D shall be authorized as modification pursuant to this section. Any such requested alteration shall constitute an application for a variance, meeting all applicable requirements for same, to be submitted to the Zoning Hearing Board.
A.
Intended purposes. The purposes of this section are
as follows:
(1)
To promote the public health, safety and welfare by
the protection of steep slope areas and by encouraging the retention
of open space located and designed so as to constitute a harmonious
and appropriate part of the physical development of East Brandywine
Township.
(3)
To limit soil erosion and the resultant destruction
of the land, siltation of streams, and damage to the property of individuals.
(4)
To protect low-lying areas from flooding by limiting
the increase in stormwater runoff caused by grading of sloped areas,
changes of ground cover, or the erection of structures.
(5)
To maintain the ecological integrity and habitat value
of steeply sloped areas, i.e., indigenous vegetation and wildlife,
which could be adversely affected by otherwise permitted disturbances.
(6)
To allow the continuing replenishment of groundwater
resources and the maintenance of springs.
B.
General provisions.
(1)
Compliance. No area within the Steep Slope Conservation
District shall hereafter be used without full compliance with the
terms of this section and other applicable regulations.
(2)
The Steep Slope Conservation District shall be deemed
an overlay on any zoning district(s) now or hereafter enacted to regulate
the use of land in East Brandywine Township. The basis for determining
the area contained within the Steep Slope Conservation District shall
be that area shown as 15% or greater slope on a topographic survey
of the subject property, prepared on behalf of the applicant by a
surveyor or engineer licensed to practice in Pennsylvania. When approved
by the Township, the area shown as 15% or greater slope may be based
on area delineated as such on the United States Geological Survey
Topographic Maps of the Regional Base Map Series of 1975 for the Wagontown
and Downingtown Quadrangles.
[Amended 3-4-2010 by Ord. No. 03-2010]
(a)
The Steep Slope Conservation District shall
have no effect on the permitted uses in the underlying zoning district,
except where said uses are intended to be located within the boundaries
of the Steep Slope Conservation District, as defined herein, and said
uses are in conflict with the permitted uses set forth in this section.
(b)
In those areas of the Township where the Steep
Slope Conservation District applies, the requirements of the Steep
Slope Conservation District shall supersede the requirements of the
underlying zoning district(s).
(c)
Should the Steep Slope Conservation District
boundaries be changed as a result of legislative or administrative
actions or judicial decision, the zoning requirements applicable to
the area in question shall revert to the requirements of the underlying
zoning district(s) without consideration of this section.
(d)
For any parcel or any part thereof on which
the Steep Slope Conservation District is an overlay, should the underlying
zoning classification(s) be changed as a result of legislative or
administrative actions or judicial decision, such change(s) in classification
shall have no effect on the boundaries of the Steep Slope Conservation
District, unless an amendment to said boundaries was included as part
of the proceedings from which the subsequent change(s) originated.
(3)
Preservation of other restrictions. It is not intended
by this section to repeal, abrogate, or impair any existing easements,
covenants, or deed restrictions. However, where this section imposes
greater restrictions, the provisions of this section shall prevail.
(4)
Municipal liability. Any determination that a proposed
use complies with this chapter, or any approval of a subdivision or
land development plan, or any issuance of a building permit within
or near the Steep Slope Conservation District shall not constitute
a representation, guarantee, or warranty of any kind by the Township,
or by any official or employee thereof, of the practicability or safety
of the proposed use and shall create no liability upon the Township,
its officials or employees. This chapter does not imply that areas
outside the Steep Slope Conservation District boundaries or land uses
permitted within said district will always be totally free from the
adverse effects of erosion, or other effects of nearby steep slopes.
C.
Designation and interpretation of district boundary.
[Amended 3-4-2010 by Ord. No. 03-2010]
(1)
The
Steep Slope Conservation District consists of any area which is delineated
as a slope of 15% or greater on the applicant's topographic survey.
Unless otherwise approved by the Township, the topographic survey
shall delineate contours at two-foot intervals and the minimum area
of steep slope shall be:
(2)
Where
the subject property contains any area of steep slope in excess of
25%, such area shall be delineated and distinguished from the balance
of the Steep Slope Conservation District area.
(3)
Boundary
interpretation and appeals procedure.
(a)
Each application for construction or land disturbance within the Steep Slope Conservation District shall be submitted in accordance with Subsection E(1) below. Any area of the Steep Slope Conservation District that falls within the subject lot or lots shall be interpolated and shown by the applicant on the site plan required under Subsection E(1)(a)[1] through shading of such area or areas; any area of slope in excess of 25% shall be delineated separately. The site plan shall contain a certification by the registered surveyor or engineer having prepared the plan as to the accuracy of the slopes as depicted on the plan.
(b)
Where the exact location of the boundaries of the district in relation
to a given parcel is in question, the applicant's topographic survey
may be supplemented by any other documentation deemed pertinent. The
Township Engineer shall evaluate all such material submitted and make
a written report of the results of his determination, a copy of which
shall be provided to the Board of Supervisors.
(c)
Any party aggrieved by any such determination of the Township Engineer
or other decision or determination under this section may appeal to
the Hearing Board. The burden of proof, as demonstrated by clear and
convincing evidence, shall be on the appellant.
D.
Permitted uses.
(1)
Standards applicable to all uses within the Steep
Slope Conservation District.
(a)
All grading shall be minimized, and no grading
shall be undertaken within any area of the Steep Slope Conservation
District except where approved in conjunction with a use permitted
under the terms of this section.
(b)
Finished slopes of all cuts and fills shall
be stabilized, and shall be no steeper than 25%.
(c)
All lands within the Steep Slope Conservation District that are in excess of 25% slope shall remain in an undisturbed, natural condition. No uses or activities otherwise permitted within the district, as stipulated in Subsection D(2) and (3) below shall be permitted within areas exceeding 25% slope.
(2)
Uses permitted as of right. The following are the
only uses permitted as of right within the Steep Slope Conservation
District. Such uses also shall be in compliance with the base zoning
district and all other applicable provisions of this chapter.[1]
(a)
Parks and outdoor recreational uses, consistent
with the goals of watershed protection.
(b)
Grading for the minimum portion of a driveway
necessary to access a single-family dwelling when it can be demonstrated
by a professional engineer on behalf of the applicant that no other
routing which avoids slopes exceeding 20% is feasible.
(c)
Accessory uses (excepting swimming pools) necessary
for the operation and maintenance of the above permitted uses.
(3)
Uses by special exception. Any of the following uses shall be permitted within the Steep Slope Conservation District as a special exception when authorized by the Zoning Hearing Board, subject to the requirements of this section and § 399-145 of this chapter. In making its determination, the Board shall give particular consideration to the criteria and standards in Subsection E(2) below.
(a)
Single-family detached dwellings, when permitted
in the underlying district.
(b)
Any road necessary to provide primary access to a use permitted by this chapter, when no practical alternative exists in an area of lesser slope. A statement shall be provided by an engineer, on behalf of the applicant, that no practical access alternative exists. Any such road shall be constructed according to the standards of Chapter 350, Subdivision and Land Development.
(c)
Sealed public water supply wells and associated water lines
and meters and individual private water wells and associated water
lines and meters serving only the principal use on the same property,
where approved by all regulatory agencies.
[Amended 10-1-2015 by Ord. No. 07-2015]
(d)
Sanitary or storm sewers or individual on-site
sewage facilities, where approved by all regulatory agencies.
[Amended 3-4-2010 by Ord. No. 03-2010]
(4)
On any lot containing an area or areas within the
Steep Slope Conservation District, the total amount of impervious
surface that may be installed or maintained within the total area
or areas of the Steep Slope Conservation District shall not exceed
50% of the maximum amount of impervious surface permitted for such
use on any lot in the underlying base zoning district. Provision shall
be made and approved by the Township Engineer for control of runoff
from impervious surfaces to prevent erosion.
E.
Administration. Administration of this section is governed by Article XVIII of this chapter. In addition, the following requirements shall apply:
(1)
Application procedures.
(a)
Before a permit is issued for any construction
or land disturbance activity on land within or affecting the Steep
Slope Conservation District, the following material, in full or in
pertinent parts, shall be submitted for review by the Township Engineer:
[1]
An earthmoving plan of the property which includes
existing grades, with contour lines at two-foot intervals unless otherwise
approved by the Township. Proposed grades within the area of any proposed
activity, disturbance, or construction also shall be shown. All areas
within the Steep Slope Conservation District shall be shaded accordingly.
In addition, where the property contains any area of steep slope in
excess of 25%, such area shall be delineated and distinguished from
the balance of the Steep Slope Conservation District Area.
[Amended 3-4-2010 by Ord. No. 03-2010]
[2]
A site plan indicating existing and proposed
structures, on-site sewage facilities, on-site water supply wells,
other impervious surfaces, storm drainage facilities, and retaining
walls. The site plan also shall locate and identify existing vegetation
and ground cover within areas of the Steep Slope Conservation District,
as well as proposed landscaping material to be installed.
[3]
Architectural plans, elevations, and sections.
[4]
A statement, signed and sealed by a registered
architect or engineer, explaining the building methods to be used
in overcoming foundation and other structural problems created by
slope conditions, preserving the natural watersheds, and preventing
soil erosion and excessive surface water runoff to neighboring properties
and/or streets.
[5]
An erosion and sedimentation control and drainage
plan, prepared by an engineer, as it applies to all site disturbance
activities including maintenance of the erosion and sedimentation
control structures. The drainage plan shall show all drainage features
and structures, with supporting calculations documenting how all on-site
stormwater runoff will be retained, conveyed, and discharged.
[6]
Plan, profile, and typical cross-sections of
any proposed street, emergency access, or driveway, with the seal
of a registered professional engineer thereon.
[7]
A statement, signed by the owner or future occupant
at the time of subdivision, land development, or building permit application,
that there is a full understanding of any difficulties associated
with access stemming from steep slopes.
(b)
No approval or building permit shall be authorized
by the Zoning Officer, and no special exception shall be granted by
the Zoning Hearing Board, without the Township Engineer's review of
this material and his recommendation thereon.
(2)
Additional criteria for review of special exceptions.
In evaluating any application for special exception, the Zoning Hearing
Board shall evaluate the consistency of the proposal with the following
criteria:
(a)
In addition to the prohibition of disturbance to areas in excess of 25% slope, as stipulated in Subsection D(1)(c) above, disturbance to other particularly sensitive features of the site shall be avoided; special emphasis in planning for the site should be given to the protection of:
(b)
Disturbance shall be avoided where the length
or area of steep slope, both on the site and on adjacent lands within
200 feet of the site, is extensive.
(c)
The proposed development, any impervious ground
cover, and the resultant disturbance to the land and existing vegetative
cover will not cause runoff and/or related environmental problems
off the site.
(d)
Removal of, or disturbance to, existing vegetation
on the site shall be minimized. The proposed impacts on existing vegetation
shall be evaluated in terms of the potentially detrimental effects
on slope stability, erosion potential, transpiration and recharge
of stormwater, aesthetic and traditional characteristics of the landscape,
and existing drainage patterns. Mitigation measures may be required
by the Board as it deems appropriate.
(e)
Important visual qualities of the site shall,
to the maximum extent feasible, be retained; in addition to vegetation,
these may include hilltops or ridgelines, rock outcroppings, and the
natural terrain and contours of the site.
(f)
Road construction shall follow the natural topography,
with cuts and grading minimized.
(g)
Innovative, imaginative building techniques
that are well-suited to slope conditions shall be encouraged, consistent
with other applicable codes and regulations.
(h)
The equilibrium of the slope, as characterized
by the existing interrelationships among the soil, water, and vegetation,
shall be disturbed as little as possible.
A.
Water hazard soils control.
(1)
Purpose. The purpose of this section is to protect the public safety, health, and welfare by controlling the permitted uses in areas of the Township where water hazard soils, as defined in § 399-9 of this chapter, occur and where such areas are not contained within any designated Floodplain District as established in § 399-13 of this chapter.
(2)
Water Hazard Soils Overlay District.
(a)
Areas within the Township composed of water hazard soils (i.e., Worsham, Wehadkee, and Chewacla) as shown on the Hydrology Map contained in the Township Comprehensive Plan of 1987, as amended, and that are not contained within any designated Floodplain District as established in § 399-13 of this chapter shall comprise and have the effect of an overlay district on the Township Zoning Map and the provisions of this section shall be supplemental to the applicable provisions with respect to the underlying district.
[Amended 6-15-1999]
(b)
In the event of a conflict between the requirements
of this section and other provisions of this chapter and other applicable
laws and regulations, the more restrictive provisions shall apply.
(3)
Permitted uses. The following uses and no other shall
be permitted within any portion of the Water Hazard Soils District
comprised of Worsham, Wehadkee, and/or Chewacla soils, provided that
such uses comply with the provisions of the underlying zoning district
and all other applicable provisions of this chapter:
[Amended 6-15-1999]
(a)
Any use permitted under the terms of § 399-13F(1) and (2).
(b)
Accessory uses as permitted by this chapter
in the R-1, R-2, and R-3 Residential Districts.
(c)
Private driveways, provided that the Township
Zoning Officer, in consultation with the Township Engineer, determines
that no other access route is reasonably practical, and subject to
such conditions and controls as may be reasonably required by the
Township.
(4)
Boundary dispute. Where the exact location of the boundary of the Water Hazard Soils District in relation to a given parcel is in question, the Township Engineer shall evaluate all materials submitted, conduct such other investigations as necessary, and make a written report of the results of his determination, a copy of which shall be provided to the Board of Supervisors. Any party aggrieved by such determination of the Township Engineer may appeal to the Zoning Hearing Board under the provisions of Article XIX of this chapter. The burden of proof, as demonstrated by clear and convincing evidence, shall be on the appellant.
[Amended 6-15-1999; 12-30-2004 by Ord. No. 04-18]
B.
Wetlands.
(1)
Need and basis for delineation.
[Amended 12-30-2004 by Ord. No. 04-18]
(b)
The existence of wetlands shall be indicated by any one or more
of the following:
[1]
National Wetlands Inventory mapping, as prepared by the U.S.
Fish and Wildlife Service or any other governmental agency having
jurisdiction;
[2]
Hydric soils or soils with hydric inclusions, as depicted in
the Soil Survey of Chester and Delaware Counties and/or in USDA NRCS
Hydric Soils Lists; and
[3]
The existence of hydrophytic vegetation or hydrologic conditions,
as determined by on-site investigations performed in accordance with
the Federal Manual for Identifying and Delineating Jurisdictional
Wetlands dated January 10, 1989, or as later amended.
(2)
Determination of wetland boundary.
[Added 12-30-2004 by Ord. No. 04-18[1]]
(a)
Examination of the site shall be performed by a qualified professional,
who may be a licensed professional engineer, hydrogeologist, soil
scientist, or similarly qualified party experienced in wetland ecology,
selected by the applicant.
(b)
Note of determination that wetlands are not located on the site.
[1]
If, after examination of the site, a qualified professional
determines that wetlands are not located on the site, the following
note must appear on the plan or application being submitted:
|
"This site has been examined by [name and address], a qualified
professional, and no wetlands were found to exist."
|
[2]
Submissions containing this note must be accompanied by a written
statement, signed by the examining professional and attesting to the
fact that the site was examined in accordance with the Federal Manual
for Identifying and Delineation Jurisdictional Wetlands, dated January
10, 1989, or as later amended, and no wetlands were found to exist.
In addition, a written statement of the qualifications of the professional
who examined the site shall accompany the submission.
(c)
Should the Township suspect that wetlands exist on the site, contrary to the applicant's findings as documented in Subsection B(2)(b), above, the Township shall, at its discretion, request that either the U.S. Army Corps of Engineers, Pennsylvania Department of Environmental Protection, the U.S. Fish and Wildlife Service, or a qualified professional selected by the Township review the applicant's findings and the basis for the Township's concerns. In the event it is determined that wetlands exist on the site, the applicant will be required to perform a delineation in compliance with the requirements of Subsection B(2)(d), below, and secure any required wetlands permits or waivers pursuant thereto. All costs associated with work necessitated by the terms of this subsection shall be borne by the applicant.
(d)
If, after examination of the site, a qualified professional
determines that wetlands do exist on the site, a plan shall be submitted
to the Township showing the delineation, indicating how the wetlands
will be protected, and indicating any areas where disturbance cannot
be avoided. The qualifications of the professional who examined the
site shall accompany the submission.
(e)
Should the Township Engineer or other qualified professional
engaged by the Township to review the applicant's plan dispute the
delineation performed by the applicant, the Township Engineer or qualified
professional and the applicant may, through joint site inspections,
arrive at a mutually agreeable boundary. All costs associated with
work necessitated by the terms of this subsection shall be borne by
the applicant. At no time shall the Township be held accountable for
any additional boundary modifications imposed by state or federal
agencies. The results of all joint site inspections shall be reported
to the Planning Commission and Board of Supervisors.
(f)
Should the applicant and Township not agree on a delineation,
the applicant may appeal to the appropriate regulatory agencies, including
but not limited to the U.S. Army Corps of Engineers, the Pennsylvania
Department of Environmental Protection, and the U.S. Fish and Wildlife
Service, for boundary confirmation. On the basis of the confirmed
delineation, the applicant shall secure the requisite wetlands permits
or waivers pursuant thereto from the appropriate regulatory agencies.
(g)
All potential impacts on wetlands from the proposed activity
shall be addressed in compliance with applicable regulations. Where
wetlands exist and disturbance permits and/or mitigation activities
are required, final plan approval or issuance of applicable permits
from the Township shall be contingent upon the applicant receiving
all necessary wetlands permits or waivers pursuant thereto, and/or
the approval of the Township Engineer.
(3)
In no case shall wetland areas be filled or drained,
nor shall sewer lines or other liquid transport pipelines be constructed
in such areas, except to cross a wetland on the minimum traversal
distance and then only if every precaution is taken to prevent leaks
and to prevent any possible draining of the wetland.
(4)
Any road proposed to cross a delineated wetland must:
(a)
Clearly be providing access which is impossible
from any other location;
(b)
Be designed and constructed to cause minimum
disruption of the wetland area; and
(c)
Have a plan for the establishment of replacement
wetland areas (on or off the site) that are twice the size of those
lost to the road, or that will otherwise comply with applicable mitigation
requirements imposed by the U.S. Army Corps of Engineers or the Pennsylvania
Department of Environmental Protection.
[Amended 5-1-1996; 11-15-2000]
Lot area for sewage disposal systems shall be in accordance with the criteria of the Pennsylvania Department of Environmental Protection and the Chester County Health Department, and shall further comply with the definitions of "lot area, gross" and "lot area, net" contained in Article II of this chapter.
A.
Conservation of woodlands and other vegetation.
(1)
The purpose of these standards shall be 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 promote the health, safety and welfare of the
citizens.
(2)
During the site preparation and development process,
disturbance to the following shall be minimized:
(a)
Healthy, well-stocked woodlands. In instances
where disturbance or tree-cutting is unavoidable or considered desirable
in accordance with sound forest management practice, an effort shall
be made, with consultation from a forester or another qualified professional,
to retain as much of the woodland as possible, of a size and configuration
which would promote its growth and natural regeneration.
(b)
Vegetation, other than woodlands, providing
wildlife food and cover or visual amenity. This may include, but not
necessarily be limited to, single or groups of specimen trees, hedgerows,
and other vegetation not considered as woodland. Particular attention
shall be directed toward the protection of specimen trees.
(3)
Disturbance or removal of vegetation occupying environmentally
sensitive areas shall be undertaken only when necessary and on a limited,
selective basis to minimize the adverse impacts of such actions. This
shall include but not necessarily be limited to vegetation performing
important soil stabilizing functions on floodplains, stream and pond
banks, and sloping lands.
B.
Conservation practices during site preparation.
(1)
Protection of vegetation from mechanical injury.
(a)
All woody vegetation to be retained within 25
feet of a building site, parking area, or other proposed improvement
shall be protected from equipment damage by snow fencing or other
effective barrier.
(b)
Heavy equipment operators shall minimize damage
to existing tree trunks and root systems. Roots shall not be cut or
disturbed within the area circumscribed by the dripline of any tree.
(c)
Tree trunks and exposed roots damaged during
construction shall be protected from further damage by fencing or
other structural barrier. Treatment of damaged areas shall be dictated
by the nature of the injury, e.g., damaged bark should be cut back
to a point where the bark is intact and tight to the tree; exposed
roots shall be cleaned up and covered with topsoil.
(d)
Trees shall not be used for roping, cables,
signs, or fencing. Nails and spikes shall not be driven into trees.
(e)
The area around the base of existing woody vegetation
shall be left open. No storage of equipment, materials, debris, or
fill shall be allowed within the dripline of any existing tree.
[Amended 5-1-1996]
(2)
Protection of vegetation from grading change. Grade
changes to occur at any location on the property shall not result
in an alteration to soil or drainage conditions which would adversely
affect existing vegetation to be retained following site disturbance,
unless adequate provisions are made to protect such vegetation and
its root systems.
(3)
Protection of vegetation from excavations.
(a)
When digging trenches for utility lines or similar
uses, disturbance to the root zones of all woody vegetation shall
be minimized.
(b)
If trenches must be excavated in the root zone,
all disturbed roots shall be cut as cleanly as possible. The trench
shall be backfilled as quickly as possible, avoiding soil compaction.
(4)
Protection during cleanup. Fences and barriers placed
around woody vegetation during construction shall be removed if they
could impede the growth and maintenance of such vegetation.
A.
On any tract where permanent open space is to be retained,
the applicant shall, wherever possible and in conformance with other
applicable ordinances, include in such open space those agriculturally
suited soils whose acreage, configuration, and location offer future
opportunity for agricultural use.
B.
In the siting of individual structures on lots, areas
of agriculturally suited soils should be left free of structures or
paving whenever possible, to allow opportunities for gardens and other
agricultural uses.
A.
No topsoil shall be removed from a site unless a sufficient
amount is retained to provide at least four inches of topsoil cover
over all of the site's exposed earth surfaces. More than four inches
may be required if the Township determines that a greater amount is
needed for the long-term viability of certain plantings.
B.
Topsoil removed by grading operations shall be redistributed
and stabilized as quickly as possible following the completion of
a project or project phase. All exposed earth surfaces shall be stabilized
by the following methods or approved equal:
(1)
Seeding or planting on slopes less than 10%.
(2)
Sodding, hydro-seeding, or rip-rap on slopes exceeding
10%.
(3)
Grading and earthmoving operations shall be scheduled
to minimize site disturbance during the period November 15 to April
1 (when revegetation of exposed ground surfaces is difficult).
