The supplementary regulations in this article supplement the requirements of Articles
IV through
IX governing each zoning district and shall apply to all uses in all zoning districts.
The following standards shall apply to all permitted
uses, conditional uses and uses by special exception in all zoning
districts. In order to determine whether a proposed use will conform
to the requirements of this chapter, the Board of Supervisors or Zoning
Hearing Board may require a qualified consultant to testify, whose
cost for services shall be borne by the applicant.
A. Environmental performance standards. All properties
shall be subject to the following environmental performance standards:
(1) Floodplains. All areas identified as flood-prone by
the Federal Insurance Administration of the Department of Housing
and Urban Development shall be subject to the regulations of the Township
Floodplain Management Ordinance No. 83-2, as amended.
(2) Steep slopes. Steep slopes in excess of 25% may be
disturbed by grading, alteration or removal of vegetation only if
a geotechnical report prepared by a civil engineer registered in the
Commonwealth of Pennsylvania with experience in geotechnical engineering
is submitted that indicates the following:
(a)
The finished slopes after excavating or grading
will be stable and will not create hazards for adjoining property
from erosion, sedimentation or stormwater runoff.
(b)
The foundations of any structures proposed to
be erected in any natural steep slope areas or any steep slope areas
that have been disturbed will be structurally sound, including recommendations
for special foundation design, if warranted.
(c)
Restoration of all slopes from which cover has
been removed shall be finished and seeded within a reasonable time
after such clearance activity. The phrase "a reasonable time" shall
mean within 30 days after grading and/or construction activities are
completed, unless those activities are completed between November
1 and April 1. In such cases, the required seeding or sodding shall
occur by May 1. In all cases, erosion and sedimentation control measures
shall be maintained on the site until replacement cover can be accomplished.
(3) Areas with adverse subsurface conditions.
(a)
On sites where there is a history of adverse
subsurface conditions or where available soils information or other
geotechnical data indicates the potential for landslides, subsidence
or other subsurface hazards, a geotechnical report by a qualified
registered professional engineer shall be submitted regarding soil
and subsurface conditions and the probable measures needed, if any,
to be considered in the design of the development and its infrastructure,
the location of structures and the design of foundations.
(b)
The geotechnical report shall provide, at a
minimum, the following information. Any site-specific issues identified
by the applicant's geotechnical engineer, not specifically listed
below, shall be addressed in the geotechnical study.
[1]
Foundation-bearing materials and associated
settlement
[2]
Fill embankment base preparations, support,
maximum allowable slope, suitable borrow material and compaction requirements.
[3]
Maximum allowable slope and stability of cut
slopes.
[4]
Coal mining below the site, mine location and
amount of cover and measures to prevent mine subsidence, if required.
[5]
Presence and control of groundwater.
[6]
Identification of potentially expansive carbonaceous
materials or slag to be encountered in excavations and measures to
prevent their detrimental effects.
[7]
Delineation of on-site fill materials and their
impact on site development
[8]
Identification of subsurface conditions in all
areas where public infrastructure is proposed.
(c)
Geotechnical engineering reports shall be signed
and sealed by a professional engineer registered in the Commonwealth
of Pennsylvania.
(d)
The Township Engineer may require that the geotechnical
engineering report and site development drawings be reviewed by a
separate geotechnical engineering consultant selected by the Township.
The applicant required to submit the report shall be required to pay
for the cost of the independent consultant review.
B. Noise. The ambient noise level of any operation [other than those exempted in Subsection
B(4) below] shall not exceed the decibel levels prescribed. The sound pressure level or ambient level is the all-encompassing noise associated with a given environment, being a composite of sounds from any source, near and far. For the purpose of this chapter, ambient noise level is the average decibel level recorded during observations taken in accordance with the procedure specified below taken at any time when the alleged offensive noise is audible, including intermittent, but recurring, noise.
(1) Averaging may be done by instrument analysis in accordance
with American National Standard S1.13-1971 or may be done manually,
as follows:
(a)
Observe a sound level meter for five seconds
and record the best estimate of central tendency of the indicator
needle and the highest and lowest indications.
(b)
Repeat the observations as many times as necessary
to determine that there are decibels between the lowest low indication
and the highest high indication.
(c)
Calculate the arithmetical average of the observed
central tendency indications.
(2) No operation or activity shall cause or create noise
in excess of the sound levels prescribed below:
(a)
Residential districts. At no point beyond the
boundary of any lot within these districts shall the exterior noise
level resulting from any use or activity located on such lot exceed
a maximum of 60 dBA.
(b)
Business and industrial districts. At no point
on or beyond the boundary of any lot within these districts shall
the exterior noise level resulting from any use or activity located
on such lot exceed a maximum of 65 dBA.
(3) Where two or more zoning districts in which different
noise levels are prescribed share a common boundary, the most restrictive
noise level standards shall govern.
(4) The following uses or activities shall be exempted
from the noise regulations:
(a)
All agricultural uses by landowners on properties
located in the A, Agricultural, District.
(b)
Noises emanating from construction or maintenance activities
between 7:00 a.m. and 9:00 p.m. on weekdays, Monday through Friday.
[1]
On Saturdays, between 9:00 a.m. and 9:00 p.m.
[2]
On Sundays: no exemption.
(c)
Noises caused by safety signals, warning devices
and other emergency-related activities or uses;
(d)
Noises emanating from public recreational uses
between 7:00 a.m. and 10:00 p.m.
(5) In addition to the above regulations, all uses and
activities within the Township shall conform to all applicable county,
state and federal regulations. Whenever the regulations contained
herein are at variance with any other lawfully adopted rules or requirements,
the more restrictive shall govern.
C. Vibrations. Vibrations detectable without instruments
on neighboring property in any district shall be prohibited.
D. Glare. Lighting devices that produce objectionable
direct or reflected glare greater than one footcandle on adjoining
properties or public streets shall not be permitted.
E. Determination of compliance with performance standards.
During the review of an application for zoning approval, the applicant
may be required to submit data and evidence documenting that the proposed
activity, facility or use will comply with the provisions of this
section. In reviewing such documentation, the Township may seek the
assistance of any public agency having jurisdiction or interest in
the particular issues and the Township may seek advice from a qualified
technical expert. All costs of the expert's review and report shall
be paid by the applicant. A negative report by the technical expert
and the applicant's refusal or inability to make alterations to ensure
compliance with this section shall be a basis for denying approval
of the application.
F. Continuing enforcement.
(1) The Code Enforcement Officer shall investigate any
purported violation of the performance standards and, subject to the
approval of the Board of Supervisors, may employ qualified technical
experts to assist in the determination of a violation. Costs of the
services of such experts shall be paid by the owner or operator of
the facility or use accused of the violation, if the facility or use
is found to be in violation. If the facility or use is found to be
in compliance with the performance standards, said costs shall be
borne by the Township.
[Amended 5-16-2012; 5-21-2014]
(2) If the facility or use is found to be in violation, the owner or operator shall be given written notice of violation in accordance with §
410-130 of this chapter, indicating a reasonable length of time to correct the violation. Failure to correct the violation shall be subject to the penalty provisions of this chapter and shall result in the revocation of the certificate of occupancy for the facility or use.
In addition to the yard requirements specified
in each zoning district, the following yard requirements shall apply
in all zoning districts to the applicable circumstances described
below.
A. Corner lots. Corner lots shall provide front yards
on each street frontage. The remaining two yards shall constitute
side yards.
B. Nonconforming lots of record. See §
410-115.
C. Accessory structures. In all zoning districts, the
following regulations shall apply to accessory structures:
(1) Private swimming pools and associated decks and patios
accessory to a dwelling.
(a)
Swimming pools accessory to a dwelling shall
be located at least 15 feet from the rear property line. Swimming
pools accessory to a dwelling shall not be permitted in the minimum
required front yard or in the minimum required side yard.
(b)
All swimming pools shall be enclosed by a continuous
fence or wall not less than four feet in height with a self-closing,
self-latching gate designed to prevent access to the pool when it
is not in use. The dwelling may be part of the enclosure.
(c)
In the case of an aboveground pool, when any
point on the top circumference of the pool is less than four feet
above the adjacent ground level, the entire pool shall be enclosed
by a continuous fence or wall not less than four feet in height with
a self-closing, self-latching gate. Any aboveground pool that is at
least four feet above the adjacent ground level around the entire
top circumference of the pool shall not be required to be fenced,
provided the pool has a retractable ladder or steps that is kept retracted
when the pool is not in use.
(2) Private sports courts accessory to a dwelling. Sports
courts accessory to a dwelling shall be located only in a side or
rear yard and shall be no closer to the side or rear property line
than 15 feet. Lighting of the sports court shall not be permitted.
All sports courts shall be enclosed by a fence that is a minimum of
10 feet in height and a maximum of 12 feet in height and that shall
contain openings equal to 50% or more of the surface area of the fence.
The area of the sports court shall not exceed 50% of the total area
of the rear yard.
(3) Fences.
(a)
No fence in any zoning district shall be constructed
in any public street right-of-way. Fences accessory to single-family
dwellings in the R-1, R-2 and V Districts shall be installed so that
the finished side faces the adjoining property.
(b)
All fences shall be located so as to not obstruct pedestrian access, visibility for traffic on adjacent streets or traffic entering or leaving the property or adjacent properties, and shall comply with the clear sight triangle required by §
410-87D.
(c)
Fences accessory to a farm shall be exempt from
these regulations, and no permit shall be required for farm fences.
(d)
In the R-1, R-2 and V Districts, fences shall
be located a minimum of 24 inches from any property line.
(e)
In the R-1, R-2 and V Zoning Districts, a privacy
fence (a fence that has openings that comprise less than 10% of the
total surface area of the fence) may be erected behind the rear wall
of the dwelling to screen a patio, deck or swimming pool, provided
the following requirements are met:
[1]
The maximum height of the fence shall not exceed
six feet.
[2]
The fence is attached to the rear wall of the
dwelling.
[3]
The fence does not encroach into the minimum
required side yard.
[4]
The fence is located at least 20 feet from the
rear property line.
(f)
In the R-1, R-2 and V Zoning Districts, a security
fence (a fence that has openings that comprise no less than 25% of
the surface area of the fence, including, but not limited to, board
fences, picket fences, chain link fences and the like) may be erected
in the minimum required side or rear yard provided the maximum height
of the fence shall not exceed six feet.
(g)
In the R-1, R-2 and V Zoning Districts, a decorative
fence (a fence that has openings that comprise at least 75% of the
surface area of the fence, including, but not limited to, split rail
fences, wrought iron fences and the like, whose purpose is to contribute
to the landscaping and exterior design rather than enclose property)
may be permitted in the minimum required front yard. provided the
maximum height of the fence shall not exceed four feet and further
provided the fence does not form a continuous enclosure of the perimeter
of the front yard.
(h)
In the R-1, R-2, V and B Zoning Districts, barbed
wire fences and electrified fences shall not be permitted.
(i)
In the B and I Zoning Districts, the maximum height of a security fence shall be eight feet. Solid screening fences shall be permitted as otherwise provided for by this chapter to screen dumpsters, loading berths and outdoor storage areas in accordance with §§
410-83EE and
410-104A(4).
(4) Accessory storage structures and detached garages.
(a)
Storage structures accessory to a single-family
dwelling in any zoning district that have a floor area of 100 square
feet or less and that are not affixed to a permanent foundation are
exempt from obtaining a zoning certificate and shall not be subject
to the setback requirements for accessory storage structures.
(b)
In the A District, storage structures and other
accessory structures, including detached garages, may be located in
the minimum required front, side or rear yards, provided they are
at least 10 feet from any property line.
(c)
In the R-1 and R-2 Districts, accessory storage
structures that have a total floor area of 180 square feet or less
shall be located at least five feet from the rear property line and
shall be located at least 10 feet from a side property line but shall
not be located in any front yard. All accessory storage structures
that have a total floor area in excess of 180 square feet and all
detached garages shall not be located in the required front yard,
required rear yard or required side yards.
(d)
In the V and B Districts, accessory storage
structures that have a total floor area of 180 square feet or less
shall be located at least three feet from the side or rear property
line but shall not be located in any front yard. All accessory storage
structures that have a total floor area in excess of 180 square feet
and all detached garages shall not be located in the required front
yard, required side yards or required rear yard.
(e)
In the I District, storage structures and other
accessory structures shall be located at least 20 feet from the side
or rear property lines and shall not be located in any required front
yard.
D. Visibility at intersections. No object, including,
without limitation, fences, hedges, trees and other plantings, buildings,
structures, walls, signs and motor vehicles, exceeding a height of
three feet as measured from the lowest elevation of the center line
of any abutting street, shall be temporarily or permanently placed,
erected, installed or parked within the clear sight triangle required
on a corner lot. The required clear sight triangle on a corner lot
shall be determined as follows: The street lines abutting the corner
lot shall form the legs of the clear sight triangle. Each of the legs
shall extend a distance of 30 feet from the point of intersection
of the street lines abutting the corner lot. The hypotenuse of the
clear sight triangle shall be formed by drawing a straight line joining
the legs at their farthest point from the vertex of the triangle.
(See illustration in Appendix A.)
The following shall be permitted to project
into any required yard in any zoning district as follows:
A. Typical architectural features, including, but not
limited to, bay windows, window sills, chimneys, cornices and eaves,
shall be permitted to project into required yards no more than 18
inches.
B. Decks and their stairs and unenclosed porches without
enclosed habitable foundation and without a roof shall be permitted
to project into required front and side yards no more than three feet
and shall be located no closer to the rear property line than 20 feet.
C. Steps attached to the principal building and open
fire escapes shall be permitted to project into required yards no
more than 36 inches.
The height limitations of this chapter shall
not apply to the following structures: Church spires, chimneys, elevator
bulkheads and other mechanical equipment that are part of the principal
structure, conveyors, flagpoles, silos, standpipes, elevated water
tanks, derricks, public utility structures, and other structures not
intended for human habitation that do not exceed the height limitations
of the zoning district by more than 15 feet.
All businesses that propose drive-through facilities,
as defined by this chapter, as accessory uses or principal uses shall
meet all of the following requirements:
A. The property shall have frontage on and direct vehicular
access to an arterial or collector street, as defined by this chapter.
B. In addition to the parking spaces required for the
principal use, a minimum of five standing spaces in one lane, with
a total length of 100 feet, in direct line with each window, stall
or service position, shall be provided for vehicles to wait in line.
The standing space shall not interfere with the use of any required
parking spaces and shall not inhibit the free flow of traffic on the
property. The standing spaces shall be designed so that waiting vehicles
shall not stand in any right-of-way or overflow onto adjacent properties,
streets or berms.
C. Entrances, exits and standing spaces shall be adequately
indicated with pavement markings and/or directional signs.
D. Parking areas and circulation patterns shall be adequately
striped and marked to facilitate traffic circulation on the property.
Temporary construction trailers, model homes
or sales offices shall be permitted in any zoning district subject
to the following conditions:
A. Temporary construction trailers shall be permitted
only during the period that the construction work is in progress under
a valid building permit or under Township approval to install public
improvements. The temporary construction trailer shall be removed
upon completion of the construction authorized under a building permit
or upon completion of the installation of the public improvements
in a plan of subdivision. In the event that construction is phased,
the temporary construction trailer shall be moved from the completed
phase to the next phase when 90% of the required improvements in the
completed phase have been installed as determined by the Township
Engineer.
B. Model homes or sales offices shall be permitted only
until 90% of the lots or dwelling units in the development are sold.
In the case of a phased development, the use of a model home or sales
office shall be permitted to continue only if the subsequent phase
is initiated within six months of the completion of 90% of the lots
or dwelling units in the prior phase.
C. A zoning certificate for the temporary structure or
use shall be obtained from the Code Enforcement Officer prior to the
commencement of construction and shall be renewed every six months.
[Amended 5-16-2012; 5-21-2014]
D. Temporary construction trailers shall be located on
the lot on which the construction is progressing and shall not be
located within 25 feet of any property line adjoining an existing
dwelling.
E. Temporary construction trailers shall be used only
as temporary field offices and for storage of incidental equipment
and supplies and shall not be used for any dwelling use whatsoever.
F. No combustible materials shall be stored in temporary
construction trailers.
G. Model homes shall be located on a separate lot and
shall meet all the requirements for permanent dwellings in the zoning
district in which they are located. Sales offices may be located in
a model home or may be located in a trailer located on a vacant lot
in the plan or on the site of construction. If the sales office is
located in a trailer, the trailer shall not be located within 25 feet
of any property line adjoining an existing dwelling.
H. Model homes or sales offices located in a trailer
shall not be utilized for any dwelling use whatsoever during the time
that they are being used as a temporary use or structure in accordance
with the provisions of this section.
I. Model homes or sales offices shall be used primarily
for sales associated with the development in which they are located
and shall not be used as the only place of business for the listing
realtor.
Agriculture, as defined herein, and garden nurseries,
greenhouses, stables and kennels, where authorized by this chapter,
shall be subject to the following requirements:
A. Storage of manure shall be located at least 200 feet
from any property line.
B. Any building used for the sheltering, nurturing, raising
or feeding of livestock and poultry shall be located at least 200
feet from any street line and from any adjacent landowner's well or
dwelling and not less than 100 feet from the landowner's well.
C. Concentrated animal operations shall be subject to
compliance with the PA Nutrient Management Act.
D. Greenhouse heating plants shall be at least 100 feet
from any property line. The retail sales area for a greenhouse shall
not exceed 1,000 square feet for every 10 acres of land farmed. The
growing area shall not be considered sales area.
E. The minimum lot area for keeping horses shall be five
acres. The minimum lot area for keeping horses shall not be less than
two acres per horse.
F. No stable shall be located within 200 feet of any
property line.
G. All grazing and pasture areas shall be adequately
fenced.
H. Outdoor kennels shall be located at least 300 feet
from any occupied dwelling on an adjacent lot and at least 200 feet
from any property line that adjoins an A, R-1, R-2 or V District.
When required, all new construction and additions
or enlargements of existing structures or facilities shall comply
with the most recent regulations for accessibility as specified in
the Americans with Disabilities Act (ADA).
A mobile home that is proposed to be used as
a single-family dwelling and is to be erected on an individual lot
of record outside a mobile home park shall meet the following requirements:
A. The lot shall meet all applicable requirements for
a single-family dwelling in the zoning district in which it is proposed
to be located.
B. The mobile home shall meet the specifications for
manufacture of mobile homes as set forth in the United States Standards
Institute, "Standards for Mobile Homes" USA Standard A119.1-1969,
NFPA No. 501B-1968, and any subsequent modification or amendment of
such standards.
C. The mobile home shall bear the seal of the U.S. Department
of Housing and Urban Development (HUD).
D. The mobile home shall be installed upon, and securely
fastened to, a frost-free foundation or footer and, in no event, shall
it be erected on jacks, loose blocks or other temporary materials.
E. An enclosure of compatible design and material shall
be erected around the entire base of the mobile home. Such enclosure
shall provide sufficient ventilation to inhibit decay and deterioration
of the structure.
F. The mobile home shall be connected to public water
and a public sewer system, if available. If not, the owner shall provide
a potable water supply from his own or an adjacent well and shall
provide an on-lot sewage disposal system that shall meet the standards
of the Pennsylvania Department of Environmental Protection (DEP).
G. Prior to occupancy, the mobile home shall be connected
to available utilities in order to provide the dwelling unit with
adequate heat and light.
H. Any garage, utility shed or other outbuilding constructed
on the lot shall conform with the standards applicable to such accessory
structures provided in this chapter.
In the A and R-1 Districts, retail sales of
agricultural products accessory to a farm or greenhouse shall be permitted,
subject to the following regulations:
A. All sales shall be conducted on the premises of a
farm or greenhouse, as defined and regulated by this chapter.
B. At least 50% of the gross sales shall be from products
raised, grown or produced on the farm or in the greenhouse. Products
not produced on the farm or in the greenhouse shall be an incidental
part of the business. Farm supplies may be sold as incidental items
to the business.
C. All permanent structures shall comply with the yard
requirements for principal structures in the A or R-1 Districts, whichever
is applicable.
D. Seasonal roadside stands may be located no closer
than 15 feet to any street right-of-way or property line, provided
they are removed at the end of each growing season.
E. Buildings used for retail sales of agricultural products
shall not exceed 1,000 square feet of sales floor area for every 10
acres of land farmed. No building used for agricultural products shall
exceed 5,000 square feet of sales area.
F. Off-street parking for permanent structures shall be provided in accordance with the requirements of §
410-103 for retail businesses. Off-street parking for permanent structures shall be designed in accordance with the requirements of §
410-102.
G. Off-street parking for seasonal roadside stands shall be designed in accordance with §
410-102; however, the requirements for surfacing, marking, screening and landscaping shall not apply.
H. Off-street parking for seasonal roadside stands shall be provided in accordance with the requirements of §
410-103 for retail businesses; however, in no case shall less than 10 spaces be provided.
I. Adequate ingress, egress and traffic circulation shall
be provided so that vehicles do not back onto the street right-of-way
and do not park or stand on any street or berm.
J. One nonilluminated freestanding sign shall be permitted
to announce the greenhouse or agricultural sales, provided the maximum
surface area of the sign shall not exceed 24 square feet, the height
of the sign shall not exceed eight feet, and the sign shall be located
no closer than 10 feet to any property line or street right-of-way.
No impact home based businesses, as defined
herein, shall comply with the following:
A. The business activity shall be compatible with the
residential use of the property and surrounding residential uses.
B. The business shall employ no employees other than
family members residing in the dwelling.
C. There shall be no display or sale of retail goods
and no stockpiling of inventory of a substantial nature.
D. There shall be no outside appearance of a business
use, including, but not limited to, parking, signs or lights.
E. No on-site parking of commercially identified vehicles
shall be permitted.
F. The business activity shall not use any equipment
or process that creates noise, vibration, glare, fumes, odors or electrical
or electronic interference, including interference with radio or television
reception, that is detectable in the neighborhood.
G. The business activity shall not generate any solid
waste or sewage discharge, in volume or type, that is not normally
associated with residential use in the neighborhood.
H. The business activity shall be conducted only within
the dwelling and shall not occupy more than 25% of the habitable floor
area of the dwelling.
I. The business shall not involve any illegal activity.
Forestry, as defined herein, shall be conducted
in accordance with the following provisions:
A. All operations shall be located at least 300 feet
from any existing dwelling.
B. All operations shall be discontinued between 7:00
p.m. and 7:00 a.m., provided further that such operations shall not
take place during any hours on Sundays or legal holidays.
C. Routes to be used by the hauling trucks shall be approved
by the Township, and the operator shall demonstrate that there shall
be no negative impact on Township streets from the proposed operation.
D. A performance bond shall be posted in favor of and
in an amount required by the Township to guarantee restoration of
Township streets used as hauling routes.
E. The applicant shall submit a copy of the state permit
for hauling on state roads.
F. The operator shall be responsible for cleaning dirt
and debris from public streets daily during the operation.
G. The applicant shall supply the Township with the name
of an on-site contact person.
H.
(1) The applicant shall show compliance with the following
laws and regulations of the commonwealth, and all necessary permits
shall be maintained during the operation:
(a)
Erosion and sedimentation control regulations
contained in Chapter 102, issued pursuant to the Pennsylvania Clean
Streams Law.
(b)
Stream crossing and wetlands protection regulations
contained in Chapter 105, issued pursuant to the Pennsylvania Dam
Safety and Encroachments Act.
(c)
Stormwater management plans and regulations
issued pursuant to the Pennsylvania Stormwater Management Act.
(2) Any suspension or revocation of a state permit shall constitute revocation of the zoning certificate, and the operator shall be subject to the enforcement provisions of §
410-130 of this chapter.
I. A logging plan prepared and sealed by a registered
surveyor shall be submitted that shows at a minimum:
(1) The design, construction, maintenance and retirement
of the access system, including haul roads, skid roads, skid trails
and landings;
(2) The design, construction and maintenance of water
control measures and structures such as culverts, broad-based dips,
filter strips and water bars;
(3) The design, construction and maintenance of stream
and wetland crossings, if any;
(4) The general boundaries of the proposed operation in
relation to Township and state streets, including any accesses to
those streets.
(5) The site location, including boundaries of the property
and boundaries of the proposed harvest area;
(6) Significant topographic features;
(7) The location of all earth-disturbance activities such
as roads, landings and water control measures and structures; and
(8) The location of all crossings of the waters of the
commonwealth.
J. Felling or skidding on or across any public street
is prohibited without the express written consent of the Township
or the Pennsylvania Department of Transportation (PennDOT), whichever
is responsible for maintenance of the street.
K. No tops of trees or debris shall be left within 25
feet of any private street providing access to adjoining residential
property or any public street.
L. No tops of trees or debris shall be left on any adjoining
property or across any property line without the consent of the adjoining
owner.
M. Upon completion of the forestry operation, haul roads
shall be restored to their original condition.
The following regulations shall apply to all
land in every zoning district that has steep slopes, undermined areas
or landslide-prone areas, as defined herein.
A. No construction on sites with undermined areas that
have less than 100 feet of overburden shall be permitted until the
applicant has submitted evidence prepared by a professional soils
engineer or geologist that the site is safe for the construction that
is proposed and/or recommendations for special construction techniques
will be implemented to protect the proposed structure(s) from subsidence
damage.
B. Steep slopes shall include those areas on the development
site having a slope of 25% or greater. All such slope areas shall
be calculated by the developer's engineer and shall be shown on the
preliminary plan submitted for approval of a subdivision or land development.
In reviewing the preliminary plan, the Township Engineer shall determine
compliance with the following regulations.
C. Steep slopes within the area of a lot intended for
construction of a single-family dwelling shall meet the following
requirements:
(1) The top or toe of the steep slope shall be located
at least 70 feet behind the front building line.
(2) If the steep slopes are altered by grading during
preparation of the lots for construction, the resulting finished slope
shall be 50% or less.
D. Steep slopes between 25% and 40% on any development
site may be disturbed by grading, alteration or removal of vegetation,
provided that a geotechnical report prepared by a civil engineer registered
in the Commonwealth of Pennsylvania with experience in geotechnical
engineering shall be submitted with the subdivision or land development
plan that indicates the following:
(1) Slide-prone soils do not exist in the area proposed
for grading, alteration or removal of vegetation.
(2) The finished slopes after excavating or grading will
be stable and will not create hazards for adjoining property from
erosion, sedimentation or stormwater runoff.
(3) The foundations of any structures proposed to be erected
in any natural steep slope areas or any steep slope areas which have
been disturbed will be structurally sound, including recommendations
for special foundation design, if warranted.
(4) Restoration of all slopes from which cover has been
removed shall be finished and seeded within a reasonable time after
such clearance activity. The phrase "a reasonable time" shall mean
within 30 days after grading and/or construction activities are completed,
unless those activities are completed between November 1 and April
1. In such cases, the required seeding or sodding shall occur by May
1. In all cases, erosion and sedimentation control measures shall
be maintained on the site until replacement cover can be accomplished.
E. Steep slopes in excess of 40% shall not be disturbed
by excavation, grading or removal of vegetation.
F. Landslide-prone areas shall not be disturbed by grading,
alteration or removal of vegetation, unless a geotechnical report
prepared by a civil engineer registered in the Commonwealth of Pennsylvania
with experience in geotechnical engineering verifies that the proposed
excavation or grading will be stable and will not create hazards for
adjoining property and that the foundations of any proposed structures
will be structurally sound, including recommendations for special
foundation design, if warranted.