[Added 4-9-1996 by Ord. No. 2-96]
In furtherance of the community development
objectives of this Zoning Ordinance, particularly relative to orderly
growth and the enhancement of environmental resources, it is the specific
intent of East Bradford Township through enactment of the Brandywine
Scenic River District to conserve the unique and sensitive natural
features, historic resources and visual attributes of the Lower Brandywine
Scenic River Corridor, as detailed in the Lower Brandywine Scenic
Rivers Evaluation and Management Study (November 1987) and formalized
through passage of Pennsylvania Act No. 1989-7.[1]
[1]
Editor's Note: See 32 P.S. § 820.121
et seq., the Lower Brandywine Scenic Rivers Act.
A.
The area to which the terms of the Brandywine Scenic
River District apply is that portion of East Bradford Township which
is contained within the Boundary of Study as shown on the map series
appended to the Lower Brandywine Scenic Rivers Evaluation and Management
Study (November 1987), and as further described and delineated in
this article and on the Scenic River Boundary Map dated October 23,
2009,[1] which serves as an overlay on the East Bradford Township
Zoning Map.[2]
[Amended 8-10-2010 by Ord. No. 2-2010]
B.
The boundary delineated on the BSR District Map is
intended to represent the ridge line which encloses the primary drainage
bowl of the streams comprising the scenic river corridor, i.e., the
east and west branches of the Brandywine River and Valley Creek, also
known as "West Valley Creek." The applicant also shall indicate the
location of pertinent ridge lines based upon actual topographic information
submitted in accordance with § 95-13G of the East Bradford
Township Subdivision and Land Development Ordinance.
C.
Boundary interpretation and appeals procedure.
(1)
Where the exact location of the boundary of
the BSR District in relation to a given parcel is in question, an
applicant may, as he deems pertinent, submit documentation to the
Township. The Zoning Officer shall evaluate all such material and
shall make a written report to the applicant on the results of his
determination, a copy of which shall be provided to the Board of Supervisors.
(2)
Any party aggrieved by any such determination
of the Zoning Officer may appeal to the Zoning Hearing Board. The
party contesting the location of the district boundary shall have
the burden of proof in the case of any such appeal.
A.
The Brandywine Scenic River District (BSR District)
shall be deemed an overlay on any base zoning district(s) now or hereafter
enacted to regulate the use of land in East Bradford Township, where
such base zoning district or any portion thereof lies within the boundary
of the BSR District.
B.
To the extent that they are in conflict, the requirements
of the BSR District shall supersede the requirements of the underlying
zoning district(s). No area within the BSR District shall hereafter
be used without full compliance with the terms of this article and
other applicable regulations.
C.
It is not the intent of this article to repeal, abrogate
or impair any existing easements, covenants or deed restrictions.
Where this article imposes greater restrictions, however, the provisions
of this article shall prevail.
A.
The BSR District shall not affect the uses permitted in the underlying base zoning district, except as noted in Subsection B below. However, the conduct of any permitted use shall be in conformance with the standards of this article regarding design and performance; such standards shall supersede the otherwise applicable requirements of this chapter, where those standards are in conflict.
B.
The following uses shall be prohibited within the
Brandywine Scenic River District:
(1)
Facilities for the collection, transfer or disposal
of solid waste or the disposal (including application to the land)
of sewage sludge.
(2)
Airport or heliport.
(3)
Storage or processing of spent mushroom compost.
(4)
Commercial composting operation.
(5)
Communication towers and similar structures.
Within the Brandywine Scenic River District,
those developments and uses to which the terms of this article apply
shall be designed and sited to achieve maximum compatibility with
existing site characteristics and to maximize conservation of sensitive
natural features, historic resources and visual attributes. The standards
and requirements of this article shall apply, as indicated herein,
on the basis of the type of subdivision or development proposed.
A.
Development of a single lot. Where a single-family
detached dwelling unit is proposed within the BSR District on a single
lot created through a subdivision approved prior to enactment of this
article, and such lot cannot be further subdivided under the terms
of the base zoning district, the development and design of such a
lot shall be permitted in accordance with the terms of the underlying
base zoning district and shall not be required to comply with the
terms of this article.
B.
Agricultural uses. Agricultural uses, including principal and accessory structures, shall be permitted in accordance with the terms of the underlying base zoning district and other applicable provisions of this chapter. In addition, such uses shall be required to comply with the terms of § 115-143A of this article.
C.
Nonresidential use. Where a tract is proposed for nonresidential use in accordance with the underlying zoning, development of such a tract shall be permitted in accordance with the terms of the underlying base zoning district and the requirements of this article, including the design standards contained in § 115-142, as applicable.
D.
Conventional development option. Where a tract within the underlying R-1, R-2 or R-3 District is proposed for subdivision into two or more lots under the conventional development option, the development and design of such a subdivision shall be permitted in accordance with the terms of the underlying district and the design standards contained in § 115-142 below.
E.
Open space development option.
(1)
Where a tract within the underlying R-1, R-2 or R-3 District is proposed for subdivision under the open space development option, and where approved by the Board of Supervisors as a conditional use, the development and design of such a subdivision shall be permitted in accordance with the terms of the underlying district, the provisions of § 115-49 and the design standards contained in § 115-142 below.
(2)
Two-family and multifamily dwellings shall not
be permitted under the open space development option within the BSR
District, except in conformance with all provisions applicable to
the BSR bonus option, whether or not bonus density is provided.[1]
[1]
Editor's Note: Former Subsection F, BSR bonus
option, which immediately followed this subsection, was repealed 11-25-1998
by Ord. No. 3A-1998. (Ordinance No. 3A-1998 readopted the text of
Ord. No. 3-1998 because of concern that Ord. No. 3-1998 was not properly
advertised before it was adopted on 10-13-1998.)
Except as otherwise noted herein, the following
design standards are applicable within the BSR District to any new
principal use and to the expansion, alteration, modification or reconstruction
of any existing use or structure for which a building permit is required:
A.
Siting in relation to BSR District boundaries. Land
disturbance and development governed by this article shall be located
on the basis of the following criteria, listed in order of Township
preference:
(1)
Where a portion of the tract lies outside the
BSR District boundary, and that portion of the tract is of sufficient
size and is otherwise suitable for such use, the proposed land disturbance
and development shall be located outside of the BSR District and in
accordance with all other applicable regulations.
(2)
Where compliance with the siting criterion in Subsection A(1) above is not feasible, the proposed land disturbance and development shall be located within the BSR District, but outside areas classified as "visually significant landscapes" on the Brandywine Scenic River District Zoning Overlay Map.
(3)
Where the applicant demonstrates to the satisfaction
of the Board of Supervisors that development is unavoidable within
areas classified as "visually significant landscapes" on the Brandywine
Scenic River District Zoning Overlay Map (due to insufficient or unsuitable
alternative portions of the tract), the proposed land disturbance
and development may be located in such areas, subject to compliance
with the design standards herein.
B.
Siting in relation to existing topography.
(1)
Permitted structures shall be sited entirely
below the elevation of the nearest ridge line, to the greatest extent
feasible.
(2)
Mitigative design techniques.
(a)
Where the applicant contends that the siting
of structures entirely below ridge lines is not feasible, the applicant
shall include within submitted subdivision plans one or more of the
following mitigative design techniques:
[1]
Siting of buildings and rooflines parallel to
topography.
[2]
Siting of buildings so as to minimize prominence
from the perspective of public views (for example, face short side/end
toward prominent view).
[3]
Submission of individual lot landscaping plans
demonstrating effective screening of views from public roads.
[4]
Introduction of landscape screening comprised
primarily of native plant material designed to be compatible with
the existing landscape.
(b)
Such siting and/or landscaping shall comply
in all other relevant respects with the provisions of this article.
C.
Standards for retention or installation of vegetation.
(1)
A landscaping plan shall be required which details
existing vegetation and its maintenance and all supplemental landscaping,
including introduction of required screening and/or shade trees.
(2)
Disturbance of existing woodland areas shall
be minimized. Where feasible, clearing of woodland to provide for
construction access shall be minimized by locating access clearings
so as to coincide with ultimate driveway locations. Otherwise, access
clearings should be located such that each clearing serves two or
more adjacent lots. Restrictions regarding tree and other vegetation
removal shall not extend to deadwood or diseased vegetation.
(3)
Except as provided herein, clearing of trees
for any purpose shall not result in the removal of more than 20% of
any existing tree mass, tree line, hedgerow or individual freestanding
tree over six inches diameter measured 4.5 feet above mean ground
level, as inventoried in accordance with § 95-13G. For the
purposes of this section, the extent of area occupied by such trees
shall be measured from the outermost dripline of any tree or of all
the trees in a tree mass, tree line or hedgerow.
(4)
Where the applicant demonstrates to the satisfaction
of the Board that additional woodland removal is necessary to permit
development in accordance with this article, replacement trees shall
be provided. Replacement trees shall include at least one tree of
two-and-five-tenths-inch caliper or greater for each 1,000 square
feet of woodland removed beyond 20%. The applicant's required landscape
plan shall indicate all areas of woodland removal, as well as the
species and locations of replacement trees.
(5)
For purposes of promoting disease resistance,
minimum maintenance, diverse natural plant associations and long-term
stability of plantings, plant materials in landscaping shall be comprised
of native trees and shrubs unless the applicant can demonstrate to
the satisfaction of the Board the acceptability of an alternative.
Species selected should reflect existing site conditions and their
suitability for the plant materials, based upon the geology, hydrology,
soils and microclimate of the site.
(6)
Within 50 feet of the water surface of the Brandywine
River and Valley Creek, as measured from the top of the bank, no land
disturbance, grading or clearing of vegetation shall be permitted,
except that:
(a)
Agricultural activities may be conducted in accordance with § 115-143A(2).
(b)
Vegetation may be cleared as a reforestation
measure or as a means to eliminate dead, diseased or hazardous tree
stands or noxious vegetation.
(7)
Wildlife habitat noted in the East Bradford
Township Open Space, Recreation and Environmental Resources Plan shall
be preserved to the greatest extent feasible. Where feasible, more
than one habitat area on a single tract shall be preserved, particularly
where differing habitat types have been inventoried, in order to promote
maintenance of habitat diversity.
A.
Agricultural activities.
(1)
All agricultural activities, including horticultural
and forestry activities, shall be conducted in full compliance with
the requirements of Chapter 102, Erosion Control, Title 25, Rules
and Regulations, of the Pennsylvania Department of Environmental Protection.
(2)
There shall be no limitation on animal grazing, including in the area within 50 feet of the water surface of a stream as otherwise regulated by § 115-142C(7), provided that such activity does not threaten bank stability.
(3)
No plowing or grading shall be permitted within
15 feet of the edge of any road cartway. Such area shall be maintained
in an all-season ground cover.
[1]
Editor's Note: Former § 115-143, Special provisions for development under the BSR Bonus Option, was repealed 11-25-1998 by Ord. No. 3A-1998. (Ordinance No. 3A-1998 readopted the text of Ord. No. 3-1998 because of concern that Ord. No. 3-1998 was not properly advertised before it was adopted on 10-13-1998.) Said ordinance also provided for the renumbering of former § 115-144 to § 115-143.
