The standards of this overlay district have been established
to protect the public health, safety, and welfare by minimizing adverse
environmental impacts. These standards are intended to meet the following
purposes:
A.
Define and delineate selected natural resources within the Township
and establish resource protection standards to mitigate potential
public hazards associated with land use activity.
B.
Protect and conserve the natural resources, landscapes, and habitats
that are an integral component of the Township's character in accordance
with the following specific objectives of the Comprehensive Plan,
as amended:
(1)
Conserve, preserve, protect, manage, and enhance woodlands, wetlands,
floodplains, stream corridors, and other sensitive environmental features.
(2)
Address flooding and stormwater issues throughout the Township.
(3)
Encourage greenway development to serve environmental and recreational
functions.
A.
The provisions of this article shall overlay and supplement the provisions
of the underlying zoning district. In the event that the provisions
of the underlying zoning district and the provisions of this article
are in conflict, the more-restrictive provisions shall apply.
B.
Where land is being developed under the conservation subdivision design requirements of Article XIX, which provides for identification and preservation of sensitive environmental features, the provisions of this article shall complement but shall not be in addition to those requirements.
C.
In the event that two or more natural resource areas identified in
this article overlap, the resource with the most-restrictive standard
(the least amount of alteration, regrading, clearing, or building)
shall apply to the area of overlap.
D.
Submission, review, and approval of the following permits and applications
shall be contingent upon consistency with the requirements of this
article:
(1)
Applications for zoning or building permits;
(2)
Submission of plans for subdivision or land development;
(3)
Applications for uses by special exception;
(4)
Requests for zoning changes;
(5)
Applications for stormwater management and/or land disturbance activities pursuant to Chapter 72;
(6)
Applications for any state or federal permit that requires a certification
of consistency with Township ordinances and planning requirements;
or
(7)
Any applications or approvals that may be required by other ordinances
or regulations of the Township that may be deemed applicable.
E.
Where disturbance of a natural resource is permitted, it shall not
take place until it has been determined that such disturbance is consistent
with the provisions of this article and other applicable ordinance
provisions.
F.
Areas subject to the requirements of this article are shown on the
Hempfield Township Natural Resource Protection Overlay Map.[1] If the Zoning/Code Enforcement Officer determines that
any portion of the area to be disturbed intersects with the Natural
Resources Protection Overlay as shown on said map, the applicant shall
comply with the provisions of this article for those areas being disturbed
and shall delineate resources as provided herein.
[1]
NOTE: The Hempfield Township Natural Resource Protection Overlay
Map, which is a supplement to the Zoning Map, was prepared using published
data from the following sources:
Wetlands:
Source: National Wetlands Inventory for Pennsylvania - polygon
Publisher: United States Fish and Wildlife Service
Floodplains:
Source: Floodplains of Pennsylvania
Publisher: Pennsylvania Department of Environmental Protection,
Geospatial Data Center
Streams:
Source: National Hydrography Dataset
Publisher: Pennsylvania Department of Environmental Protection,
Geospatial Data Center
A.
Authority. This subsection is established in accordance with the Pennsylvania Constitution, Article I, Section 27 (the "Environmental Rights Amendment"), and Sections 301(b), 603(b)(5), 603(d), 604(1) and 605(2)(ii) and (vii) of the Municipalities Planning Code, 53 P.S. § 10101 et seq.
B.
Scope. The Riparian Buffer Overlay standards apply to all watercourses
as herein defined and the land adjacent thereto.
C.
Establishment of buffer.
(1)
The riparian buffer shall extend a minimum of 50 feet on either side
of the watercourse, measured from the center line of the watercourse.
(2)
Where steep slopes (20% or more grade) are located within 25 feet
of a watercourse, the riparian buffer shall extend the entire distance
of this sloped area or 75 feet, whichever is less.
D.
Uses permitted in the Riparian Buffer Overlay.
(1)
The following uses are permitted by right in the Riparian Buffer
Overlay in compliance with the requirements of this article:
(a)
Open space uses that are primarily passive in character, including
wildlife sanctuaries, nature preserves, forest preserves, fishing
areas, passive areas of public and private parklands, recreational
trails, and reforestation.
(b)
Natural stream bank stabilization.
(c)
Customary agricultural practices when permitted by the underlying
zoning for the property, in accordance with a soil conservation plan
approved by the Westmoreland County Conservation District.
(d)
Forestry operations conducted in accordance with the timber
harvesting and logging provisions of this chapter.
(e)
Activities regulated by the Commonwealth of Pennsylvania (such
as permitted stream or wetland crossings or other encroachments).
(f)
Front, side, and/or rear yards on private lots, provided that
all yard areas within the riparian buffer shall comply with the use
and other restrictions herein.
(2)
The following uses are permitted by right within the Riparian Buffer
Overlay but shall not be located within 15 feet of the edge of any
watercourse, wetland, or pond:
(a)
Passive recreation areas such as camps, camping facilities,
and picnic areas.
(b)
Active recreation areas such as ballfields, playgrounds, courts,
and golf courses, provided that stormwater runoff is managed in a
manner acceptable to the Township Engineer.
(c)
Residential accessory structures having a gross floor area no
larger than 144 square feet.
(3)
Uses specifically prohibited in the Riparian Buffer Overlay. All
uses not permitted shall be prohibited. In addition, the following
activities and facilities are expressly prohibited in the Riparian
Buffer Overlay:
(b)
Storage of any hazardous or noxious materials.
(c)
Use of fertilizers, pesticides, herbicides, and/or other chemicals
in excess of prescribed industry standards or the recommendations
of the Westmoreland County Conservation District.
(d)
Parking lots.
(e)
Subsurface sewage disposal areas.
(f)
Residential accessory structures larger than 144 square feet.
E.
Nonconforming uses and structures. Preexisting structures and uses of land within the Riparian Buffer Overlay that do not comply with the use restrictions shall be regulated under the provisions of Article XXV, Nonconforming Uses, Structures and Lots. The following additional regulations also shall apply:
(1)
Existing nonconforming structures or uses that are not permitted under Subsection D above may be continued but shall not have the existing building footprint or uses expanded or enlarged for any reason.
(2)
Discontinued nonconforming uses may be resumed any time within one
year from such discontinuance but not thereafter when showing clear
indications of abandonment. No change or resumption of use shall be
permitted that is more detrimental to the Riparian Buffer Overlay
than the existing or former nonconforming use. Such determination
shall be made by referring to the purposes of this article and the
objectives of the Comprehensive Plan.
F.
Boundary interpretation and appeals procedure.
(1)
When an applicant disputes the boundaries of the riparian buffer
or the defined edge of a watercourse, the applicant shall submit evidence
to the Township that shows the applicant's proposed boundary and provides
justification for the proposed boundary change.
(2)
The Township Engineer shall evaluate all material submitted and provide
a written determination within 30 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 XXVII, Zoning Hearing Board, of this chapter. The party contesting the location of the district boundary shall have the burden of proof in case of any such appeal.
A.
Resource protection standards.
(1)
Any applicant proposing a use, activity, or improvement which would
entail the regrading or placement of fill in wetlands shall provide
the Township with proof that the Pennsylvania Department of Environmental
Protection and/or the United States Army Corps of Engineers have been
contacted to determine the applicability of state and federal wetland
regulations.
(2)
Wetlands shall not be regraded, filled, piped, diverted, built upon,
or otherwise altered or disturbed except where state and federal permits
have been obtained.
(3)
For the purposes of this chapter, wetland protection standards shall
apply to lakes and ponds.
B.
Delineation. The applicant who proposes to disturb more than 5,000
contiguous square feet of any site shall provide sufficient information
to determine whether wetlands, lakes and ponds are present on the
site or within 100 feet of the site. In addition, the Township, at
its discretion, may require that the following information be provided:
(1)
A full wetland report conducted by a qualified wetland biologist,
or other professional of demonstrated qualifications, shall be submitted
to the Township.
(2)
Such professional shall certify that the methods used correctly reflect
currently accepted technical concepts, including identification and
analysis of wetland vegetation, hydric soils, and/or hydrologic indicators.
(3)
The wetland report shall include a determination of whether wetlands
are present on site and a full delineation, area measurement (in square
feet), and description of any wetlands determined to be present. The
study shall be approved by the Board of Supervisors on the recommendation
of the Township Engineer.
(5)
If no wetlands are found on the site, or within 100 feet of the site,
a note shall be added to the preliminary and final plans stating that
"This site has been examined by (name and address with a statement
of submitted qualifications), and no wetlands as defined by the Federal
Manual for Identifying and Delineating Jurisdictional Wetlands, January
9, 1989, were found to exist."
