An environmental impact study shall be prepared and submitted
in connection with all proposed subdivision and/or land development
plans.
A. Goals. It is the intent of this provision to limit subdivision and/or
land development approval to activities which:
(1)
Will not result in a significant adverse impact on the environment;
(2)
Have been conceived and designed in such a manner as will not
significantly impair natural processes; and
(3)
Will not place a disproportionate or excessive demand upon the
total resources available to the subject tract and to the neighboring
lands which will be affected by the development.
B. Information required. Two paper copies and two CD/DVDs with PDFs
of the environmental impact study (EIS) shall be provided as follows:
(1)
A complete EIS, including all of the information requested in §
265-7.2E below, shall be conducted for all plans involving mixed-use, commercial and/or industrial uses, residential subdivisions and/or land developments of five or more dwelling units, public uses of two or more acres, and any subdivision and/or land development activity on a site with known environmental hazards, as determined on the basis of any one of the following:
(a)
The subject tract has an environmental covenant executed pursuant
to the Pennsylvania Uniform Environmental Covenants Act [Act No. 68
or 2007, 27 Pa.C.S.A. §§ 6501-6517 (UECA)]. Copies
of such environmental covenant shall be provided to the Township.
(b)
The landowner, developer, and/or applicant has independently
conducted a Phase I Environmental Site Assessment/All Appropriate
Inquiry (ESA/AAI) that has subsequently determined that a Phase II
ESA and/or remediation plan are/is required. Copies of all such Phase
I and II ESAs and remediation plans, as applicable, shall be provided
to the Township.
(2)
Notwithstanding §
265-7.2B(1) above, at the discretion of the Township's Director of Planning and as approved by the Board of Supervisors, the requirements of §
265-7.2E below may be modified to address the specific nature of the proposed subdivision and/or land development. Therefore, applicants are encouraged to meet with the Director of Planning and Township Engineer in order to specifically discuss the requirements of §
265-7.2E below and determine the information that will be required for the proposed development. Supporting information and specific site conditions may warrant providing lesser information than otherwise required.
C. Modifications. The Board of Supervisors, after reviewing the request and considering the recommendation of the Planning Commission, may waive or modify the requirements for a complete EIS [as described in §
265-7.2B(1) above] or modified-scope EIS [as described in §
265-7.2B(2) above] if, in the opinion of the Board of Supervisors, sufficient evidence is submitted to support a conclusion that the proposed development will have a negligible environmental impact or that an EIS, either complete or modified-scope, need not be prepared in order to adequately evaluate the environmental impact.
D. Contents and preparation of environmental impact study.
(1)
At the request of the Township, the developer, or the landowner,
a preapplication conference may be held among the landowner or developer
and one or more representatives of the Township to discuss the scope,
detail, requirements, issues and possible impact of the proposed development.
(2)
To the extent required, an EIS shall be prepared and submitted
as part of the preliminary plan submittal or, if preliminary plan
approval is not sought or required, then as part of the final plan
submission.
(3)
The Board of Supervisors may reject a preliminary or final plan
in the event the EIS lacks sufficient information to perform an adequate
environmental appraisal.
(4)
The EIS shall include a statement of the educational background
and work experience of the principal preparer of the EIS.
E. Data required.
(1)
Impact on overlay zones and environmental protection ordinances
of the Township.
(a)
If the subject tract is overlain by the Greenway Overlay Zone,
a description of how the development will affect the greenway shall
be submitted.
(b)
If the subject tract is overlain by separate environmental protection
ordinances, including but not limited to the Wellhead Protection ordinance
and Floodplain ordinance, a description of how the development will
affect these environmental features shall be submitted.
(2)
Wastewater management.
(a)
If wastewater disposal is proposed to be on-site, a hydrogeologic study (see §
265-7.5 below) shall be submitted.
(b)
If wastewater disposal is proposed to an existing private facility,
identification of the owner, location of the plant, and location of
existing collection points to which the proposed development would
be connected must be provided. Evidence shall also be submitted to
demonstrate that the anticipated flows from the proposed development
will be accepted and can be adequately treated by the private facility.
(c)
As applicable, copies of required PA Department of Environmental
Protection (PADEP) Sewage Facilities Planning Module applications
shall be submitted in accordance with the Township's Sewage Facilities
plan.
(3)
Water supply.
(a)
If the water is to be supplied from an existing private, community,
or public facility, identification of the owner and location of the
facility and location of the existing distribution point to which
the proposed development would be connected shall be provided. The
applicant shall submit documentary proof that the facility has the
available excess capacity in terms of its allowable diversion and
equipment to supply the proposed development and is willing to do
so.
(b)
If, however, water is to be supplied by new individual wells
or a new community water system in areas or in proximity to areas
of known groundwater contamination or inadequate yields of potable
supplies, an aquifer study shall be performed. An aquifer study is
also required for all commercial and industrial uses and for new residential
uses of one or more lots or dwelling units if these uses are to be
served by new individual wells or a new community water system.
(c)
If the subdivision and/or land development will require obtaining
permits and approval from the Susquehanna River Basin Commission,
the applicant is responsible for informing the Township of this requirement
and providing the Township with copies of all application materials,
review comments and associated responses, and permit approvals/denials.
(4)
Aquifer study.
(a)
Areas of known groundwater problems. Areas of known groundwater
problems shall include:
[1]
Areas underlain by serpentinic or schistostic geologic formations
or formations otherwise known to have low yields.
[2]
Areas on the subject tract and within 200 feet of sinkholes,
ghost lakes, or drainage entering the ground.
[3]
Areas with environmental covenants related to known groundwater
contamination including sites that have been voluntarily cleaned up
under the Pennsylvania Land Recycling and Environmental Remediation
Standards Act (Act 2). For approved cleanup sites, this test will verify the
site meets the approved standard.
[4]
Other areas with documented water quantity or quality problems,
including pollutants in excess of federal safe drinking water standards.
(b)
Aquifer study standards and procedures. No person shall develop
land within an area of known groundwater quantity problems without
administering the aquifer test required by this section.
[1]
Water quantity report.
[a] Water quantity test standard.
[i] The proposed individual well shall produce not
less than 400 gallons of water in a two-hour period, at least once
each day. If the sustained yield of the individual well or individual
well system is not capable of meeting the standard, sufficient storage
shall be required through borehole capacity and/or a storage tank.
Borehole storage shall be measured from the pump level to the top
of the static water column.
[ii] The individual well shall yield a minimum of one
gallon per minute.
[A] For wells with yields of four gallons per minute
or less, a minimum of 400 gallons of storage capacity shall be provided.
Borehole storage shall be measured from the pump level to the top
of the static water column.
[B] Multiple wells may be dug on the lot and the combined
yield of the well system shall meet the minimum of one gallon per
minute.
[b] Test supervision and evaluation. The test shall
be conducted under the supervision of a qualified geologist licensed
by the Commonwealth of Pennsylvania or professional engineer, using
testing procedures hereinafter set forth. The geologist or engineer
shall be responsible for notifying the Township's Director of
Planning and Township Engineer five working days prior to the start
of the test. He or she will also summarize the test, and its significance
and make recommendations as to the suitability of the well or wells
for the intended uses. The final report shall include an opinion as
to whether the proposed use of the well will have an impact upon other
existing wells in the immediate surrounding area. The supervising
person shall provide the Township's Director of Planning and
Township Engineer with a copy of all field notes and test results.
[c] Test method. Testing shall be conducted for a minimum
of 12 hours at a constant rate of pumping. The pumped well shall be
the one proposed for the specific subdivision and/or land development
for which the test is conducted. Two observation wells that have hydraulic
continuity with the pumped well are required. The preferred method
of analysis of the aquifer test data is the nonequilibrium formula,
although other methods are available and may be used. These include
various methods of analysis of either the drawdown or recovery data.
[d] Collection of data. Data shall be collected in
conjunction with the aquifer test as follows:
[i] Prior to the test:
[A] Collection of geologic data of the area to be tested
including well logs, if available.
[B] History of water level fluctuations in the area
when available.
[C] The location, relative elevations and static water
levels in the pumped well and the observation well or wells.
[D] The expected discharge of the pumped well.
[ii] During the test: A standard aquifer test field
data sheet will be required for a pumped well and each observation
well. The data sheet shall include columns for listing:
[C] Elapsed time since pumping started/stopped (in
minutes and seconds).
[D] Depth to water below land surface.
[E] Drawdown or recovery (in feet and 10ths).
[F] Observed discharge at specified intervals.
[iii] Following the test: In accordance with recognized
principles of well hydraulics, graphs shall be prepared to show time
drawdown and time recovery for the pumped well and the observation
wells. A distance drawdown graph will be required for anticipated
rates of pumping. Computation of the coefficients of transmissibility
and storage as well as the rate of pumping, time and drawdown are
required as well as other data that may be considered necessary to
satisfy the test objectives.
[2]
Water quality report. The water quality test shall be conducted
concurrently with any water quantity test. Such tests shall be conducted
by a certified laboratory and shall comply with the following standards.
[a] All water samples to be tested must be drawn by
a trained PA DEP-certified laboratory employee, a well drilling contractor,
or pump installation contractor.
[b] For single-use on-lot wells, the quality of the
water tested shall meet the local and/or state regulations as it presently
exists or may hereafter be amended, or be capable of treatment to
attain said standard of quality for the following potential contaminants:
total coliform, fecal coliform, E.coli, nitrate-nitrogen, nitrite-nitrogen,
total nitrogen, lead, and chlorine.
[c] For community on-lot wells, the quality of the
water tested shall meet the National Primary Drinking Water Regulations
as set forth in the National Safe Drinking Water Regulations (NSDW)
of the Environmental Protection Agency (EPA) as it presently exists
or may hereafter be amended, or be capable of treatment to attain
said standard of quality.
(5)
Hydrogeologic study. If a hydrogeologic study is required, provide a copy of same prepared in accordance with §
265-7.5 of this chapter.
(6)
Adverse impacts which cannot be avoided. The EIS shall contain
a list and description of the potential adverse environmental impacts
which cannot be avoided should the proposed development be implemented.
(a)
Short-term impacts should be distinguished from long-term impacts.
(b)
Reversible impacts should be distinguished from irreversible
impacts.
(c)
Special attention shall be given to environmentally sensitive
areas such as:
[1]
Streams, floodways, and wetlands.
[2]
Areas having naturally occurring (not manmade) slopes of 15%
or greater.
[3]
Soil which is highly acidic or erodible.
[4]
Areas of high water table.
[6]
Mature stands of native vegetation.
[7]
Areas having significant wildlife.
(7)
Environmentally protective measures. The EIS shall contain a
listing of all environmentally protective measures which will be used
should the proposed development be implemented. These are measures
which will avoid, minimize, and/or mitigate adverse effects on the
environment of the site and region during the construction and operation
of the facility.
(8)
Alternatives. The EIS shall evaluate alternative solutions to
the proposed development and, where appropriate, shall include an
analysis of the alternative of not developing the subject tract.
(9)
Executive summary. The EIS shall contain a concise executive
summary of the environmental impact assessment for the proposed development.
The summary shall evaluate the adverse and positive environmental
effects of the development should it be implemented and any public
benefits expected to be derived from the development.
A hillside analysis shall be prepared and submitted in connection
with all proposed Development plans.
A. Information required.
(1)
Plans shall be prepared in accordance with the standards in §§
265-5.3, 5.4, or 5.5, as applicable, of this chapter.
(2)
Plans shall be marked to differentiate the following slope categories
as measured between the contour interval utilized for the Development
plan.
(a)
Category 1: greater than a 25% slope.
(b)
Category 2: greater than a 15% slope and less than or equal
to a 25% slope.
(c)
Category 3: less than or equal to a 15% slope.
(3)
When development is proposed on land having naturally occurring
(not manmade) slopes greater than 15% the following additional information
shall be submitted as part of the analysis.
(a)
Extent and erodibility potential of exposed soils.
(b)
Length, slope, steepness and surface roughness of exposed slopes.
(c)
Resistance of soil to compaction and stability of soil aggregates.
(d)
High-water table, water infiltration capacity and capacity of
soil profile.
(e)
Chemical, physical and biological nature of subsurface soils.
(f)
Type and location of construction activity proposed, including
the amount of site grading, including cross sections where applicable.
(g)
The time period of exposure of erodible soils during construction.
(h)
The location on the Development plan of all tree specimens having
a diameter greater than or equal to eight inches measured 4 1/2
feet above the ground within the area proposed for development.
B. Standards for approval.
(1)
To be approved, the Development plan must demonstrate that the
development shall:
(a)
Control stormwater runoff as per the Township Stormwater Management
ordinance.
(b)
Minimize stream turbidity and changes in flow.
(c)
Protect environmentally vulnerable areas.
(d)
Stabilize exposed soils both during and after construction.
(e)
Prevent soil slippage and slope failure.
(f)
Minimize number and extent of cuts to prevent groundwater discharge
areas.
(g)
Preserve as many trees as reasonably possible within areas with
a slope in excess of 15%.
(2)
The Board of Supervisors, as part of plan approval, may impose
such reasonable conditions as the Board of Supervisors deems necessary
to achieve the goals described above. Security shall be posted to
guarantee completion of the improvements required by this section
in the same manner as is required for other public improvements under
this chapter.