Overlay districts shall be used in accordance
with the following application:
A.
For the purposes of this chapter, the overlay districts
described in this article shall be overlays to the existing underlying
districts as shown on the Official Zoning Map, and as such, the provision
for each of these districts shall serve as supplements to the underlying
district provisions. However, all other provisions of all other articles
of this chapter and all other ordinances of the Township shall remain
in full force.
B.
In those areas of the Township where an overlay district
applies, the provisions of the overlay district shall be imposed in
addition to the requirements of the underlying zoning district(s).
In the event that a conflict exists between overlay and underlying
districts, the more restrictive provision shall apply.
C.
Should the boundaries of an overlay district be revised
as a result of legislative or administrative actions or judicial decision,
the underlying zoning requirements shall continue to be applicable.
[Amended 9-25-2005; 9-11-2017 by Ord. No. 30]
A.
Purpose. In addition to the general goals listed in the statements of Purpose, § 370-2, and Community development objectives, § 370-3, the purpose of this overlay district is:
(1)
To promote the general health, welfare, and safety of the community.
(2)
To minimize to the greatest extent possible the removal of natural
vegetation in the floodplain, as well as any manipulation, including
compacting, of the natural soil mantle.
(3)
To maximize the porosity and permeability of the natural floodplain,
maximize its quantitative flood-carrying capacity, and maximize its
ability to slow flood flows through the retention of existing vegetative
cover, and to provide maximum water quality filtering potential.
(4)
To reduce financial burdens imposed on the community, its government
and its individuals by preventing excessive development in areas subject
to periodic flooding.
(5)
To require all those uses, activities, and developments that do occur
in flood-prone areas to be protected and/or floodproofed against flooding
and flood damage through the use of appropriate construction practices.
(6)
To regulate uses, activities, and development which, acting alone
or in combination with other existing or future uses, activities,
and development, will cause unacceptable increases in flood heights,
velocities, and frequencies.
(7)
To restrict or prohibit certain uses, activities, and development
from locating within areas subject to flooding.
(8)
To comply with the provisions of the National Flood Insurance Program
and the Pennsylvania Flood Plain Management Act (Act 1978 - 166).
(9)
The Legislature of the Commonwealth of Pennsylvania has, by the passage
of the Pennsylvania Flood Plain Management Act of 1978, delegated
the responsibility to local governmental units to adopt floodplain
management regulations to promote public health, safety, and the general
welfare of its citizenry. Therefore, the Board of Supervisors of the
Township of North Coventry does hereby order as follows.
(10)
This Article 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 of the provisions of this article, the more restrictive
shall apply.
(11)
If any section, subsection, paragraph, sentence, clause, or
phrase of this article shall be declared invalid for any reason whatsoever,
such a decision shall not affect the remaining portions of the article,
which shall remain in full force and effect, and for this purpose
the provisions of this article are hereby declared to be severable.
(12)
The Zoning Officer is hereby appointed to administer and enforce
this article 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 community 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.
(13)
The Floodplain Administrator shall maintain in perpetuity, or
for the lifetime of the structure, all records associated with the
requirements of this article including, but not limited to, finished
construction elevation data, permitting, inspection and enforcement.
B.
General provisions. The provisions of this article shall apply to all areas of North Coventry Township located within the boundaries of any Flood Plain Conservation District, as established by Article IX.
(1)
Compliance. No structure shall be constructed and no existing structure
shall be enlarged, converted, relocated or structurally altered, and
no area shall be graded, filled, or excavated in any Flood Plain Conservation
District except in full compliance with the terms and provisions of
this article and other applicable regulations.
(2)
Permit required. A zoning permit shall be required for all activities
which include, but are not limited to, constructing, demolishing,
or moving buildings or other structures, paving, filling, grading,
excavation, mining, dredging or drilling operations, or the storage
of materials and equipment.
(3)
Disclaimer of liability.
(a)
The degree of flood protection sought by the provisions of this
article is considered reasonable for regulatory purposes and is based
on the use of normal and customary engineering methods of study. Floods
which exceed the levels anticipated in this article may occur on rare
occasions, and floodwater heights may be increased by man-made or
natural causes. In such events, areas outside identified floodplains
and land uses permitted within such areas may be subject to flooding
or flood damage, regardless of the adherence to the standards of this
article.
(b)
The adoption of this article and chapter, the granting of a
permit, or the issuance of any administrative decision under this
chapter shall not constitute a representation, guarantee, or warrant
by North Coventry Township or by any official, agent or employee thereof,
of the practicability or safety of any structure or land use with
respect to damage from flooding, collapse, erosion or otherwise, and
shall create no liability upon or cause of action against such public
body, official, agent or employee for any damage that may result pursuant
thereto or as a result of reliance on this article or chapter.
(4)
Determination of areas in district. The identified floodplain area
shall be those areas of North Coventry Township, Chester County, base
classified as special flood hazard areas (SFHAs) in the Flood Insurance
Study (FIS) dated September 29, 2017, and the accompanying Flood Insurance
Rate Maps (FIRMs) 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. The above referenced
FIS and FIRMs, and any subsequent revisions and amendments, are hereby
adopted by North Coventry Township and declared to be a part of this
article.
(a)
The identified floodplain area shall consist of the following
specific areas:
[1]
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.
[a]
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 community during the occurrence of the
base flood discharge.
[b]
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.
[2]
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.
[a]
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.
[b]
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.
[i]
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 of more than one foot within the entire community
during the occurrence of the base flood discharge.
[ii]
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.
[3]
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.
[a]
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 municipality. In the absence
of any of the above data or documentation, the community may require
elevation of the lowest floor to be at least three feet above the
highest adjacent grade.
(b)
In the event of a dispute concerning the actual boundary of
the Flood Plain Conservation District, an initial determination shall
be made by the Zoning Officer. Such determination by the Zoning Officer
may be appealed to the Zoning Hearing Board. The burden of proof in
such an appeal shall rest with the appellant. All revisions to the
boundaries of the Flood Plain Conservation District are subject to
the review and approval of the Federal Insurance Administrator for
the National Flood Insurance Program in accordance with its rules
and regulations.
C.
District boundary change. The delineation of the Flood Plain Conservation
District boundary may be revised and modified by the Board of Supervisors
where there are changes through natural or man-made events and where
the effects of those changes have been documented and/or recommended
by the U.S. Army Corps of Engineers, Philadelphia District, the Federal
Flood Insurance Administration, or FEMA. All such changes shall be
subject to the review and approval of the Administrator of the National
Flood Insurance Program. Additionally, as soon as practicable, but
not later than six months after the date such information becomes
available, a community shall notify FEMA of the changes to the special
flood hazard area by submitting technical or scientific data.
D.
Uses permitted by right. The following uses and no others are permitted
within the Flood Plain Conservation District, provided they are conducted
in accordance with the provisions of the Clean Streams Law of Pennsylvania,
Act 349 of 1937, as amended, the rules and regulations of the Pennsylvania
Department of Environmental Protection, all other applicable provisions
of this chapter and other local, state and federal regulations:
(1)
Agricultural uses when undertaken in accordance with an approved
Conservation District farm plan.
(2)
Woodland preserve, game preserve, wildlife sanctuary or other conservation
use.
(3)
Municipal or public passive recreational areas. Trails shall be naturally
surfaced and constructed so as to minimize compaction.
(4)
Limited selective cutting of trees, provided that cutting is consistent with the riparian buffer standards of § 370-29B(4) and the woodland protection standards of § 370-29B(7).
(5)
Uses accessory to those permitted by the underlying zoning district,
including yards and parking, provided that no structures are erected,
no impervious materials are used, and no fills are placed.
E.
Special exception uses. The following uses may be permitted upon the issuance of a special exception by the Zoning Hearing Board as provided herein and in Subsection K, provided they are conducted in accordance with the provisions of the Clean Streams Law of Pennsylvania, Act 349 of 1937, as amended, the rules and regulations of the Pennsylvania Department of Environmental Protection, all other applicable provisions of this chapter and other local, state and federal regulations. In issuing any special exception, the Zoning Hearing Board may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of this chapter and the Comprehensive Plan:
(1)
Dams, culverts, impoundment basins, and bridges approved by the Pennsylvania
Department of Environmental Protection and the U.S. Army Corps of
Engineers, where applicable.
(2)
Sealed water supply wells and pipelines, provided they are developed
with applicable best management practices.
(3)
Modifications to structures existing as of the date of adoption of this chapter, subject to the provisions of Subsection I, Flood Plain Conservation District general design and construction regulations.
(4)
Adaptive reuse of an existing building or structure in accordance
with the underlying zoning district.
(5)
Road, railroad, utility crossings with no feasible alternative location,
provided they are developed with applicable best management practices
to achieve minimum floodplain disruption and impact.
F.
Nonconforming uses and existing structures in the Flood Plain Conservation
District. All uses or structures in the Flood Plain Conservation District
lawfully existing on the effective date of this article which do not
conform with the provisions of this article shall be deemed to be
nonconforming. Such nonconforming uses or structures may be continued,
maintained, repaired, and floodproofed, except as otherwise prohibited
in this article. Such nonconforming uses or structures may be improved
to comply with current Pennsylvania or Township health, safety or
sanitary code specifications which are solely necessary to assure
safe living conditions, subject to the following conditions:
(1)
No expansion or enlargement of an existing structure and/or use shall
be allowed within any floodway that would cause any increase in flood
heights.
(2)
Any modification, alteration, reconstruction, or improvement of any
kind to an existing structure and/or use 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 chapter.
(3)
Any modification, alteration, reconstruction, or improvement of any
kind to an existing structure and/or use to an extent or amount of
less than 50% of its market value shall be elevated and/or floodproofed
to the greatest extent possible.
(4)
Any modification, alteration, reconstruction, or improvement of any
kind that meets the definition of "cumulative substantial damage"
shall be undertaken only in full compliance with the provisions of
this chapter.
G.
Abandonment. Notwithstanding provisions in §§ 370-121 and 370-122 to the contrary, no abandoned nonconforming use or structure shall be reestablished, repaired, or reoccupied except in conformance with this article. The Township may require the removal of any abandoned nonconforming use or structure, upon a determination that the use or structure constitutes a threat to public safety.
H.
Prohibited uses. The following uses shall be prohibited within any
designated Flood Plain Conservation District, and shall not be eligible
for variance consideration:
(1)
Any activity or facility which uses in some manner substances which
are toxic or injurious to human or ecological health. The production
or storage of any of the following materials or substances, or any
activity requiring maintenance of a supply of more than 550 gallons,
or other comparable volume of such materials or substances, or any
amount of radioactive substances insofar as such substances are not
otherwise regulated:
(a)
Acetone;
(b)
Ammonia;
(c)
Benzene;
(d)
Calcium carbide;
(e)
Carbon disulfide;
(f)
Celluloid;
(g)
Chlorine;
(h)
Hydrochloric acid;
(i)
Hydrocyanic acid;
(j)
Magnesium;
(k)
Nitric acid and oxides of nitrogen;
(l)
Petroleum products (gasoline, fuel oil, etc.);
(m)
Phosphorus;
(n)
Potassium;
(o)
Sodium;
(p)
Sulfur and sulfur products;
(q)
Pesticides (including insecticides, fungicides, and rodenticides);
(r)
Storage of sludge and animal waste;
(s)
Other hazardous or toxic materials similar to those listed above.
(2)
Hospital, nursing home, or any other type of health care facility.
(3)
Clear-cutting of trees and other vegetation.
(4)
Jail.
(5)
Mobile home or mobile home park or any substantial improvement to
an existing mobile home park.
(6)
Junkyard.
(7)
Cemeteries.
I.
Flood Plain Conservation District general design and construction regulations. Any construction or development not listed in § 370-28D, E or H above shall be prohibited except by variance. If a variance is obtained, the following standards shall apply to all new construction, including additions or improvements, and development within the Flood Plain Conservation District.
(1)
No increase in flood heights. No new construction and/or development
shall be permitted within any floodway area which may cause any increase
in flood heights.
(2)
Proximity to watercourses. Where permitted within any identified
floodplain area, no new construction or development shall be located
within the area measured 50 feet landward from the top-of-bank, whichever
is greater, of any watercourse, unless a permit is obtained from the
Department of Environmental Protection, Bureau of Dams, Waterways,
and Wetlands.
(3)
Changes to watercourses. No encroachment, alteration, or improvement
of any kind shall be made to any watercourse until all adjacent municipalities
which may be affected by such action have been notified by the Township,
and until all required permits or approvals have been first obtained
from the Department of Environmental Protection, Bureau of Dams, Waterways
and Wetlands. In addition, the Federal Emergency Management Agency
and Pennsylvania Department of Community and Economic Development
shall be notified prior to any alteration or relocation of any watercourse.
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.
(4)
Elevation of residential structures. Where permitted within any identified
Flood Plain Conservation District, the elevation of the lowest floor
(including basement) of any new construction or substantial improvement
of a residential structure, including an existing mobile home, shall
be 1 1/2 feet or more above the base-flood elevation. In addition,
the manufactured home shall be placed on a permanent foundation, elevated
so that the lowest floor of the manufactured home is at least 1 1/2
feet above base flood elevation, and anchored to resist flotation,
collapse, or lateral movement.
(5)
Elevation or floodproofing of nonresidential structures. Where permitted
within any identified Flood Plain Conservation District, the elevation
of the lowest floor (including basement) of any new construction or
substantial improvement of nonresidential structure shall be 1 1/2
feet or more above the base flood elevation or be floodproofed up
to that height.
(6)
Floodproofing of nonresidential structures. Any nonresidential structure,
or part thereof, having a lowest floor which is not elevated to at
least 1 1/2 feet above the base flood elevation shall be floodproofed
in a completely or essentially dry manner in accordance with the W1
or W2 space classification standards contained in the publication
entitled "Floodproofing Regulations," published by the U.S. Army Corps
of Engineers (June 1972 as amended), or in accordance with an equivalent
standard approved by the Township Engineer. All plans and specifications
for such floodproofing shall be accompanied by a statement sealed
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.
(7)
Space below the lowest floor.
(a)
Fully enclosed space below the lowest floor (including basement)
is prohibited.
(b)
Partially enclosed space below the lowest floor (excluding basement)
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 "partially enclosed space" also includes crawl spaces. 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
covering or devices provided that they permit the automatic entry
and exit of floodwaters.
(8)
Fill. Where fill is used, it 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
or construction and demolition debris shall not be permitted.
(c)
Be compacted to provide the necessary permeability and resistance
to erosion, scouring or settling.
(d)
Have a slope with a ratio no greater than one foot vertical
to three feet horizontal.
(e)
Be used to the extent to which it does not adversely affect
adjacent properties, and does not extend closer than 10 feet to any
lot line.
(9)
Drainage facilities. Storm drainage facilities shall be designed
to convey the flow of stormwater runoff in a safe and efficient manner.
The system shall insure proper drainage along streets and appropriate
channels or pipe, and provide positive drainage away from buildings.
The system shall also be designed to prevent the discharge of excess
runoff onto adjacent properties.
(10)
Water and sanitary sewer facilities and systems. All water and
sanitary facilities and systems shall conform to the following:
(a)
All new or replacement water and sanitary sewer facilities and
systems shall be located, designed and constructed to minimize or
eliminate flood damage and the infiltration of floodwaters.
(b)
Sanitary sewer facilities and systems shall be designed to prevent
the discharge of untreated sewage into floodwaters.
(c)
No part of any on-site sewage system shall be located within
any identified floodplain area, except in strict compliance with all
state and local regulations for such systems. If any such system is
permitted, it shall be located so as to avoid impairment to it, or
contamination from it, during a flood.
(11)
Other utilities. All other utilities, such as gas lines, electrical
and telephone systems, shall be located, elevated (where possible)
and constructed to minimize the chance of impairment during a flood.
(12)
Streets. The finished elevation of all new streets shall not
be below the regulatory flood elevation.
(13)
Storage. All materials that are buoyant, flammable, explosive, or, in time of flooding, could be injurious to human, animal or plant life, and not listed in Subsection H, Prohibited uses, shall be stored at or above the regulatory flood elevation and/or be floodproofed to the maximum extent possible.
(14)
Placement of 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.
(15)
Anchoring.
(a)
All buildings and structures shall be firmly anchored in accordance
with accepted engineering practices to prevent flotation, collapse,
or lateral movement.
(b)
All air ducts, large pipes, storage tanks, and other similar
objects or components located below the regulatory flood elevation
shall be securely anchored or affixed to prevent flotation.
(c)
The design and construction requirements of the UCC pertaining
to this subsection as referred to in 34 Pa. Code (Chapters 401 through
405, as amended) and contained in the 2003 IBC (Secs. 1605.2.2, 1605.3.1.2,
1612.4 and Appendix G501.3), the IRC (Secs. R301.1 and R323.1.1) and
ASCE 24-98 (Sec. 5.6) shall be utilized.
(16)
Floors, walls and ceilings.
(a)
Wood flooring used at or below the regulatory flood elevation
shall be installed to accommodate a lateral expansion of the flooring,
perpendicular to the flooring grain without causing structural damage
to the building.
(b)
Plywood used at or below the regulatory flood elevation shall
be of a marine grade or similar water-resistant variety.
(c)
Walls and ceilings at or below the regulatory flood elevation
shall be designed and constructed of materials that are water-resistant
and will withstand inundation.
(d)
Window frames, doors and other components at or below the regulatory
flood elevation shall be made of metal or other water-resistant material.
(17)
Electrical components.
(a)
Electrical distribution panels shall be at least three feet
above the base flood elevation.
(b)
Separate electrical circuits shall serve lower levels and shall
be dropped from above.
(c)
The provisions pertaining to the above provisions and referenced
in the UCC and 34 Pa. Code (Chapters 401 through 405, as amended)
and contained in the 2003 IBC (Sec. 1612.4), the IRC (Sec. R323.1.5),
and the 2000 IFGC (Secs. R301.5 and R1601.3.8) and ASCE 24 (Chapter
8) shall be utilized.
(18)
Uniform construction code coordination. The standards and specifications
contained 34 Pa. Code (Chapters 401 through 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.
(a)
International Building Code (IBC) 2003 or the latest edition
thereof: Secs. R104, R105, R109, R323, Appendix AE101, Appendix B,
and Appendix J.
(b)
International Residential Building Code (IRC) 2003 or the latest
edition thereof: Secs. R104, R105, R109, R323, Appendix AE101, Appendix
B, and Appendix J.
(19)
All subdivision proposals and 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.
(20)
Recreational vehicles in Zones A, A1-30, AH and AE must be on
the site for fewer than 180 consecutive days, and be fully licensed
and ready for highway use.
J.
Application requirements for building permits.
(1)
Prior to the issuance of any zoning permit, the Building Permit Officer
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); the Pennsylvania Dam Safety and Encroachments
Act (Act 1978-325, as amended); the Pennsylvania Clean Streams Act
(Act 1937-394, as amended);[1] and the U.S. Clean Water Act, Section 044, 33 U.S.C. § 1344.
No permit shall be issued until this determination has been made.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq., 32 P.S.
§ 693.1 et seq., and 35 P.S. § 691.1 et seq.,
respectively.
(2)
Zoning Officer determination required. If any proposed construction
or development is located entirely or partially within any identified
floodplain area, applicants for building permits shall provide all
the necessary information in sufficient detail and clarity to enable
the Zoning Officer 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.
(g)
Electrical, heating, ventilation, plumbing, air conditioning
equipment, and other service facilities have been designed and located
to prevent water entry or accumulation.
(3)
Required information. Applicants shall file the following minimum information plus any other pertinent information [e.g., any or all of the technical information contained in Subsection M(5)] as may be required by the Zoning Officer to make the determination as required in Subsection J(1):
(a)
A completed building permit application form.
(b)
A plan of the entire site, clearly and legibly drawn at a scale
of one inch equals 100 feet or less, showing the following:
[1]
North arrow, scale and date.
[2]
Topographic contour lines.
[3]
All property and lot lines including dimensions, and the size
of the site expressed in acres or square feet.
[4]
The location of all existing and proposed buildings, structures,
and other improvements, including the location of any existing or
proposed subdivision and land development.
[5]
The location of all existing streets, drives, and other accessways.
[6]
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]
Profiles and elevations of buildings and streets showing the
base flood.
[4]
Detailed information concerning any proposed floodproofing measures.
(d)
The following data and documentation:
[1]
A document, sealed 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.
[2]
[3]
The appropriate component of the Department of Environmental
Protection's "Planning Module for Land Development."
[4]
Where any excavation or grading is proposed, a plan meeting
the requirements of the Department of Environmental Protection, to
implement and maintain erosion and sedimentation control.
[5]
A description of the proposed use.
K.
Application requirements for special exceptions.
(1)
Required information. Applications for special exceptions shall conform to the requirements of § 370-28. In addition, the following factors shall be considered by the Zoning Hearing Board.
(2)
Review factors. In reviewing applications for special exceptions,
the Zoning Hearing Board shall consider all relevant factors and procedures
contained in other sections of the Zoning Chapter, as well as the
following:
(a)
The danger to life and property due to increased flood heights
or velocities caused by encroachments.
(b)
The danger that materials may be swept onto other lands or downstream
to the injury of others.
(c)
The proposed water supply and sanitation systems and the ability
of these systems to prevent disease, contamination, and unsanitary
conditions.
(d)
The susceptibility of the proposed facility and its contents
to flood damage and the effect of such damage on the individual owners.
(e)
The importance of the services provided by the proposed facility
to the community.
(f)
The requirements of the facility for a waterfront location.
(g)
The availability of alternative locations not subject to flooding
for the proposed use.
(h)
The compatibility of the proposed use with existing development
and development anticipated in the foreseeable future.
(i)
The relationship of the proposed use to the comprehensive plan
and floodplain management program for the area.
(j)
The safety of access to the property in times of flood of ordinary
and emergency vehicles.
(k)
The expected heights, velocity, duration, rate of rise, and
sediment transport of the floodwaters expected at the site.
(l)
Such other factors which are relevant to the purposes of this
chapter.
(3)
Supplemental technical review. The Zoning Hearing Board may refer
any application and accompanying documentation pertaining to any request
for special exception to the Township Engineer for technical assistance
in evaluating the proposed project in relation to flood heights and
velocities, and the adequacy of the plans for protection and other
related matters.
(4)
Conditions for approving special exceptions. Special exceptions shall
only be issued after the Zoning Hearing Board has determined that
the granting of such will not result in:
L.
Variances within the Flood Plain Conservation District. If compliance
with any of the requirements of this chapter would result in an unnecessary
hardship for a prospective builder, developer, or landowner, the Zoning
Hearing Board may, upon appeal, grant relief from the strict application
of the requirements.
(1)
Variance requirements. Appeals for variances shall be considered
by the Zoning Hearing Board in accordance with the following:
(a)
No variance shall be granted for any construction, development,
use or activity within any floodway area that would cause any increase
in the base flood elevation, cause additional threats to public safety,
extraordinary public expense, defraud or victimize the public, conflict
with any other applicable laws, ordinances, or regulations, or jeopardize
the flood insurance program of the Township.
(b)
Except for a possible modification of the freeboard requirements, no other revisions or modifications shall be granted, specifically to the Flood Plain Conservation District general design and construction regulations (§ 370-28I).
(c)
If granted, a variance shall involve only the least modification
necessary to provide relief.
(d)
In granting any variance, the Zoning Hearing Board shall attach
whatever reasonable conditions and safeguards it considers necessary
in order to protect the public health, safety, and welfare, and to
achieve the objectives of this chapter.
(f)
In reviewing any request for a variance, the Zoning Hearing
Board shall consider, but not be limited to the following:
(g)
A complete record of all variance requests and related actions
shall be maintained by the Zoning Hearing Board. In addition, a report
of all variances granted during the year shall be included in the
annual or biennial report to the Federal Insurance Administration.
(h)
Notwithstanding any of the above, however, all structures shall
be designed and constructed so as to have the capability of resisting
the base flood.
M.
Appeal requirements for variances. In addition to the requirements of Article XVII, appellants for variances shall provide five copies of the following items:
(1)
A written request including a completed building permit application
form and describing the proposed activity or construction and estimated
cost.
(2)
A map drawn at a scale of one inch equal to not more than 1,000 feet,
showing the site location.
(3)
A plan of the entire site, clearly and legibly drawn at a scale no
smaller than one inch equals 100 feet, showing the following:
(a)
North arrow, scale and date.
(b)
Topography based upon the North American Vertical Datum of 1988,
showing existing and proposed contours at intervals of not more than
two feet.
(c)
All property and lot lines and rights-of-way, including dimensions,
and the size of the site expressed in acres or square feet.
(d)
The location of all existing streets, drives, and other accessways,
and parking areas, with information concerning widths, pavement types
and construction, and elevations.
(e)
The location of any existing bodies of water or watercourses,
buildings, structures and other public or private facilities, including
railroad tracks and facilities, and any other natural and man-made
features affecting, or affected by, the proposed activity or development.
(f)
The location of the floodway and flood fringe boundary lines,
information and spot elevations concerning the base flood and regulatory
flood elevations, and information concerning the flow of water including
direction and velocities.
(g)
The location of all proposed buildings, structures, utilities,
and other improvements.
(h)
Any other information which the municipality considers necessary
for adequate review of the application.
(4)
Plans of all proposed buildings, structures and other improvements,
clearly and legibly drawn at suitable scale showing the following:
(a)
Sufficiently detailed architectural or engineering drawings
including floor plans, sections, and exterior building elevations,
as appropriate.
(b)
For any proposed building, the elevation of the lowest floor
(including basement) and, as required by the Township, the elevation
of any other floor.
(c)
Complete information concerning flood depths, pressures, velocities,
impact and uplift forces, and other factors associated with the base
flood.
(d)
Detailed information concerning any proposed floodproofing measures.
(e)
Cross-section drawings for all proposed streets, drives, other
accessways, and parking areas, showing all rights-of-way and pavement
widths.
(f)
Profile drawings for all proposed streets, drives, and vehicular
accessways including existing and proposed grades.
(g)
Plans and profiles of all proposed sanitary and storm sewer
systems, water supply systems, and other utilities and facilities.
(5)
The following data and documentation:
(a)
Certification from the applicant that the site upon which the
activity or development is proposed is owned by the applicant or the
client he represents or in which the applicant has a demonstrated
equitable interest.
(b)
A statement sealed by a registered professional engineer, architect,
or landscape architect that the proposed construction has been adequately
designed to protect against damage from the base flood.
(c)
A statement, sealed by a registered professional engineer, architect,
or other qualified person, which contains a complete and accurate
description of the nature and extent of pollution that might possibly
occur from the development during the course of a base flood, including
a statement concerning the effects such pollution may have on human
life.
(d)
A statement, sealed by a registered professional engineer, architect,
or landscape architect, which contains a complete and accurate description
of the effects proposed development will have on the base flood elevations
and flows.
(e)
A statement, sealed by a registered professional engineer, architect,
or landscape architect, which contains a complete and accurate description
of the kinds and amounts of any loose buoyant materials or debris
that may possibly exist or be located on the site below the base flood
elevations and flows.
(f)
The appropriate component of the Department of Environmental
Protection's "Planning Module for Land Development," if necessary.
(g)
Where any excavation or grading is proposed, a plan meeting
the requirements of the Department of Environmental Protection to
implement and maintain erosion and sedimentation control.
(h)
Any other applicable permits such as, but not limited to, a
permit for any activity regulated by the Department of Environmental
Protection under Section 302 of Act 166.
(i)
An evacuation plan which fully explains the manner in which
the site will be safely evacuated before or during the course of a
base flood.
A.
Purpose. 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:
(1)
Define and delineate selected natural resources within
the Township and establish resource protection standards to mitigate
potential public hazards associated with land use activity.
(2)
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 North
Coventry Township Comprehensive Plan (2000), as amended:
(a)
Direct growth away from areas with sensitive
natural resources and toward those areas most suitable for development
in terms of available infrastructure (i.e., sewer, water, transportation),
compatible land uses, and least impact on protected resources.
(b)
Enforce existing zoning and subdivision ordinance
standards that protect the Township's sensitive environmental resources,
including: stream corridors, floodplains, woodlands, steep slopes,
wetlands, and groundwater. Strengthen existing ordinance standards
or adopt additional measures where necessary to ensure that resources
are effectively protected.
(c)
Protect the remaining wildlife habitat in the
Township and strive to enhance the natural diversity of the Township's
plants and animals.
(3)
Protect identified natural resources within the Township
in accordance with the following specific objectives of the North
Coventry Open Space, Recreation and Environmental Resources Plan (1993),
as amended:
(a)
Encourage the preservation of the natural characteristics
by protection of woodlands, wetlands, and other natural vegetation.
(b)
Protect existing natural water recharge areas
(hydric soils and floodplain areas) by adopting appropriate zoning,
subdivision, and land development regulations.
(c)
Encourage the growth of vegetation along streams
and water bodies to filter particulates and nutrients and to retard
the flow of water runoff.
(d)
Encourage the conservation of wetlands and the
preservation of hydric soils and wetland vegetation to ensure more
even flow of surface water and reduce surface water runoff.
(e)
Limit development on steep slopes to prevent
the rapid runoff and loss of surface water and to prevent soil erosion.
(f)
Discourage the development and disturbance of
those areas where soils, slopes, or the water table do not readily
allow the establishment or sustenance of natural vegetation.
(g)
Protect water resources to foster a reliable
source of clean water.
(h)
Limit the extent and type of development within
flood-prone areas by adopting up-to-date floodplain management regulations
and practices.
(4)
Support and implement the principles set forth in
Sustainable Watershed Management for Northern Chester County Watersheds
(January 2000) prepared by the Green Valleys Association. The primary
goals of this program are to:
B.
Protection standards.
(1)
General provisions.
(a)
The provisions of this Section 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 Section are in conflict, the more restrictive
provisions shall apply.
(b)
In the event that two or more natural resource
areas identified in this Section overlap, the resource with the most
restrictive standard (the least amount of alteration, regrading, clearing,
or building) shall apply to the area of overlap.
(c)
It shall be a violation of this chapter to regrade,
fill, pipe, divert, build upon or otherwise alter or disturb a natural
resource protected by this section. In addition, submission, review,
and approval of the following permits and applications shall be contingent
upon consistency with the requirements of this section:
(d)
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.
(e)
Restrictions to disturbance of resources shall
apply whether or not construction is proposed on a site and, where
proposed, before, during, and after the construction takes place.
(f)
Plan information required by § 370-29C(1) shall be verified as complete by the Township Engineer or other qualified professional as determined by the Township.
(2)
Floodplain.
(a)
FLOODPLAIN
Definition. As used in this article, the following
terms shall have the meanings indicated:
A relatively flat or low area adjoining a river, stream, or watercourse which is subject to partial or complete inundation, or an area subject to the unusual and rapid accumulation or runoff of surface waters from any source. For the purpose of this chapter, the floodplain shall include, but is not limited to, the area included in the Flood Plain Conservation District as defined in § 370-28 of this chapter.
(3)
Steep slopes.
(a)
STEEP SLOPES
[1]
[2]
[3]
Definitions. As used in this article, the following
terms shall have the meanings indicated:
Slope shall be measured as the change in elevation
over the horizontal distance between consecutive contour lines. For
purposes of this chapter, slope shall be measured over three or more
two-foot contour intervals (six cumulative vertical feet of elevation).
All slope measurements shall be determined by a topographic survey
signed and sealed by a registered surveyor or engineer licensed to
practice in the Commonwealth of Pennsylvania.
Areas of steep slope that are 2,500 square feet
or less of contiguous area shall be exempted from the steep slope
standards set forth in this subsection.
(b)
Resource protection standards.
[1]
Steep slope areas shall be preserved in their
natural state whenever possible. Disturbance shall be kept to the
minimum necessary and, in no case, shall exceed the following permitted
disturbance allowances:
[a]
Precautionary slopes. No more than
20% of such areas shall be regraded, cleared, built upon, or otherwise
altered or disturbed. The maximum impervious surface coverage of such
areas shall be 5%. Areas within street rights-of-way, either public
or private, shall be considered as a lot for the purposes of these
protection standards. Maximum disturbance and impervious surface coverage
percentages shall apply on a per lot basis.
[b]
Prohibitive slopes. No more than
10% of such areas shall be altered, regraded, cleared, built upon,
or otherwise altered or disturbed. The maximum impervious surface
coverage of such area shall be 2%. Areas within street rights-of-way,
either public or private, shall be considered as a lot for the purposes
of these protection standards. Maximum disturbance and impervious
surface coverage percentages shall apply on a per lot basis. The permitted
10% disturbance on prohibitive slopes shall be limited to the following
activities:
[i]
Grading for the minimum portion
of a driveway necessary for access to the principal use and sewer,
water, and other utility lines when it can be demonstrated that no
other route is feasible.
[ii]
Timber harvesting, when conducted in compliance with the required timber harvesting plan described in § 370-29B(7)(g).
[Amended 5-26-2009]
[2]
Each building or structure shall be constructed
in such a manner as to provide the least alteration necessary to the
existing grade and natural soils condition.
[3]
Finished slopes of all permitted cut and fill
within steep slopes shall not exceed 25% slope. All stockpiles of
earth shall be seeded or otherwise stabilized when stored for more
than 30 days.
[4]
Finished driveways in steep slope areas shall
cross the slope with the least disturbance reasonably possible.
[5]
Any disturbance of land shall be in compliance with the erosion and sedimentation control standards of Chapter 194, Grading, Erosion and Sediment Control; Stormwater Management.
[Amended 1-27-2014]
[a]
An erosion and sedimentation control plan shall be submitted consistent with the requirements of Chapter 194, Grading, Erosion and Sediment Control; Stormwater Management.
[b]
Such plan shall include a narrative
describing the measures to be used to stabilize disturbed areas during
and upon completion of construction.
[c]
The plan and accompanying narrative
shall be reviewed by the Township Engineer.
(4)
Watercourses/riparian buffers.
(a)
LAND DISTURBANCE
RIPARIAN BUFFER
[1]
[2]
[a]
[b]
[i]
[ii]
WATERCOURSE
WOODLAND DISTURBANCE
Definitions.
Any activity which exposes soils, alters topography and/or
alters vegetation, except for removal of a safety hazard, diseased
trees, or invasive vegetation.
A riparian buffer is an area of trees and other
vegetation adjacent to a watercourse that forms a transition area
between the aquatic and terrestrial environment. The riparian buffer
provides the following benefits: reduces the amount of nutrients,
sediments, pesticides, and other harmful substances that reach watercourses,
wetlands, and other surface water bodies; provides for shading of
the aquatic environment to moderate temperatures and protect fish
habitat; provides organic matter which provides food and habitat for
bottom dwelling organisms essential to the food chain; increases streambank
stability and reduces streambank erosion and sediment production;
conserves natural features important to land and water features (e.g.,
headwater areas, groundwater recharge zones, streams, and prime wildlife
habitat); and conserves natural, scenic, and recreation areas and
promotes the functioning of greenways.
For the purposes of this chapter, the riparian
buffer shall be divided into two zones: (See Figure 9-1.)
Zone One: Inner Riparian Buffer. This zone begins
at the top of each streambank of a watercourse and occupies a margin
of land with a minimum width of 35 feet measured horizontally on a
line perpendicular to the edge of the water at the top of the defined
bank (at bankfull), as reviewed and approved by the Township Engineer.
Where prohibitive slopes more than 25% are located within 35 feet
of a watercourse, Zone One shall extend the entire distance of this
sloped area.
Zone Two: Outer Riparian Buffer. This zone begins
at the outer edge of Zone One and occupies a minimum width of 65 feet
in addition to Zone One.
In cases where Zone One extends beyond 35 feet
due to the presence of prohibitive slopes, the width of Zone Two shall
be adjusted so that the full riparian buffer equals a total width
of 100 feet.
Where the Zone Two riparian buffer is not wooded,
it shall be maintained as a filter strip of dense grass and forbs
or other features to provide sediment filtering, nutrient uptake,
and convert concentrated flow to uniform, shallow, sheet flow. (See
Subsection B(4)(b)[5] below for requirements in buffer areas without
preexisting vegetation.)
|
Figure 9-1
Riparian Buffer
| |
|---|---|
 |
A channel or conveyance of surface water, such as a stream,
creek, or run, having a defined bed and banks, whether natural or
artificial, with perennial or intermittent flow. For the purposes
of this chapter, a watercourse shall not include man-made swales constructed
expressly for the purpose of stormwater management.
(1) Any activity which alters the existing structure of a woodland or hedgerow. Alterations include the cutting or removal of canopy trees, subcanopy trees, understory shrubs and vines, and herbaceous woodland floor species; (2) Any activity which constitutes a land disturbance within a woodland or hedgerow. Woodland disturbance does not include the selective cutting or removal of invasive plant species. (See "invasive plant species" definition in Article II for examples of invasive plants.)
(b)
Resource protection standards.
[1]
Watercourses shall not be regraded, filled,
piped, diverted, built upon, or otherwise altered or disturbed except
where design approval is obtained from the Township and, if required,
the Pennsylvania Department of Environmental Protection.
[2]
Zone One Riparian Buffer. Except as follows,
no woodland disturbance or other land disturbance shall be permitted
within the Zone One Riparian Buffer:
[a]
Regulated activities permitted
by the commonwealth (i.e., permitted stream or wetland crossing);
maximum Zone One area disturbance permitted for this use: 5%;
[b]
Provision for unpaved trail access;
[c]
Selective removal of a safety hazard,
diseased trees, or invasive plant species;
[d]
Vegetation management in accordance
with a Township approved landscape plan or open space management plan;
or
[e]
A soil or stream conservation project,
including reforestation and streambank stabilization, approved by
the Chester County Conservation District.
[3]
Zone Two Riparian Buffer.
[a]
No more than 10% of a Zone Two
Riparian Buffer shall be regraded, filled, built upon, or otherwise
altered or disturbed.
[b]
Those activities permitted in the Zone One Riparian Buffer shall be permitted in the Zone Two Riparian Buffer and shall, except as noted for stream or wetland crossings in Subsection B(4)(b)[1] above, not be counted towards the 10% disturbance allowance.
[4]
In no case shall the total riparian buffer width
be reduced to less than 75 feet in width, measured from the top of
each streambank. Where the riparian buffer is reduced to less than
the one-hundred-foot total width, the following measures shall be
provided:
[a]
Best Management Practices (BMPs)
such as level spreaders, meadow grass filter strips, or similar techniques
to disperse overland flow prior to entering the protected buffer area
where the width of the buffer is less than 100 feet.
[b]
Comprehensive stormwater management
practices[2] to ensure that postdevelopment conditions are consistent
with the natural characteristics of the receiving stream, including
stormwater quality BMPs.
[2]
Note: (i.e., Practices that promote infiltration,
reduce impervious surface, achieve postdevelopment "meadow condition"
hydrologic characteristics, remove pollutants from stormwater prior
to release, protect stable stream channel, reduce runoff rates, protect
wetlands and floodplains, etc.)
[c]
Conservation design techniques
that minimize the amount of stormwater runoff and maximize the use
of pervious areas for infiltration of rainfall and stormwater.
[5]
When a subdivision or land development is proposed
where there is no established vegetated or wooded buffer (such as
in areas previously cultivated for agriculture) a one-hundred-foot
riparian buffer shall be established and maintained in accordance
with the following guidelines:
[a]
Forested and unforested vegetation
shall be established through natural succession. Selective planting
shall be incorporated on sites devoid of vegetation to stimulate native
species and discourage invasive species.
[b]
Plant selection and planting shall
be consistent with Chester County Conservation District, PaDEP or
USDA riparian forested buffer guidance. (The applicant is encouraged
to involve local volunteer groups in the buffer planting.)
[6]
An erosion and sedimentation control plan, consistent with the requirements of Chapter 194, Grading, Erosion and Sediment Control; Stormwater Management, shall be required for any land disturbance proposed within 500 feet of any watercourse.[3]
[Amended 1-27-2014]
[3]
Editors Note: Former Subsection B(4)(b)[7], regarding timber
harvesting, which immediately followed, was repealed 7-11-2022 by
Ord. No. 02-2022.
(5)
Wetlands.
(a)
LAKES AND PONDS
WETLANDS
Definitions. As used in this article, the following
terms shall have the meanings indicated:
Natural or artificial bodies of water which retain water
year-round. Artificial bodies of water may be created by dams, or
result from excavation. Lakes are bodies of water two or more acres
in area. Ponds are bodies of water less than two acres in area.
Those areas that are inundated and saturated by surface or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, including
swamps, marshes, bogs, and similar areas. More specifically, any area
meeting the official wetland definition of the U.S. Army Corps of
Engineers or the Pennsylvania Department of Environmental Protection,
as amended, shall be considered a wetland for the purposes of this
chapter. In the event there is a conflict between the definitions
of these agencies, the more restrictive definition shall apply.
(b)
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 (Bureau of Dams and Waterway
Safety and Bureau of Water Quality Management) and the U.S. 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.
[4]
Relocated/replaced wetlands and wetland margins,
when permitted, shall be at least as large as the original wetlands,
of the same composition, within North Coventry Township, and as close
to the original site as possible, all shall subject to Township approval.
(c)
Delineation. The applicant shall delineate the limits of the wetlands and lakes and ponds on the site or within 100 feet of the site in accordance with § 370-29C. In addition, the following information shall 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 a 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 Township Board of
Supervisors on the recommendation of the Township Engineer.
[4]
Where applicable, evidence that the contacts required by Subsection B(5)(b)[1] above have been made.
[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 U.S. Army Corps of Engineers Wetlands Delineation
Manual, Technical Report Y-87-1, January 1987, were found to exist."
[6]
The Township, at its discretion, may require
a Jurisdictional Determination from the U.S. Army Corps of Engineers.
(6)
Wetland margins.
(a)
HYDRIC SOILS
[1]
[2]
LAKE AND POND SHORELINES
WETLAND MARGIN
Definition. As used in this article, the following
terms shall have the meanings indicated:
A soil that is saturated, flooded, or ponded
long enough during the growing season to develop anaerobic conditions
that favor the growth and regeneration of wetlands vegetation. For
the purposes of this chapter, hydric soils include any soil inventoried
or described as hydric or as a soil with hydric inclusions according
to the Soil Survey of Chester and Delaware Counties, Pennsylvania,
or other information provided by the U.S. Soil Conservation Service
(SCS). In North Coventry Township, hydric soils shall include, but
are not limited to:
|
Soils with Major Hydric Components
|
Soils with Hydric Inclusions and Hydric
Component of the Inclusions
| |
|---|---|---|
|
Bowmansville silt loam (Bo)
|
Chewacla silt loam (Ch) - Wehadkee (We)
| |
|
Croton silt loam (Cr)
|
Congaree silt loam (Cn) - Wehadkee (We)
| |
|
Wehadkee silt loam (We)
|
Readington silt loam (Rd) - Croton (Cr)
| |
|
Worsham silt loam (We)
|
Rowland silt loam (Ro, Rp) - Bowmansville silt
loam (Bo)
|
Where site conditions indicate that the location
of hydric soils or the hydric inclusions differ from locations indicated
by the SCS, the burden shall be upon the applicant to verify such
location(s) to the satisfaction of the Township Engineer, otherwise
the SCS information shall be presumed to be accurate. Where the applicant
seeks reclassification of hydric soils and their location, such reclassification
shall be undertaken by a certified soil scientist or other similarly
qualified professional.
The land side edges of lakes and ponds from established shoreline
to an upland boundary. For the purposes of this chapter, such boundary
shall be equivalent to that required for a wetland margin.
The transitional area extending from the outer limit of the
wetland. For the purposes of this chapter, the wetland margin shall
extend a minimum of 50 feet from the wetland boundary. When the wetland
boundary is adjacent to hydric soils, hydric soil inclusions or precautionary
or prohibitive slopes, the wetland margin shall extend to the limit
of such hydric soils or slopes or to 50 feet, whichever is greater.
However, in no case shall the wetland margin be required to extend
beyond 100 feet from the edge of the wetland boundary. The wetland
margin definition and protection standards shall also apply to the
perimeter of approved wetland mitigation areas where all state and
federal permits have been received. The limit of the hydric soils
shall be as defined in this chapter unless reclassified by a certified
soil scientist.
(b)
Resource protection standards.
[1]
Except as noted below, no more than 10% of a
wetland margin shall be graded, regraded, filled, built upon, or otherwise
altered or disturbed.
[2]
The following uses or activities shall be permitted in the wetland margin and shall, except as noted in Subsection B(6)(b)[2][a], not be counted towards the 10% disturbance allowance:
[a]
Regulated activities permitted
by the commonwealth (i.e., permitted stream or wetland crossing, maximum
disturbance permitted - 5% which shall count towards the 10% disturbance
allowance);
[b]
Provision for unpaved trail access;
[c]
Selective removal of a safety hazard,
diseased trees, or invasive plant species;
[d]
Vegetation management in accordance
with a Township approved landscape plan or open space management plan;
or
[e]
A soil or stream conservation project
approved by the Chester County Conservation District.
[4]
For the purposes of this chapter, wetland margin
protection standards shall also apply to lake and pond shorelines.
(7)
Woodlands.
(a)
ACCESS ROAD
BUFFER ZONE
CANOPY or FOREST CANOPY
CLEAR-CUTTING
DBH
DRIPLINE
EROSION
FELLING
FOREST MANAGEMENT
HEDGEROW
HIGH-VALUE SPECIES
INVASIVE PLANT SPECIES
LANDING
LEGAL HOLIDAY
LITTER
LOP
OPERATOR
OWNER; LANDOWNER
PRE-COMMERCIAL TIMBER STAND IMPROVEMENT
PROFESSIONAL CONSULTING FORESTER
[1]
[2]
[3]
[4]
RARE SPECIES SITE
SEDIMENT
SKIDDING
SKID ROAD/HAUL ROAD
SKID TRAIL
SLASH
SPECIMEN VEGETATION
STAND
STREAM
[1]
[2]
TIMBER HARVESTING, TREE HARVESTING or LOGGING
TIMBER HARVESTING PLAN
TOPS
TREE PROTECTION ZONE
WOODLAND DISTURBANCE
WOODLANDS
Definitions. As used in this section, the following
terms shall have the meanings indicated:
[Amended 5-26-2009]
A roadway, normally designed and intended for use by motor
vehicles, which provides access to or into the forest land.
An area of variable width and length, in which forest practices
are restricted and that is intended to provide a natural visual screen,
prevent damage to adjoining properties or to protect environmental
features.
The aerial cover formed by the outermost leaves and branches
on the tree within any woodland area.
The removal of essentially all trees from a stand.
The diameter of a tree at breast height, measured at 4.5
feet from the ground surface at the point of the highest elevation
in contact with the trunk of such tree.
The line extending vertically from the exterior edge of the
outermost leaves and branches on the tree to the ground.
The wearing away of the land surface by action of wind, water,
gravity or other natural forces.
The act of cutting a standing tree so that it falls to the
ground.
The practical application of biological, physical, quantitative,
managerial, economic, social and policy principles to the regenerations,
management, utilization and conservation of forests to meet specified
goals and objectives while maintaining the productivity of the forest.
Note: Forest management includes management for aesthetics, fish,
recreation, urban values, water, wilderness, wildlife, wood products
and other forest resource values.
A linear plant community dominated by trees and/or shrubs.
Hedgerows often occur along roads, fence lines or property lines,
or between fields, and may occur naturally or be specially planted
(e.g., as a windbreak). For the purposes of this section, hedgerows
are considered woodlands and regulated as such regardless of area
or tree size.
Any tree(s) of the following species that is greater than
or equal to 12 inches in diameter at breast height (DBH):
|
Botanical Name
|
Common Name
|
|---|---|
|
Acre saccharium
|
Sugar Maple
|
|
Carya cordiformis
|
Bitternut Hickory
|
|
Carya glabra
|
Pignut Hickory
|
|
Carya ovata
|
Shagbark Hickory
|
|
Carya tomentosa
|
Mockernut Hickory
|
|
Fagus grandifolia
|
American Beech
|
|
Fraxinus americana
|
White Ash
|
|
Juglans nigra
|
Eastern Black Walnut
|
|
Quercus alba
|
White Oak
|
|
Quercus bicolor
|
Swamp White Oak
|
|
Quercus coccinea
|
Scarlet Oak
|
|
Quercus montana
|
Chestnut Oak
|
|
Quercus palustris
|
Pin Oak
|
|
Quercus rubra
|
Northern Red Oak
|
|
Quercus velutina
|
Black Oak
|
Predominantly nonnative, nonindigenous, alien tree, shrub,
vine or herbaceous species that grow or reproduce aggressively, usually
because they have few or no natural predators, and which can so dominate
an ecosystem that they kill off or drive out many indigenous plant
species. Invasive trees, shrubs, vines or herbaceous species include,
but are not limited to: Norway Maple (Acer platanoides), Tree-of-Heaven
(Ailanthus altissima), Paper Mulberry (Broussonetia papyrifera), White
Mulberry (Mows alba), Empress Tree (Paulownia tomentosa), White Poplar
(Populus alba), Multiflora Rose (Rosa multiflora), Japanese Barberry
(Berberis thunbergii), European Barberry (Berberis vulgaris), Autumn
Olive (Eleagnus umbrella), Border Privet (Ligustrum obtusifolium),
Common Privet (Ligustrum vulgare), Morrow's Honeysuckle (Lonicera
morrowii), Tartarian Honeysuckle (Lonicera tatarica), Japanese Honeysuckle
(Lonicera japonica), Common Buckthorn (Rhamnus cathartica), Wineberry
(Rubus phoenicolasius), Japanese Spiraea (Spiraea japonica), Linden
Viburnum (Viburnum dilatatum), Guelder Rose (Viburnum opulus), Oriental
bittersweet (Celastrus orbiculatus), Leatherleaf Climatis (Clematis
terniflora), Mile-a-Minute Weed (Polygonum perfoliatum), Kudzu (Pueraria
lobata), Garlic Mustard (Alliaria pertiolata), Canada Thistle (Cirsium
arvense), Crown Vetch (Coronilla varia), Tall Fescue (Festuca elatior),
Purple Loosestrife (Lythrum salicaria), Sweet Clover (Melilotus afficinalis),
Japanese Stilt Grass (Microstegium vimineum), Reed Canary Grass (Phalaris
arundinacea), and Johnson Grass (Sorghum halepense).
A place where logs, pulpwood or firewood are assembled for
transportation to processing facilities.
The term "legal holiday," as used in this chapter, shall
mean and include New Year's Day, birthday of Martin Luther King, Jr.,
Washington's Birthday, Memorial Day, Independence Day, Labor Day,
Columbus Day, Veterans Day, Thanksgiving Day and Christmas Day.
Discarded items not naturally occurring on the site such
as tires, oil cans, equipment parts and other rubbish.
To cut tops and slash into smaller pieces to allow material
to settle close to the ground.
An individual, partnership, company, firm, association or
corporation engaged in timber harvesting, including the agents, subcontractors
and employees thereof.
[Amended 7-11-2022 by Ord. No. 02-2022]
An individual, partnership, company, firm, association or
corporation that is in actual control of forest land, whether such
control is based on legal or equitable title, or any other interest
entitling the holder to sell or otherwise dispose of any or all of
the timber on such land in any manner, and any agents thereof acting
on their behalf, such as forestry consultants, who set up and administer
timber harvesting.
[Amended 7-11-2022 by Ord. No. 02-2022]
A forest practice, such as thinning or pruning, that results
in better growth, structure, species composition, or health for the
residual stand but does not yield a net income to the landowner, usually
because any trees cut are of poor quality, too small, or otherwise
of limited marketability or value.
[Added 7-11-2022 by Ord. No. 02-2022]
A forester who has obtained the professional certification
of Certified Forester®, by the Society of American Foresters (SAF)
or full membership in the Association of Consulting Foresters of America
(ACF), for the purposes of this section shall be considered a professional
consulting forester. Alternatively, and prior to filing any permit
application, an individual can petition the Board of Supervisors to
qualify as a professional consulting forester under this chapter by
submitting his or her educational and professional qualifications,
samples of previous timber harvest plans and references from Pennsylvania
townships/boroughs for review. The minimum requirements of a person
for consideration are:
A Bachelor of Science degree in Forestry from a college accredited
by the Society of American Foresters;
Engagement in forestry consulting work to the general public
on a fee or contractual basis;
No economic interest in timber purchasing or procurement entities;
and
Preparation of a minimum of five approved Timber Harvesting
Plans within the state.
Any area which has been identified as possessing floral or
faunal species of concern or sites in which federally and/or state-recognized
rare, threatened or endangered species of flora and/or fauna are present.
Solid material, both mineral and organic, that is in suspension,
is being transported, has been deposited or has been removed from
its site of origin by erosion.
Dragging trees on the ground from the stump to the landing
by any means.
A main pathway, normally intended for repeated skidding to
each skid trail, where excessive exposure of soils can be expected
from heavy use.
A secondary pathway, intended for use skidding to a tree
or small group of trees, where extensive exposure of soils is not
expected.
Woody debris left in the woods after logging, including logs,
chunks, bark, branches, uprooted stumps, and broken or uprooted trees
or shrubs.
[Amended 7-11-2022 by Ord. No. 02-2022]
Individual trees or other vegetation determined to be of
specimen quality as determined by a registered landscape architect
or which generally fall within the parameters of the following table
shall be protected in accordance with these standards. The examples
of specimen trees included in the following table are intended to
provide general guidelines and examples of what constitutes a specimen
tree and are not considered all inclusive.
|
Examples of Specimen Trees[5]
| |||||
|---|---|---|---|---|---|
|
Species
|
Minimum
Size
(dbh)
(inches)
|
Species
|
Minimum Size
(dbh)
(inches)
|
Species
|
Minimum Size
(dbh)
(inches)
|
|
Apple
|
24
|
Locust
|
30
|
Sassafras
|
20
|
|
Ash
|
32
|
Maple
|
32
|
Spruce
|
30
|
|
Beech
|
32
|
Sycamore
|
36
| ||
|
Cherry
|
24
|
Oak
|
32
|
Tulip Poplar
|
36
|
|
Elm
|
30
|
Osage Orange
|
20
|
Walnut
|
30
|
|
Hemlock
|
30"
|
Pine
|
30"
|
Hickory
|
32"
|
Any area of forest vegetation whose site conditions, past
history, and current species composition are sufficiently uniform
to be managed as a unit.
[Amended 7-11-2022 by Ord. No. 02-2022]
Any channel or conveyance of surface water having a defined
bed and banks, whether natural or artificial, with perennial or intermittent
flow.
PERENNIAL STREAMA stream whose water flow normally occurs year round.
INTERMITTENT STREAMA stream whose water flow normally occurs in the wetter part of the year (October through April) or following major storm events.[6]
That part of forestry involving cutting down trees and removing
logs from the forest for the primary purpose of sale or commercial
processing into wood products.
[Added 7-11-2022 by Ord. No. 02-2022]
A description, by means of text and maps, of proposed actions
involving the removal of trees from a tract of land.
The upper portion of a felled tree not merchantable because
of small size, taper or defect.
The area radial to the trunk of a tree in which no construction
activity shall occur. The tree protection zone shall be 15 feet from
the trunk of the tree to be retained or the distance from the trunk
to the drip line, whichever is greater. Where there is a group of
trees or woodlands, the tree protection zone shall be the aggregate
of the protection zones for the individual trees. (See Figure 9-2.)
|
Figure 9-2
Tree Protection Zone (TPZ)
| |
|---|---|
 |
Any activity which alters the existing structure of a woodland or hedgerow; alterations include the cutting or removal of canopy trees, subcanopy trees, understory shrubs and vines, woody and herbaceous woodland floor species. Woodland disturbance also includes any activity which constitutes a land disturbance (exposes soils, alters topography, destroys habitat) within a woodland or hedgerow. Woodland disturbance does not include the selective cutting or removal of invasive plant species. (See definition in Article II for examples of invasive plants.)
A tree mass or plant community in which tree species are dominant or co-dominant and the branches of the trees form a complete, or nearly complete, aerial canopy. Any area, grove or stand of mature or largely mature trees (i.e., larger than six inches DBH) covering an area of 1/4 acre or more, or consisting of 10 individual trees larger than six inches DBH, shall be considered a woodland. Woodlands do not include commercial horticulture enterprises, such as orchards, Christmas tree farms and commercial nurseries, which hold a valid permit from the Pennsylvania Department of Agriculture. Any area, grove or stand of trees which has been harvested in accordance with silvaculture principles and/or is the subject of a Forest Management Plan, including the forestry activities of development, cultivation, harvesting and regeneration, regardless of the current condition or density of aerial canopy shall be considered a woodland for the purpose of this chapter. When determining the extent of woodland disturbance for the purpose of calculating the applicable tree replacement standards for § 370-29B(7)(d), woodlands shall include any area where timber has been harvested within the previous 10 years and/or woodland disturbance has occurred within the previous 10 years which would have met the definition of "woodlands" prior to the timbering or disturbance.
[5]
Note: These sizes were developed by the Brandywine
Conservancy and are the approximate size of a 70+ year old tree.
[6]
Editor's Note: The former definitions of "timber harvesting
and logging" and "timber harvesting operation," which immediately
followed this definition, were repealed 7-11-2022 by Ord. No. 02-2022.
(b)
Resource protection standards.
[1]
Disturbance allowance for woodlands and hedgerows.
[a]
Unless undertaken as a Township
approved timber harvesting operation[7] conducted in compliance with the required timber harvesting
plan, no more than 25% of woodlands and hedgerows shall be regraded,
cleared, built upon or otherwise altered or disturbed for residential
uses and no more than 35% of woodlands and hedgerows shall be regraded,
cleared, built upon or otherwise altered or disturbed for nonresidential
uses. Where woodlands and hedgerows overlap other protected natural
resources, the more restrictive disturbance standard shall apply.
When determining the total acreage and the degree of disturbance permitted,
areas of woodlands and hedgerows shall be considered in combination
as a single resource.
[7]
Note: Exceptions for timber harvesting are
included because Section 603 (f) of the MPC states that "Zoning ordinances
may not unreasonably restrict forestry activities." In addition, this
section states that "forestry activities, including, but not limited
to, timber harvesting, shall be a permitted use by right in all zoning
districts in every municipality."
[b]
Unless specifically exempt by this chapter, no tree shall be cut or otherwise removed from any lands in the Township unless a tree removal permit has been secured in compliance with § 370-29B(7)(e).
[2]
Protection of specimen vegetation. Specimen
vegetation shall not be removed from any lot or tract except where
the applicant demonstrates to the satisfaction of the Township that
such removal is essential to eliminate a hazardous condition(s) or
there is a demonstrable financial hardship if the vegetation is not
removed. Where permitted, removal of specimen vegetation shall be
minimized.
[3]
Guidelines for permitted woodland disturbance.
In determining where permitted woodland disturbance will occur, the
following factors shall be considered:
[a]
The applicant shall consider the
location(s) and benefits of the conservation of mature, healthy woodland
stands and their importance as wildlife habitat.
[b]
Each building or structure shall
be constructed in such a manner as to provide the least alteration
necessary of the existing woodland. Where possible, the amount of
clear-cutting shall be minimized and trees shall be selectively removed.
[c]
Trees which are retained shall be identified and protected in accordance with the provisions of Subsection B(7)(c), Tree protection zone, below.
[d]
Woodland disturbance that would
threaten the growth of remaining trees shall be avoided.
[e]
Woodlands and other natural vegetation
that remain undisturbed shall interconnect with woodlands or wooded
areas of adjacent properties, where they exist, to preserve continuous
woodland corridors and allow for the normal movement, dispersion,
and migration of wildlife. The applicant shall consider the impacts,
in terms of functions and values to wildlife, of separating, dividing,
or encroaching on wildlife travel corridors or extensive habitat areas,
especially woodlands exceeding 10 acres in area.
(c)
Tree protection zone. In order to prevent injury
to those trees which have been designated for protection, a tree protection
zone shall be established, prior to any land disturbance, where trees
or woodlands on the site are to be retained. In this zone, the following
standards shall apply:
[1]
Grade changes and excavations shall not encroach
upon the tree protection zone.
[2]
Trees being removed shall not be felled, pushed,
or pulled into a tree protection zone or into trees to be retained.
[3]
No toxic materials, including petroleum based
and derived products, shall be stored within 100 feet of a tree protection
zone.
[4]
The area within the tree protection zone shall
not be built upon, nor shall any materials be stored there either
temporarily or permanently. Vehicles and equipment shall not be parked
in the tree protection zone.
[5]
Sediment, retention and detention basins shall
not be located within the tree protection zone, nor shall they discharge
into the tree protection zone.
[6]
When tree stumps are located within 10 feet
of the tree protection zone, the stumps shall only be removed by means
of a stump grinder to minimize the effect on the surrounding root
systems.
[7]
Tree roots which must be severed shall be cut
by a backhoe or similar equipment aligned radially to the tree. (This
method reduces the lateral movement of the roots during excavation,
which if done by other methods, could damage the intertwined roots
of adjacent trees.)
[8]
Within four hours of any severance of roots,
all tree roots that have been exposed and/or damaged shall be trimmed
cleanly and covered temporarily with moist peat moss, moist burlap
or other biodegradable material to keep them from drying out until
permanent cover can be installed.
[9]
If there is no alternative but to locate a utility
line through a tree protection zone, tunneling shall be used instead
of trenching, except where in the opinion of the Township, survival
of the tree would not be affected by either method. The Township shall
determine the most desirable location for the utility line. Trenches
shall be filled as soon as possible, and tamped lightly to avoid air
spaces.
[10]
Marking the tree protection zone
on the site. Prior to construction, the tree protection zone shall
be delineated by the following methods:
[a]
The tree protection zone that is
delineated on the site prior to construction shall conform to the
approved development plans.
[b]
All trees scheduled to remain shall
be marked; where groups of trees exist, only the trees on the edge
need to be marked.
[c]
A suitable fence mounted on steel
posts, located eight feet on center, shall be placed along the boundary
of the tree protection zone. The fencing along the zone shall be maintained
until all construction and other work has been completed. Any damages
to the protective fencing shall be replaced and repaired before further
construction commences.
[d]
In addition to the tree protection
zone, trees may be left standing as protection between the trunks
of the trees to be retained and the limits of grading. When additional
trees are used as protection, the tree protection zone on the approved
plan shall be marked in the field so that the additional buffer area
is delineated. When this method of protection is used, these additional
trees shall be removed at the time of completion of the project.
(d)
Tree replacement.
[1]
Applicability.
[a]
Except when undertaken as an approved
tree harvesting operation, tree replacement shall be required whenever
permitted woodland disturbance exceeds either of the following standards:
[i]
Woodland disturbance in excess
of 15,000 square feet of existing woodland for each principal use
permitted on a lot or tract.
[ii]
Woodland disturbance in excess
of 25% of an existing woodland on the subject tract measured in its
entirety or woodland disturbance in excess of 50% on any single lot
within a subdivision.
[b]
In determining the extent of the
woodland disturbance, it shall include the entire area within the
drip line of any tree comprising a wooded area, where any portion
of the drip line of such tree is subject to disturbance.
[2]
Tree replacement standards.
[a]
When required, the replacement of trees shall occur on the same lot or tract where disturbance occurs, except as may otherwise be permitted in Subsection B(7)(d)[2][c] below, and shall occur as prescribed in the Table 9-1, Tree Replacement Schedule.
|
Table 9-1
| ||
|---|---|---|
|
Tree Replacement Schedule
| ||
|
DBH of Tree Removed
|
Number of Replacement Trees
(minimum three-inch caliper)
| |
|
Less than 6 inches
|
1
| |
|
Between 6 and 12 inches
|
3
| |
|
Between 12 and 18 inches
|
5
| |
|
Between 18 and 24 inches
|
7
| |
|
Between 24 and 30 inches
|
10
| |
|
Between 30 and 36 inches
|
12
| |
|
36 inches or greater
|
The equivalent number of three-inch caliper
trees or greater needed to equal the DBH of the removed tree.
| |
[b]
Replacement trees shall be of nursery
grade quality, balled and burlapped.
[c]
Where replacement trees are required
but not suitable for the particular site prescribed due to the size
of the site or other limitations, the trees shall be used for planting
on public lands as close to the tract as possible. Such alternative
sites shall be as approved by the Township.
[d]
The type of replacement trees shall
be the same species as removed from the site unless the tree removed
was an invasive or nonnative plant species or another species acceptable
to the Township. The choice of replacement trees shall be approved
by the Township.
[e]
Specimen trees retained shall be
credited toward the tree replacement requirement at a ratio of three
trees credited for each one specimen tree retained.
[f]
Replacement trees shall have been
grown within the same USDA hardiness zone as the lot or tract and
shall be nursery grown, except those deemed by the Township to be
acceptable for transplanting from other disturbed portions of the
lot or tract.
[g]
Species of replacement plantings
shall reflect careful site evaluation, including:
[i]
Existing and proposed site conditions
and their suitability for the tree species, based on geology, hydrology,
soil, and microclimate.
[ii]
Specific functional and design
objectives, including replacement of the woodlands being removed,
enhancement of existing woodlands, reforestation of riparian buffers,
landscape buffering, visual screening, noise abatement, energy conservation,
wildlife habitats, and maximizing aesthetic values.
[iii]
Maintenance considerations such
as hardiness, resistance to insects and disease, longevity, and availability.
[iv]
Because of the many benefits of
native species (ease of maintenance, longevity, wildlife habitat,
etc.), the use of nursery grown, free-fruiting native trees is strongly
encouraged. Selection should reflect species diversity characteristic
of the native deciduous landscape of Chester County.
[h]
The planting of replacement trees
shall be done by or supervised by a person with horticultural training
in tree care and planting methods.
[i]
Newly planted replacement trees
shall be monitored for a period of one year to ensure the health of
the trees. If a replacement tree(s) dies or is dying within the one
year period, the applicant shall replace the dead tree(s) at no cost
to the Township.
(e)
Tree removal permits.
[1]
Applicability.
[a]
Except for the exemptions set forth in Subsection B(7)(e)[2], below, no trees shall be cut or otherwise removed from any lands in the Township without a tree removal permit.
[b]
All applications for approval of
a subdivision or land development, building permit, special exception,
conditional use, or zoning variance requiring tree removal shall include
an application for a tree removal permit. Any lot owner, whether residential
or nonresidential, wishing to remove trees from said lot shall comply
with the appropriate sections of this chapter.
[c]
Applications for tree removal permits
shall be submitted to the Zoning Officer for review and approval.
|
No tree planted or preserved as part of any
landscape plan or in accordance with any street tree requirement approved
in conjunction with a subdivision or land development plan shall be
removed, except for such trees directed to be removed pursuant to
other sections of this chapter.
|
[2]
Exemptions. The following shall be exempt from
requirements for a tree removal permit:
[a]
Trees expressly grown for or by
commercial nurseries, fruit orchards, and Christmas tree farms.
[b]
Trees removed in conjunction with farmland greater than five acres in size that will be actively devoted primarily to agricultural uses and that yield a minimum annual gross income of 500 dollars from said farming activities except that where the owner desires to remove any trees for the purpose of expanding farmlands, an inventory of trees to be removed, identified by size and species, shall be prepared and filed with the Township Zoning Officer prior to any tree removal. In the event the expanded farmlands are not actively devoted primarily to farming activities for a period of seven years following tree removal, the tree replacement provisions of § 370-29B(7)(d) shall apply.
[c]
Trees removed from residential
lots that are less than two times the minimum required lot size, where
removal is no more than three trees with a six-inch dbh or less in
any two-year period.
[d]
Trees removed from residential
lots that are greater than two times the required lot size and are
removing no more than six trees with a six-inch dbh or less in any
two-year period.
[e]
Any tree which is located within
a cemetery.
[f]
Trees directed to be removed by
municipal, county, state, or federal authority pursuant to law.
[g]
Removal of trees which are dead
or dying (except within a Zone 1 Riparian Buffer), diseased trees,
trees which have suffered damage, or any tree whose angle of growth
makes them a hazard to structures, roads, or human life.
[h]
Removal of trees which appear to
cause structural damage to buildings or foundations.
[i]
Pruning or removal of trees within
the right-of-way by utility companies for maintenance of utility wires
or pipelines and the pruning of trees within sight easements.
[j]
Removal of trees less than one
year in age.
[k]
Timber harvesting operations requiring submission of a logging plan under § 370-29B(7)(g)[4][b].
[Added 7-11-2022 by Ord. No. 02-2022]
[3]
Tree removal permit requirements. The application
for a tree removal permit shall include the following information:
[a]
Name and address of the owner of
the lot or tract and legal status (individual, partnership, corporation,
etc.).
[b]
Description of the lot or tract
where removal is to take place, including lot and block numbers and
street address as assigned.
[c]
A list of all trees to be removed
with a dbh equal to or greater than six inches identified by size
and species, including total number of each species to be removed.
[d]
Purpose for tree removal (new construction,
street or roadway, driveway, utility easement, recreation areas, parking
lot, etc.).
[e]
Proof that there are no delinquent
property taxes or assessments due on the property for which the application
is submitted.
[f]
Sufficient information to allow a determination that the proposed tree removal is consistent with the woodland removal limitations and standards of § 370-29B(7) and any other applicable ordinance requirements.
[g]
Such other information as may be
deemed necessary by the Zoning Officer to effectively process and
evaluate such permit application.
[4]
Tree removal permit time limits.
[a]
Where the tree removal permit application
is submitted as part of an application for a subdivision or land development,
the time for approval shall be governed by the timing requirements
applicable to subdivision and land developments.
[b]
Where the application is made in
connection with a lot that is not part of a subdivision or land development,
the Township shall act on the application within 30 days of its receipt
or within such additional time as is consented to by the applicant.
Failure to act on the application within 30 days, or any agreed to
extension thereof, shall be deemed to be an approval of the application.
[c]
Approval by default with regard
to subdivision or land development plans shall not be deemed a waiver
of the tree removal permit.
[5]
Duration of tree removal permit. Permits granted
for the removal of trees under the terms and conditions of this chapter
shall run with the land and shall remain in force and effect for the
following periods of time, and not thereafter. Once the permit has
expired, a new application must be submitted for review and a new
permit issued. Time limits shall be as follows:
[a]
If granted for a lot or tract for
which no building permit is required, one year from the date of issuance.
[b]
If granted for a lot or parcel
of land for which a building permit is required, but for which no
subdivision or land development approval is required, until expiration
of the building permit granted with such tree removal permit.
[c]
If granted for a lot or tract of
land for which land development approval is required by the Township
as a condition precedent to obtaining a building permit, until expiration
of the land development approval, or expiration of the building permit
issued after such site plan approval.
[d]
If granted for a lot or tract of
land for which minor subdivision is sought, one year from the date
of granting of approval for such minor subdivision.
[e]
If granted for a lot or tract of
land for which approval of a major subdivision is sought, until expiration
of such approval.
[6]
Inspections and enforcement related to tree
removal permits.
[a]
Prior to taking final action upon
any application for a tree removal permit, an inspection of the site
shall be made by the Township.
[b]
Prior to any tree removal, all
trees shall be marked and areas to be cleared identified, all of which
shall be inspected by the Township.
[c]
The Township shall periodically
inspect the lot or tract during the construction phase to verify compliance
with this chapter. Such inspection shall be made of the lot or tract
referred to in the permit application and of contiguous and adjoining
lands, as well as of lands in the vicinity of the application, for
the purpose of determining drainage and physical conditions thereon.
[7]
Violations and enforcement remedies shall be as established in §§ 370-129 and 370-130 of this chapter. In addition, where regulated trees are removed without a tree removal permit, the affected areas shall be replanted, increasing replacement requirements of § 370-29B(7)(d) by 50% and planted to the satisfaction of the Township.
(f)
Delineation. The applicant shall delineate woodlands which are on the site, in accordance with § 370-29C. In addition, where trees or woodlands on the site are to be preserved, they shall be clearly delineated on the plan as a tree protection zone.
(g)
Timber harvesting.
[Added 5-26-2009; amended 7-11-2022 by Ord. No. 02-2022]
[1]
Policy; purpose. In order to conserve forested open spaces and the environmental and economic benefits they provide, it is the policy of the municipality of North Coventry Township to encourage the owners of forestland to continue to use their land for forestry purposes, including the long-term production of timber, recreation, wildlife, and amenity values. The timber harvesting regulations contained in Subsection B(7)(g)[1] through [8] are intended to further this policy by:
[2]
Scope; applicability. To encourage maintenance and management of forested or wooded open space and promote the conduct of forestry as a sound and economically viable use of forested land throughout the municipality, forestry activities, including timber harvesting, shall be a permitted use by right in all zoning districts. Subsection B(7)(g)[1] through [8] apply to all timber harvesting within the municipality where the value of the trees, logs, or other timber products removed exceeds $1,000. These provisions do not apply to the cutting of trees for the personal use of the landowner or for precommercial timber stand improvement.
[3]
Definitions. Refer to § 370-29B(7)(a).
[4]
Notification; preparation of a logging plan.
[a]
Notification of commencement or completion. For
all timber harvesting operations that are expected to exceed one acre,
the landowner shall notify the municipality's Zoning Officer at least
five business days before the operation commences and within five
business days before the operation is complete. No timber harvesting
shall occur until the notice has been provided. Notification shall
be in writing and specify the land on which harvesting will occur,
the expected size of the harvest area, and, as applicable, the anticipated
starting or completion date of the operation.
[b]
Logging plan. Every landowner on whose land timber
harvesting is to occur shall prepare a written logging plan in the
form specified by this subsection. No timber harvesting shall occur
until the plan has been prepared and provided to the municipality.
The plan shall be available at the harvest site at all times during
the operation and shall be provided to the Code Enforcement Officer
upon request.
[c]
Responsibility for compliance. The landowner and
the operator shall be jointly and severally responsible for complying
with the terms of the logging plan.
[5]
Contents of the logging plan.
[a]
Minimum requirements. At a minimum, the logging
plan shall include the following:
[i]
Design, construction, maintenance, and retirement
of the access system, including haul roads, skid roads, skid trails,
and landings;
[ii]
Design, construction, and maintenance of water
control measures and structures, such as culverts, broad-based dips,
filter strips, and water bars;
[iii]
Design, construction, and maintenance of stream
and wetland crossings; and
[iv]
The general location of the proposed operation
in relation to municipal and state highways, including any accesses
to those highways.
[b]
Map. Each logging plan shall include a sketch map
or drawing containing the following information:
[i]
Site location and boundaries, including both the
boundaries of the property on which the timber harvest will take place
and the boundaries of the proposed harvest area within that property;
[ii]
Significant topographic features related to potential
environmental problems;
[iii]
Location of all earth disturbance activities,
such as roads, landings, and water control measures and structures;
[iv]
Location of all crossings of waters of the commonwealth;
and
[v]
The general location of the proposed operation
to municipal and state highways, including any accesses to those highways.
[c]
Compliance with state law. The logging plan shall
address and comply with the requirements of all applicable state regulations,
including, but not limited to, the following:
[d]
Relationships of state laws, regulations, and permits to the logging plan. Any permits required by state laws and regulations shall be attached to and become part of the logging plan. An erosion and sedimentation pollution control plan that satisfies the requirements of Title 25 of the Pennsylvania Code, Chapter 102, shall also satisfy the requirements for the logging plan and associated map specified in Subsection B(7)(g)(5)[a] and [b] of this section, provided that all information required by these subsections is included or attached.
[6]
Forest practices. The following requirements shall apply to
all timber harvesting operations in the municipality:
[a]
Felling or skidding on or across any public thoroughfare
is prohibited without the express written consent of the municipality
or the Pennsylvania Department of Transportation, whichever is responsible
for maintenance of the thoroughfare.
[b]
No tops or slash shall be left within 25 feet of
any public thoroughfare or private roadway providing access to adjoining
residential property.
[c]
All tops and slash between 25 and 50 feet from
a public or private roadway providing access to adjoining residential
property or within 50 feet of adjoining residential property shall
be lopped to a maximum height of four feet above the ground.
[d]
No tops or slash shall be left on or across the
boundary of any property adjoining the operation without the consent
of the owner thereof.
[e]
Litter resulting from a timber harvesting operation
shall be removed from the site before it is vacated by the operator.
[7]
Responsibility for road maintenance and repair; road bonding.
Pursuant to Title 75 of the Pennsylvania Consolidated Statutes, Chapter
49,[10] and Title 67 of the Pennsylvania Code, Chapter 189,[11] the landowner and the operator shall be responsible for
repairing any damage to municipality roads caused by traffic associated
with the timber harvesting operation to the extent the damage is in
excess of that caused by normal traffic. The operator may be required
to furnish a bond to guarantee the repair of such damages.
[8]
Enforcement.
[a]
Zoning Officer. The Zoning Officer shall administer and enforce for Subsection B(7)(g)[1] through [8] of this section.
[b]
Permit. The Zoning Officer shall review the logging plan within 30 days of receipt. If the applicant has satisfied the criteria for the logging plan set forth in Subsection B(7)(g)[5] above, the Zoning Officer shall issue a permit subject to the application's satisfaction of the required logging plan review fee. In the event the Zoning Officer shall determine that the application has not satisfied the criteria for the logging plan set forth in Subsection B(7)(g)[5] above, the Zoning Officer shall deny the application and identify the criteria not satisfied.
[c]
Inspections. The Zoning Officer may go upon the site of any timber harvesting operation before, during, or after active logging to review the logging plan or any other required documents for compliance with Subsection B(7)(g)[1] through [8] and inspect the operation for compliance with the logging plan and other on-site requirements of these regulations. Note that active logging sites are inherently dangerous, even when tree felling is not occurring. No one should ever enter onto an active logging site without the proper personal protective equipment and/or without giving prior notification to the logging supervisor.
[d]
Violation notices; suspensions. Upon finding that
a timber harvesting operation is in violation of any provision of
this subsection, the Zoning Officer shall issue the operator and the
landowner a written notice of violation describing each violation
and specifying a date of not less than 30 days by which corrective
action must be taken. The Zoning Officer may order the immediate suspension
of any operation upon finding that corrective action has not been
taken by the date specified in a notice of violation, the operation
is proceeding without a logging plan, or the operation is causing
immediate harm to the environment as confirmed by the local conservation
district and DEP. Suspension orders shall be in writing, issued to
both the operator and the landowner, and remain in effect until, as
determined by the Zoning Officer, the operation is brought into compliance
with this subsection or other applicable statutes or regulations of
the logging plan. The landowner or the operator may appeal an order
or decision of the Zoning Officer within 30 days of issuance to the
governing body of the municipality.
[e]
Penalties. Any landowner or operator who violates any provision of this subsection, refuses to allow the Zoning Officer access to a harvest site pursuant to Subsection B(7)(g)[5][c] of this section, or fails to comply with a notice of violation or suspension order issued under Subsection B(7)(g)[5][c] of this section is guilty of a summary offense and, upon conviction, shall be subject to a fine of not more than $500, plus costs. Each day the violation continues may constitute a separate offense. The enforcement of this subsection by the municipality shall be by action brought before a district magistrate in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure.
[f]
Fees. The fees for logging plan permit review shall
be as set from time to time by resolution of the Township Board of
Supervisors.
(8)
Wellhead protection. Wellhead protection of community
water supply wells shall be consistent with the requirements of the
Wellhead Protection Ordinance of North Coventry Township.
C.
Application of natural resource protection standards.
(1)
Plan information and delineation of protected resources. To ensure compliance with the natural resource protection standards of this section, the following information shall be submitted by the applicant when land disturbance is contemplated in conjunction with a zoning or building permit, conditional use or special exception approval, zoning variance, or subdivision and land development approval. Where applicable, such information shall be included with a preliminary plan as required in Chapter 320, Subdivision and Land Development, and shall be consistent with the informational requirements of Chapter 320, Subdivision and Land Development.
(a)
A site plan which identifies the limits of each
of the natural resources on the site, including tree protection zones
if applicable, and the proposed use of the site including any existing
or proposed structures;
(b)
All encroachments and disturbances necessary
to establish the proposed use on the site, including a grading plan
showing existing and proposed contours;
(c)
The minimum buildable area(s) and areas reserved for on-lot sewage systems, as described in Subsection C(2), below;
(d)
In those cases where only a limited amount of
the site or tract will be subject to disturbance (i.e., 1,000 square
feet or less), the Zoning Officer may determine the area of land required
to be shown on the plan information that will adequately demonstrate
compliance with the natural resource protection standards of this
section. Where less than the entire site is to be shown on the plan,
the application shall be accompanied by a written explanation from
the applicant as to why it is not necessary to include the entire
site with the plan information.
(e)
Calculations indicating the area of the site
with natural resources and the area of natural resources that would
be disturbed or encroached upon. The calculation shall be shown on
the plan as indicated in Table 9-2.
|
Table 9-2
| |||||
|---|---|---|---|---|---|
|
Site Disturbance Calculations
| |||||
|
Protected Resource
|
A
Amount of Land in Protected Resource*
(square feet)
|
B
Maximum Disturbance Allowance**
(percent)
|
C
Maximum Amount of Disturbance Allowed
(square feet)
(A X B)
|
D
Proposed Disturbance
(square feet)***
| |
|
Floodplain
|
0%
| ||||
|
Watercourses
|
0%
| ||||
|
Riparian Buffers
| |||||
|
Zone 1 Buffer
|
0%
| ||||
|
Zone 2 Buffer
|
10%
| ||||
|
Wetlands
|
0%
| ||||
|
Wetlands Margin
|
10%
| ||||
|
Steep Slopes
| |||||
|
Greater than 25%
|
10%
| ||||
|
15% to 25%
|
20%
| ||||
|
Woodlands:
| |||||
|
Residential Uses
|
25%
| ||||
|
Nonresidential Uses
|
35%
| ||||
|
*
|
Where a resources overlap, the overlapping area
should be included under the more restrictive resource category (i.e.,
where woodlands overlap with wetlands, include the area of overlap
in the wetlands category).
|
|---|---|
|
**
|
Disturbance allowances may be modified where
federal or state permits have been obtained by the applicant and provided
to the Township.
|
|
***
|
The figures in Column D must be less than or
equal to the figures in Column C.
|
(2)
Minimum buildable area.
(a)
Purpose. The purpose of the identification of
the minimum buildable area is to ensure sufficient area is provided
for the general location of the building, driveway, patio, other important
improvements and site alterations while meeting the natural resource
protection standards and minimum setback requirements of this chapter.
(b)
Building area delineation. The applicant shall
delineate on the plan a buildable area sufficient in size to accommodate
proposed site improvements and which complies with the maximum disturbance
requirements of this section and any other applicable ordinances and
codes.
(c)
On-lot sewage facilities delineation. For uses with individual on-lot sewage systems, a 2,000 square foot or larger area, in addition to the minimum buildable area specified above, shall be identified for the location of the sewage system. A minimum 2,000 square foot reserve or replacement area shall also be identified. Such area(s) shall not include the portion of those environmentally sensitive areas that may not be developed or intruded upon as specified in § 370-29B.
(3)
Continued protection of identified natural resources.
To ensure the continued protection of identified natural resources,
the following requirements shall apply:
(a)
Protected resources on individual lots.
[1]
For natural resource protection areas on individual
lots, restrictions meeting Township specifications shall be placed
in the deeds for each site or lot that has natural resource protection
areas within its boundaries. It shall be clearly stated in the individual
deeds that the maintenance responsibility lies with the individual
property owner. The restrictions shall provide for the continuance
of the resource protection areas in accordance with the provisions
of this chapter.
[2]
Other mechanisms for ensuring the continued
protection of identified resources, such as conservation easements,
may also be considered and used if approved by the Township.
(b)
Protected resource areas held in common. For natural resource protection areas held in common, the provisions of § 370-81, common open space, shall apply. In addition to the provisions of § 370-81, restrictions meeting Township specifications shall be placed on the natural area to be held in common. The party or organization responsible for the maintenance of the natural area shall be clearly identified in the deed. The restrictions shall provide for the continuance of the resource protection areas in accordance with the provisions of this chapter. In addition, restrictions on protected areas shall be included in the development's declaration of covenants, easements, or restrictions or similar documents regulating the use of property and setting forth methods for maintaining open space. A copy of such documents shall be provided to the Township.
(c)
Changes to approved plans. All applicable plans and deeds shall include the following wording: "Any structures, infrastructure, utilities, sewage disposal systems, or other proposed land disturbance indicated on the approved final plan shall only occur at the locations shown on the plan. Changes to such locations shall be subject to additional review and re-approval and shall be consistent with the resource protection standards of § 370-29 of the North Coventry Township Zoning Chapter."
A.
Purpose. In addition to the general goals listed in the statements of Purpose, § 370-2, and Community development objectives, § 370-3, the purpose of this overlay district is:[1]
(1)
To maintain safe, efficient circulation through the
interchange area by requiring development to meet safe access provisions,
by limiting development which could block adequate site distances
or distract drivers, and to promote safe pedestrian circulation facilities.
(2)
To provide buffering that helps to reduce the noise,
vibration, exhaust emissions, or visual effects of traffic movement
along the interchange's surrounding land uses.
(3)
To provide an adequate transition between the higher
intensity land use areas near the interchange and the less intensive
perimeter areas.
(4)
To provide potential space for locating transportation
facilities and utilities in a common corridor located beyond but adjacent
to the interchange and associated street rights-of-way.
(5)
To provide suitable setbacks to reserve space for
the potential widening of interchange components should future improvements
be warranted and to minimize disruption to said uses.
(6)
To combine the standards of the overlay district with
the zoning requirements of the underlying zoning districts to accomplish
the specific purposes described in this section and to make the best
possible use of the interchange area as a local economic resource.
[1]
Editor's Note: Former Subsections 1 and 2,
which immediately followed this subsection, were repealed 2-26-2007.
B.
Applicability Within its boundaries, the Interchange Overlay District does not alter the uses permitted in the base zoning. However, within the boundaries of the Interchange Overlay District, these uses of land are permitted by obtaining conditional use approval in accordance with § 370-138 of this chapter and meeting the criteria for evaluation as described in that section.
[Amended 2-26-2007]
C.
Establishment of the Interchange Overlay District.
For the purposes of this chapter, the Interchange Overlay District
shall comprise the land areas adjacent to the Route 100/724 Interchange
as indicated on the North Coventry Township Zoning Map. Specifically,
the district boundaries shall be defined as follows:
(1)
The northern boundary line of the Interchange Overlay
District shall be 1,500 feet north of the center of the Pennsylvania
State Route 724 highway;
(2)
The southern boundary line shall be 500 feet south
of the center of the Pennsylvania State Route 724 Highway;
(3)
The western boundary line shall be 500 feet west of
the center of the Pennsylvania State Route 100 highway;
(4)
The eastern boundary line shall be 500 feet east of
the center of the Pennsylvania State Route 100 highway.
(5)
The northern and eastern boundaries also shall extend
just enough to include within the Interchange Overlay District all
of a 6.7 acre lot, all of a 2.5 acre lot, and all of a 1.8 acre lot,
known respectively as Chester County Tax Parcel No. 17-3-24, Chester
County Tax Parcel No. 17-3-31 and Chester County Tax Parcel No. 17-3-26
at the time of the enactment of this chapter, on the southeastern
side of the interchange of State Route 100 and the Pottstown Bypass
State Route 422.
(6)
For purposes of determining boundaries of the Interchange
Overlay District, the center of each highway involved is the center
of the principal highway, excluding on-ramps and off-ramps, at the
time of the enactment of this chapter.[2]
[2]
Editor's Note: Former Subsection D, regarding
uses permitted in the Interchange Overlay District, which immediately
followed this subsection, was repealed 2-26-2007.
D.
Criteria for evaluation of interchange overlay application.
The applicant shall prove, to the satisfaction of the Township Board
of Supervisors, that the following criteria are met in the proposal:
(1)
Overall criteria.
(a)
The size, scope, extent, and character of the
conditional use desired shall be consistent with the spirit, purpose,
intent, and requirements of this chapter.
(b)
The character and type of development in the
area surrounding the location for which the application is made shall
be considered. The proposed use shall be compatible with adjoining
existing land uses. The proposed use shall not injure or detract from
the use of surrounding properties or from the character of the neighborhood.
Parking, traffic control, screening, lighting, and setbacks shall
be implemented in such a manner to remove any potential adverse influences
the conditional use may have on adjoining uses.
(c)
The extent to which the proposed use can be
regulated safely and effectively by conditions and safeguards shall
be considered.
(d)
The location, need, and suitability of the proposed
conditional use shall be considered in light of the Township Comprehensive
Plan or other appropriate guidelines and studies. The proposed conditional
use at the location in question shall be in the public interest and
best serve the public health, safety, morals, general welfare, and
convenience of the community.
(e)
The applicant shall comply with all other applicable
ordinances, resolutions, and laws.
(2)
Design criteria.
(a)
The development shall consist of a harmonious
grouping of buildings or other structures, and adequate service, parking
and open spaces. Consideration shall be given to the proposed conditional
use with respect to the most appropriate use of land; conserving building
and property values; conservation of sensitive natural areas; safety
from property fire, flood, panic and other dangers; limitations posed
by any steep slope areas; adequacy of light and air; potential for
overcrowding of land and population congestion; and adequacy of public
and community services.
(b)
The architectural style of any buildings and the design of any signs shall be appropriate to the use and the location, consistent with the style of any proximate structures of historical value, compatible with the surrounding neighborhoods and districts, and beneficial to the general welfare of the Township. Signs shall comply with the requirements of Article XIII.
(c)
Screenings, which may include, landscaping,
berms, buffers, and sound barriers, shall abate noise and visual intrusions
into neighboring properties, and shall prevent vehicular and pedestrian
traffic from crossing from the proposed development into areas where
such traffic would be undesirable and inappropriate. The applicant
shall show how the proposed abatement of noise and visual pollution
will be achieved and maintained.
(d)
Landscaping shall meet all Township landscaping
standards and shall recognize the unique location of the proposed
use and the character of surrounding neighborhoods and districts.
There shall be sufficient land available to allow effective screening
of the proposed conditional use from adjoining uses.
(e)
Lighting shall be designed and arranged to recognize the needs of the development and to protect the character of surrounding neighborhoods to the satisfaction of the Township Board of Supervisors. Lighting for buildings, access ways and parking areas shall be arranged so as not to direct their output toward public streets or cause unnecessary annoyance to building occupants or surrounding property owners or residents. All requirements of § 370-77, Outdoor lighting, shall be met.
(f)
New streets shall be built to Township design
standards for public streets, and any previously existing, substandard
streets within and abutting the development boundaries shall be widened
and improved according to Township design standards for public streets
and according to all applicable provisions of Township ordinances
and resolutions.
(3)
Traffic and circulation.
(a)
The probable effects of the proposed conditional
use on the nearby highway interchange and on general highway congestion
shall be considered, and adequate access arrangements shall be provided
in order to protect streets and highways in the Township from undue
congestion and hazard.
(b)
The applicant shall submit, at the applicant's
expense, a traffic study prepared by a qualified professional containing
an analysis of the transportation impacts of the proposed conditional
use development and recommendations of appropriate alternatives for
mitigating the impacts. The applicant may be required to submit, as
part of or as a follow-up to the traffic study, preliminary designs
for highway improvements deemed appropriate or desirable by the Township
Board of Supervisors. The traffic study shall be considered, and the
applicant shall mitigate significant transportation impacts to the
satisfaction of the Township Board of Supervisors.
(c)
The development of highway frontage shall be
designed to limit the total number of access points, reduce the need
for on-street parking and encourage the frontage of buildings on parallel
marginal roads perpendicular to the highway. Overall vehicular circulation
within areas affected by the proposed conditional use shall be considered,
and the applicant shall make provisions to ensure safe and efficient
traffic flow.
(d)
The maintenance of safe and convenient pedestrian
flows shall be considered, and the applicant shall provide adequately
for new pedestrian traffic patterns that are likely to arise from
the conditional use.
(4)
Public improvements and infrastructure.
(a)
Provisions shall be made for appropriate public
improvements, including but not limited to highway and utility improvements,
where deemed necessary by the Township Board of Supervisors.
(b)
Fire prevention, fire detection, and fire fighting
measures proposed by the applicant shall be considered. The applicant
shall provide for adequate fire protection for the proposed conditional
use.
(c)
The safety, healthfulness, and adequacy of proposed
sewer and water facilities shall be considered. All utilities within
the development shall be underground.
(d)
Stormwater runoff from the conditional use shall not be redirected or concentrated onto neighboring properties. Stormwater management and erosion control is subject to all requirements of Chapter 194, Grading, Erosion and Sediment Control; Stormwater Management, and all other applicable laws.
[Amended 1-27-2014]
(e)
The need for recreational open space shall be considered. Where any residential use is involved, common open space shall be provided for in a manner consistent with provisions for community facilities in Chapter 320, Subdivision and Land Development. Sensitive natural areas shall be preserved in accordance with § 370-29.[3]
[3]
Editor's Note: Former Subsection F, regarding
requirements for specific uses, which immediately followed this subsection,
was repealed 2-26-2007.
E.
Application and site plan information.
(1)
Each application for a conditional use permit shall be accompanied by the information required by § 370-84, Information requirements for conditional use and special exception proposals.
(2)
Certain of the items and details described in § 370-84 of this chapter may be excluded if the Township Board of Supervisors specifically agrees in writing that those items and details are unnecessary for the review of the proposal.
(3)
If the applicant is considering a variety of locations
and arrangements for any proposed buildings, alterations and improvements,
he shall state in writing that he is considering such alternative
locations and arrangements, and shall present general proposals for
each alternative.
(4)
The Board of Supervisors, at its discretion, may require
that the applicant submit, with the principal conditional use site
plan, detailed plans for alternative development layouts.
(5)
The Township Board of Supervisors, at its discretion,
may require that the conditional use site plan be submitted with renderings
of all sides of proposed buildings, indicating building details.
(6)
The applicant shall provide abutting property owners
written notification of the application for any conditional use.
(7)
If the development is to be carried out in progressive
stages, each stage shall be so planned that the foregoing conditions
and intent of this chapter shall be fully complied with at the completion
of any stage. In the application for conditional use permit, the applicant
must show which conditions are applicable to each specific stage.
Applicable conditions must be attached to each building permit at
each stage. Whether the development is carried out in one stage or
in several stages, no use and occupancy permit shall be issued at
any stage until all applicable conditions for that stage are met.
(8)
The applicant shall submit to the Township a bond
or other acceptable assurance for such improvements as the Township
Board of Supervisors deems necessary to protect the public health,
safety and welfare of the new development and of all affected neighborhoods
and districts.
F.
Review process. The review process for the proposed conditional use shall be as prescribed in § 370-138, Conditional use process.
G.
Additional conditions and safeguards. In approving
a conditional use, the Township Board of Supervisors may attach such
reasonable conditions and safeguards, in addition to those expressed
in this chapter, as it may deem necessary to implement the purposes
of the Pennsylvania Municipalities Planning Code, as amended and revised,
and of the Township Zoning Chapter, as amended. Said conditions and
safeguards may be related to, but not limited to, traffic, aesthetics,
screening, lighting, noise, health, safety and the minimizing of noxious,
offensive or hazardous elements.
H.
Conditional use approval. Any use in the Interchange
Overlay District to which a conditional use permit is granted shall
be deemed to be a conforming use in the zoning district in which such
use is located and approved, unless the permit is rescinded under
the following provisions:
(1)
Should the applicant fail to obtain any necessary
conditional use permit within a six-month period, or having obtained
the permit should he fail to commence work thereunder within two years
following the availability of a public sanitary sewer system connection
for the conditional use, it shall be conclusively presumed that the
applicant has waived, withdrawn or abandoned his application or all
provisions of the conditional use; and any permit granted to him shall
be deemed automatically rescinded by the Board of Supervisors, unless
the Board of Supervisors, at its discretion, grants in writing an
extension of time to obtain any necessary permit or to commence work.
(2)
Should the applicant commence construction or alteration
within two years of the availability of a public sanitary sewer connection,
but should he fail to complete such construction or alteration within
five years of the commencing of construction, the Board of Supervisors
may, upon 30 days notice in writing, rescind or revoke the granted
conditional use or the issuance of the permit or permits; provided,
however, that, where the Township permitted a conditional use development
to be carried out in progressive stages, any completed stages would
stand approved as a conforming use; and provided, too, that if the
Board of Supervisors finds good and sufficient reason for the applicant's
failure to complete the full development within five years of the
commencing construction, the Board of Supervisors may grant a time
extension in writing.
A.
Purpose. In addition to the general goals listed in the statements of Purpose, § 370-2, and the Community development objectives, § 370-3, the purpose of this overlay district is:
(1)
To preserve the scenic eastern and western approaches
to the Township.
(2)
To promote preservation and rehabilitation of existing
structures of historic significance within the overlay district.
(3)
To permit interior changes to the historic structures
within the district for private or commercial purposes, while maintaining
their current appearance.
(4)
To encourage the preservation of the manicured lawns,
tree allees, groves, and other extensive landscaping within the overlay
district.
(5)
To encourage and promote continued open space, recreation,
and conservation uses.
B.
Establishment of the overlay district. The Scenic
Preservation Overlay District shall consist of the following two areas
within the Township:
(1)
Eastern overlay area: The northern boundary line shall
be a line parallel to Route 724, extending 400 feet north of the center
line of Route 724. The southern boundary shall be a line parallel
to Route 724, extending 600 feet south of the center line of Route
724. The western boundary shall be the located at the intersection
of Route 724 and Cemetery Road, extending 400 feet north of the Route
724 center line at the same angle as Cemetery Road and 600 feet south
of the Route 724 center line following Cemetery Road. The eastern
boundary shall be located at a point 2,300 feet east of the intersection
of Route 724 and Cemetery Road, extending 400 feet north and 600 feet
south of the Route 724 center line.
(2)
Western overlay area: The northern boundary line shall
be a line parallel to Route 724, extending 400 feet north of the center
line of Route 724. The southern boundary shall be a line parallel
to Route 724, extending 600 feet south of the center line of Route
724. The western boundary shall be located at the intersection of
Route 724 and Catfish Lane, extending 400 feet north and 600 feet
south of the Route 724 center line. The eastern boundary shall be
located at the intersection of Route 724 and Laurelwood Road, extending
600 feet south of the Route 724 center line, following the center
line of Laurelwood Road; and extending 400 feet north of the Route
724 center line, 400 feet to west of the intersection of Route 724
and Laurelwood Road at the same angle as the center line of Laurelwood
Road.
[Amended 2-26-2007]
C.
Uses permitted in the Scenic Preservation Overlay
District. The following uses shall be permitted within the overlay
district:
(1)
By-right uses. A lot may be used or occupied for any
of the following purposes and no other:
D.
Area and bulk regulations. Area and bulk regulations
shall be as established for the underlying base district.
E.
Additional standards applicable to the Scenic Preservation
Overlay District.
(1)
There shall be no new construction in the overlay district except that related to approved adaptive reuse projects, to the repair of existing structures, or as permitted in Article XV of this chapter.
(2)
Where Residential Design Options RC-1, RR-1 (Conservation
Design) or R1-1 (Open Space Design) are proposed on a tract overlain
by the Scenic Overlay District, the total acreage of that portion
of the tract falling within the Scenic Overlay District may be used
to offset a proportionate amount of acreage required to be set aside
for open space under the RC-1, RR-1, or R1-1 Design Options.
(3)
The construction of new roads or driveways crossing
the overlay district shall be discouraged. Unless clearly impractical
or inappropriate, access to properties in or adjacent to the overlay
district shall be taken from existing roads or driveways.
(4)
Where portions of the overlay district have been designated for use as open space, the provisions of § 370-81 for design, management, and ownership shall apply.
(5)
Off-premises signs and portable signs shall not be
permitted within the Scenic Preservation Overlay District. Where the
base district is an industrial or commercial district, the dimensional
requirements for signs in the Town Center District shall apply.
A.
Purpose.
(1)
In addition to the purposes listed in the statement of purpose, § 370-2, this section responds to the community development objectives in § 370-3A. The purpose of these objectives is to protect valuable historic resources from degradation or destruction in order to preserve the cultural roots of the Township.
(2)
In accordance with the Pennsylvania Municipalities
Planning Code, Act 247, Section 603(a); Section 603(b)(2); and Section
603(b)(3),[1] this Historic Preservation Overlay District establishes
the following purposes:
(a)
To promote retention of the character of the
municipality through recognition and protection of historic and cultural
resources.
(b)
To establish a clear process by which proposed
changes affecting historic resources are reviewed.
(c)
To mitigate the negative effects of proposed
changes affecting historic resources.
(d)
To encourage the continued use of historic resources
and to facilitate their appropriate reuse.
(e)
To encourage the preservation of historic settings
and landscapes.
(f)
To discourage the demolition of historic resources.
(g)
To implement the goals of the Pennsylvania Constitution at Article I, Section 27, which establishes the state policy of encouraging the preservation of historic and aesthetic resources and to implement Sections 604(1) and 605(2)(vi) of the Pennsylvania Municipalities Planning Code[2] to permit additional classifications within any zoning
district for the regulation of uses and structures, at, along or near
"places having unique historical, architectural or patriotic interest
or value."
[2]
Editor's Note: See 53 P.S. § 10604(1)
and 10605(2)(vi).
[1]
Editor's Note: See 53 P.S. §§ 10603(a),
10603(b)(2) and 10603(b)(3).
B.
General provisions. The Historic Preservation Overlay District shall conform with the boundaries of North Coventry Township. The provisions of this section shall apply to all areas of North Coventry Township as established by Article IX, § 370-27.
(1)
Identification: All historic resources in North Coventry
Township shall be identified and categorized. Historic resources can
include any prehistoric or historic district, site, building, structure
or object. An official list of all resources identified shall be prepared
and all resources on the official list shall be shown on the official
Historic Resource Map.
(2)
Compliance: Change to any historic resource on the
official list and map shall occur only when in compliance with the
terms of this section and other applicable regulations.
(3)
Historic Resource Map: The Historic Resource Map shall
be an overlay on any zoning district now or hereafter enacted to regulate
the use of land in North Coventry Township.
(a)
Applicability: For any property on the official
list and map, the provisions of this section shall apply, in addition
to those of the underlying zoning district, and supersede the otherwise
applicable requirements of the underlying zoning district to the extent
those provisions are inconsistent with the provisions of this section.
(b)
Revision: Should the official list and map be
revised as a result of legislative action or judicial decision, the
zoning requirements and other regulatory measures applicable to the
property in question shall be those of the underlying zoning district
without consideration of this section.
(4)
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.
C.
Historic Resources List and Map.
(1)
The official Historic Resources List shall identify
historic resources by tax parcel number. The street address, owner's
name, historic resource, type of resource and category of each resource
shall also be included in the list. This list shall be reviewed and
updated annually by the Historical Commission. All resources on the
list shall be marked upon the official Historic Resource Map. The
official Historic Resource Map shall also depict the boundaries of
all certified Historic Districts that may be enacted under Pennsylvania
Act 167.
(2)
(3)
Revisions: The Historic Resources List and Map may
be revised from time to time by legislative action of the Board of
Supervisors following a public hearing, at which time the proposed
changes shall be presented.
(a)
Proposed revisions to the Historic Resources
List and Map shall be submitted by the Historical Commission to the
Board of Supervisors in writing. Revisions are defined as additions,
deletions or changes of classification. Revisions do not include routine
list maintenance to update ownership.
(b)
The owner(s) of any property(ies) which are
the subject of any such proposed legislative action shall be given
written notice of the Historical Commission's recommendation to the
Board of Supervisors at least 10 days prior to the public hearing.
D.
Historical Commission. The Historical Commission shall
be a resource on historic preservation issues for the Zoning Officer
in the administration of this section and perform all duties assigned
to it in the provisions of this section. The Commission shall also
be a resource for Township officials, as well as for the residents
of North Coventry Township in accordance with the purposes and duties
listed below for reference, set forth in Ordinance 76, an ordinance
of North Coventry Township establishing the North Coventry Township
Historical Commission.[3]
(1)
The Historical Commission shall perform all of the
functions assigned by federal law, state law or Township ordinances
to the Historical Commission.
(2)
The Historical Commission shall survey and study the
entire Township and shall from time to time obtain suggestions from
the public by available means, including but not limited to public
meetings or public hearings, requests for written suggestions, oral
surveys and written surveys.
(3)
The Historical Commission shall list all buildings
in the Township having historical significance. The Historical Commission
shall list all neighborhoods in the Township having historical significance.
(4)
The Historical Commission shall undertake research,
inspection and investigation of sites, buildings and neighborhoods.
(5)
The Historical Commission shall maintain current lists
of all historical landmarks, buildings, sites and neighborhoods. Such
lists shall contain a brief description of the historical site or
area and shall list the reasons for its inclusion in the list of historical
places.
(6)
The Historical Commission shall cause drawings, photographs,
descriptions or other appropriate documentation to be made concerning
all areas and buildings included in the list.
(7)
The Historical Commission shall inform the owners,
neighbors and occupants or tenants in any building or area on the
list of its inclusion on the list. The Historical Commission shall
also inform the Board of Supervisors, the state authorities dealing
with historical areas and historic landmarks, and federal authorities
dealing with such matters in the area. The Historical Commission shall
take all steps necessary to gain state and federal recognition for
such areas.
(8)
The Historical Commission shall present recommendations
to the Board of Supervisors on proposed ordinances and on proposed
steps to preserve, protect and restore all such historic areas, historic
buildings, historic landmarks and the like, and, if requested to do
so by the Board of Supervisors, shall make recommendations for the
establishment of historic districts within the Township and shall
recommend the certain buildings, landmarks, or areas to be included
within such historic districts, together with a recommendation on
the type of restrictions upon the types of changes or alterations
which should be allowed to be made to the exteriors of any buildings,
structures, features or sites within any historic district created
within the Township.
E.
Demolition of Class I and II historic resources. All
applications for demolition shall be reviewed against the official
historic resource list and map. No Class I or Class II historic resource
shall be demolished, in whole or in part, including the indiscriminate
removal or stripping of any significant interior or exterior architectural
features, unless a permit is obtained from the Zoning Officer in accordance
with the following requirements:
(1)
Application requirements. One copy of a properly completed
application for demolition shall be forwarded to the Zoning Officer,
along with:
(a)
Name, address and phone number of owner of record;
(b)
Classification of historic resource on official
list and map;
(c)
Recent interior and exterior photographs of
the resource proposed for demolition;
(d)
A site plan showing all buildings and natural
features on the property;
(e)
An explanation of the reasons for demolition;
(f)
Method of demolition;
(g)
Proposed use for the site;
(h)
Proposed disposition of materials; and
(i)
Timeline for implementation of proposed use
for the site.
(2)
Review by the North Coventry Township Historical Commission.
(a)
The Zoning Officer, who shall notify the Historical
Commission of the application for demolition within five days of acceptance
of a properly completed application, including the necessary filing
fee.
(b)
Within 30 days of receipt of a complete application,
at its next regular meeting or a special meeting, the North Coventry
Historical Commission shall meet to review the application for demolition.
The applicant will be notified of the meeting and encouraged to present
evidence or testimony pertaining to the demolition. In reviewing the
application, the Historical Commission shall take into account:
[1]
The effect of demolition on the historical significance
and architectural integrity of neighboring historic resources and
on the historic character of the neighborhood, district or vicinity
in which the resource is located;
[2]
Economic feasibility of continuing the existing
use, or of adaptively reusing the resource proposed for demolition;
and
[3]
Alternatives to demolition of the resource.
(3)
Recommendation of the Historical Commission.
(a)
The Commission may recommend immediate approval
of the permit and may so advise the Zoning Officer.
(b)
Alternatively, the Commission may elect to use the following time periods to provide adequate opportunity for documentation of the resource as set forth in Subsection E(4), below; provide time for the applicant to prepare a financial analysis as set forth in Subsection E(5), below; and/or discuss alternatives to demolition with the applicant.
(4)
Documentation. The applicant may be required to provide
documentation of the resource proposed for demolition. Such documentation
may include:
(a)
Photographs;
(b)
Floor plans;
(c)
Measured drawings;
(d)
Archeological survey;
(e)
Expert testimony, such as, but not limited to,
a certified engineering report on the structural stability of the
resource indicating threats to public safety; or
(f)
Evaluations and studies on alternative uses
for the resource.
(5)
Financial analysis. The applicant may be required
to prepare a financial analysis which may include any or all of the
following:
(a)
Amount paid for the property, date of purchase,
and party from whom purchased;
(b)
Assessed value of the land and improvements
thereon, according to the most recent assessment;
(c)
For depreciable properties, a pro forma financial
statement prepared by an accountant or broker of record;
(d)
Any consideration by the owner as to profitable,
adaptive uses for the property.
(6)
Recommended denial of demolition. Prior to the expiration
of the ninety- or sixty-day review period, the Commission may recommend
denial of the application. In such cases, the Commission shall make
a written report to the Board of Supervisors setting forth reasons
for its recommendation and the evidence considered.
(a)
If the Class I or Class II resource is structurally
sound, as determined by a registered structural engineer, and a use
can be found that offers a reasonable rate of return, the recommendation
of the Commission shall be against demolition.
(7)
Final decision on demolition. Within 30 days of receipt
of the Commission report, the Board of Supervisors shall consider
the Commission's recommendation. The owner of the resource proposed
for demolition shall be given 10 days' notice of the Supervisors'
meeting. The Supervisors will consider the Commission's report, as
well as any evidence, reports or testimony from interested parties
and will render a decision to either deny or approve the application
for demolition within 10 days of the meeting. This period may be extended,
and its length established, by mutual consent.
(8)
Any costs incurred by the Commission to review plans
or studies submitted by the Commission's consultant specifically retained
for this purpose shall be reimbursed to the Township by the applicant.
(9)
Demolition by neglect. When a Class I or Class II
historic resource is left open to vandalism, or is improperly maintained
so as to make it vulnerable to excessive decay or ruin, it shall be
considered demolition by neglect and the following shall apply:
(a)
Unoccupied buildings or structures shall be
properly sealed, fenced off, and the utilities turned off for safety,
at the owner's expense, in accordance with the provisions of National
Park Service Preservation Brief No. 31.
(b)
The structural integrity of both occupied and
unoccupied Class I and Class II historic resources shall be achieved
through proper maintenance of all structural, architectural and other
critical elements to ensure against damage by the elements, including,
but not limited to, maintenance of the roof, chimney(s), cornice,
soffit, fascia, spouting, and window and door openings, including
sills, headers, lintels and jambs.
(c)
The interior and exterior of the building shall
be inspected no less than annually by the Code Enforcement Officer,
a member of the Historical Commission, and the property owner or his
agent, to determine maintenance requirements.
(10)
Enforcement.
(a)
Violations and penalties. Any person who demolishes
a historic resource in violation of the provisions contained herein
shall be subject to a fine of $500 per offense, with each day in violation
being a separate offense.
(b)
The Zoning Officer shall withhold issuing a
building permit for a property that, at the date of enactment of this
section, was occupied by a Class I or Class II historic resource that
was subsequently demolished in violation of this section, until the
appropriate review is completed.
(c)
In addition to the above remedies, the Zoning
Officer may take other appropriate legal action, which may include
equitable and injunctive relief, to enforce the provisions of this
section.
(d)
Appeals to this process shall be made to the
Zoning Hearing Board.
F.
Demolition of Class III historic resources. The following
shall apply to Class III historic resources:
(1)
Permit requirements. No Class III historic resource
shall be demolished, in whole or in part, including the indiscriminate
removal or stripping of any significant interior or exterior architectural
features, unless a permit is obtained from the Zoning Officer in accordance
with the permitting procedures of the Township.
(2)
Application requirements. One copy of a properly completed
application for demolition shall be forwarded to the Zoning Officer
along with:
(a)
Name, address and phone number of owner of record;
(b)
Classification of historic resource on official
list and map;
(c)
Recent interior and exterior photographs of
the resource proposed for demolition;
(d)
A simple sketch plan showing all buildings and
natural features on the property;
(e)
An explanation of the reasons for demolition;
(f)
Method of demolition;
(g)
Proposed use for the site;
(h)
Proposed disposition of materials; and
(i)
Timeline for implementation of proposed use
for the site.
(3)
Review by the North Coventry Township Historical Commission.
(a)
The Zoning Officer, who shall notify the Historical
Commission of the application for demolition within five days of acceptance
of a properly completed application, including the necessary filing
fee.
(b)
Within 30 days of receipt of a complete application,
at its next regular meeting or a special meeting, the North Coventry
Historical Commission shall meet to review the application for demolition.
The applicant will be notified of the meeting and encouraged to present
evidence or testimony pertaining to the demolition. In reviewing the
application, the Historical Commission shall take into account:
[1]
The effect of demolition on the historical significance
and architectural integrity of neighboring historic resources and
on the historic character of the neighborhood, district or vicinity
in which the resource is located;
[2]
Economic feasibility of continuing the existing
use or of adaptively reusing the resource proposed for demolition;
and
[3]
Alternatives to demolition of the resource.
(4)
Recommendation of the Historical Commission:
(a)
The Commission may recommend immediate approval
of the permit and may so advise the Zoning Officer;
(b)
Alternatively, the Commission may elect to review
the application for a period of up to 30 days in order to provide
adequate opportunity to discuss alternatives to demolition with the
applicant;
(c)
Prior to the expiration of the thirty-day review
period, the Commission may recommend approval or denial of the demolition
permit in writing to the Board of Supervisors, setting forth reasons
for its recommendation and the evidence considered.
(5)
Final decision on demolition. Within 30 days of receipt
of the Commission report, the Board of Supervisors shall consider
the Commission's recommendation. The owner of the resource proposed
for demolition shall be given 10 days' notice of the Supervisors'
meeting. The Supervisors will consider the Commission's report, as
well as any evidence, reports or testimony from interested parties
and will render a decision to either deny or approve the application
for demolition within 10 days of the meeting. This period may be extended,
and its length established by mutual consent.
(6)
Enforcement.
(a)
Violations and penalties. Any person who demolishes
a historic resource in violation of the provisions contained herein
shall be subject to a fine of $500 per offense, with each day in violation
being a separate offense.
(b)
In addition to the above remedies, the Zoning
Officer may take other appropriate legal action, which may include
equitable and injunctive relief, to enforce the provisions of this
section.
(c)
Appeals to this process shall be made to the
Zoning Hearing Board.
G.
Modification to area and bulk regulations.
(1)
The area and bulk regulations related to the zoning
district in which the historic resource is located shall apply, except
that:
(a)
Whenever a lot is to be developed in a "Historic
Village Cluster," as depicted on the Historical Resource Map, the
Board of Supervisors, as a conditional use, may reduce the lot area,
the front, rear or side yard setbacks, and other area and bulk regulations,
to maintain a consistency in the physical form, scale and character
of the historic village by allowing:
[1]
Front porches to occupy the front yard, provided
that same are consistent in size, scale, massing and materials with
existing porches in the village;
[2]
Detached garages or other outbuildings to occupy
the side or rear yard;
[3]
Other buildings, parts of buildings, or structures,
to fit into an existing historic village cluster in order to look
like they had originally been part of the historic village cluster;
(b)
The Board of Supervisors, through the granting of a conditional use, may approve requested modifications to the applicable lot area, lot width, or yard requirement for plans affecting historic resources, in accordance with the criteria set forth under § 370-138 (Conditional use process) of this chapter, and provided the following additional criteria are met:
[1]
The approval of the conditional use is deemed
by the Board of Supervisors to be necessary to the preservation of
the historic resource.
[2]
The approval of the conditional use will be
deemed by the Board of Supervisors to have no adverse effect on adjoining
properties.
[3]
Any plans for the rehabilitation, alteration or replacement of a historic resource proposed to be a part of the conditional use application must be in substantial compliance with the Secretary of the Interior's Standards listed in Subsection K, following.
[4]
The Historical Commission shall review all requests
for conditional use approval and evaluate whether requested modifications
are necessary for the preservation of the historic resource. The Commission
shall review any construction plans for their compliance with the
standards. Recommendations shall be transmitted in a written report
to the Board of Supervisors prior to the rendering of a decision by
the Board of Supervisors.
H.
Density bonus. For Residential Design Options RC-1, RR-1 and R1-1, as described in Article XIV of this chapter, one additional lot may be created in excess of the maximum number of lots otherwise permitted where such lot contains and preserves a Class I historic resource.
I.
Land development.
(1)
Residential. Where a Class I or Class II historic
resource exists on a site that is to be subdivided or developed, there
shall be included a lot area of sufficient size to preserve those
portions and features of the historic resource which are significant
to its historical, architectural and cultural values, but the lot
area shall not be smaller than the minimum net lot area for the underlying
district or 20,000 square feet of net lot area, whichever is greater.
[Amended 11-27-2006]
(2)
Nonresidential. For each additional acre above the
minimum required lot area for the historic resource, remaining with
the historic resource, an additional 1% of building coverage may be
permitted.
J.
Impact study.
(1)
Applicability. A historic resource impact study may
be required at the discretion of the Township when any of the following
are proposed:
(a)
When a developer or landowner files an application
for approval of a subdivision or land development plan for land within
300 feet of the exterior walls of any Class I or Class II historic
resource, or on which historic resources are located.
(b)
General bridge or highway construction or substantial
repair passing within 300 feet of the exterior walls of any Class
I or Class II historic resource.
(c)
Subdivision or land development plans propose
adaptive reuse or demolition of an historic resource.
(d)
Subdivision or land development plans are proposed
which may impact primary archaeological sensitive areas, especially
prehistoric sites, in which case an archaeological impact study shall
be submitted and, if archaeological resources potential exists, a
Phase I Archaeological Study shall be conducted.
(2)
The objective of the impact statement on historic
resources is to provide the Township with enough information and data
to evaluate the impact of the proposed land development on historic
resources in the Township and encourage the preservation of those
resources to the maximum extent possible.
(3)
The impact statement on historic resources may be
required to contain one or more of the following:
(a)
General site description, including topography,
watercourses, vegetation, landscaping, existing drives, etc.
(b)
General description and classification of all
historic resources located on the land to be developed and on tracts
immediately adjacent to the subject tract or road, or within 300 feet
of the subject tract or road;
(c)
Narrative description of the historical development
of the subject tract and statement of the historic and architectural
significance of each historic resource;
(d)
Physical description of all historic resources
identified;
(e)
Sufficient number of black and white or color
4" x 6" photographs to show all elevations of every historic resource
identified and the resource in its setting;
(f)
Black and white photographs (four inches by
six inches) illustrating the architectural features of each historic
resource, as well as site features.
(g)
Proposed change:
[1]
A description of the impact of the proposed
development on each identified historic resource, with special emphasis
on the impact to architectural integrity, historic setting and future
use.
[2]
A description of those measures to be undertaken
by the developer to minimize the negative impact on the historic resources,
including design alternatives, buffering or landscaping.
(h)
Any easements, deed restrictions, rights-of-way,
or any other encumbrances upon the land, including location, size
and ownership.
(i)
Site features or conditions, such as hazardous
sites, dumps, underground tanks, active and abandoned wells, quarries,
landfills and artificial land conditions.
(4)
The Historical Commission will review the impact study,
then submit it along with written recommendations to the Board of
Supervisors before that Board makes a decision regarding the land
development plan.
K.
Review of proposed rehabilitation, additions and alterations.
The following shall apply to historic resources as listed on the official
list and map of historic resources.
(1)
No permit for the rehabilitation, enlargement or structural
alteration of a historic resource shall be issued by the Zoning Officer
prior to review and comment on the application of the Historical Commission,
in accordance with the terms of this section.
(2)
The Zoning Officer shall provide the Commission with
a copy of the application, together with any plans or diagrams required,
within five days of receipt of a complete application.
(3)
The Historical Commission shall, within 20 days of
receipt of a complete application from the Zoning Officer, review
the plans for compliance with the Secretary of the Interior's Standards,
below, and prepare a written report to the Zoning Officer, with a
copy to be sent to the applicant, indicating whether the plans are
in substantial compliance. The report shall make suggestions as to
what specific changes in the plans would bring them into substantial
compliance.
(4)
Upon receiving a report of substantial compliance
from the Commission, and providing the plans satisfy all other requirements
of the Township, the Zoning Officer shall issue the permit.
(5)
If the Commission's report indicates that the plans
are not in substantial compliance, the Zoning Officer shall not issue
the permit until:
(8)
Review of Class I Historic Resources. Plans for rehabilitation
or alteration of a Class I historic resources shall be reviewed by
the Historical Commission or substantial compliance with local design
guidelines or, in lieu of local design guidelines, the Secretary of
the Interior's Standards for Rehabilitation as included below:
(a)
Secretary of Interior's Standards for Rehabilitation:
[1]
A property shall be used for its historic purpose
or be placed in a new use that requires minimal change to the defining
characteristics of the building and its site and environment.
[2]
The historic character of a property shall be
retained and preserved. The removal of historic materials or alteration
of features and spaces that characterize a property shall be avoided.
[3]
Each property shall be recognized as a physical
record of its time, place and use. Changes that create a false sense
of historical development, such as adding conjectural features or
architectural elements from other buildings, shall not be undertaken.
[4]
Most properties change over time; those changes
that have acquired historic significance in their own right shall
be retained and preserved.
[5]
Distinctive features, finishes and construction
techniques or examples of craftsmanship that characterize a historic
property shall be preserved.
[6]
Deteriorated historic features shall be repaired
rather than replaced. Where the severity of deterioration requires
replacement of a distinctive feature, the new feature shall match
the old in design, color, texture and other visual qualities and,
where possible, materials. Replacement of missing features shall be
substantiated by documentary physical or pictorial evidence.
[7]
Chemical or physical treatments, such as sandblasting,
that can cause damage to historic materials, shall not be used. The
surface cleaning of structures, if appropriate, shall be undertaken
using the gentlest means possible.
[8]
Significant archaeological resources affected
by a project shall be protected and preserved. If such resources must
be disturbed, mitigation measures shall be undertaken.
[9]
New additions, exterior alterations, or related
new construction shall not destroy historic materials that characterize
the property. The new work shall be differentiated from the old and
shall be compatible with the massing, size, scale and architectural
features to protect the historic integrity of the property and its
environment.
[10]
New additions and adjacent or
related new construction shall be undertaken in such a manner that
if removed in the future, the essential form and integrity of the
historic property and its environment would be unimpaired.
(9)
Review of Class II historic resources. The following
shall apply to Class II historic resources as listed on the official
list and map of historic resources. Plans for the rehabilitation or
alteration of Class II historic resources shall be reviewed by the
Historical Commission for substantial compliance with local design
guidelines or, in lieu of local design guidelines, the standards listed
below:
(a)
Class II review standards:
[1]
A property should be used for its historic purpose
or be placed in a new use that requires minimal change to the defining
characteristics of the building and its site and environment.
[2]
The historic character of a property should
be retained and preserved. The removal of historic materials or alteration
of features and spaces that characterize a property should be avoided.
[3]
Each property should be recognized as a physical
record of its time, place and use. Changes that create a false sense
of historical development, such as adding conjectural features or
architectural elements from other buildings, should not be undertaken.
[4]
Most properties change over time; those changes
that have acquired historic significance in their own right should
be retained and preserved.
[5]
Distinctive features, finishes and construction
techniques or examples of craftsmanship that characterize a historic
property should be preserved.
[6]
Deteriorated historic features should be repaired
rather than replaced. Where the severity of deterioration requires
replacement of a distinctive feature, the new feature should match
the old in design, color, texture and other visual qualities and,
where possible, materials. Replacement of missing features should
be substantiated by documentary physical or pictorial evidence.
[7]
Chemical or physical treatments, such as sandblasting,
that can cause damage to historic materials, shall not be used. The
surface cleaning of structures, if appropriate, shall be undertaken
using the gentlest means possible.
[8]
Significant archaeological resources affected
by a project should be protected and preserved. If such resources
must be disturbed, mitigation measures shall be undertaken.
[9]
New additions, exterior alterations, or related
new construction should not destroy historic materials that characterize
the property. The new work shall be differentiated from the old and
shall be compatible with the massing, size, scale and architectural
features to protect the historic integrity of the property and its
environment.
[10]
New additions and adjacent or
related new construction should be undertaken in such a manner that
if removed in the future, the essential form and integrity of the
historic property and its environment would be unimpaired.
(10)
Review of Class III historic resources. Plans
for the rehabilitation or alteration of Class III historic resources
shall be reviewed by the Historical Commission for substantial compliances
with local design guidelines or, in lieu of local design guidelines,
the standards listed below:
L.
Landscaping and buffering.
(1)
Landscaping. When a Class I historic resource is located
within a tract proposed for subdivision or land development, a landscape
plan for the grounds surrounding the Class I historic resource shall
be required.
(a)
The plan shall be prepared by a registered landscape
architect, or by a nurseryman or other individual deemed qualified
by the Historical Commission or Board of Supervisors.
(b)
The plan shall show all pertinent information,
including the location, size and species of all individual trees and
shrubs to be removed, relocated, planted or preserved.
(c)
Through screening, buffering and selection of
plant material, the plan should strive to minimize the impact of the
proposed development on the Class I historic resource and protect
its integrity of setting and any significant vegetation.
(d)
The plan shall be reviewed by the Historical
Commission and submitted by them with written recommendations to the
Board of Supervisors prior to any decision by the Board of Supervisors
on the subdivision or land development plan.
(2)
Buffering. When any major subdivision, any land development,
or any nonresidential use is proposed on a property, any boundary
of which is within 100 feet of an exterior wall of a Class I historic
resource, the applicant shall be required to submit a buffering plan.
(a)
The plan must depict how the Class I historic
resource will be buffered against the deleterious impacts of the proposed
development. Buffering may include, but need not be limited to vegetative
screening and fencing.
(b)
The appropriateness and effectiveness of the
proposed buffering shall be reviewed by the Historical Commission
to the Board of Supervisors prior to any decision by the Board of
Supervisors on the subdivision, land development or nonresidential
use proposal.
M.
Signs. In cases where adherence to the sign requirements set forth in Article XIII are detrimental to the purposes of this section, alternatives shall be sought to mitigate the adverse effect:
(1)
Permits. No permit for a sign to be located on or
within 100 feet of the exterior walls of a Class I historic resource
shall be issued by the Zoning Officer prior to the review of and comment
on the application by the North Coventry Historical Commission, in
accordance with the terms of this section.
(2)
Zoning Officer. The Zoning Officer shall provide the Historical Commission with a copy of the application, together with any plans or diagrams required by Article XIII of this chapter, within five days of receipt of a complete application.
(3)
Historical Commission.
(a)
The Commission shall, within 20 days of receipt
of a complete application, review the plans and prepare a written
report to the Zoning Officer, with a copy to be sent to the applicant,
indicating whether the plans will have any detrimental effect on the
architectural integrity or the public enjoyment of a Class I historic
resource.
(b)
The report shall indicate what specific changes
in the plans can be made to mitigate detrimental effect.
(4)
Issuance of permit:
(a)
Upon receiving a report of no detrimental effect
from the Commission, and providing the plans satisfy all other requirements
of the Township, the Zoning Officer shall issue the permit.
(b)
If the Commission's report indicates that the
plans will have a detrimental effect, the Zoning Officer shall not
issue the permit until:
N.
Parking. In cases where adherence to the parking requirements as set forth in Article XII, § 370-87 are detrimental to the purposes of this section, alternatives shall be sought to mitigate the adverse effect. This includes the number of parking spaces required, location of parking and access to parking.
(1)
Front yard parking shall be discouraged.
(2)
Rear parking shall be encouraged. Access may be from
a common alleyway which runs along the rear of all properties in the
block.
(3)
Shared parking shall be encouraged for two or more
commercial establishments operating in close proximity to one another.
(4)
Municipal parking shall be considered.
(5)
All parking areas shall be lighted when permitted
or required, and landscaped in such a way as to maintain the character
of a village cluster.
In order to preserve the Township's scenic vistas
and rural character, the following standards for the siting of structures
in relation to existing topography shall be met:
A.
Applicability. These regulations shall apply to proposed
or existing structures located partially or completely within the
Ridgeline Protection District designated on the North Coventry Township
Protected Ridgeline Map, 2002, or as amended. Specifically, these
standards shall apply in the following situations:
(1)
The construction of any new principal or accessory
structure within the Ridgeline Protection Overlay District.
(2)
The expansion, alteration, modification, or reconstruction
of any existing use or structure in the Ridgeline Protection Overlay
District where such expansion, alteration, modification, or reconstruction
results in an increase in the height of any portion of the roofline
of any structure above the highest existing point on the roofline
of such structure.
B.
Use regulations. Within the Ridgeline Protection Overlay
District, a structure may be erected, altered, or used and a lot may
be used as provided in the underlying base zoning district, except
as modified by this overlay district.
C.
Siting in relation to existing topography.
(1)
Permitted structures, including accessory structures,
shall have their highest point sited entirely below the elevation
measured at the nearest ground point on the nearest ridgeline or high
ground within the Ridgeline Overlay District in which the property
is located, whether such ground point is on or off the site.
(2)
Where the applicant contends that the siting of structures entirely below ridgelines or high ground, as provided for in Subsection C(1) above, is not feasible, the applicant shall include with submitted plans one or more of the following mitigative design techniques as deemed appropriate by the Township:
(a)
Demonstration that existing vegetation to remain
on nearby high ground forms an effective backdrop behind the proposed
construction and that the height of the backdrop vegetation is higher
than any proposed rooftop elevation.
(b)
Siting of buildings so as to minimize prominence
from the perspective of public views (for example, short side/end
facing toward prominent view).
(c)
Submission of landscaping plans demonstrating
effective screening of views from public roads. Introduced landscape
screening shall be comprised primarily of native plant material designed
to be compatible with the existing landscape.
D.
Grading. Alteration of natural ridgelines within the Ridgeline Protection Overlay District through grading or earthmoving shall be avoided. Where the applicant can demonstrate to the satisfaction of the Township that such grading cannot be avoided, it shall be minimized to the greatest extent possible. In all cases, grading or disturbance of the site shall be in conformance with the steep slope protection and other applicable standards of § 370-29, Natural Resource Conservation Overlay District.
E.
Woodland disturbance. Any proposed disturbance of woodland or other protected vegetation shall be in compliance with the standards of § 370-29 of the Natural Resource Conservation Overlay District. In addition, the following standards shall apply within the Ridgeline Protection Overlay District.
(1)
No woodlands shall be cleared, altered, or disturbed within 35 vertical feet of the highest ground point of the ridgeline except for those trees that are specifically exempt from the tree removal permit requirements of § 370-29B(7)(e) of this chapter.
(2)
No more than 25% of woodlands shall be cleared, altered,
or disturbed on a site located partially or completely within the
Ridgeline Protection Overlay District.
[Added 5-23-2005]
A.
Purpose. In addition to the general goals listed in the statements of Purpose, § 370-2, and the Community development objectives, § 370-3, the purpose of this overlay district is:
(1)
To encourage efficient, adequate and necessary wireless
communication services within North Coventry Township while protecting
the public health, safety and welfare of the property owners and residents
of the Township.
(2)
To promote the installation of new antennas on existing
structures.
(3)
To encourage the collocation of antennas and to encourage
the construction of towers in the least restrictive zoning districts.
(4)
To define height limitations.
(5)
To assure that collocated antennas will not exceed
the structural capacity of tower or other structures and will meet
the Uniform Construction Code and other regulations.
(6)
To require that wireless facilities comply with all
applicable standards established by the Federal Communications Commission
governing exposure to electromagnetic radiation and other regulations
of the Commission.
(7)
To establish reasonable setback requirements, provide
access to tower via public street or adequate easement, to assure
appropriate landscaping and screening, to assure that the design and
constructed tower will be in accordance with the current national
standards for steel towers, including the structural standards of
steel antenna towers and antenna support towers.
(8)
To require a security fence and dismantling and removing
a tower that is not in use for at least one year.
(9)
To encourage the use of appropriate municipal property
for communications facilities to assure the least intrusive locations
of towers.
B.
Applicability. This overlay district shall apply to
the boundaries of the Township of North Coventry as the applicability
and establishment of the communications towers, antenna and equipment
overlay district.
C.
Uses permitted in the Communications Towers, Antenna
and Equipment Overlay District. Property within the Communications
Towers, Antenna and Equipment Overlay District can be used with communication
antenna in combination with properties used for municipal purposes,
subject to the following standards:
(1)
Communication antennas attached or mounted to or on
an existing public utility building, structure or pole, existing communications
tower, water tower or municipal building or structure are permitted
by right if the height of the antenna does not exceed the existing
structure by more than 15 feet. The antenna shall be constructed to
simulate the architectural facade and/or color of the building or
object to which it is attached, and shall comply with the Uniform
Construction Code and other regulations and shall be designed and
constructed in accordance with current national standards for steel
towers including the structural standards of steel antenna towers
and antenna support structures published by the Electrical Industry
Association/Telecommunications Industry Association.
(2)
The communications tower is to be secured by a security
fence that is at least eight feet around the tower and equipment building.
(3)
Height. The applicant shall demonstrate that the antenna
is the minimum height required to function satisfactorily, which in
no case shall exceed 200 feet.
(4)
Setbacks. If a new antenna structure is to be constructed, the minimum distance between the base of the support structure or any guy wire anchors and any property line shall be equal to or greater than the antenna height, as defined in Article II.
(5)
Structure safety. The applicant shall demonstrate
that the proposed antenna and support structure are safe, designed
and built in accordance with the Township Building Code and other
applicable codes and standards, and that the surrounding areas will
not be negatively affected by support structure failure, falling ice
or other debris, electromagnetic fields, or radio frequency interference.
All support structures shall be fitted with anticlimbing devices,
as approved by the manufacturer.
(6)
Fencing. A fence shall be required around the antenna
support structure and other equipment, unless the antenna is mounted
on an existing structure. The fence shall be eight feet in height.
(7)
Landscaping. Landscaping shall be required to screen
as much of the support structure, fence, and other ground level features
as possible. A combination of existing vegetation, topography, walls,
decorative fences, or other features may be permitted if they achieve
the same degree of screening as required below. If the antenna is
mounted on an existing structure, such landscaping shall not be required:
(8)
Shared use. To reduce the number of antenna support
structures needed in the community in the future, the proposed support
structure shall be required to accommodate other users, including
other commercial communication companies, and local police, fire,
and ambulance companies.
(9)
Licensing. The commercial communications company must
demonstrate that it is licensed by the Federal Communications Commission.
(10)
Parking. If the cell site is fully automated,
adequate parking shall be required for maintenance workers. If the
site is not automated, the number of parking spaces shall equal the
number of people on the largest shift.
(11)
Painting. Support structures shall be painted
or have a galvanized finish to reduce visual impact. Painting of support
structures shall meet all Federal Aviation Administration (FAA) regulations.
(12)
No antenna support structure shall be artificially
lighted except as required by the FAA; and such lights shall be shielded
so as to reduce intrusion upon nearby properties.
D.
Site plan requirements.
[Amended 1-27-2014]
(1)
A site plan conforming to the requirements of Chapter 320, Subdivision and Land Development, as well as the requirements of Chapter 194, Grading, Erosion and Sediment Control; Stormwater Management. The site plan shall meet all applicable requirements of the Zoning Chapter for the district in which it is located.
E.
Standards for communications towers rebuild. A communications tower rebuild is permitted by right if the height of the communication tower rebuild is no greater in height than the existing communications tower and is built in accordance with the standards as set forth in Subsections C and D hereinbefore.
F.
Standards for new commercial communication antenna
or towers — special exception.
(1)
Any new commercial communication antenna or tower
shall be approved only by special exception, with the burden on the
applicant to demonstrate compliance with all of the standards as set
forth in this overlay district.
(2)
Additionally, the commercial communications company
is required to demonstrate, using technological evidence, that the
antenna must be located where it is proposed in order to satisfy its
function in the company's grid system, and demonstrate that there
is a need for this facility in the community where it will be located.
(3)
If the commercial communications company proposes
to build a tower, as opposed to mounting the antenna on an existing
structure, it is required to demonstrate that it contacted the owners
of all structures within a one-quarter-mile radius of the site proposed,
asked for permission to install the antenna on those structures, and
was denied for reasons other than economic ones. Tall structures shall
include smoke stacks, water towers, tall buildings, antenna support
structures of other communications towers (fire, police, etc.), and
other tall structures. The Township may deny the application to construct
a new tower if the applicant has not made a good faith effort to mount
the antenna on an existing structure.
G.
Removal of commercial communication antenna. Commercial
communication antennas that are no longer licensed and active commercial
transmitting facilities shall be removed at the owner's expense within
60 days of the last date that the facility was licensed by the FCC.
A bond or escrow account shall be posted with the Township in an amount
sufficient to ensure such removal, prior to construction of such facilities.
[Added 3-10-2008]
A.
Purpose.
(1)
In addition to the general goals in the statement of purpose, § 370-2, and community development objectives, as set forth in § 370-3, the purpose of this overlay district is to:
(a)
Protect public health, welfare, and safety.
(b)
Protect groundwater-based public water supply
sources from contamination.
(c)
Protect groundwater resources from excessive
extraction and depletion.
(d)
Manage land use activities that store, handle,
or produce regulated substances which can contaminate water supply
sources through improper stormwater and other inadequate site management.
(e)
Encourage the use of best management practices
(regulatory and nonregulatory).
(f)
Protect future groundwater sources of drinking
water.
(g)
Recognize local government responsibility in
protection of groundwater resources.
(h)
Encourage work with neighboring communities
for adequate protection of resource areas extending into other jurisdictions.
(2)
The provisions of this section shall specifically
apply to wells serving public water systems (including community and
public nontransient water supply systems) as defined by relevant federal
and state laws and regulations. This section does not apply to individual
private on-site wells or to wells used by commercial water bottling
operations.
B.
Authority. This section is enacted pursuant to Article I, Section 27 of the Constitution of the Commonwealth of Pennsylvania and Sections 501, 503, 601, 604(1), and 603(b) of the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended by Act 170 of 1988, as amended by Act 209 of 1990 and as further amended by Act 131 of 1992,[1] which provisions authorize North Coventry Township to
enact ordinances regulating development and land uses to:
(1)
Ensure the public health and safety;
(2)
Provide a safe, reliable and adequate water
supply; and
(3)
Preserve natural values and aquifers.
[1]
Editor's Note: See 53 P.S. §§ 10501,
10503, 10601, 10604(1) and 10603(b).
C.
Applicability.
(1)
This section applies only to those land uses
on parcels located within the Well Head Protection Area (WHPA; see
Figure 9-3)[2] that conduct a specific activity identified in this chapter
as regulated (see Table 9-3),[3] or that use or store regulated substances, as defined
in Table 9-3, in quantities exceeding those quantities assumed to
be normal for average household use. Few provisions in this section
apply unilaterally to all facilities in all zones based on time of
travel. Applicability may vary based on:
(a)
The location of a facility and the approximated
times of travel (short-term, intermediate, long-term) as reflected
in Well Head Protection Zones 1, 2, and 3 respectively;
(b)
The manner of regulated substance storage; and/or
(c)
The quantity of regulated substance that is
stored on site.
[2]
Editor's Note: Figure 9-3 is included at the end of this chapter.
[3]
Editor's Note: Table 9-3 is included at the end of this chapter.
(2)
This approach is taken in recognition of the
different levels of potential risk associated with location, types
of materials stored, and manner of storage. It shall be the standard
to be applied to determine applicability of the provisions of this
section.
D.
Establishment and delineation of Well Head Protection
Area (WHPA) and Well Head Protection Zones (WHPZ).
(1)
The Well Head Protection Area shall be defined
as that area within North Coventry Township, as delineated on Figure
9-3,[4] consisting of three Well Head Protection Zones (WHPZs).
These Well Head Protection Zones are established for each well serving
a public water system (including community and public nontransient
water supply systems) based on specific time-of-travel estimates and
general contributing area dynamics. The WHPA and WHPZs are overlay
zones, meaning all preexisting zoning conditions continue to apply
in addition to these well head protection provisions. Within the WHPZs,
some restrictions are placed on certain land uses with a greater potential
to impact groundwater quality. The number of restricted new uses and
the extent of restriction is significantly reduced, however, moving
from WHPZ 1 to WHPZ 2 and WHPZ 3. Only those land uses which clearly
present a potential threat to groundwater are prohibited within the
WHPZs.
[4]
Editor's Note: Figure 9-3 is included at the end of this chapter.
(2)
Well Head Protection Zones include:
(a)
Zone 1 — That area marked as Zone 1 on
Figure 9-3 representing a protective area immediately surrounding
a public water system (including community and public nontransient
water supply systems) well with a fixed radius of approximately 400
feet.
(b)
Zone 2 — That area marked as Zone 2 on
Figure 9-3 defined as having a five-year-to-ten-year time of travel
to the public water system (including community and public nontransient
water supply systems) well; this area is approximately 1/2 mile in
radius unless a more specific analysis using methods applicable to
the geologic setting of the Township have been employed.
(c)
Zone 3 — That area marked as Zone 3 on
Figure 9-3 representing the area that contributes surface and groundwater
to Zone 2. The radius of Zone III has been approximated at 4,000 feet
from each public water system (including community and public nontransient
water supply systems) well. Although all zones are approximations,
the Zone III limit is especially open to field confirmation.
(3)
Applicants, land owners, and other interested parties may appeal any WHPA and WHPZ designated limits by the submission to the Township of detailed technical information, including area-specific hydrogeologic studies undertaken by appropriate technical experts. The objector shall bear the burden of raising reasonable doubts by clear and convincing evidence that the technical foundation upon which the WHPA and WHPZs are based (e.g., direction of groundwater flow, rate of time of travel of flow, etc.) is not applicable or in error. Such studies and evidence that support the objection shall initially be reviewed by the Township Engineer and such other consultants as the Township, in its sole discretion, shall deem appropriate. If after review, the Township does not afford the relief requested, the objector may appeal to the North Coventry Zoning Board for an interpretation. The appeal procedure shall be in accordance with Article XVII of Chapter 370 of the North Coventry Code of Ordinances, including the payment of all required fees.
E.
Regulated land use activities. Within the Well Head
Protection Overlay District, land uses shall be regulated as follows:
(1)
Parcels located within the Well Head Protection
Area, as delineated on Figure 9-3[5], shall be governed by the restrictions applicable to the
Well Head Protection Zone where such lots and tracts of land are situate.
[5]
Editor's Note: Figure 9-3 is included at the end of this chapter.
(2)
Land uses within the Well Head Protection Area
are regulated (hereinafter "regulated land uses") according to the
Schedule of Regulated Land Uses attached hereto, marked Table 9-3[6] and incorporated herein by reference. Certain particular
regulated land uses will be prohibited, or permitted only by special
exception, within Zone 2 or Zone 3, as applicable, as is set forth
in the Schedule of Regulated Land Uses.
[6]
Editor's Note: Table 9-3 is included at the end of this chapter.
F.
Reporting requirements. As to each parcel located
within the Well Head Protection Area, on which there is conducted
a regulated land use, the record owner thereof shall submit or cause
to be submitted, to the Zoning Officer of North Coventry Township
and North Coventry Water Authority, the following reports and information
in the manner prescribed:
[Amended 5-11-2009]
(1)
Copies of all federal, state and county operational
approvals, certificates, permits and applications, on-going environmental
reports and monitoring results relating to environmental, pollution
control, hazardous substance, and drinking water laws and regulations
pertaining to such lot or tract of land, as and when required to be
submitted to federal, state, and county governmental authorities;
(2)
In the event that any contaminants and/or substances
regulated under federal, state or county environmental, pollution
control, hazardous substance and drinking water laws and regulations
are released on or from any lot or tract of land within the Well Head
Protection Overlay District, copies of any and all notices, reports
and documents which such owner filed or caused to be filed with any
federal, state, and/or county governmental authorities which provide
notice of or relate to such release, as and when such notices, reports
and documents are required to be filed with such governmental authorities;
and
(3)
Copies of all notices, orders, rules, decisions,
recommendations, enforcement actions, and similar documentation, as
and when received by or on behalf of such record owner or the occupant
of any such lot or tract of land, from any federal, state, or county
governmental authority in connection with the enforcement of environmental,
pollution control, hazardous substance, and drinking water laws and
regulations.
G.
Administration.
(1)
The Zoning Officer of North Coventry Township
is hereby designated as the Township official responsible for the
administration and enforcement of these provisions. The Zoning Hearing
Board of the Township shall hear appeals from the written decisions,
determinations and orders of the Zoning Officer regarding applications,
enforcement notices, cease and desist orders, and other matters, and
shall also hear substantive and procedural challenges to the validity
of this section.
[Amended 5-11-2009]
(2)
Uses of parcels in existence on the date of
enactment of this section which are regulated land uses shall be deemed
to be nonconforming uses of land under the terms of this section.
Such nonconforming uses of land may be continued by the present or
any subsequent owner, provided that:
(a)
The use is and remains otherwise lawful and
in compliance with all federal, state, and county environmental, pollution
control, hazardous substance, and drinking water laws and regulations;
(b)
The nonconforming use has not been and is not
discontinued for a period of 12 consecutive months;
(c)
The nonconforming use is not, after the date of enactment of this section, materially altered, changed or expanded except to the extent justified by a strict showing of commercial necessity for such alteration, change or expansion presented to the Zoning Hearing Board, and then only to the extent permitted by a grant of special exception from the Zoning Hearing Board under the provisions of Article XVII and only upon the same lot that the nonconforming use was located upon at the time the use became nonconforming;
(d)
The record owner of the parcel on which such
nonconforming use is located is in compliance with this section regarding
reporting requirements; and
(e)
The nonconforming use is not an actual source
of groundwater contamination.
(3)
A regulated land use shall be deemed to be new
or materially altered, changed, or expanded if:
(a)
The land use which constitutes the regulated
land use was not previously present and conducted upon the parcel
in question;
(b)
The production and/or storage capacity of the
regulated land use is increased;
(c)
The types of any substances which give rise
to the regulated land use are changed;
(d)
The number of types of any substances which
give rise to the regulated land use is increased; and/or
(e)
The quantity of any substances which give rise
to the regulated land use is materially increased.
(4)
Following the date of enactment of this section,
regulated land uses which are new or which constitute material changes,
alterations or expansions of nonconforming regulated land uses will
be prohibited in accordance with the terms of Table 9-3, thereby prohibiting
such regulated land uses or permitting such regulated land uses only
upon the granting of a special exception. Any regulated land use which
is permitted to be conducted within the Well Head Protection Area
as a result of the granting of a special exception in accordance with
the terms of this section shall not be deemed to be a nonconforming
use of land used or produced in connection with each regulated land
use being proposed and which substances are subject to regulation
by federal, state and/or county governmental authorities, provided
that:
(a)
Such nonconforming use is not, after the date
of enactment of this section, materially altered, changed or expanded;
(b)
The record owner of the parcel on which such
nonconforming use is located is in compliance with this section regarding
reporting requirements; and
(c)
Such nonconforming use is not an actual source
of groundwater contamination.
(5)
The Zoning Officer of North Coventry Township
shall issue a written decision recommending approving or disapproving
the application for a special exception, or recommending conditioning
the granting of the special exception by the Zoning Hearing Board
upon adherence to any or all of the following requirements by the
applicant for the special exception, where the Zoning Officer has
found that such adherence is reasonably necessary to fulfill the groundwater
protection purposes of this section.
[Amended 5-11-2009]
(a)
The installation of adequate containment facilities
and systems so as to prevent the contamination of groundwater by substances
regulated by federal, state, and/or county governmental authorities;
(b)
The preparation, filing (with the Zoning Officer),
and periodic revision of an emergency plan addressing the means by
which any potential contamination of groundwater will be controlled,
collected, and remediated, including emergency contacts and identification
of potential contaminants;
(c)
Regular inspection and/or monitoring of the
regulated land use by the owner, occupant, and/or third parties; and
(d)
Compliance by the applicant with the provisions of the Township
Subdivision and Land Development Ordinance[7] then in effect, and of Chapter 194, Grading, Erosion and Sediment Control, Stormwater Management, pertaining to sanitary sewage disposal, water supply, stormwater management, utilities and easements, and subsurface carbonate areas, if any.
[Amended 1-27-2014]
(6)
Applications to the Township Zoning Officer for a special exception under this section, as well as written decisions of the Zoning Officer and appeals from the written decisions of the Zoning Officer to the Zoning Hearing Board and appeals to the courts of the Commonwealth of Pennsylvania, shall be subject to the provisions of Article XVII of Chapter 370 of the North Coventry Code of Ordinances.
[Amended 5-11-2009]
[Added 3-10-2008]
A.
Findings of fact.
(1)
Section 603(b) of the Pennsylvania Municipalities
Planning Code (Act 247)[1], as amended, allows zoning ordinances to permit, prohibit,
regulate, restrict and determine uses of land, watercourses and other
bodies of water, and protection and preservation of natural resources.
[1]
Editor's Note: See 53 P.S. § 10603(b).
(2)
Section 603(d) of the Pennsylvania Municipalities
Planning Code (Act 247)[2], as amended, allows zoning provisions which regulate the
siting, density, and design of residential, commercial, industrial,
and other developments in order to assure the availability of reliable,
safe, and adequate water supplies to support the intended land uses
within the capacity of available water resources.
[2]
Editor's Note: See 53 P.S. § 10603(d).
(3)
North Coventry Township has had as a primary
goal sustaining, preserving and conserving its natural water resources.
To achieve this goal, the Township has embraced Green Valleys Association's
Sustainable Watershed Management program. The Township, using a detailed
modeling process undertaken by Green Valleys Association and its consultants,
has applied sustainable watershed management standards and criteria
in development of its Comprehensive Plan and its Zoning Ordinance
in order to make sure that water resources, quantity and quality,
are conserved and maintained within sustainable levels, even at municipal
and individual subbasin build out. This section is designed to support
and reinforce this sustainable watershed management program.
(4)
Development of exceptionally large water users,
which exceed the water use assumptions used in the technical modeling
process performed by Green Valleys Association for the Township, can
adversely impact the water cycle and water budget and potentially
can violate sustainable watershed management standards and criteria.
This section is designed to manage and regulate these exceptionally
large water users so that standards and criteria are achieved.
(5)
North Coventry Township has unique hydrological
effects resulting from a significant portion of Township homeowners,
businesses, and other land owners/users relying on private on-site
wells (i.e., groundwater) as the sole source of water supply. Although
most of these private well users also rely on private on-site wastewater
treatment systems (i.e., septic tanks) that return the bulk of the
water being pumped out of the ground back into the ground with a marginal
depletive loss and water cycle/budget impact, exceptionally large
water users potentially can be more depletive, resulting in significant
water cycle/budget impacts. Also, some of these private on-site well
users are connected to the municipal centralized wastewater treatment
system operated by the North Coventry Municipal Authority which discharges
treated wastewater effluent into the Schuylkill River at a location
substantially downstream. This specific combination of reliance on
on-site wells and connection to the centralized wastewater treatment
system with down-river discharge has especially adverse water cycle/budget
impacts.
(6)
The aquifers in most of the Township which support
the existing private on-site wells are mainly water table or semiconfined
aquifers which are recharged or replenished primarily from rainfall
which is falling locally. To the extent that any future municipal
well development can be located in areas close to the Schuylkill River
with substantial hydrogeologic connection to the river, these wells
can be assumed to be recharged and replenished substantially by river
flows, rather than rainfall. New municipal wells in these near-river
locations would avoid water cycle/budget impacts, assuming wastewater
treatment and discharge at the downstream treatment plant.
(7)
The remainder of North Coventry Township is
connected to the public water supply system, operated by the North
Coventry Water Authority, which currently obtains all of its water
from the Borough of Pottstown (which, in turn, pumps its water from
the Schuylkill River via a surface water allocation issued by the
State of Pennsylvania). Because this Borough of Pottstown water supply
is taken from the Schuylkill River, publicly served water connected
to publicly served wastewater treatment with its downstream effluent
discharge has no adverse water cycle or water budget impacts.
(8)
Balancing as much of the natural (i.e., predevelopment)
water budget within North Coventry Township is important for a number
of reasons. It is especially important to maintain natural groundwater
recharge occurring throughout the Township as close to predevelopment
levels as possible in order to maintain the natural water table, support
private and municipal wells, and provide for critical stream base
flow. Maintaining groundwater recharge for stream base flow is especially
important given that Township streams have been designated as special
protection waters by the State of Pennsylvania.
(9)
Natural groundwater recharge levels and overall
water cycle balance can be maintained through recycling of both wastewater
effluent and stormwater runoff even as significant growth is accommodated.
The Township has adopted stormwater management requirements designed
to recycle stormwater as set forth in the Sustainable Watershed Management
program.
(10)
Although North Coventry Township has adopted
stormwater management regulations which require that stormwater be
infiltrated and recharged, the centralized wastewater treatment system
collects Township untreated wastewater through gravity interceptor
sewers, directs these flows down grade to the municipal wastewater
treatment system, where the treated wastewater effluent is then discharged
into the Schuylkill River. To the extent that this wastewater has
been pumped from private on-site wells all substantially upstream
within Township subbasins, water cycle/budget in these subbasins especially
is impacted, and Sustainable Watershed Management standards and criteria
potentially are not achieved. The Township and its authorities should
work to correct these water cycle/budget impacts in the future, such
as by making sure that any expansion of the public water supply system
through development of new wells within the Township is done in a
way which minimizes adverse water cycle and water budget impacts and
achieves Sustainable Watershed Management standards and criteria (i.e.,
through near-river well locations, as discussed above).
B.
Statement of purpose.
(1)
It is the purpose of this section to promote the public health, safety, and general welfare and to minimize those impacts described in Subsection A above by establishing provisions designed to maintain water cycle/budget balance throughout North Coventry Township, even as additional land developments continue to occur. This water cycle/budget balance is to be accomplished through regulation of land uses/structures in the area of the Township designated as the Water Budget Impact Zone, defined as that area of the Township relying on private on-site wells for water supply, where excessive groundwater use, consumption, and/or depletion may occur if exceptionally large water users (significant water uses) are developed.
(2)
Major water-related aspects of land development,
including stormwater and water supply/use and wastewater treatment,
need to be carefully coordinated so as to prevent significant adverse
impact, quantity, and quality, on the water cycle/budget and the watersheds
which comprise the Township. To achieve this goal, the Township has
embraced Green Valleys Association's Sustainable Watershed Management
program, and, using a detailed modeling process undertaken by Green
Valleys Association and its consultants, has applied sustainable watershed
management standards and criteria in development of its Comprehensive
Plan and its Zoning Ordinance in order to make sure that water resources,
quantity and quality, are conserved and maintained within sustainable
levels, even at municipal and individual subbasin build out.
(3)
However, this modeling is based on average water
use factors and would be violated to the extent that exceptionally
large water users (significant water uses) are developed. Management
of these significant water uses is the subject of this section, the
total goal of which is maintaining water cycle/budget balance throughout
the Township.
C.
Establishment and delineation of Water Budget Impact
Zone Overlay District. North Coventry Township hereby creates an overlay
to the North Coventry Township Zoning Ordinance, as amended, defined
as the Water Budget Impact Zone (WBIZ); this overlay essentially is
defined as that area which currently relies on private on-site wells
(i.e., groundwater) for water supply. The WBIZ consists of all areas,
tracts, and lots that are not served and shall not be served as a
condition of the subdivision or development approval by North Coventry's
public water supply system.
D.
Determination of significant water uses.
(1)
Significant water uses are defined as:
(a)
Nonresidential uses which are water-intensive
(i.e., which have special water needs as part of a specific manufacturing/production
process or activity relating to the use, such as restaurants, some
dry cleaning operations, and so forth; defined here as 1,000 gpd average
usage); or
(b)
Uses where an especially large percentage of
water use can be expected to be consumptive or depletive (over 25%
for uses with 1,000 gpd average usage); or
(c)
Water extraction/bottling operations where water
(500 gpd or more average usage) is exported in some manner from the
site; or
(d)
Uses proposing wastewater treatment other than
on-site septic systems; or
(e)
Residential uses consisting of more than five
dwelling units to be developed and at a gross site density greater
than 0.25 dwelling units per acre; or
(f)
Any other uses which exceed the maximum allowable
water budget impact standards, per Table 9-4, as applied to the site
in question.
(2)
All other land uses are classified as nonsignificant
water uses, including individual single-family and small numbers of
residential uses at low density. The Township shall maintain a list
of significant water uses and applicants should consult with the Township
representatives, at the applicant's cost, in order to answer questions
relating to significant water use classifications.
(3)
It is the responsibility of each applicant to
determine whether his/her proposed development must be classified
as a significant water use. Significant water uses occur only in those
areas included in the Water Budget Impact Zone.
E.
Water budget impact analysis for significant water
uses within the Water Budget Impact Zone. All new subdivisions and
land developments that are classified as significant water uses and
located within the Water Budget Impact Zone are required to perform
a water budget impact analysis. This analysis should be performed
early in the land development process and submitted to the Township
and the Township Engineer, but in no case should the analysis be submitted
any later than with Preliminary Plan submission. The objective of
the analysis is to guarantee that appropriate water resource standards,
quantity and quality, are not violated in those cases where new land
development being proposed is not consistent with the assumptions
set forth in this section that are designed to maintain hydrologic
balance and prevent significant adverse impact to overall water quality.
F.
Water budget impact analysis and alternative water
budget impact analysis.
(1)
A water budget impact analysis must be performed for all significant water uses within the WBIZ. The objective of the analysis is to: calculate the maximum allowable water budget impact allowable at a particular site (the supply); calculate the maximum water demand, including net water reduction, associated with the proposed development; and where demand exceeds supply, the analysis must propose adequate mitigation to resolve the excess (see § 370-34.2G below).
(a)
In terms of calculating available water budget
supply, the water budget impact analysis must utilize the values for
Q7-10 flow, defined as the lowest consecutive seven-day stream flow
occurring once every 10 years, together with the water quantity and
quality water budget impact standards, which vary by stream order
subbasin (first-order stream vs. non-first-order-stream) and by Pennsylvania
Code Chapter 93 state stream designation (special protection waters
vs. nonspecial protection waters) set forth for the particular subbasin.
These standards provide the basis for calculating the supply of water
resource impact, or reduction, calculated by applying the relevant
impact standard multiplier times site acreage times the relevant Q7-10
value, allowed at a site. The resulting value, or supply, is then
compared with the proposed use demand, in order to determine if the
water budget standards are being achieved. Stream subbasin boundaries
are shown in Figure 9-4 and Q7-10 flow values are illustrated in Figure
9-5 from the Sustainable Watershed Management for Northern Chester
County Watersheds (January 2000).[3] Q7-10 values from other qualified sources, such as the
USGS, may be used if approved by the Township. Water budget impact
standards are as follows in Table 9-4.
|
Table 9-4
Maximum Allowable Water Budget Impact
Standards by Stream Order
| |||
|
Water Quality
|
1st Order Stream Subbasin
|
2nd and Higher Order Stream Subbasins
| |
|
Special protection waters
|
Maintain 75% Q7-10 flow
Multiplier 0.25
|
Maintain 50% Q7-10 flow
Multiplier 0.50
| |
|
Other waters
|
Maintain 50% Q7-10 flow
Multiplier 0.50
|
Maintain 50% Q7-10 flow
Multiplier 0.50
| |
|
NOTE: Sample supply calculation
for a ten-acre site located within the Bickel's Run subbasin:
|
|
Bickel's Run is designated a high-quality, special
protected waters by PA DEP. Bickel's Run is a first-order stream as
shown in Figure 9-4. Therefore, the water budget impact standard,
per Table 9-4, would require maintenance of 75% of Q7-10 flow by applying
a multiplier of 0.25. Q7-10 flow for the site would be 143GPD/acre,
using Figure 9-5.
| |||
|
Supply
|
=
|
impact standard multiplier x site acreage x
site Q7-10 flow
| |
|
Supply
|
=
|
0.25 x 10 acres x 143 GPD/ac
| |
|
Supply
|
=
|
357.5 GPD
| |
[3]
Editor's Note: Figure 9-5 is included at the
end of the chapter.
(b)
When calculating the water budget demand, the
water budget impact analysis is to assume an average residential dwelling
unit use of 300 gallons per day and is to assume the consumptive water
use loss factors for wastewater treatment as estimated in the Sustainable
Watershed Management Plan and Program. It shall be the responsibility
of the applicant to substantiate the method for calculating the demand
for all nonresidential uses.
(c)
The water budget impact analysis is to be submitted
to the Township Engineer for review and approval. Township Engineer
approval is required in order for the Preliminary Plan to be approved.
(2)
An alternative water budget impact analysis
may be submitted to the Township, not based on the Q7-10 values and
water budget impact standards, as set forth above, although such an
alternative analysis is not encouraged by the Township. In all of
these alternative water budget impact analysis cases, the completed
analysis (including the calculated water supply and demand factors)
shall be subject to the review, comment, and approval of each government
agency, if any, which has a statutory or regulatory duty to review
water budget impact analyses in connection with the proposed land
development. The applicant shall file with the Township copies of
all communications with all government agencies relating to the water
budget impact analysis. Issues relating to the appropriate mitigation
of any impacts calculated and reviewed/approved by the agencies shall
be approved directly by the Township and the Township Engineer utilizing
suggested mitigation measures as set forth below.
G.
Mitigation of water budget impact analysis violations.
(1)
In those cases where the water budget impact
analysis indicates a water reduction impact at a specific site which
violates (i.e., exceeds) standards, then the applicant has several
options in order to achieve adequate mitigation of the impact:
(a)
Provide additional land area within the subbasin
adequate to balance the excess (this provision should be taken to
mean any type of conveyance or reservation from fee simple acquisition
to conservation easements to purchase of development rights which
provides an effective guarantee in perpetuity that such lands will
not be developed).
(b)
Commit to other types of actions which promote
water budget balance.
(c)
Demonstrate that the subbasin water budget will
not be exceeded through special water use restrictions which can be
monitored and enforced (e.g., commitment to reduce and/or eliminate
water usage during dry periods, etc.)
(d)
Other mitigation measures approved by the Township.
(2)
Mitigation must be reviewed and approved by
the Township Engineer in order for the Preliminary Plan to be approved
and the development to proceed.
[Added 4-23-2012]
A.
Purpose. The purpose of this section is to create an airport overlay
district that considers safety issues around the Pottstown Municipal
Airport, regulates and restricts the heights of constructed structures
and objects of natural growth, creates appropriate zones, establishing
the boundaries thereof and providing for changes in the restrictions
and boundaries of such zones, creates the permitting process for use
within said zones and provides for enforcement, assessment of violation
penalties, an appeals process, and judicial review.
B.
Relation to other zone districts. The Airport Overlay District shall
not modify the boundaries of any underlying zoning district. Where
identified, the Airport Overlay District shall impose certain requirements
on land use and construction in addition to those contained in the
underlying zoning district.
C.
AIRPORT ELEVATION
AIRPORT HAZARD
AIRPORT HAZARD AREA
APPROACH SURFACE (ZONE)
CONICAL SURFACE (ZONE)
DEPARTMENT
FAA
HEIGHT
HORIZONTAL SURFACE (ZONE)
OBSTRUCTION
PRIMARY SURFACE (ZONE)
RUNWAY
TRANSITIONAL SURFACE (ZONE)
TREE
Definitions. The following words and phrases when used in this section
shall have the meaning given to them in this subsection unless the
context clearly indicates otherwise:
The highest point of an airport's usable landing area measured
in feet above sea level. The airport elevation of the Pottstown Municipal
Airport is 256 feet.
Any structure or object, natural or man-made, or use of land
which obstructs the airspace required for flight or aircraft in landing
or taking off at an airport or is otherwise hazardous as defined in
14 CFR 77 and 74 Pa.C.S.A. § 5102.
Any area of land or water upon which an airport hazard might
be established if not prevented as provided for in this section and
Act 164 of 1984 (Pennsylvania laws relating to aviation).[1]
An imaginary surface longitudinally centered on the extended
runway center line and extending outward and upward from each end
of the primary surface. An approach surface is applied to each end
of the runway based on the planned approach. The inner edge of the
approach surface is the same width as the primary surface and expands
uniformly depending on the planned approach. The approach surface
zone, as shown on Figure 34.3,[2] is derived from the approach surface.
An imaginary surface extending outward and upward from the
periphery of the horizontal surface at a slope of 20 feet horizontally
to one foot vertically for a horizontal distance of 4,000 feet. The
conical surface zone, as shown on Figure 34.3,[3] is based on the conical surface.
Pennsylvania Department of Transportation.
Federal Aviation Administration of the United States Department
of Transportation.
For the purpose of determining the height limits in all zones
set forth in this section and shown on the Zoning Map, the datum shall
be mean sea level elevation unless otherwise specified.
An imaginary plane 150 feet above the established airport
elevation that is constructed by swinging arcs of various radii from
the center of the end of the primary surface and then connecting the
adjacent arc by tangent lines. The radius of each arc is based on
the planned approach. The horizontal surface zone, as shown on Figure
34.3,[4] is derived from the horizontal surface.
Any structure, growth, or other object, including a mobile
object, which exceeds a limiting height set forth by this section.
An imaginary surface longitudinally centered on the runway,
extending 200 feet beyond the end of paved runways or ending at each
end of turf runways. The elevation of any point on the primary surface
is the same as the elevation of the nearest point on the runway center
line. The primary surface zone, as shown on Figure 34.3,[5] is derived from the primary surface.
A defined area of an airport prepared for landing and takeoff
of aircraft along its length.
An imaginary surface that extends outward and upward from
the edge of the primary surface to the horizontal surface at a slope
of seven feet horizontally to one foot vertically (7:1). The transitional
surface zone, as shown on Figure 34.3,[6] is derived from the transitional surface.
Any object of natural growth.
[1]
Editor's Note: See 74 Pa.C.S.A. § 5101 et seq.
[2]
Editor's Note: Figure 34.3 is included at the end of this chapter.
[3]
Editor’s Note: Figure 34.3 is included at the end of this chapter.
[4]
Editor's Note: Figure 34.3 is included at the end of this chapter.
[5]
Editor's Note: Figure 34.3 is included at the end of this chapter.
[6]
Editor's Note: Figure 34.3 is included at the end of this chapter.
D.
Establishment and delineation of the Airport Overlay District.
(1)
The FAA has created and established the Pottstown Municipal Airport Hazard Area containing five imaginary surface zones, as defined in Subsection C and depicted, on Figure 34.3, Pottstown Municipal Airport Hazard Area and Airport Overlay District Map,[7] hereby adopted as part of this section, which includes:
(a)
Primary Surface Zone.
(b)
Approach Surface Zone.
(c)
Transitional Surface Zone.
(d)
Horizontal Surface Zone.
(e)
Conical Surface Zone.
[7]
Editor's Note: Figure 34.3 is included at the end of this chapter.
(2)
The Airport Overlay District shall comprise those areas of North
Coventry Township which coincide with and are subject to the Pottstown
Municipal Airport Hazard Area established above.
E.
Permit applications.
(1)
As regulated by Act 164[8] and defined by 14 CFR 77.13(a) (as amended or replaced), any person who plans to erect a new structure, to add to an existing structure, or to erect and maintain any object (natural or man-made), within the Airport Overlay District, exceeding 100 feet above ground level, shall first notify the Department's Bureau of Aviation (BOA) by submitting PENNDOT Form AV-57 to obtain an obstruction review of the proposal at least 30 days prior to commencement thereof. The Department's BOA response must be included with this permit application for it to be considered complete. If the Department's BOA returns a determination of no penetration of airspace, the permit request should be considered in compliance with the intent of this overlay section. If the Department's BOA returns a determination of a penetration of airspace, the permit shall be denied, and the project sponsor may seek a variance from such regulations as outlined in Subsection F.
[8]
Editor's Note: See 74 Pa.C.S.A. § 5101 et seq.
(2)
No permit is required to make maintenance repairs to or to replace
parts of existing structures which do not enlarge or increase the
height of an existing structure.
F.
Variance.
(1)
Any request for a variance shall include documentation in compliance
with 14 CFR 77 Subpart B (FAA Form 7460-1, as amended or replaced).
Determinations of whether to grant a variance will depend on the determinations
made by the FAA and the Department's BOA as to the effect of the proposal
on the operation of air navigation facilities and the safe, efficient
use of navigable airspace. In particular, the request for a variance
shall consider which of the following categories the FAA has placed
the proposed construction in:
(a)
No objection. The subject construction is determined not to
exceed obstruction standards and marking/lighting is not required
to mitigate potential hazard. Under this determination a variance
shall be granted.
(b)
Conditional determination. The proposed construction/alteration is determined to create some level of encroachment into an airport hazard area which can be effectively mitigated. Under this determination, a variance shall be granted contingent upon implementation of mitigating measures as described in Subsection I, Obstruction marking and lighting.
(c)
Objectionable. The proposed construction/alteration is determined
to be a hazard and is thus objectionable. A variance shall be denied,
and the reasons for this determination shall be outlined to the applicant.
(2)
Such requests for variances shall be granted where it is duly
found that a literal application or enforcement of the regulations
will result in unnecessary hardship and that relief granted will not
be contrary to the public interest, will not create a hazard to air
navigation, will do substantial justice, and will be in accordance
with the intent of this section.
G.
Use restrictions. Notwithstanding any other provisions of this section,
no use shall be made of land or water within the Airport District
Overlay in such a manner as to create electrical interference with
navigational signals or radio communications between the airport and
aircraft, make it difficult for pilots to distinguish between airport
lights and others, impair visibility in the vicinity of the airport,
create bird strike hazards or otherwise endanger or interfere with
the landing, takeoff or maneuvering of aircraft utilizing the Pottstown
Municipal Airport.
H.
Preexisting nonconforming uses. The regulations prescribed by this
section shall not be construed to require the removal, lowering, or
other change or alteration of any structure or tree not conforming
to the regulations as of the effective date of this section, or otherwise
interfere with the continuance of a nonconforming use. No nonconforming
use shall be structurally altered or permitted to grow higher, so
as to increase the nonconformity, and a nonconforming use, once substantially
abated (subject to the underlying zoning ordinance,) may only be reestablished
consistent with the provisions herein.
I.
Obstruction marking and lighting. Any permit or variance granted pursuant to the provisions of this section may be conditioned according to the process described in Subsection F to require the owner of the structure or object of natural growth in question to permit the municipality, at its own expense, or require the person requesting the permit or variance, to install, operate, and maintain such marking or lighting as deemed necessary to assure both ground and air safety.
J.
Violations and penalties: subject to that in the underlying Zoning
Ordinance.
K.
Appeals: subject to the process in the underlying Zoning Ordinance.
L.
Conflicting regulations. Where there exists a conflict between any
of the regulations or limitations prescribed in this section and any
other regulation applicable to the same area, the more stringent limitation
or requirement shall govern and prevail.
M.
Severability. If any of the provisions of this section or the application
thereof to any person or circumstance are held invalid, such invalidity
shall not affect other provisions or applications of the section which
can be given effect without the invalid provision or application,
and, to this end, the provisions of this section are declared to be
severable.
[Added 6-23-2014]
A.
Purpose. In addition to the general goals listed in the statements of § 370-2, Purpose, and § 370-3, Community development objectives, and in addition to the purposes and objectives outlined in Section 701-A of Act 247, the Pennsylvania Municipalities Planning Code,[2] it is the purpose of this overlay district to implement
the Northern Chester County Gateway Master Plan, adopted February
2009 and which serves as an amendment to the North Coventry Township
Comprehensive Plan, with respect to its recommendations for establishment
of three traditional neighborhood development (TND) areas along the
Route 100 corridor to serve as gateways into northern Chester County,
and that create a coordinated approach to development by focusing
new development and redevelopment in existing centers and along major
transportation arteries. Additional purposes include:
(1)
To encourage development of traditional neighborhoods in the
Route 100 corridor in a manner consistent with the traditional land
use pattern and design of rural Chester County villages.
(2)
To create a gradient of development intensity in the three TND
areas along Route 100, ranging from relatively low intensity in the
southernmost TND area to relatively higher intensity in the northernmost
TND area, consistent with the availability of infrastructure.
(3)
To encourage new development, infill development, and redevelopment
in the Route 100 corridor in an effort to enhance its economic viability.
(4)
To create functional and cohesive neighborhoods that contain
an integrated mix of residential and nonresidential land uses and
include public spaces that promote social interaction.
(5)
To promote pedestrian circulation within TND areas by locating
housing, goods and services, offices, and public spaces within walking
distance of each other, and by augmenting the system of pedestrian
pathways.
(6)
To provide centrally located greens, parks, and open space for
public use and natural resource conservation.
(7)
To create a network of greenways and nonmotorized pathways that
link destinations within and among the three TND areas and that link
to other existing destinations in the Route 100 corridor and surrounding
areas.
(8)
To provide for safe and efficient roadways by creating a network
of connected streets and alleys designed to accommodate vehicular
and non-vehicular circulation.
(9)
To encourage a compact form of development while enabling flexibility
with respect to lot design and building types.
(10)
To promote parking, signage, landscaping, and streetscaping
that is consistent with traditional neighborhood development, compatible
with rural North Coventry Township, and consistent with contemporary
planning/engineering standards.
[2]
Editor's Note: See 53 P.S. § 10701-A.
B.
Zoning Map Overlay. Traditional neighborhood development is permitted
as a conditional use in the TND Overlay District as delineated on
the North Coventry Township Zoning Map.[3] The TND Overlay District is divided into three separate
areas—TND-1, TND-2, and TND-3—each with specific provisions
as set forth below. TND-1, TND-2 and TND-3 Overlay District boundaries
are as shown in Appendix Figure 34-4.A and Figure 34-4.B.[4]
[3]
Editor's Note: The Zoning Map is on file in the Township offices.
[4]
Editor's Note: Said figures are included as attachments to this chapter.
C.
Eligibility.
(1)
To be eligible for consideration, a TND plan shall meet all
of the following criteria:
(a)
The development tract may be held in single and separate ownership
or by multiple owners; in either case, the development tract shall
be developed according to a single plan that depicts complete build-out
of the tract with common authority and responsibility.
(b)
The development tract shall be served by a public sewer disposal
system and public water service.
(c)
The development tract shall contain a minimum of 10 contiguous
acres.
D.
Development of tracts less than 10 acres.
(1)
Development tracts less than 10 acres as of the date of this section shall conform to Subsection J, Design standards for a TND, and to the standards of the TND District (TND-1, TND-2, or TND-3) in which it is located except that:
(a)
The development may be comprised entirely of residential uses
or entirely of nonresidential uses.
(b)
Where residential use is provided, the development may be comprised
entirely of one type of residential use, which shall be in accordance
with the use regulations of the TND District in which the development
is located.
(c)
One-hundred percent of the required open space may be in the
form of civic open space, active recreation, or greenways. A central
green may be provided.
E.
TND-1 requirements. The TND-1 District is intended to promote a less
intense development pattern compatible with immediately surrounding
existing development by permitting single-family residential development
on village-scale lots, and neighborhood-scale commercial development.
Greenway land for public use, conservation, and perimeter buffering
is also required.
(1)
Development density and intensity.
(a)
The maximum permitted residential density shall be one dwelling
unit per acre of net tract area (1.0 x net tract area).
(b)
Second-floor residential dwellings (over nonresidential uses)
included in mixed-use buildings shall not be counted toward density
calculations.
(c)
Nonresidential uses shall not occupy more than 20% of the net
tract area of the TND.
(2)
Use regulations.
(a)
Permitted uses.
[1]
Single-family detached dwellings.
[2]
Retail stores and services, restaurants, banking
or financial institutions, professional offices, professional or personal
service establishments, catering business not to exceed a two-thousand-square-foot
building footprint for 1.5-story buildings and not to exceed a four-thousand-square-foot
building footprint for two-story buildings. Multi-tenant buildings
shall not exceed a ten-thousand-square-foot building footprint.
[3]
Uses with drive-through windows are prohibited.
[4]
Second-floor dwelling units above nonresidential
uses, provided the total number of dwelling units in the TND shall
not be increased by more than 10 dwelling units or 10%, whichever
is greater. Second-floor dwelling units shall have a minimum floor
area of 800 square feet.
[5]
Municipal or public use, excluding sanitary landfill
or trash transfer station.
[8]
Timber harvesting, subject to the provisions of § 370-29B(7).
(3)
Area and bulk regulations.
(a)
Single-family detached standards.
[1]
Minimum net lot area: 6,000 square feet.
[2]
Minimum lot width: 60 feet.
[3]
Maximum lot coverage: 50%.
[4]
Minimum front setback: 12 feet. Porches may encroach
up to a maximum of six feet into the front yard.
[5]
Maximum front setback: 20 feet. Porches may encroach
up to a maximum of six feet into the front yard.
[6]
Minimum side yard setback: five feet each side,
20 feet aggregate, minimum distance of 15 feet between buildings;
five feet for accessory buildings.
[7]
Minimum rear yard setback: 20 feet for principal
building, 18 feet for alley-loaded garage, five feet for accessory
buildings.
[8]
Maximum building height: 35 feet for principal
building, 20 feet for accessory buildings.
(b)
Nonresidential use standards.
[1]
Minimum net lot area: Determined by adding 20%
to the land area needed to accommodate buildings, on-site parking,
ingress/egress, and any required on-site infrastructure. The additional
20% shall serve as a vegetated setback area and landscaped buffers.
[2]
Minimum lot width: 50 feet.
[3]
Maximum lot coverage: 75%.
[4]
Build-to line: 10 feet from right-of-way.
[5]
Minimum side yard setback: 10 feet each side, minimum
distance of 20 feet between buildings.
[6]
Minimum rear yard setback: 20 feet.
[7]
Minimum building height: 20 feet.
[8]
Maximum building height: 35 feet.
F.
TND-2 requirements. The TND-2 District permits single-family detached,
single-family semidetached, and single-family attached (townhouse)
residential development on moderately sized village-scale lots and
community-scale commercial development compatible with immediately
surrounding existing development. Greenway land for public use and
conservation is also required.
(1)
Development density and intensity.
(a)
The maximum permitted residential density shall be four dwelling
units per acre of net tract area (4 x net tract area).
(b)
Second-floor residential units (over nonresidential uses) included
in mixed-use buildings shall not be counted toward density calculations.
(c)
Nonresidential uses shall not occupy more than 30% of the net
tract area of the TND.
(2)
Residential mix.
(a)
A minimum of two housing types shall be provided within each
TND-2 development in accordance with the following percentages:
[1]
A minimum of 60% of the total number of dwellings
shall be single-family detached dwellings.
[2]
When single-family semidetached (twin) dwellings
are proposed, a minimum of 10% and a maximum of 20% of the total number
of dwellings shall be single-family semidetached (twin) dwellings.
[3]
When single-family attached (townhouse) dwellings
are proposed, a minimum of 10% and a maximum of 20% of the total number
of dwellings shall be single-family attached (townhouse) dwellings.
(b)
Housing types shall be compatible in scale and design, and integrated
within the same streetscape. A minimum of 10% of blocks shall have
two housing types located along the same street frontage.
(3)
Use regulations.
(a)
Permitted uses.
[1]
Single-family detached dwellings.
[2]
Single-family semidetached (twin) dwellings.
[3]
Single-family attached (townhouse) dwellings.
[4]
Retail stores and services, restaurants, banking
or financial institutions, professional offices, professional or personal
service establishments, catering business, exercise facility/club,
club or lodge not to exceed a three-thousand-square-foot building
footprint for 1.5-story buildings and not to exceed a five-thousand-square-foot
building footprint for two-story buildings. Multi-tenant buildings
shall not exceed a fifteen-thousand-square-foot building footprint.
[5]
Uses with drive-through windows are prohibited.
[6]
Second-floor dwelling units above retail and/or
office uses, provided the total number of dwelling units in the TND
shall not be increased by more than 10 dwelling units or 10%, whichever
is greater. Second-floor dwelling units shall have a minimum floor
area of 800 square feet.
[7]
Child or adult day-care center.
[8]
Emergency service.
[9]
Municipal or public use, excluding sanitary landfills
or trash transfer stations.
[11]
Religious use.
[13]
Timber harvesting, subject to the provisions of § 370-29B(7).
(4)
Area and bulk regulations.
(a)
Single-family detached standards.
[1]
Minimum lot width: 50 feet.
[2]
Maximum lot coverage: 50%.
[3]
Minimum front setback: 12 feet. Porches may encroach
up to a maximum of six feet into the front yard.
[4]
Maximum front setback: 15 feet. Porches may encroach
up to a maximum of six feet into the front yard.
[5]
Minimum side yard setback: five feet each side,
20 feet aggregate, minimum distance of 15 feet between buildings.
[6]
Minimum rear yard setback: 20 feet for principal
building, 18 feet for alley-loaded garage, five feet for accessory
buildings.
[7]
Maximum building height: 35 feet.
(b)
Single-family semidetached (twin) standards.
[1]
Minimum lot width: 35 feet minimum per unit to
45 feet maximum per unit.
[2]
Maximum lot coverage: 50%.
[3]
Minimum front setback: 12 feet. Porches may encroach
up to a maximum of six feet into the front yard.
[4]
Maximum front setback: 15 feet. Porches may encroach
up to a maximum of six feet into the front yard.
[5]
Minimum side yard setback: five feet each side,
20 feet aggregate, 15 feet minimum between buildings.
[6]
Minimum rear yard setback: 20 feet for principal
building, 18 feet for alley loaded garage, five feet for accessory
buildings.
[7]
Maximum building height: 35 feet for principal
building, 25 feet for accessory buildings.
[8]
Maximum dwelling units per building: two.
(c)
Single-family attached (townhouse) standards.
[1]
Minimum net lot area: 2,000 square feet.
[2]
Maximum dwelling units per building: four.
[3]
Minimum lot width per dwelling unit: 25 feet for
end units, 18 feet for interior units.
[4]
Maximum building coverage: 50%.
[5]
Maximum lot coverage: 75%.
[6]
Build-to line: 12 feet.
[7]
Minimum side yard: five feet for end units, minimum
distance of 15 feet between buildings and adjacent dwellings.
[8]
Minimum rear yard setback: 18 feet from alley.
[9]
Maximum building height: 35 feet.
(d)
Nonresidential use standards.
[1]
Minimum net lot area: Determined by adding 20%
to the land area needed to accommodate buildings, on-site parking,
ingress/egress, and any required on-site infrastructure. The additional
20% shall serve as a vegetated setback area and landscaped buffers.
[2]
Minimum lot width: 50 feet.
[3]
Maximum building coverage: 50%.
[4]
Maximum lot coverage: 75%.
[5]
Build-to line: 10 feet from right-of-way.
[6]
Minimum side yard setback: 10 feet each side, minimum
distance of 20 feet from adjacent principal buildings and dwellings.
[7]
Minimum rear yard setback: 20 feet.
[8]
Minimum building height: 20 feet.
[9]
Maximum building height: 35 feet.
G.
TND-3 requirements. The TND-3 District is intended to promote a high-intensity
development pattern compatible with immediately surrounding existing
development by permitting single-family detached, single-family semidetached,
single-family attached (townhouse), and multifamily residential development
on small lots, and regional-scale commercial development. Greenway
land for public use and conservation is also required.
(1)
Development density and intensity.
(a)
The maximum permitted residential density shall be four dwelling
units per acre of net tract area (4 x net tract area).
(b)
Second-floor residential units (over nonresidential uses) included
in mixed-use buildings shall not be counted toward density calculations.
(c)
Nonresidential uses shall occupy not more than 30% of the net
tract area of the TND.
(2)
Residential mix.
(a)
A minimum of three housing types shall be provided within each
TND-3 development in accordance with the following percentages:
[1]
A minimum of 50% of the total number of dwellings
shall be single-family detached dwellings.
[2]
When single-family semidetached (twin) dwellings
are proposed, a minimum of 10% and a maximum of 20% of the total number
of dwellings shall be single-family semidetached (twin) dwellings.
[3]
When single-family attached (townhouse) dwellings
are proposed, a minimum of 10% and a maximum of 20% of the total number
of dwellings shall be single-family attached (townhouse) dwellings.
[4]
When multifamily dwellings are proposed, a minimum
of 5% and a maximum of 10% of the total number of dwellings shall
be multifamily dwellings.
(b)
Housing types shall be compatible in scale and design, and integrated
within the same streetscape. A minimum of 10% of blocks shall have
two housing types located along the same street frontage.
(3)
Use regulations.
(a)
Permitted uses.
[1]
Single-family detached dwellings.
[2]
Single-family semidetached (twin) dwellings.
[3]
Single-family attached (townhouse) dwellings.
[4]
Multifamily dwellings.
[5]
Retail stores and services, restaurants, banking
or financial institutions, professional offices, professional or personal
service establishments, catering business, exercise facility/club,
club or lodge not to exceed a five-thousand-square-foot building footprint.
Multi-tenant buildings shall not exceed a twenty-thousand-square-foot
building footprint.
[6]
Uses with drive-through windows are prohibited.
[7]
Second-floor dwelling units above retail and/or
office uses, provided the total number of dwelling units in the TND
shall not be increased by more than 10 dwelling units or 10%, whichever
is greater. Second-floor dwelling units shall have a minimum floor
area of 600 square feet.
[8]
Municipal or public use, excluding sanitary landfills
or trash transfer stations.
[10]
Adaptive reuse of existing building for professional office use or a bed-and-breakfast, if located in a Class I, II, or III historic structure as defined by § 370-32C. Such use shall be subject to the provisions of § 370-38 and the applicable provisions of § 370-32. In addition, a bed-and-breakfast shall be subject to the provisions of § 370-44.
[11]
Religious use.
[12]
Emergency service.
[13]
Child or adult day-care center.
[16]
Timber harvesting subject to the provisions of § 370-29B(7).
(4)
Area and bulk regulations.
(a)
Single-family detached dwelling.
[1]
Lot width: 40 feet minimum to 60 feet maximum.
[2]
Maximum building coverage: 25%.
[3]
Maximum lot coverage: 50%.
[4]
Minimum front setback: 12 feet. Unenclosed porches
may encroach up to a maximum of six feet into the front yard.
[5]
Maximum front setback: 15 feet. Unenclosed porches
may encroach up to a maximum of six feet into the front yard.
[6]
Minimum side yard setback: five feet each side,
15 feet aggregate, minimum distance of 10 feet between buildings.
[7]
Minimum rear yard setback: 20 feet for principal
building, 18 feet for alley loaded garage, five feet for accessory
buildings.
[8]
Maximum building height: 35 feet.
(b)
Single-family semidetached (twin) dwelling.
[1]
Minimum lot width: 35 feet per unit minimum to
45 feet per unit maximum.
[2]
Maximum lot coverage: 50%.
[3]
Minimum front setback: 12 feet. Unenclosed porches
may encroach up to a maximum of two feet into the front yard.
[4]
Maximum front setback: 15 feet. Unenclosed porches
may encroach up to a maximum of two feet into the front yard.
[5]
Minimum side yard setback: five feet each side,
15 feet aggregate, 10 feet minimum between buildings.
[6]
Minimum rear yard setback: 20 feet for principal
building, 18 feet for alley-loaded garage, five feet for accessory
buildings.
[7]
Maximum building height: 35 feet.
[8]
Maximum dwelling units per building: two.
(c)
Single-family attached (townhouse) dwelling.
[1]
Minimum net lot area: 2,000 square feet.
[2]
Maximum dwelling units per building: five.
[3]
Minimum lot width per dwelling unit: 25 feet for
end units, 18 feet for interior units.
[4]
Maximum building length: 120 feet.
[5]
Maximum building coverage: 50%.
[6]
Maximum lot coverage: 75%.
[7]
Build-to line: 12 feet.
[8]
Minimum side yard: five feet each side of building,
15 feet between buildings.
[9]
Minimum rear yard setback: 18 feet from alley.
[10]
Maximum building height: 45 feet.
(d)
Multifamily dwelling.
[1]
Minimum net lot area: As necessary to accommodate
buildings, accessways, required parking, landscaping and buffering,
and any required on-site infrastructure.
[2]
Maximum dwelling units per building: eight.
[3]
Minimum lot width: 100 feet.
[4]
Maximum building coverage: 50%.
[5]
Maximum lot coverage: 75%.
[6]
Build-to line: 10 feet.
[7]
Minimum side yard: 10 feet each side, minimum distance
of 20 feet between buildings and adjacent principal buildings.
[8]
Minimum rear yard setback: 18 feet.
[9]
Maximum building height: 45 feet.
(e)
Nonresidential use.
[1]
Minimum net lot area: Determined by adding 20%
to the land area needed to accommodate buildings, on-site parking,
ingress/egress, and any required on-site infrastructure. The additional
20% shall serve as a vegetated setback area and landscaped buffers.
[2]
Minimum lot width: 50 feet.
[3]
Maximum building coverage: 50%.
[4]
Maximum lot coverage: 75%.
[5]
Build-to line: 10 feet from right-of-way.
[6]
Minimum side yard setback: 10 feet each side.
[7]
Minimum rear yard setback: 20 feet.
[8]
Minimum building height: 35 feet.
[9]
Maximum building height: 45 feet.
H.
Incentive for green building. The maximum permitted development density
and intensity may be increased in accordance with the following when
the entire TND receives certification under the U.S. Green Building
Council's Leadership in Energy and Environmental Design (LEED) or
an approved equivalent. The LEED, or equivalent rating system to be
employed shall be approved by the Board of Supervisors.
(1)
The Board of Supervisors may permit up to a 10% density bonus
beyond the maximum residential density permitted in the TND District
in which the development is located.
(2)
For nonresidential uses, the Board of Supervisors may permit
up to a 10% increase in the permitted building footprint square footage
beyond the maximum building square footage permitted in the TND District
in which the development is located.
I.
Open space requirements. In addition to the requirements in § 370-81 of the Zoning Ordinance, open space within a TND shall conform to the following regulations:
(1)
Composition.
(a)
Open space shall include civic spaces (greens, squares, and
community gardens), active recreation (parks, playgrounds, tot lots,
playing fields/courts, and trails), and greenway land (for passive
recreation, trail connections, and conservation).
(b)
Within a TND, open space shall be provided as follows:
[1]
A minimum of 20% of the required open space shall
be comprised of formal civic spaces.
[2]
Open space in the form of active recreation shall
be provided at a minimum of one acre for every 25 dwelling units.
[3]
The remainder of the required open space shall
be in the form of greenway land, which shall include all environmentally
constrained lands/primary conservation areas.
[4]
Open space land may include stormwater best management
practices facilities; however, such facilities shall not occupy more
than 50% of the required open space area.
(2)
Dimensions.
(a)
Greens and squares shall have a minimum area of 5,000 square
feet and a maximum area of 30,000 square feet.
(b)
Parks shall have a minimum area of 10,000 square feet.
(c)
Greenway land shall have a minimum width of 100 feet.
(d)
Civic open space shall not contain more than 10% impervious
coverage.
(3)
Location and accessibility.
(a)
Open space shall be distributed throughout the TND such that
accessibility to open space is maximized.
(b)
Each TND shall include a central green having a minimum area
of 10,000 square feet. The central green shall be located adjacent
to a principal street or at its terminal vista. Such green shall be
bounded by buildings on at least two sides.
(c)
Greens and parks in addition to the central green shall be dispersed
throughout the TND such that each lot within a TND shall be no more
than 1/4 mile from a green or a park; however, playing fields, courts,
and playgrounds shall not be located within 100 feet of any new or
existing residential lot. Greens shall be bounded by buildings on
at least two sides.
(d)
Each commercial area shall include at least one square or one
green surrounded by two-story buildings on at least two sides and
up to three sides.
(e)
Where a green, square, or park is bounded by buildings, such
buildings shall have their primary entrance oriented toward the green,
square or park, and such green or square shall be bounded by a street
or, when rear access to the buildings is provided, by a perimeter
pedestrian path.
(f)
Open space shall add to the visual amenities of the TND and
surrounding area by locating it at the ends of streets, along the
outside edge of street curves, and along the perimeter of the TND.
(g)
Open space shall be configured as a connected network and shall
include multiple points of access from adjacent sidewalks, trails,
residential areas, and nonresidential areas within the TND. Multi-use
trails shall be constructed within the required open space areas to
enable circulation through the open space network. Paths, trails,
and crosswalks shall be provided to connect the required open space
areas to any existing or planned public open space on adjoining parcels.
(4)
Landscaping of greens and squares.
(a)
All greens and squares shall be planted with shade trees along
their perimeter at intervals not greater than 40 feet. Central greens,
and greens and squares located in nonresidential areas shall contain
additional landscaping features including walkways, monuments, statues,
gazebos, fountains, benches, and pedestrian scale lampposts. Landscaping
shall not obstruct views into the green or square from the street
or from surrounding buildings.
J.
Design standards for a TND. Development in the TND Overlay District,
including TND-1, TND-2, and TND-3, shall comply with the North Coventry
Township Subdivision and Land Development Ordinance[5] and the following design standards. Where there is direct conflict with the Subdivision and Land Development Ordinance, the standards of this Subsection J shall prevail.[6]
(1)
Overall form.
(a)
Traditional neighborhood developments shall be designed as a
pattern of blocks formed by interconnecting streets.
(b)
To the greatest extent practicable, blocks shall be a maximum
600 feet in length.
(c)
All traditional neighborhood developments shall contain a residential
area, a nonresidential area, and open space areas. The center of the
TND shall be in the form of an open space area or the prominent intersection
or two or more streets. Nonresidential areas may be located either
at the approximate center of the TND, surrounded by residential areas,
or along an existing collector or arterial street with residential
areas at the interior of the TND. Second-floor residential and office
uses are encouraged in nonresidential areas.
(d)
Greens and squares shall be located at street intersections
to the extent practicable to provide for terminal vistas. Where a
green or square is not feasible, buildings shall be located at street
intersections to anchor the corners.
(e)
All lots shall front on a street, except that residential dwellings
with rear alley access may front onto a green or park, which shall
have a perimeter sidewalk.
(f)
Residential lots shall be located within 1/4 mile of the commercial
area of the TND to the extent practicable.
(g)
Nonresidential uses that are intended to serve an area beyond
the TND shall be located to permit vehicular access from outside the
TND without passing through residential streets of the TND.
(2)
Streets.
(a)
Streets shall be laid out in a generally rectilinear pattern
with variations as needed for topographic, environmental and other
design considerations.
(b)
Streets shall be constructed using a design speed of 20 miles
per hour.
(c)
Streets shall be designed to include traffic calming devices,
which shall include "T" intersections, loop roads, and traffic islands,
and on commercial streets, curb bump-outs.
(d)
All streets within the TND shall connect to another street within
the TND.
(e)
Streets shall connect to existing or proposed streets on adjacent
tracts where practicable.
(f)
The street pattern shall be laid out to minimize disturbance
of existing natural, cultural, and historic resources.
(g)
Streets shall be designed to maximize non-vehicular circulation
and safety.
(h)
Streets shall be designed to terminate at a vista to the extent
practicable.
(i)
Cul-de-sac streets shall not be permitted.
(j)
All two-way secondary distributor streets without parallel parking
shall have cartway width of 20 feet, consisting of two ten-foot travel
lanes.
(k)
All two-way local access streets without parallel parking shall
have a cartway width of 18 feet, consisting of two nine-foot travel
lanes.
(l)
All one-way lanes without parallel parking shall have a cartway
width of 14 feet.
(m)
All parallel parking lanes shall be seven feet wide.
(n)
All loop roads shall have a central green running their entire
length that is planted with trees along its entire perimeter at intervals
not greater than 40 feet.
(o)
Curbing shall be provided along all streets. An additional one
foot of width shall be provided on each side of the street to accommodate
curbing.
(p)
Street widths may be modified for the construction of traffic
calming structures and bicycle lanes, subject to the approval of the
Board of Supervisors.
(3)
Alleys.
(a)
All alleys shall be one-way.
(b)
Alleys shall provide rear access to parking (i.e., private garages
and driveways) for all residential dwellings on blocks where the average
lot width per dwelling unit is 55 feet or less.
(c)
Alleys shall have a minimum cartway width of 12 feet.
(d)
A two-foot-wide buffer from the edge of the alley paving shall
be maintained and shall not contain any landscaping or structures
that limit or obstruct safe sight distance.
(e)
Alleys are not required to have sidewalks, curbs, or street
trees; however, alleys shall be lighted by fixtures mounted on garage
building facades or by pedestrian-scale lamps.
(f)
The driveways of dwellings served by alleys shall be located
a minimum of 25 feet from the point where the alley intersects with
the nearest street cartway. This requirement shall only apply to driveways
of dwellings located adjacent to the end of the alley where vehicles
can enter the alley.
(4)
Sidewalks, crosswalks, and trails.
(a)
Sidewalks shall be constructed along all sides of all streets
within a TND.
(b)
Sidewalks are not required along lanes and alleys.
(c)
Sidewalks shall link to trails and other pedestrian pathways
in order to form a complete pedestrian network that connects residential,
commercial, civic, and open space areas.
(d)
Sidewalks shall be a minimum of five feet wide in residential
areas, a minimum of six feet wide in commercial areas, and a minimum
of 12 feet wide in commercial areas with sidewalk dining.
(f)
Sidewalks shall be maintained and repaired, on an ongoing basis
by the lot owner and/or homeowners' association, and/or the property
owners' association.
(g)
Crosswalks shall be delineated at all street intersections within
commercial and mixed-use areas and shall be a minimum of six feet
in width.
(5)
Parking.
(a)
Off-street parking.
[1]
Off-street parking for nonresidential buildings, townhouses, and multifamily dwellings shall be located at the rear of buildings and accessed only by alleys or rear access lanes. Parking at the side of buildings shall be set back at least as far as the front facade of the principal building and shall be screened in accordance with Subsection J.(5)(a)[3].
[2]
No off-street parking or parking lot shall be located
between the building facade and the street right-of-way line. On a
corner lot, this requirement shall apply to both sides of the lot
on which the building has frontage.
[3]
Any off-street parking lot that abuts a street
shall be screened by a landscaped area having a minimum width of four
feet in which is located a wall, opaque fencing, a continuous row
of shrubs, or a combination thereof, in addition to any required shade
trees. Any such wall, fencing, or hedge shall be no less than 40 inches
high and no more than 48 inches high.
[4]
Any existing off-street parking lot shall be screened in accordance with Subsection J.(5)(a)[3].
[5]
Off-street parking may be housed in a parking structure
or garage. Such structures or garage shall be designed to be architecturally
integrated with the surrounding principal buildings. Parking structures
or garages shall not be taller than the surrounding principal buildings.
Parking structures or garages that front on a street shall contain
liner stores at the street level along its entire frontage.
[6]
Off-street parking for trailheads and natural areas
shall utilize pervious surface material and shall not be lighted.
(b)
On-street parking.
[1]
On-street parking shall be provided for all dwelling
units having rear access from an alley and for all dwelling units
having an individual driveway less than 50 feet in length.
[2]
Two parking lanes shall be provided on streets
fronted on both sides by lot widths averaging less than 55 feet per
dwelling unit. If lots front on only one side of the street, then
only one parking lane shall be provided.
[3]
Only one parking lane shall be provided on streets
fronted on both sides by lot widths averaging 55 feet to 100 feet.
[4]
On-street parking is not required on streets where
lot widths are greater than 100 feet.
[5]
On-street parking spaces shall be parallel to the
curb. Curb bump-outs shall be installed every 200 feet on streets
fronted by nonresidential uses.
[6]
On-street parking spaces shall be seven feet wide
by 22 feet long.
[7]
On-street parking spaces along the front lot line
shall count toward the minimum number of parking spaces required for
the use on that lot.
(6)
Garages and driveways.
(a)
Each residential dwelling unit, with the exception of multifamily
dwelling units, shall have a garage for automobile storage.
(b)
Garages located on residential lots and gaining access from
a rear alley shall be rear entry, such that garage doors face the
alley, and shall be set back a minimum of 18 feet from the edge of
the alley pavement.
(c)
Where rear alley access to parking is not required for residential
dwelling units, garages may be accessed by a curb cut and driveway
extending from the front street. To minimize the visual prominence
as viewed from the street all such garages shall be designed and located
according to one of the following options, which are listed in order
of preference:
[1]
The garage is side entry, such that garage doors
face the side yard, and is located directly behind the rear wall of
the dwelling.
[2]
The garage is side entry, such that garage doors
face the side yard, and is set back a minimum of 10 feet from the
front facade of the dwelling.
[3]
The garage is front entry, such that garage doors
face the front property line, the garage is detached from the principal
building and is set back a minimum of 10 feet from the rear wall of
the dwelling.
[4]
The garage is front entry, such that garage doors
face the front property line, the garage is attached to the principal
building and is set back a minimum of 10 feet from the front facade
of the dwelling.
(7)
Street wall.
(a)
A minimum of 60% of a building facade shall be located along
the build-to line. The remaining 40% of the building may include recesses
or projections, or a landscaped courtyard or pocket park that is open
to the street.
(b)
On a corner lot, the build-to line shall be on both sides of
the lot on which the building has street frontage.
(c)
Buildings, greens, squares, or pocket parks shall anchor corners
where streets intersect.
(8)
Building/architectural design.
(a)
Residential and nonresidential building design and materials
shall be varied but shall be consistent with the design and materials
found in historic villages of North Coventry Township and Chester
County.
(b)
A minimum of 65% of single-family detached and a minimum of
65% of single-family semidetached (twin) dwellings shall have an unenclosed
front entry porch which shall be covered by a permanent roof. Porches
on residential buildings shall be a minimum of six feet deep and 12
feet wide.
(c)
Primary entrances to attached housing, nonresidential buildings,
and mixed-use buildings shall have a portico other entrance design
consistent with the building style.
(d)
The primary roof of all principal residential dwellings and
civic use buildings shall have a roof pitch ratio between 8:12 (eight
vertical to 12 horizontal) and 12:12.
(e)
Commercial and office building design:
[1]
The facades of commercial and office buildings
shall be designed with projecting and recessed sections of at least
four feet in depth at intervals no less than 25 feet and no more than
36 feet. A larger recess for a landscaped courtyard, square, or green
that is open to the street may be permitted.
[2]
A minimum of 60% and a maximum of 85% of the building
facade at ground level shall include windows. Tinted and reflective
windows are prohibited.
[3]
Exterior walls lacking architectural detail or
windows shall not face a street, parking area, or sidewalk.
[4]
Multi-tenant buildings shall be lined with shops
along the ground level on their primary facades.
[5]
Awnings, cornices, balconies, arcades or other
architectural features shall be used to articulate the division between
the first story and upper stories.
[6]
A minimum eight-foot clearance shall be provided
from the sidewalk to the lowest part of the awning. Awnings constructed
of metal, plastic, plexiglas, or shiny or reflective material shall
be prohibited.
[7]
Corner cutoffs or other architectural features
shall be used to provide visual interest to buildings located on street
corners.
[8]
To create visual interest, no more than three adjoining
units shall have the same building height.
[9]
Where the roof of a commercial or office building
is flat, a parapet wall having a minimum height of 42 inches shall
screen the rooftop and all rooftop mechanical equipment.
[10]
Where rear access to the building is provided,
an attractive rear facade is encouraged; however, the front facade
shall serve as the main storefront.
[11]
Rear entrances accessed from a rear parking lot
shall be easily identifiable and adequately lighted, and loading areas
and trash and utility areas shall be screened from the entryway.
(9)
Street furniture.
(a)
Public trash receptacles shall be provided in all public open
space areas and at one-hundred-foot intervals on each street containing
commercial, office, or civic uses.
(b)
Public benches shall be provided in all public open space areas
and at one-hundred-foot intervals on each street containing commercial,
office, or civic uses. The locations of benches may be modified to
coincide with uses that generate activity. Benches shall be placed
together with trash receptacle. Benches shall not impede pedestrian
circulation.
(c)
A minimum of one bike pod shall be provided adjacent to the
sidewalk on each street containing commercial, office, or civic uses.
The bike pod shall not obstruct pedestrian circulation along the sidewalk.
(10)
Signage.
(a)
In addition to the requirements in Article XIII, signs associated with nonresidential uses within a TND shall conform to the following regulations:
[1]
Signs shall not be freestanding signs and shall
be affixed to a building facade, canopy, arcade, or the ground as
follows:
[a]
A wall sign may be permitted, provided the wall
sign does not exceed 12 square feet in area and may be mounted on
either side of a doorway or between the first and second floors of
a multistory building. Individual channelized letters shall be provided
to the maximum extent possible for all wall signs.
[b]
A projecting sign may be permitted, provided that
the lower edge of the sign is a minimum of 10 feet above grade and
not higher than the first floor or 15 feet, whichever is less, and
does not extend more than four feet from the building wall. A projecting
sign shall not exceed six square feet in area.
[c]
A ground sign may be permitted, provided it does
not exceed 12 square feet in area.
[d]
An awning sign may be used in lieu of a wall sign
or in combination, provided that awning signs shall maintain a clear
height of at least 10 feet and maximum of six feet in depth. Lettering
shall be limited to 12 inches vertically.
[e]
Portable signs subject to the provisions of § 370-104C(2)
of the Subdivision and Land Development Ordinance.
[f]
Directional signage shall be provided to identify
all civic uses for the purpose of facilitating way finding. Such signage
shall not exceed four square feet per sign.
[2]
The top of signs (except window signs) shall be
located no higher than the sills of second-story windows.
[3]
With the exception of awning signs, signs shall
be constructed of wood, metal or synthetic material, provided that
the typeface and logos have a dimensional rather than flat quality.
[4]
Sign colors shall preferably be dark background
colors with light-colored lettering.
[5]
External neon signs are prohibited. Non-flashing
neon signs may be displayed inside windows, provided they occupy no
more than 15% of the glass area of the window in which they are displayed.
(11)
Streetlights.
(a)
In addition to the lighting requirements in § 320-56 of the Subdivision and Land Development Ordinance, streetlights within a TND shall conform to the following regulations:
[1]
Streetlights shall be provided along both sides
of all streets and shall be spaced at two-hundred-foot intervals alternating
from one side of the street to the other. The location of streetlights
may be modified as necessary to provide safety, subject to approval
by the Township.
[2]
Streetlight types and styles shall be consistent
with the pedestrian-oriented TND streetscape and subject to approval
by the Township.
K.
Design standards for development along Route 100 and Route 724.
(1)
In addition to the design standards listed in Subsection J, development along Route 100 or Route 724 shall conform to the following standards.
(a)
Commercial uses along Route 100 or Route 724 shall conform to
the following:
[1]
Commercial uses shall not parallel Route 100 for
a distance greater than 300 feet, or Route 724 for a distance greater
than 150 feet, unless the storefronts are located behind a landscaped
buffer area providing visual screening in all seasons of the year,
or are located on the opposite side of a greenway area extending the
full length of the commercial area as it parallels Route 100 or Route
724. If berms are used within the landscaped buffer area, they shall
be no taller than two feet and shall taper gradually into the landscape
with slopes not exceeding 1:5.
[2]
The commercial buildings shall be designed with
display windows, architectural features, and signage facing Route
100 and Route 724. Blank walls shall not face Route 100 and Route
724.
[3]
Canopy trees shall be planted at intervals not
greater than 40 feet along Route 100 and Route 724.
(b)
Residential uses, excluding second-floor dwelling units above
commercial uses, shall not be located within 500 feet of Route 100,
nor within 300 feet of Route 724, unless effectively screened from
public view by virtue of natural topography or dense vegetation.
L.
Procedures for application and approval of a traditional neighborhood
development.
(1)
All applicants shall comply with the procedures for application
and approval as set forth in the North Coventry Township Subdivision
and Land Development Ordinance[10] and the following:
(a)
All applicants are strongly encouraged to submit a sketch plan
prior to the filing of the application for preliminary approval in
order to allow for informal discussion of the conceptual aspects of
the development plan.
(b)
All applicants shall submit a design manual at the time of application for conditional use approval, which shall specifically describe and illustrate how the development will address each of the design standards cited in Subsection I, Subsection J, and Appendix E.[11]
[11]
Editor's Note: Said appendix is included as an attachment to this chapter.
(2)
The Board of Supervisors shall have the authority to grant modifications
to the requirements of the Subdivision and Land Development Ordinance
if it determines that such modifications will enhance the design and
function of the TND and will not adversely impact public health, safety,
and welfare.
[1]
Editor's Note: See also the Proposed Traditional Neighborhood Development Overlay District Design Guidelines [available in the Township offices or through the Township's online version of the Code (eCode360®)], and Figure 34-4.C, Summary of TND Overlay District Regulations (included as an attachment to this chapter).
