To protect the water resources associated with
carbonate geologic formations in West Whiteland Township from land
use and development patterns which would threaten their quality and
quantity as a result of pollution and the alteration of natural drainage
patterns.
A.
Carbonate areas subject to the provisions of this
article consist of limestone and related geologic formations depicted
on the Carbonate Area District Map which, together with all of the
explanatory matter thereon, is attached to and declared to be a part
of this chapter. The Carbonate Area District boundary lines shall
be as shown on the Carbonate Area District Map.[1]
[1]
Editor's Note: A copy of the Zoning Map, including Exhibit 1, Environmental Features, which indicates the Carbonate Area, is included at the end of this chapter. The Official Zoning Map is on file at the Township offices.
B.
In reviewing all applications for compliance with the provisions of this article, the Township shall make its review on the basis of carbonate area boundaries as described in § 325-76A.
C.
Where interpretation is needed as to the exact location
of the boundaries of the district as shown on the Carbonate Area District
Map, as, for example, where there appears to be a conflict between
a mapped boundary and actual field conditions, an initial determination
of the exact boundary of the carbonate area shall be made by the Township
Engineer.
(1)
Any party seeking such a determination may submit
a geological study of the area in question or other pertinent documentation
for consideration. The Township Engineer shall make a written report
of the results of his initial determination, a copy of which shall
be provided to the Board of Supervisors.
(2)
Any party aggrieved by any such determination of the
Township Engineer may appeal to the Zoning Hearing Board. The person
contesting the location of the district boundary shall have the burden
of proof in case of any such appeal.
A.
Regulations pertaining to carbonate areas as set forth
in this article shall constitute an overlay on the otherwise applicable
zoning districts as delineated on the Township Zoning Map. Should
such regulations be declared inapplicable for any tract of land for
any reason by the Board of Supervisors, the zoning applicable to such
tract shall be the district in which it is located, as shown on the
Township Zoning Map, without consideration of this article.
C.
Exempted from the standards and procedures of this
article are:
(1)
The construction and alteration of a single-family
detached dwelling structures accessory thereto and an on-site sewer
system to serve such a dwelling.
(2)
Land subdivisions not exceeding two lots where uses
are limited to one single-family detached dwelling per lot.
(3)
In carbonate areas, alteration and development of land may be hazardous with respect to foundation safety of structures, the creation of unstable land as a result of changes in drainage and the contamination of ground and surface waters. Within the limitations of the information available at the time of review of individual applications, the Township shall attempt to make reasonable judgments as to the applicant's compliance with the standard's of § 325-77. Under no circumstances shall West Whiteland Township, or any officer or employee of the Township, assume any liability for any damages that may result from an applicant's or any interested party's reliance upon the regulations of this article or any decisions made by the Township in the administration of such regulations.
A.
No structure on land or water shall be used or developed, and no structure shall be located, extended, converted or structurally altered in the Carbonate District unless the applicant takes all reasonable measures to minimize the adverse impacts of his proposed action, as set forth in Subsections A(1) through (5) below. "To minimize" shall not necessarily mean to eliminate, but to make the most substantial effort possible under the circumstances to reduce the adverse effect of the action required to be minimized.
(1)
The below ground storage of heating oil, gasoline
chemical solutions or other substances which, if released, would constitute
pollutants to ground or surface waters. If warranted, as determined
by the Township, the applicant may be required to place tank(s) in
a concrete vault, install other impervious liners and/or install monitoring
devices. The applicant shall also demonstrate compliance with all
applicable regulations of the Pennsylvania State Police, Fire Marshal
Division.
(2)
The use of fill containing any material which would
represent a potential contamination hazard to ground or surface waters.
Materials shall include, but not necessarily be limited to, wastes
identified as hazardous by the Pennsylvania Department of Environmental
Protection.
(3)
Storage, handling, processing or disposal of toxic
materials or any other substance with the potential to contaminate
ground and surface waters. The applicant shall also demonstrate compliance
with Chapter 75 of the Rules and Regulations of the Pennsylvania Department
of Environmental Protection and with the Resource Conservation and
Recovery Act of 1976, P.L. 94-580, as amended.[1]
[1]
Editor's Note: See 42 U.S.C. § 6901
et seq.
(4)
Land grading or construction of buildings or other
site improvements which would directly or indirectly diminish the
flow of natural springs. If warranted, as determined by the Township,
water table data from observation wells shall be provided by the applicant.
(5)
The installation of a water supply well which would
directly or indirectly affect water supply, water volume, water table
or underground aquifers, ground water or watershed. Any individual
or community water supply involving water supplied from a well shall
be prohibited in the Carbonate Area Zoning District.
B.
Should the Township find that an applicant may create a significant risk to the public's health or safety, in spite of taking all reasonable actions to minimize such risks, or should the Township determine that the applicant has not taken all reasonable actions to minimize such risks, the Township may deny the application in accordance with § 325-80 herein. In either case of denial, the applicant may submit an environmental assessment report in accordance with § 325-79, for further consideration by the Board.
A.
Except for applicants initially electing to submit an environmental assessment report as set forth in § 325-79, all other applicants whose properties are located entirely or partially within the Carbonate Area District, as defined in § 325-76A, shall submit the following information to the Township:
(1)
A map, at a scale no smaller than one inch equals
100 feet, indicating the location of the property and all proposed
improvements thereon and their geographic relationship to the Township's
Carbonate District. The applicant shall utilize the carbonate area
boundaries depicted on the Township's Carbonate District Map.
(2)
For areas proposed for grading, construction of buildings
and other improvements the applicant shall submit information for
such areas indicating the presence of any of the following carbonate
features:
(a)
Depressions.
(b)
Fissures, lineaments, faults or air photo fracture
traces.
(c)
"Ghost lakes" occurring after rainfall events.
(d)
Outcrops of bedrock.
(e)
Seasonal high water tables.
(f)
Sinkholes.
(g)
Soil mottling, as defined by a soil scientist.
(h)
Springs.
(i)
Surface drainage entering the ground.
(3)
Such information may be based upon field surveys and/or
published data, but in either case shall be supported by an explanation
of its source, including the qualifications of the individuals directly
responsible for preparing such information.
B.
The Township Engineer shall review the information provided by the applicant as required in Subsection A and may make a site inspection of the property, having notified the applicant at least five days in advance. The Township Engineer shall submit a memorandum report to the Board, presenting his findings with respect to the applicant's compliance with each and every standard in § 325-77, for which one of the following opinions shall be rendered:
(1)
Compliance. The application complies with the standard.
(2)
Compliance with additional conditions. The application
would comply with the standard provided that certain additional conditions
were met by the applicant.
(3)
Noncompliance. The application does not comply with
the standard.
(4)
Nondetermination. A determination of compliance cannot
be made on the basis of information provided by the applicant.
C.
A copy of the Township Engineer's report shall also be forwarded to the applicant. Should that report contain findings of "noncompliance" or "nondetermination," the applicant shall be permitted to submit an environmental assessment to the Township in accordance with procedures set forth in § 325-79. Should the applicant fail to notify the Township, in writing, within the applicable time period (including a written request for extension thereof if necessary) of his intent to submit an environmental assessment all findings of "nondetermination" shall be acted upon by the Board in the same manner as findings of "noncompliance."
A.
All applicants filing an environmental assessment report shall prepare such a report in accordance with the provisions of this section. In such instances, the report shall provide additional information to the Township, demonstrating that the applicant can comply with all standards in § 325-77, or that one or more of such standards would not be applicable, given the conditions of the applicant's property or existing uses thereon, or that his proposed action poses no threat to public health or safety.
B.
The format and contents of the environmental assessment
report shall be as follows:
(1)
State of purpose. This section shall indicate those standards in § 325-77 being addressed in the report and whether the applicant is attempting to demonstrate compliance or justify noncompliance with those standards.
(2)
Description of existing conditions. This section shall
present a description of existing characteristics of the property
with respect to geology, topography, ground- and surface water hydrology,
soils, vegetation and existing improvements and uses.
(3)
Description of the proposed action. This section shall
describe the proposed action, including types, locations and phasing
of proposed site disturbances and construction, as well as proposed
future ownership and maintenance of the property and the proposed
improvements. Plans describing the proposed action may either be included
within or accompany the environmental assessment report.
(4)
Proposed measures to control potential adverse environmental impacts. This section shall describe all measures proposed by the applicant to control all adverse impacts which may occur as a result of the proposed action. It shall address all impacts cited by the Township Engineer in his report on the application, prepared in accordance with procedures described in § 325-78.
(5)
List and qualifications of preparers. The names, addresses,
telephone numbers and qualifications of persons directly responsible
for preparing the environmental assessment shall be provided.
(6)
Appendices. Any additional information which the applicant
wishes to provide may be included in one or more appendices to the
report.
C.
The environmental assessment report must be received
by the Township no later than 20 days prior to the final date by which
the Township must formally act upon the application. The report shall
be submitted in six copies to the Township. The Township Engineer
shall review the report and submit his findings in a memorandum to
the Board. A copy of that memorandum shall be forwarded to the applicant.
A.
Following the report of the Township Engineer on any submission under § 325-78 or any environmental assessment report under § 325-79, the Board shall either approve the application, approve with conditions or reject it and shall do so within any applicable time period unless a request to extend the time period is mutually agreed upon in writing.
B.
Where compliance with this article is required as
part of an application for subdivision or land development approval,
the Board's decision on whether compliance has been achieved shall
be made as part of its decision on the subdivision or land development
application.
C.
Where the application is part of a request for a building/zoning
permit, the Zoning Officer shall issue no such permit until the terms
of this article and any conditions imposed upon the use of the property
at the time of subdivision or land development approval, are satisfied.
