[Added 6-27-1994 by Ord. No. 541]
The purpose of this article is to expand upon the community development objectives associated with environmental protection and the preservation of natural resources expressed in Article I of Chapter 275, Zoning, and to complement the provisions in Article XXXV thereof relating to open space. Further, the provisions of this article are designed to encourage the sensitive treatment of hillsides and their related soil and vegetation resources in an effort to minimize adverse environmental impacts. The following objectives serve to complement these specific purposes and the overall purposes of this article:
A. 
To conserve and protect steep and very steep slopes from inappropriate development such as excessive grading, land form alteration and extensive vegetation removal.
B. 
To avoid potential hazards to property and the disruption of ecological balance which may be caused by increased runoff, flooding, soil erosion and sedimentation, blasting and ripping of rock and landslide and soil failure.
C. 
To encourage the use of steep and very steep slopes for open space and other uses which are compatible with the preservation of natural resources and protection of areas of environmental concern.
A. 
Compliance. No area within the Steep Slope Conservation District shall hereafter be used without full compliance with the terms of this article and other applicable regulations.
B. 
Preservation of other restrictions. It is not intended by this article to repeal, abrogate or impair any regulations set forth in any other articles herein, any regulations of Chapter 275, Zoning, except as therein provided, and or any easements, restrictive covenants or deed restrictions, except that, where this article imposes greater restrictions, its provisions shall prevail. Further, nothing contained in this article shall diminish in any way the provisions of the Clean Streams Law[1] and/or Chapter 102 of the Department of Environmental Protection Rules and Regulations, or any other applicable state, federal, county or Township regulations, codes, ordinances and the like.
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
C. 
Boundary definition and mapping.
(1) 
The Steep Slope Conservation District is comprised of areas of steep and very steep slopes, as shown on the Steep Slope Conservation District Map[2] which is attached to and made part of this chapter. The map constitutes only a general representation of steep and very steep slopes, based on the analysis of the contours displayed on the most recent United States Geological Survey (USGS) Quadrangles for Media, Pennsylvania, and Marcus Hook, Pennsylvania. As such, refined mapping will be required to more accurately define the district, as specified in Subsection C(5) below.
[2]
Editor's Note: A copy of said map is on file in the office of the Township Secretary and may be examined there during regular office hours.
(2) 
Areas of steep slope are characterized by a change in elevation from 15% to 25% over the distance and contour interval specified in Subsection C(5) below.
(3) 
Areas of very steep slope are characterized by a change in elevation greater than or equal to 25% over the distance and contour interval specified in Subsection C(5) below.
(4) 
The Steep Slope Conservation District Map shall be considered as an overlay to the Middletown Township Zoning Map subject to the following:
(a) 
The District shall have no effect on the permitted use in the underlying zoning district, except where said uses, intended to be located within the boundaries of the District, are in conflict with the permitted uses set forth in this section.
(b) 
In those areas of the Township where the district applies, the limitations of the Steep Slope Conservation District as set forth herein shall be in addition to the requirements of the underlying zoning district(s).
(c) 
Should the district boundaries be revised as a result of the judicial decision, the zoning requirements applicable to the area in question shall revert to the requirements of the underlying zoning district(s) without consideration of this section.
(5) 
Interpretation of district boundaries.
(a) 
The applicant shall use an actual field topographic survey as the source of contour information and the basis for depicting steep and very steep slopes as described below.
(b) 
The Steep Slope Conservation District Map (based on the ten-foot contour interval from USGS) shall be used as a general guide for determining the boundaries of the district. In any application for subdivision and/or land development, the applicant shall, using the contour interval as required in this chapter, delineate slopes from 15% to 25% and greater than or equal to 25%.
(c) 
Mapping of steep and very steep slope shall be performed using a tick-strip or other suitable measuring device.
(d) 
Whenever five-foot contour intervals are required by this Subdivision and Land Development Ordinance for minor subdivisions, the applicant shall delineate all steep and very steep slopes on this basis. However, the use regulations of this article will be invoked only when there is a cumulative steep or very steep slope over a ten-foot or more vertical change in grade. Thus, the representative sample of steep and/or very steep slope for minor subdivisions will be 10 or more feet of vertical grade change.
(e) 
Whenever two-foot contour intervals are required by this Subdivision and Land Development Ordinance for major subdivisions and/or land developments, or as required for an environmental impact assessment under Article 31 of Chapter IX, Zoning, the applicant shall delineate all steep and very steep slopes on this basis. However, the use regulations of this article will be invoked only when there is a cumulative steep or very steep slope over a six-foot or more vertical change in grade. Thus, the representative sample of steep and/or very steep slope for major subdivisions and/or land developments will be six or more feet of vertical grade change.
(f) 
The mapping by the applicant will be reviewed by the Township Engineer. The applicant will be required to follow all regulations of this article for those areas which reflect steep slope and very steep slope conditions as determined through the Township Engineer's review.
[Amended 8-22-1994 by Ord. No. 543]
A. 
Areas of very steep slope (greater than 25%).
(1) 
Permitted principal uses.
(a) 
Agricultural uses that do not require cultivation or structures.
(b) 
Conservation and recreation uses not requiring structures.
(c) 
Front, rear or side yards of any lot or tract.
(d) 
Structures existing prior to the effective date of this chapter.
(2) 
Uses permitted if a modification is granted pursuant to § 210-43 hereof.
(a) 
Conservation and recreation uses requiring structures.
(b) 
Agricultural structures and cultivation.
(c) 
Utility lines for public utilities such as, but not limited to, water, sewer, gas, telephone, electrical and cable television.
(d) 
Accessory structures to any uses permitted in Subsection A(1) and/or (2)(a), (b) and/or (c) above.
(e) 
Roads and driveways only when no viable alternative alignment or location is feasible, provided that such roads and driveways are aligned predominantly parallel to the contours.
(f) 
Uses permitted in the underlying zoning district.
(3) 
Prohibited uses and activities.
(a) 
Cut and fill, other than in association with any uses related to Subsection A(1) and/or (2) above.
(b) 
Soil, rock and mineral extraction and/or removal, other than in association with any uses related to Subsection A(1) and/or (2) above.
(c) 
Removal of topsoil, other than in association with any uses related to Subsection A(1) and/or (2) above.
(d) 
Stormwater management facilities other than in association with any of the uses related to Subsection A(1) and/or (2) above.
B. 
Areas of steep slope (15% to 25%).
(1) 
Permitted principal uses.
(a) 
Any principal use permitted in Subsection A(1).
(2) 
Use permitted by modification granted pursuant to § 210-43 hereof.
(a) 
Any uses identified in Subsection A(2) and the following:
[1] 
Stormwater management facilities.
[2] 
Sanitary sewers and sewage pumping stations.
[3] 
Accessory uses and structures customarily incidental to the foregoing.
(3) 
Prohibited uses and activities.
(a) 
Cut and fill other than in association with any uses related to Subsection B(1) and/or (2) above.
(b) 
Soil, rock or mineral extraction and/or removal other than in association with any uses related to Subsection B(1) and/or (2) above.
A. 
All applicants for any use of land within the Steep Slope Conservation District shall include the submission of the following materials and information:
(1) 
Plans drawn to a scale of at least one inch equals 50 feet sealed by a registered professional engineer, depicting the following:
(a) 
The location, dimensions and elevation of the property.
(b) 
Existing and proposed uses and development.
(c) 
Existing and proposed contours at five-foot intervals for minor subdivisions or two-foot intervals for major subdivisions or land developments.
(d) 
The location and boundaries of steep slopes and very steep slopes as described in § 210-60C.
(e) 
Typical cross-sections and elevations of the property and proposed structures at intervals prescribed by the Township Engineer.
(f) 
Existing land cover characteristics of that portion of the property within the Steep Slope Conservation District indicating wooded areas, open areas and their ground cover type and any areas with impervious surfaces. The modifications proposed to the existing land cover shall also be indicated.
(g) 
Photographs showing existing uses, vegetation and topography of areas within the Steep Slope Conservation District.
(h) 
A report describing the slope, soil and vegetation characteristics of that portion of the property within the subject district. Such report shall also describe the proposed type and methods of proposed building construction, the type of foundation system(s) to be employed and proposals for landscaping, sewage disposal and water supply. Further, the report shall describe all sediment and erosion control measures to be used as required by Middletown Township, the Department of Environmental Protection and/or the Delaware County Conservation District and any and all additional engineering and conservation techniques designed to alleviate environmental impacts which may be created by proposed development activities.
A. 
In addition to information described in § 210-43, the Township Council shall require a written report addressing the following which, together with the foregoing required information and information required by the said § 210-43, shall be considered by Township Council in rendering its decision on the requested modification.
(1) 
The degree of modification, proposed within the district, to the topographic, soil and vegetation resources and the techniques proposed to mitigate potential adverse environmental impacts.
(2) 
The effect the development of the subject district would have on adjacent properties.
(3) 
The relationship of the proposed uses to the objectives described in § 210-59.
B. 
In addition, the applicant shall have the burden of providing evidence that:
(1) 
The Steep Slope Conservation District is being proposed for development since no other alternative location is feasible or practical.
(2) 
Earthmoving activities and vegetation removal will be conducted only to the extent necessary to accommodate proposed uses and structures and in a manner that will not cause excessive surface water runoff, erosion, sedimentation and unstable soil conditions.
(3) 
Mitigation techniques will be utilized, including but not limited to retaining walls, tree wells, the establishment of ground cover and/or low-spreading shrubs, the use of erosion control fabric and the like. Such techniques shall be evidenced through the submission of plans and construction details which depict, delineate and otherwise describe the land developmental proposal.
(4) 
Proposed buildings and structures will be of sound engineering design and footings will be designed in response to the site's slope, soil and bedrock characteristics. Such design shall be evidenced through the submission of plans and construction details which depict, delineate and otherwise describe the land development proposal.