The purpose of this chapter is to expand upon the community development objects associated with environmental protection and the preservation of natural resources adopted in Article
II of Chapter
172, Zoning. Further, the provisions of this chapter are designed to encourage the sensitive treatment of hillsides and the 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 purpose of this chapter:
A. To conserve and protect slopes from harmful land disturbances such
as excessive grading, landform alteration and extensive vegetation
removal.
B. To avoid potential hazards to property and the destruction of ecological
balance which may be caused by increased runoff, flooding, soil erosion
and sedimentation, blasting and ripping of rock, landslide and soil
failure.
C. To encourage the use of slopes for open space and other uses which
are compatible with the preservation and protection of natural resources.
D. To combine with other zoning requirements, as an overlay of the existing
zoning ordinance as it may be amended from time to time, certain restrictions
for slopes to promote the general health, safety and welfare of the
residents of the Township.
E. To permit only those uses that are compatible with development of
slope areas in order to avoid accelerated erosion, soil failure, accelerated
seepage or other conditions which may create a danger to life and/or
property.
F. To promote the ecological balance among those natural system elements,
such as wildlife, vegetation and aquatic life, that could be adversely
affected by inappropriate development of steep slope areas.
G. To prevent development that would cause excessive erosion and a resultant
reduction in water-carrying capacity of the watercourses which flow
through or around the Township with the consequences of increased
flood crests and flood hazards within the Township and to both upstream
and downstream municipalities.
H. To protect individual and adjacent landowners in the Township and/or
other municipalities from the possible harmful effects of inappropriate
grading and development on steep slope areas.
I. To protect those individuals who choose, despite apparent dangers,
to develop or occupy land with steep slopes.
J. To promote the provision of safe and reliable accessways, parking
areas and utility systems serving development on or around steep slope
areas, where more sensitive grading and siting is essential.
K. Pursuant to the Municipalities Planning Code, 53 P.S. § 10101
et seq., to assist in the implementation of pertinent state laws concerning
erosion and sediment control practices, specifically Chapter 102 of
the Clean Streams Law, P.L. 1978, and any subsequent amendments thereto, and to implement
Article 1, Section 27, of the Constitution of the Commonwealth of
Pennsylvania, which declares the right of the commonwealth's residents
to clean air, pure water and to the preservation of the natural scenic,
historic and aesthetic values of the environment.
As used in this chapter, the following terms shall have the
meanings indicated:
CONSTRUCTION
The erection, addition, alteration, demolition, disturbance
or removal of any building, structure or geographic feature.
DISTURB
To remove, strip, relocate, grade, excavate, cover, fill
or otherwise directly or indirectly alter or destroy existing vegetative
ground cover.
PERMISSIBLE DISTURBED AREA
That area which has been delineated on an approved subdivision,
land development or conditional use plan as being land which may be
disturbed subsequent to the plan approval upon issuance of a soil
erosion and sedimentation control permit.
PERSON
Natural person, partnership, corporation, unincorporated
association or other organization or entity.
STEEP SLOPE AND VERY STEEP SLOPE MEASUREMENT
Steep slopes shall be measured between three consecutive
two-foot contour interval lines. The resultant slope is the ratio
of the change in elevation to the horizontal distance as determined
and measured between the above referenced three consecutive contour
lines.
[Added 9-11-2000 by Ord. No. 2000-7]
WOODED AREA
That area of land on which sufficient tree masses grow such
that the branches of trees intertwine.
No person shall use or alter any land in a Slope Conservation District if the intended use or alteration requires approval as a subdivision or land development conditional use or as a special use under Chapter
148, Subdivision and Land Development, and Chapter
172, Zoning, without first applying for and obtaining approval for such use as provided in §
134-12. After being so approved, no land within a Slope Conservation District shall be used without compliance with such approval and other applicable regulations.
This chapter is not intended to repeal, abrogate or impair any existing zoning or subdivision regulations or land development regulations, easements, covenants or deed restrictions, except that to the extent this chapter imposes greater restrictions, the provisions of this chapter shall prevail. Furthermore, nothing contained in this chapter shall repeal, alter or impair in any way the provisions of Chapter
138, Soil Erosion and Sediment Control; the Pennsylvania Department of Environmental Protection Clean Streams Law, Chapter 102, pertaining to soil erosion control; or any other applicable
Township, county, state or federal laws and regulations.
Where this chapter is applicable as stated in §
134-3, the following uses shall be permitted in Slope Conservation Districts:
A. Areas of very steep slope (25% or greater).
(1) Uses permitted by right:
(a)
Agricultural uses that do not require cultivation, construction
or the use of structures.
(b)
Conservation and recreational uses not requiring construction
or the use of structures, such as parks; hiking and bridle paths,
woodlands; nature sanctuaries, refuge and conservation areas; and,
other such noncommercial conservation and passive recreational activities.
(c)
Utility easements and rights-of-way, including the installation
of underground utilities.
[Amended 11-13-2017 by Ord. No. 2017-01]
(d)
Front, rear and side yard setbacks required by the underlying
zoning district on any lot or tract.
(2) Uses permitted when authorized as a conditional use.
(a)
Conservation and recreational uses, including those requiring
construction or the use of structures.
(b)
Cultivation and agricultural uses, including those requiring
construction or the use of structures.
(c)
Sealed water supply wells.
(d)
Accessory uses and structures customarily incidental to uses described in Subsection
A(1)(a) and
(b) hereof.
(e)
Road or access driveways to provide access to a permitted use
if the Board of Supervisors determines no alternative alignment or
location is feasible.
(f)
Swimming pools.
[Added 9-11-2000 by Ord. No. 2000-7]
(3) Prohibited uses and structures.
(a)
Cut and fill, other than in association with any uses identified in Subsection
A(1) hereof and in Subsection
A(2) when authorized as a conditional use.
(b)
Soil, rock or mineral extraction.
(d)
On-lot sewage disposal systems.
(e)
Road and access driveways, except that roads and access driveways
existing on the date of adoption of this chapter and access driveways
for any lot in a subdivision which was recorded before the adoption
date of this chapter shall be permitted.
(f)
Dumps, junkyards and other outdoor storage of refuse material
and discarded or abandoned vehicles.
(g)
Any use not specifically identified in Subsection
A(1) hereof or in Subsection
A(2) hereof when authorized as a conditional use.
B. Areas of steep slope (15% to less than 25%).
(1) Uses permitted by right in Subsection
A(1) of this section and swimming pools.
[Amended 9-11-2000 by Ord. No. 2000-7]
(2) Uses permitted when authorized as a conditional use.
(a)
Any use or structure identified in Subsection
A(2) hereof.
(b)
Structure permitted in the underlying zoning district.
(c)
Stormwater management facilities.
(d)
Sanitary sewer and sewage pumping stations.
(e)
Accessory uses customarily incidental to any uses described in this subsection; and accessory uses customarily incidental to any uses permitted in Subsection
B(1) hereof.
(f)
Road or access driveways to provide access to a permitted use
if the Board of Supervisors determines no alternative alignment or
location is feasible.
(3) Prohibited uses and structures.
(a)
Cut and fill, other than in association with any uses related to Subsections
B(1) and
(2) hereof.
(b)
Soil, rock and mineral extraction.
(d)
Dumps, junkyards or other outdoor storage of refuse materials
and discarded or abandoned vehicles.
(e)
Any other use(s) or structure(s) not specifically identified in Subsections
B(1) and
(2) hereof.
Where this chapter is applicable as stated in §
134-3, the following shall apply:
A. Permissible disturbed area.
(1) Except as provided in Subsection
B hereof, no person shall directly or indirectly disturb vegetative ground cover on more than the following percentages of each classification of land within the Slope Conservation District of the subdivision, land development or conditional use when taken as a whole:
Slope Classification
|
Maximum Permissible Disturbed Area
|
---|
Steep
|
15%
|
Very steep
|
5%
|
(2) The above-referenced allowable percentages of disturbance do not
apply if the area of steep slope disturbance is less than 500 square
feet or the area of very steep slope disturbance is less than 200
square feet.
[Added 9-11-2000 by Ord. No. 2000-7]
B. The restrictions in Subsection
A hereof shall not apply to disturbances of soil for agricultural or food production purposes.
C. No person shall disturb vegetative ground cover in any Slope Conservation District without first having submitted to the Township and having obtained the Township's approval of a soil erosion and sedimentation control plan which satisfies the requirements of Chapter
138, Soil Erosion and Sediment Control, of this Code. Any person permitted to disturb vegetative ground cover pursuant to this section shall keep the amount of disturbed vegetative ground cover to an absolute minimum, consistent with the objectives of other Township ordinances and regulations.
D. In no event shall the Township give approval to disturb vegetative ground cover in any Slope Conservation District in an amount greater than the percentages set forth in Subsection
A hereof or when located outside the permissible disturbed area.
Where this chapter is applicable as stated in §
134-3, the following shall apply:
A. No person shall undertake grading, disturbing or earthmoving of land
within a very steep slope district except as provided in this chapter.
Grading or earthmoving within the steep slope district shall be permitted,
provided that such grading or earthmoving does not create earthcuts
or fills with a vertical dimension in excess of 10 feet, unless grading
or earthmoving is a necessary element of any approved overall landscape
plan for providing visual screening by earth berms or where it is
required for the construction of retention ponds or similar environmental
protection uses.
B. Finished slopes of all earthmoving shall not exceed a slope of three horizontal to one vertical unless the applicant demonstrates that such slopes can be adequately stabilized and maintained as part of an application filed pursuant to §
134-12.
C. Prior to
construction, suitable fencing must be in place at the limits of disturbance.
[Added 11-13-2017 by Ord.
No. 2017-01]
All uses within the Slope Conservation District shall be subject
to the following:
A. Uses shall be laid out so that the grading, vegetation removal and
other site preparation shall be kept to an absolute minimum.
B. Where grading is essential, shape and grade of the land affected
shall complement the natural landform.
C. Use of any parcel or tract of land shall be conducted in such a manner
that no area in excess of 3,000 square feet shall have disturbed vegetative
ground cover during the period from November 15 to April 1 except
where protective measures including jute matting or other approved
techniques are used as approved by the Township Engineer.
D. All paving shall be completed within 10 working days after grading
is completed, unless it is demonstrated to the satisfaction of the
Township Engineer that such paving cannot practically be completed
in such time, whereupon the Township Engineer shall authorize such
additional period of time for completion of paving as has been demonstrated
to be necessary and reasonable.
E. Land around all structures erected shall be landscaped so as to blend
them with the natural landscape.
F. All reasonable measures to minimize erosion and sedimentation and
to limit increase in stormwater runoff shall be taken.
After approval, no change in ownership or use and no resubdivisions
of land shall increase directly or indirectly the permissible disturbed
area contained within a lot previously approved under provisions of
this chapter. The locations of the permissible disturbed area, if
not already disturbed, may be relocated as an amendment to the original
subdivision, land development or conditional use approval.
The granting of a zoning permit(s), certificate of occupancy
or approval of a subdivision or land development plan for land located
within proximity to a Slope Conservation District shall not constitute
a representation, guaranty or warranty of any kind by the Township
or by any official or employee thereof as to the practicability or
safety of the proposed use and shall create no liability upon or estoppel
of the Township, its officials or employees. The degree of erosion
and sediment control protection intended to be provided by this chapter
was determined to be reasonable for the regulatory purposes of this
chapter and is based upon engineering and scientific methods of study.
This chapter does not imply that areas not included within the Slope
Conservation District boundaries or land uses permitted within such
district shall be free from adverse effects of erosion.
No provision of the zoning, subdivision or any other ordinance
shall be construed as defining any term of this chapter or modifying
any provision hereof; nothing in this provision, however, shall be
construed as limiting the independent effect of any other ordinance
except to the extent provided herein.
In the event that any structure is erected, constructed, reconstructed,
altered, repaired, converted or maintained or any building, structure
or land is used or occupied or any hedge, tree, shrub or other vegetative
growth is maintained in violation of the terms of this chapter or
any regulations made pursuant thereto, the appropriate Township authorities
may, in addition to other remedies provided by law, institute appropriate
action or proceedings in a court of equity in order to prevent such
unlawful activity to restrain, correct or abate such a violation,
to prevent the occupancy of such building, structure or land or to
prevent any illegal act, conditions, business or uses in or about
such premises.