[Added 6-21-2012 by Ord. No. 1094[1]]
[1]
Editor's Note: This ordinance also provided for the deletion
of former § 257-16, Steep slopes, which as an amendment
to Ord. No. 495 was previously repealed on 12-15-2011 by Ord. No.
1091.
The purpose of this article is to expand upon the community
development objectives associated with environmental protection. Further,
the provisions of this article 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 article.
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 Borough.
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 Borough with the consequences of increased flood
crests and flood hazards within the Borough and to both upstream and
downstream municipalities.
H.
To protect individual and adjacent landowners in the Borough 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 slopes
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 article, the following terms shall have the
meanings indicated:
The erection, addition, alteration, demolition, disturbance
or removal of any building, structure or geographic feature.
To remove, strip, relocate, grade, excavate, cover, fill
or otherwise directly or indirectly alter or destroy existing vegetative
ground cover.
That area which has been delineated on an approved construction
plan as being land which may be disturbed subsequent to the plan approval
upon issuance of a soil erosion and sedimentation control permit.
Natural person, partnership, corporation, unincorporated
association or other organization or entity.
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 except in compliance with the requirements of this article.
This article 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 article imposes greater restrictions, the provisions of this article shall prevail. Furthermore, nothing contained in this article shall repeal, alter or impair in any way the provisions of Chapter 251, Stormwater Management.
A.
The Slope Conservation District shall be comprised of areas of steep
and very steep slopes as described in a topographic survey using elevation
and distance based on an actual field survey by a registered engineer
or surveyor and presented on a plan showing two-foot contour intervals
with a horizontal scale of no more than 50 feet per inch. Such a topographic
survey shall be required of any application for construction of a
building or addition with a building footprint of 150 square feet
in area.
B.
The steep slope areas shall be comprised of areas with a slope of
15% or more but less than 25% as based on a site survey, where such
slope exists for five contiguous contour intervals in any continuous
horizontal distance of 50 feet based on a topographic survey showing
two-foot contours (i.e., a difference of elevation over 7 1/2
vertical feet but less than 12 1/2 vertical feet over a distance
of 50 horizontal feet).
C.
The very steep slope areas shall be comprised of areas with slopes
of 25% or greater, where such slope exists for five contiguous contour
intervals in any continuous horizontal distance of 50 feet based on
a topographic survey showing two-foot contours (i.e., a difference
in elevation of 12.5 vertical feet or greater over a distance of 50
horizontal feet).
D.
The Slope Conservation District Map shall be considered an overlay
to the Borough Zoning Map. The following provisions shall apply in
a Slope Conservation District:
(1)
The district will have no effect on the permitted uses within the underlying zoning district, except where such uses are intended to be located within the boundaries of the Slope Conservation District, are in conflict with the use regulations set forth in § 311-159, Permitted uses, in which case the latter shall apply.
(2)
Should the Slope Conservation District boundaries be revised
as a result of a legislative action or judicial decision, thereby
removing lands from such district, the zoning requirements applicable
to the land in question shall revert to the requirements of the underlying
zoning district(s) without regard to the provisions of this article.
(3)
Should the zoning classification(s) of any parcel or any part
thereof within which the Slope Conservation District is an overlay
be changed as a result of legislative action or judicial decision,
such change(s) in classification shall have no effect on the boundaries
of the Slope Conservation District.
A.
Any application for construction in a Slope Conservation District
shall include a contour map with two-foot contour intervals on a horizontal
scale of no more than 50 feet to the inch. The map shall separately
delineate slopes less than 15%, between 15% and less than 25%, and
slopes greater than or equal to 25%. The contour information on such
map shall be derived from actual field topographic surveys which shall
be referenced in the application.
The following uses shall be permitted in Slope Conservation
Districts:
A.
Areas of very steep slopes (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.
(d)
Yard setbacks required in the underlying zoning district, provided
that no earthmoving activities occurs within the Slope Conservation
District in connection with grading or construction activities for
structures located outside the Slope Conservation District.
(2)
Uses permitted when authorized as a special exception.
(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.
(e)
Road or access driveways to provide access to a permitted use
if the Zoning Hearing Board determines no alternative alignment or
location is feasible.
(f)
Front, rear and side yard setbacks required by the underlying
zoning district on any lot or tract where grading or construction
activities for structures located outside the Slope Conservation District
is necessary.
B.
Areas of steep slope (15% to less than 25%).
(1)
Uses permitted by right in § 311-159A(1) of this article.
(2)
Uses permitted when authorized as a special exception.
(b)
Sanitary sewer and sewage pumping stations.
(c)
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.
(d)
Road or access driveways to provide access to a permitted use
if the Zoning Hearing Board determines no alternative alignment or
location is feasible.
A.
Permissible disturbed area. 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 property for which zoning relief or approvals as a special exception are required when taken as a whole:
Slope Classification
|
Maximum Permissible Disturbance Area
| |
---|---|---|
Very steep slope
|
5%
| |
Steep slope
|
15%
|
The above-referenced allowable percentages of disturbance do
not apply if the area of steep slope disturbance is less than 300
square feet or the area of very steep slope disturbance is less than
100 square feet.
|
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 Borough and having obtained the Borough's approval of a soil erosion and sedimentation control plan which satisfies the requirements of Chapter 251, Stormwater Management, 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 Borough ordinances and regulations.
A.
No person shall undertake grading, disturbing or earthmoving of land
within a very steep slope district except as provided in this article.
Grading or earthmoving within a steep slope district shall be permitted,
provided that such grading or earthmoving does not create earth cuts
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.
A.
All applications for approval for use of land which is included in
whole or in part within the Slope Conservation District pursuant to
this article shall include submission of the following materials and
information:
B.
The following additional information shall be submitted as deemed
necessary by the Borough Zoning Officer or the Borough Engineer for
the evaluation of the impact of the proposal:
(1)
Typical cross-sections and elevations of the property and proposed
structures at intervals described on a horizontal scale of 50 feet
per inch and a vertical scale of five feet per inch.
(2)
A description of existing land cover characteristics of that
portion of the property within the Slope Conservation District; such
description shall indicate wooded areas, open non-wooded areas and
the ground cover type in any areas with impervious surfaces. Proposed
modifications to existing land cover shall also be indicated.
(3)
Soil types of the land to be used for those portions of the
land included within the Slope Conservation District; soil types shall
be further qualified relative to the subsurface horizons of the soil.
The applicant may be required to consult the United States Soil Conservation
Service for its comments and submittal to the Borough.
(4)
Photographs showing existing uses, vegetation and topography
of areas within the Slope Conservation District.
(5)
A report describing the slope, soil and vegetation characteristics
of that portion of the property within the district. Such report shall
also describe the proposed type and method of proposed construction,
the type of foundation systems to be employed, the proposals for landscaping,
sewage disposal and water supply. Further, the report shall describe
all sediment and soil control and stormwater management measures to
be used as required by the Borough, the United States Soil Conservation
District and the Pennsylvania Department of Environmental Resources
and any and all additional engineering and conservation techniques
designed to alleviate environmental impacts which may be created by
proposed development activities.
(6)
Such information as may be sufficient to meet the information
needs of the Borough of uses and slopes within 200 feet adjoining
the property involved, as well as sufficient information to evaluate
the integration of usage(s) within the Slope Conservation District
with the underlying zoning district.
A.
B.
No special exception for a structure or use of land in a Slope Conservation
District shall be granted unless it has been demonstrated by the applicant
that:
(1)
The proposed use or structure is of proper engineering design
and that the footings are designed to extend to stable soil and/or
bedrock.
(2)
Proposed on-lot sewage disposal facilities shall be designed
and installed in conformance with all pertinent standards of the Borough
and of the Department of Environmental Resources.
(3)
Proposed nonagricultural displacement of soil shall be undertaken
only for purposes consistent with the goals and objectives of this
article and shall be executed in a manner that shall not cause excessive
erosion or create other unstable conditions.
(4)
Surface runoff of water shall not create unstable conditions,
including erosion. Stormwater drainage facilities and/or systems shall
be constructed where the proposed use shall or is likely to create
conditions requiring such facilities.
(5)
No other alternative location is feasible or practical for the
proposed use.
(6)
Earthmoving activities and vegetation removal shall be conducted
only to the extent necessary to accommodate the proposed uses and
structures and in the manner that shall limit as far as practical
surface runoff, erosion or sedimentation or unstable soil conditions.
Any and all reasonable mitigation techniques and procedures shall
be utilized.