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:
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 construction
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.
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 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.
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.
(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 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.
(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 special exception.
(b)
Soil, rock or mineral extraction, other than in association with any used relating to Subsection
A(1) hereof and in Subsection
A(2) when authorized as a special exception.
(d)
On-lot sewage disposal systems.
(e)
Dumps, junkyards and other outdoor storage of refuse material
and discarded or abandoned vehicles.
(f)
Stormwater management facilities, other than in association with any uses identified in Subsection
A(1) hereof and in Subsection
A(2) when authorized as a special exception.
B. Areas of steep slope (15% to less than 25%).
(2)
Uses permitted when authorized as a special exception.
(a)
Any use or structure identified in Subsection
A(2) hereof.
(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.
(3)
Prohibited uses and structures.
(a)
Cut and fill, other than in association with any uses related to Subsection
B(1) and
(2) hereof.
(b)
Soil, rock and mineral extraction, other than in association with any uses related to Subsection
B(1) and
(2) hereof.
(d)
Dumps, junkyards or other outdoor storage of refuse materials
and discarded or abandoned vehicles.