Article V Natural Resource Protection Standards

All such areas shall not be altered, regraded, filled or built upon except in conformance with § 160-27, Floodplain District, of this chapter. Minor road crossings may be permitted in floodplain soils where design approval is obtained from the municipality and the Pennsylvania Department of Environmental Protection and where no other reasonable access is available. Floodplain soils shall not be used where the one-hundred-year floodplain (with a floodway and flood-fringe) has been delineated.

Studies prepared by a registered engineer or expert in the preparation of hydrological studies may be used to delineate the one-hundred-year floodplain with a floodway and flood-fringe in place of areas designated as floodplain soils and approximate one-hundred-year floodplain. Such hydrological studies shall be subject to the review and approval of the Borough on the recommendation of the Municipal Engineer.

Steep slopes. In areas of steep slopes, the following standards shall apply:

Fifteen percent to 25%: no more than 30% of such areas shall be altered, regraded, cleared or built upon.

Twenty-five percent or steeper: no more than 15% of such areas shall be altered, regraded, cleared or built upon.

Areas of steep slope that are less than 3,000 square feet shall be exempted from these standards.

Woodlands. The following standards shall apply to woodlands:

Woodlands in environmentally sensitive areas. No more than 20% of woodlands located in environmentally sensitive areas shall be altered, regraded, cleared or built upon. Environmentally sensitive areas shall include floodplains, floodplain soils, steep slopes, wetlands and lake or pond shorelines.

Other woodland areas. No more than 50% of woodlands which are not located in environmentally sensitive areas [as defined in Subsection D(1) above] shall be altered, regraded, cleared or built upon.

Tree protection zone. Such areas shall not be altered, regraded, compacted or built upon nor used for storage or parking of vehicles.

Watercourses. Such areas shall not be altered, regraded, filled, piped, diverted or built upon except where design approval is obtained from the municipality and, if required, the Pennsylvania Department of Environmental Protection.

Wetlands. Such areas shall not be altered, regraded, filled, piped, diverted or built upon except where state and federal permits have been obtained.

Delineation.

Wetlands boundaries shall be delineated through an on-site assessment which shall be conducted by a professional soil scientist or others of demonstrated qualifications. Such a person shall certify that the methods used correctly reflect currently accepted technical concepts, including the presence of wetlands vegetation, hydric soils and/or hydrologic indicators. A study shall be submitted with sufficient detail to allow a thorough review by the Borough. The study must be approved by the Borough on the recommendation of the Municipal Engineer.

In the event that a wetlands delineation validated by the United States Army Corps of Engineers is shown to vary from the wetlands boundary derived from Subsection G(1)(a) above, the Corps delineation will govern.

§ 160-26 Application of natural resource protection standards.

Federal and state regulations. In addition to the requirements above, any applicant proposing a use, activity or improvement which would entail the regrading or placement of fill in wetlands shall provide the municipality with proof that the Pennsylvania Department of Environmental Protection (Bureau of Dams and Waterway Safety and Bureau of Water Quality Management) and the United States Army Corps of Engineers have been contacted to determine the applicability of state and federal wetland regulations.

Lakes and ponds. Such areas shall not be altered, regraded, filled, piped, diverted or built upon.

Lake and pond shorelines. For the purposes of this chapter, lake and pond shorelines shall be measured 100 feet from the spillway crest elevation. No more than 20% of such areas shall be altered, regraded, filled or built upon.

Plan information. In order to meet the natural resource protection standards of § 160-25 of this chapter, the following information is required to be provided with an application for a subdivision or land development plan and/or a zoning permit.

A site plan which illustrates all natural resources on the site and the proposed use on the site.

All encroachments and disturbances necessary to establish the proposed use on the site.

Calculations which indicate the area of the site with natural resources and the area of natural resources that would be disturbed or encroached upon.

Building envelope. The building envelope is that area of a lot that has no development restrictions. The building envelope shall not include the area of any required setbacks (except for driveways which would cross yards), buffer yards, natural features with a one-hundred-percent protection standard and the portion of those natural features that may not be developed or intruded upon as specified in § 160-25 of this chapter. The purpose of the identification of a building envelope is to provide sufficient area for the general location of the building, driveway, patio, other improvements and site alterations while meeting the natural resources protection standards and minimum setback requirements of this chapter.

Deed restrictions. For subdivision and land development plans, restrictions meeting municipal specifications must be placed in the deed for each site or lot that has natural resource protection areas within its boundaries. The restrictions shall provide for the continuance of the resource protection areas in accordance with the provisions of this chapter. Natural resource protection areas may be held as common open space in accordance with the requirements of § 135-43 of Chapter 135, Subdivision and Land Development, or in the ownership of individual property owners. For this latter form of ownership, it shall be clearly stated in the individual deeds that the maintenance responsibility lies with the individual property owner.

For uses with on-lot sewage systems. An area 3,000 square feet or larger, in addition to the building envelope specified in Subsection B above, shall be identified for the location of the sewage system. Such additional area shall not include natural features with a one-hundred-percent protection standard and the portion of those natural features that may not be developed or intruded upon as specified in § 160-25.

Calculation of natural resources.

Base site area. Calculate the base site area. From the total site area, subtract future road rights-of-way; existing utility rights-of-way; land which is not contiguous or which is separated from the parcel by a road, railroad or major stream; or land shown on previous subdivision or land development plans as reserved for open space.

	Total site area		________ acres
		-	________ acres
	Base site area	=	________ acres

Land with resource restrictions and resource protection land. Calculate the land with resource restrictions and the resource protection land. In the event that two or more resources overlap, only the resource with the highest open space percentage shall be used in the calculations.

[Amended 7-7-1997 by Ord. No. 604]

Resource		Open Space Percentage	Acres of Land in Resources	Resource Protection Land	Acres of Land to be Disturbed
Floodplains		100%
Floodplain soils		100%
Steep slopes:
	15% to 25%	70%
	25% or more	85%
Woodlands:
	Environmentally sensitive	80%
	Other	50%
Lakes or ponds		100%
Watercourses or streams		100%
Wetlands		100%
Lake or pond shorelines		80%
Land with resource restrictions			________ acres
Resource protection land				________ acres
Acres of land to be disturbed					________ acres

Number of dwelling units/lots: calculate the maximum number of dwelling units.

Base site area		________ acres
Multiply by maximum density	x	________
Number of dwelling units	=	________¹ dwelling units

	NOTES:
	¹	Round up if fraction is equal to or greater than 0.5; round down if less than 0.5.

§ 160-27 Floodplain District.

Declaration of legislative intent. In addition to the purpose and statement of community development objectives found in §§ 160-5 and 160-6 of this chapter, the specific intent of this district shall be to protect areas of floodplain, subject to and necessary for the containment of floodwaters, and to permit and encourage the retention of open space land uses which will be so located and utilized as to constitute a harmonious and appropriate aspect of the continuing physical development of Sellersville Borough. Furthermore, in light of the Borough's certification as eligible for federal flood insurance, it is the intent of this district to provide adequate protection for flood-prone properties within Sellersville Borough. In advancing these principles and the general purpose of this chapter and the Comprehensive Plan, the following shall be the specific objectives of the Floodplain District:

To combine with present zoning requirements certain restrictions made necessary for flood-prone areas to promote the general health, welfare and safety of the Borough.

To prevent the erection of structures in areas unfit for human usage by reason of danger from flooding, unsanitary conditions or other hazards.

To minimize danger to public health by protecting the quality and quantity of surface and subsurface water supplies adjacent to and underlying flood hazard areas and promoting safe and sanitary drainage.

To permit only those uses which can be appropriately located in the floodplain as herein defined and which will not impede the flow or storage of floodwaters or otherwise cause danger to life and property at, above or below their locations along the floodplain.

(5)

To protect those individuals who might choose, despite the flood dangers, to develop or occupy land on a floodplain.

(6)

To protect adjacent landowners and those both upstream and downstream from damages resulting from development within a floodplain and the consequent obstruction or increase in flow of floodwaters.

(7)

To protect the entire Borough from individual uses of land which may have the effect upon subsequent expenditures for public works and disaster relief and adversely affect the economic well-being of the Borough.

(8)

To maintain, undisturbed, the ecological balance between those natural system elements, including wildlife, vegetation and marine life, dependent upon watercourses and water areas.

(9)

To protect other municipalities within the same watershed from the impact of improper development and the consequent increased potential for flooding.

(10)

To provide areas for the deposition of flood-borne sediment.

(11)

To require that uses vulnerable to floods be developed so as to be protected from flood damage in accordance with the requirements of the Federal Flood Insurance Program, P.L. 93-243.

Definition and establishment of Floodplain District.

The "Floodplain District" is defined and established as those areas of the Borough subject to flooding, as defined in Subsection B(1)(a) of this section. The most extensive of these areas described in the following sources shall determine the outermost boundary of the Floodplain District. Those areas subject to inundation by the waters of the one-hundred-year flood, as delineated in the Flood Insurance Study, dated August 1977 (or any amendments thereto), for the Borough of Sellersville, Bucks County, Pennsylvania, as prepared by the United States Department of Housing and Urban Development, Federal Insurance Administration. Said floodplains shall be comprised of two subdistricts, as follows:

Floodway (F1). The floodway is the channel of a stream, plus any adjacent floodplain areas, that must be kept free of encroachment in order that the one-hundred-year flood can be carried without substantial increases in flood heights.

Floodway fringe (F2). The area between the floodway and the boundary of the one-hundred-year flood. The floodway fringe encompasses the portion of the floodplain that could be completely obstructed without increasing the water surface elevation at any point more than one foot above existing conditions, as demonstrated in the Flood Insurance Study referenced above.

The Floodplain District shall be delineated on the Map of Zoning Districts of Sellersville Borough, which is hereby made a part of this chapter and is available for inspection at the Borough office.[1]

[1]

Editor's Note: The Zoning Map is included at the end of this chapter.

Any change in the Floodplain District, as from time to time may be determined to be proper hereunder, shall be forthwith reflected on said map.

Studies used to establish the floodplain boundaries shall be available in the Borough office for reference.

Overlay concept. The Floodplain District shall be deemed an overlay on any zoning district now or hereafter applicable to any lot.

Should the Floodplain District be declared inapplicable to any tract by reason of action of the Borough Council in amending this chapter or the Zoning Hearing Board or any court of competent jurisdiction in interpreting the same, the zoning applicable to such lot shall be deemed to be the district in which it is located without consideration of this district.

Should the zoning of any parcel or any part thereof in which the Floodplain District is located be changed through any legislative or administrative actions or judicial discretion, such change shall have no effect on the Floodplain District, unless such change was included as part of the original application.

Permitted uses.

The following uses and no other will be permitted in a Floodplain District:

Cultivation and harvesting of crops in accordance with the recognized soil conservation practices.

Pasture and grazing land in accordance with recognized soil conservation practices.

(c)

Outdoor plant nursery or orchard in accordance with recognized soil conservation practices.

(d)

Wildlife sanctuary, woodland preserve, arboretum; and passive recreation or parks, including hiking, bicycle and bridle trails, but including no facilities subject to damage by flooding.

(e)

Forestry, lumbering and forestation in accordance with recognized natural resource conservation practices; but no structures are permitted.

(f)

Utility transmission lines.

(g)

Sealed public water supply wells with approval of proper state agencies.

(h)

Sanitary sewers with approval of proper state agencies.

(i)

Front, side or rear yards and required lot area for any district.

No construction, development, use or activity shall be allowed within any floodway area that would cause any increase in the one-hundred-year flood elevation.

The following uses shall be specifically prohibited in a Floodplain District:

All freestanding structures, buildings, manufactured homes and retaining walls, with the exception of flood retention dams, culverts and bridges, as approved by the Pennsylvania Department of Environmental Protection.

The relocation of any watercourse without approval by the Borough Council of Sellersville Borough, which shall first have received the recommendation of the Borough Planning Commission and the Soil Conservation Service, United States Department of Agriculture, thereon, and the approval of the Pennsylvania Department of Environmental Protection. In addition, all adjacent communities and the Bureau of Community Affairs shall be notified prior to the alteration or relocation of a watercourse. Copies of such notification shall be sent to the Federal Insurance Administrator. The flood-carrying capacity within the altered or relocated portion shall be maintained.

(c)

Sanitary landfills, dumps, junkyards and outdoor storage of vehicles and materials.

(d)

On-site sewage disposal systems.

(e)

Private water supply wells.

(f)

Paved or all-weather parking lots.

(g)

Act 166 regulated activities:

[1]

Identification. In accordance with the administrative regulations promulgated by the Department of Community Affairs to implement the Pennsylvania Floodplain Management Act (Act 166 of 1978[2]), the following activities have been identified as being dangerous to human life or posing a special hazard in floodplain areas:

[a]

Any new or substantially improved structure which will be used for the production or storage of any of the following dangerous materials or substances or which will be used for any activity requiring the maintenance of a supply (more than 550 gallons or other comparable volume or any amount of radioactive substances) of any of the following dangerous materials or substances on the premises:

	Acetone
	Ammonia
	Calcium carbide
	Benzene
	Carbon disulfide
	Celluloid
	Chlorine
	Hydrochloric acid
	Hydrocyanic acid
	Magnesium
	Nitric acid and oxides of nitrogen
	Petroleum products (gasoline, fuel oil, etc.)
	Phosphorus
	Potassium
	Sodium
	Sulfur and sulfur products
	Pesticides, including insecticides, fungicides and rodenticides
	Radioactive substances, insofar as such substances are not otherwise regulated

[b]

The construction, enlargement or expansion of any structure used or intended to be used for any of the following:

[c]

Hospital (public or private).

[d]

Nursing homes (public or private).

[e]

Jails or prisons.

[f]

The commencement of or any construction of a new manufactured home park or manufactured home subdivision or substantial improvement to an existing manufactured home park or manufactured home subdivision.

[2]

Editor's Note: See 32 P.S. § 679.101 et seq.

[2]

Floodplain restrictions. Within any identified floodplain area, the activities described in Subsections D(3)(g)[1] above shall be prohibited, and no variance shall be granted.

Application procedures.

An application for a zoning permit shall be filed with the Zoning Officer, who shall make an initial determination on the application. For a use other than those permitted in Subsection D, Permitted uses, an application seeking approval of a variance shall be forwarded to the Zoning Hearing Board, along with the required studies of information and the findings of the Zoning Officer.

The application for a variance shall be accompanied by the following:

Detailed engineering studies indicating the effects of the proposed use on drainage and streams on all adjacent properties as well as the property in question.

An application to the Borough Council for amending the boundaries of the floodplain district if the boundaries will be affected by the proposed variance.

Procedures for consideration of a variance. All applications for approval of variances shall be considered using standards listed in Subsection G, Standards for granting of variances.

The Zoning Hearing Board shall request the review and recommendations of the Soil Conservation Service at least 30 days prior to a public hearing.

The Zoning Hearing Board shall request, at least 30 days prior to a public hearing, the review and recommendations of the Sellersville Borough Planning Commission and the Borough's Engineer.

The Zoning Hearing Board shall request, at least 30 days prior to a public hearing, the review and recommendations of technical agencies or other planning agencies to assist in determining the impact of the proposed use.

In rendering a decision, the Zoning Hearing Board may impose special measures or conditions as deemed necessary and appropriate for the use to conform with the intent of the chapter.

Standards for granting of variances. The Zoning Hearing Board shall exercise discretion in allowing only those uses which are substantially in accordance with the stated objectives in Subsection A, Declaration of legislative intent, herein. The Zoning Hearing Board, in considering variance applications, shall consider the following:

The effect of the use shall not substantially alter the cross-section profile of the stream and floodplains at the location of the proposed use.

Lands abutting the waterway, both upstream and downstream, shall not be unreasonably affected by the proposed use.

The general welfare or public interest of Sellersville Borough or of other municipalities in the same watershed shall not be adversely affected.

No variance shall be granted that would allow any of the development specifically prohibited by Subsection D(3)(g).

(5)

Any new structures (including any additions or improvements to an existing structure) permitted by variance shall be constructed and placed on the lot so as to offer the minimum obstruction to the flow and height of floodwaters. Such new or improved structures shall be designed and built in accordance with the provisions contained in the Sellersville Borough Building Code, as amended,[3] and any other applicable ordinance, code or regulations.

[3]

Editor's Note: See Ch. 58, Building Construction, Art. III.

(6)

An affirmative decision shall not be issued by the Zoning Hearing Board for any proposed construction or development within the floodway area that would cause any increase in the one-hundred-year-flood elevation.

(7)

If it should become necessary to grant a variance allowing a structure (including any additions or improvements to an existing structure) that would not be elevated or floodproofed as required by the Sellersville Borough Building Code, the Zoning Hearing Board shall notify the applicant, in writing, that the granting of the variance may result in increased premium rates for flood insurance and that such construction may increase risks to life and property.

(8)

The Zoning Hearing Board shall maintain a record of all decisions, including justification for its issuance, and report such decisions issued in an annual report submitted to the Federal Insurance Administration.

(9)

The Zoning Hearing Board, after deciding upon the merits of the application, may permit the applicant to make some reasonable use of the property in question, while ensuring that such use will not violate the basic objectives of this district as specified in Subsection A herein.

(10)

In considering a use as a variance, the Zoning Hearing Board shall consider those standards outlined above.

(11)

Requests for variances shall be considered by the Zoning Hearing Board in accordance with the following:

Affirmative decisions shall only be issued by the Zoning Hearing Board upon a showing of good and sufficient cause; a determination that failure to grant the appeal would result in exceptional hardship to the applicant; and a determination that the granting of an appeal will not result in increased flood heights, additional threats to public safety or extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances.

Affirmative decisions shall only be issued upon determination that it is the minimum necessary, considering the flood hazard, to provide relief.

Boundary disputes and appeals procedure.

In case of any dispute concerning the boundaries of a Floodplain District, initial determination shall be made by the Borough Engineer.

Any party aggrieved by the decision of the Borough Engineer as to the boundaries of the Floodplain District as defined above, which may include the grounds that said map referred to therein is or has become incorrect because of changes due to natural or other causes or corrections indicated by additional detailed hydrologic and hydraulic studies, may appeal to the Zoning Hearing Board as provided in Article XII of this chapter and Subsections E, F and G herein. The burden of proof in such an appeal shall be on the applicant.

Insofar as various natural conditions, including the Floodplain District as herein defined, may change, such changes may be validated by detailed on-site survey techniques approved by the United States Army Corps of Engineers. Whether a proposed use is within the Floodplain District shown on the Map of Zoning Districts shall, upon appeal from the decision of the Borough Engineer, be determined by the Zoning Hearing Board, upon receipt of the findings of the detailed on-site survey by the petitioner. The Zoning Hearing Board, in addition to other evidence and standards, may consider the recommendations of the Borough Planning Commission and the validation of the United States Army Corps of Engineers and/or other governmental agencies.