[Ord. No. 196-2018, 9/12/2018]
In accordance with the planning goals of the Honey Brook Township
and Borough Multi-Municipal Comprehensive Plan and the purpose statements
and community development objectives set forth in Article I of this
Chapter, this Part establishes natural resources protection standards
for Honey Brook Township. The regulations set forth herein are intended
to achieve the following specific purposes:
A.
To provide appropriate levels of protection to those natural features
within the Township that represent significant resource opportunities
to the Township and its surrounding region;
B.
To provide appropriate levels of protection to those natural features
within the Township when subject to undue disturbance, may constitute
threats to public health, safety, and welfare.
C.
It shall be a violation of this Part to regrade, fill, pipe, divert,
channel, build upon, or otherwise alter or disturb a natural resource
protected by this Part prior to the submission, review, and approval
of an applicable application for zoning or building permit(s), conditional
use or special exception approval, zoning variance, or subdivision
or land development plan(s).
A.
Statement of Intent. The purposes of the FH — Flood Hazard
District are:
(1)
Protect individuals from investing in lands and structures which
are unsuitable for most uses because of flood hazards.
(2)
Regulate development which will cause unacceptable increases
in flood heights, velocities, and frequencies.
(3)
Restrict or prohibit certain uses susceptible to flood damage.
(4)
Protect aquifer recharge areas and such other areas of the Township
sensitive to pollution and contamination.
(5)
Require all uses which do occur in floodplains to be protected
against flooding and to be provided with all necessary access and
utilities, which shall also be protected from flood damage.
(6)
Minimize danger to public health and safety by protecting water
supply, sanitary sewage disposal, and natural drainage.
(7)
Protect the quantity and quality of surface and subsurface water
supplies adjacent to and underlying floodplain areas.
(9)
Maintain the scenic and aesthetic character of the streams and
stream valleys, consistent with the goals of the Honey Brook Township
and Borough Multi-Municipal Comprehensive Plan.
B.
Lands In District Defined. The FH — Flood Hazard District shall be defined as all areas identified as the "Identified Floodplain Area" in Chapter 8, Part 1, Floodplain Management Regulations, of this Code. A map depicting the approximate location of the FH — Flood Hazard District is attached hereto as Appendix B; such map is not conclusive as to the location of the FH District but is intended as a general guidance document.
D.
Relationship to Other Parts and Ordinances. The provisions of the
FH — Flood Hazard District create an overlay district which
is applicable within all other zoning districts established by this
Chapter. To the extent the provisions of this Section are applicable
and more restrictive, they shall supersede conflicting provisions
in any other part of this Chapter and all other ordinances of the
Township. However, all other provisions of this Chapter and all other
ordinances of Township shall remain in full force.
E.
Uses Permitted by Right. The following uses are permitted by right in the FH — Flood Hazard District only if conducted under and in accordance with the provisions of the Clean Streams Law of Pennsylvania, Act 394 of 1937, as amended, 35 P.S. § 691.1 et seq.; the rules and regulations of the Pennsylvania Department of Environmental Protection; the standards and requirements of the Chester County Conservation District; and all other applicable provisions of this Chapter; and are subject to any limitations or restrictions imposed by the Township's Floodplain Management Regulations contained in Chapter 8, Part 1 of this Code of Ordinances.
(1)
Agricultural, horticultural, and forestry uses, excluding any
structures, and excluding any grading or filling.
(2)
Public and private parks and/or recreation areas, excluding
swimming pools, camp grounds, and any structures. Picnic tables, park
benches, fireplaces, grills, and playground equipment shall be permitted,
if anchored to prevent flotation.
(3)
Activities related to the preservation and conservation of natural
resources and amenities, excluding any structures.
(4)
Stream improvements, fish and farm ponds, dams, or stream relocations,
as approved by the Pennsylvania Department of Environmental Protection
and, as appropriate, in consultation with the Pennsylvania Fish and
Boat Commission and/or the U.S. Fish and Wildlife Service.
(5)
Erosion and sedimentation control measures, facilities, and
structures, provided no increase in flood heights or frequency, unhealthful
ponding, or other unsanitary conditions shall occur.
(6)
Yards and open space areas.
(7)
One and two strand fences.
(8)
Culverts, bridges, and the approaches to such culverts and bridges,
as also approved by the Pennsylvania Department of Environmental Protection
and/or the U.S. Army Corps of Engineers.
(9)
Driveways and common driveways for residential uses when approved
by the Township Engineer.
(10)
Subsurface sanitary and storm sewers and utility crossings for
not more than five residential lots or not more than one commercial/industrial
lot when approved by the Township Engineer.
F.
Uses Permitted by Special Exception. The establishment and/or expansion of the following uses is permitted when a special exception is granted by the Zoning Hearing Board in conformance with Part 14, the standards in Subsection I of this Part, the standards of Chapter 8, Part 1 of this Code of Ordinances, and all other applicable provisions of this Chapter.
(1)
Water-oriented uses and structures, such as fish hatcheries,
water monitoring devices, water wheels, and weirs.
(2)
Parking lots, loading areas, driveways and any other paved at-grade
surfaces not exempted under Subsection E(9) above.
(3)
Floodproofing and flood hazard reduction structures for nonconforming
uses and structures.
(4)
Improvements and/or additions to existing structures within
the FH — Flood Hazard District.
(5)
Hydropower plants.
(6)
Fire protection facilities for the purpose of collecting and
storing water for fire protection purposes.
(7)
Subsurface sanitary and storm sewers and utility crossings not
exempted under Subsection E(10) above.
G.
Uses and Activities Specifically Prohibited in the FH — Flood Hazard District. Any development, use or activity not authorized as a permitted use under the terms of Subsections E and F above shall be prohibited within the Flood Hazard District. In particular, the following activities, whether proposed in conjunction with a permitted use or otherwise, shall not occur in any portion of the Flood Hazard District:
(1)
Clear-cutting of trees, as defined in Part 2, or the clearing
of vegetation, except where such clearing is necessary:
(a)
To prepare land for a use permitted by Subsection E or F above,
or by action of the Zoning Hearing Board.
(b)
As a reforestation measure.
(c)
As a means to eliminate dead, diseased, or hazardous tree stands. Where a clear-cutting operation is deemed permissible for one of the above reasons, it shall be consistent with the terms of a timber harvesting plan prepared consistent with the requirements of § 27-1029 and approved by the Board of Supervisors. Under no circumstances shall a clear-cutting operation be conducted within 25 feet of a stream bank.
(2)
Sod farming.
(3)
Sanitary landfills and junkyards.
(4)
Private on-site sewage disposal systems.
(5)
Swimming pools.
(6)
Cemeteries.
(7)
The construction, enlargement, or expansion of public or private
hospitals or nursing homes.
(8)
The construction, enlargement, or expansion of jails or prisons.
(9)
The construction, enlargement, expansion or substantial improvement
of a mobile home, mobile home park, mobile home subdivision, manufactured
home, manufactured home park, or manufactured home subdivision.
(10)
Concentrated animal feeding operations or similar feed lots.
(11)
Dead animal composting facilities.
(12)
Wild, domestic, or farm animal enclosures which will not allow
all animals to escape floodwaters without human assistance.
(13)
Any development or use which may, whether alone or in combination
with others, create the following conditions and except where specifically
authorized elsewhere in this Part:
(a)
Endanger human life.
(b)
Obstruct, impede, retard, change, or increase the velocity,
direction, or flow of floodwaters.
(c)
Increase the surface elevation of 100-year floods, or the frequency
of 100-year floods on adjacent properties.
(d)
Catch or collect debris carried by floodwaters.
(e)
Be placed within the delineated FEMA floodway portion of the
FH — Flood Hazard District.
(f)
Degrade the water-carrying capacity of any watercourse, channel,
or floodplain.
(g)
Increase the rate of erosion or sedimentation.
(h)
Degrade the quality of surface water or the quality or quantity
of groundwater.
(i)
Be susceptible to flotation and subsequent movement which would
cause damage to other property.
(j)
Create unhealthful ponding or other unsanitary condition.
(14)
Any surface or subsurface production or storage of any materials
or substances deemed hazardous by the Township or appropriate state
or federal agency.
(15)
Storage of any material which, if inundated, would float, or
of any flammable or toxic material or any other material which, if
inundated or otherwise released to the stream, would degrade or pollute
the stream or cause damage if swept downstream.
(16)
The placing or stripping of topsoil or fill material of any
kind, exclusive of grading or filling necessary for the construction
of a structure for which a building permit and other valid authorization
has been issued, or for creation of a sediment basin or conversion
of a sediment basin to a stormwater detention facility as defined
in Subsection E(5) above.
(17)
No special exception or variance shall be granted by the Zoning
Hearing Board for any requirement pertaining to developments which
may endanger human life (as described in Subsection G(7), (8), (9),
or (15), above) in accordance with the Pennsylvania Floodplain Management
Act, P.L. 851, No. 166 of 1978, as amended, 32 P.S. § 679.101
et seq.
H.
Nonconforming Uses and Structures.
(1)
Continuation. All development, uses or structures existing in the FH — Flood Hazard District on the effective date of this Chapter which are not in conformity with the provisions of this Part shall be deemed nonconforming uses or structures. Such nonconforming uses or structures may be continued, maintained, repaired, and floodproofed, except as otherwise provided for in this Part or as prohibited by Chapter 8, Part 1 of this Code of Ordinances. However, such nonconforming uses or structures may at any time be required to comply with existing federal, state, or Township health, sanitary, or safety code specifications which are necessary solely to assure safe living conditions.
(2)
Abandonment. Nonconforming uses or structures within the FH — Flood Hazard District shall be subject to Part 11 of this Chapter. Additionally, the Zoning Officer, upon approval of the Board of Supervisors, may require the removal of any abandoned nonconforming use or structure upon proper notice to the owner of the property on which an abandoned nonconforming use or structure exists. Abandonment shall be deemed to be as prescribed in § 27-1104 of this Chapter. If the owner has not completely removed the abandoned use or structure within a reasonable amount of time, not to exceed nine months, the Zoning Officer shall have the authority to cause the removal to be accomplished, with the costs of such removal to be paid by the property owner.
(3)
Expansion and Modification. No nonconforming use or structure
shall be expanded, enlarged, or altered in any way which increases
its nonconformity with respect to height, area, yard, and other requirements
established in this Chapter, or in any way which causes it to occupy
more space within the FH — Flood Hazard District than was occupied
by it on the effective date of this Chapter.
(4)
Replacement and Rebuilding. All replacement, repairs, or rebuilds of structures which are nonconforming with regard to any portion of this § 27-802 shall be done in full compliance with the Floodplain Management Regulations in Chapter 8, Part 1 of this Code of Ordinance. The nonconformity of the new structure with respect to requirements as expressed in provisions of this Chapter shall not exceed that of the original structure which was damaged or destroyed. Nothing shall be done which would otherwise violate any of the provisions of this Part.
I.
Standards for Review of Conditional Use, Special Exception or Variance
Applications.
(1)
General.
(a)
For any development within the FH — Flood Hazard District,
the applicant shall demonstrate the effect of the development on flood
heights, frequencies and velocities, the susceptibility of the development
to flood damage, the availability of emergency access, and the necessity
of the proposal to be located near or within the flood hazard area.
(d)
Where practical, structures shall be constructed with the longitudinal
axis parallel to the direction of flood flow and shall be placed approximately
on the same flood flow lines as those of nearby structures.
(2)
Utility Facilities in the FH — Flood Hazard District.
Utility facilities not under the exclusive jurisdiction of the Pennsylvania
Public Utility Commission shall comply with the following conditions:
(a)
Facilities including pipelines, gas lines, storm sewers, sanitary
sewers, water lines, outlet installations for sewage treatment plants,
sealed public and private water supply wells, pumping stations, and
underground communications facilities shall, except for necessary
vents, be designed and installed underground so as to be at or below
the existing natural surface grade within the floodplain, and in such
a manner that will prevent flotation, minimize or eliminate flood
damage, and not alter the cross-sectional area of the floodplain.
All new or replacement water supply facilities or sanitary sewage
facilities shall be designed to minimize or eliminate infiltration
of floodwaters into the facilities and discharges from the facilities
into floodwaters. All gas lines shall have a system of shut-off valves
for service within the FH — Flood Hazard District to allow positive
control during flood emergencies.
(b)
Electrical transmission lines and supporting structures shall
be installed so as to minimize or eliminate flood damage and be installed
underground below the existing natural surface within the floodplain.
Aboveground electrical transmission lines should be designed to meet
the following standards:
[1]
Aboveground lines and supporting structures shall enter the
FH — Flood Hazard District only to cross a watercourse, shall
cross the watercourse and the district using the most direct and shortest
route possible, shall make the minimum number of crossings necessary,
and shall be designed and installed so as to minimize or eliminate
flood damage.
[2]
Aboveground lines shall be elevated so that the lowest portions
are a minimum of 10 feet above the 100-year flood elevation.
[3]
Supporting structures for aboveground lines within the district
shall be the minimum number necessary to carry the lines across the
district. Supporting structures shall be designed and installed so
as to be able to withstand the maximum volume, velocity, and force
of floodwaters which can be expected at the point where they are located.
[4]
Facilities and services in the district shall be designed so
that flood damage within the district does not disrupt service outside
the district.
(c)
Utility facilities and structures (excluding buildings) subject
to the jurisdiction of the Pennsylvania Public Utility Commission
are requested to comply with the above standards in the interest of
achieving the purpose and intent of this Chapter.
(3)
Evacuation Plan. A plan which provides for alternative vehicular
access and escape routes when normal routes are blocked or destroyed
by flooding shall be submitted to the Chester County Department of
Emergency Services by the owner of any building located in the FH —
Flood Hazard District.
J.
Municipal Liability. The granting of a permit or the making of any
other administrative decision shall not constitute a representation,
guarantee, or warranty of any kind by the Township, or by any official,
agent, or employee thereof, of the practicability or safety of any
structure, use, or other plan proposed with respect to damage from
flood or otherwise, and shall create no liability upon, or a cause
of action against, such public body, official, agent, or employee
for any flood damage that may result pursuant thereto or as a result
of reliance on this Section. There is also no assurance that lands
not included in the FH — Flood Hazard District are now or ever
will be free from flooding or flood damage.
[Ord. No. 196-2018, 9/12/2018]
A.
Statement of Intent. The purpose of this Section is as follows:
(1)
To protect the public health, safety and welfare through the
preservation of the groundwater resources of the public water supplies
owned and operated by the Honey Brook Borough Authority (hereinafter
referred to as the "Authority"), a municipal authority duly established
by the Borough of Honey Brook, Chester County (hereinafter referred
to as the "Borough").
(2)
To ensure a future supply of safe, reliable, and healthful drinking
water for the residents of the Township. The designation of the Wellhead
Protection District and the regulation of activities within such Wellhead
Protection District will reduce the potential for ground and surface
water contamination and thereby preserve irreplaceable groundwater
resources. The delineation of the Wellhead Protection District and
the development of the provisions of this Section are based upon a
professional study of the hydrogeology and other features of the Township
and certain nearby municipalities.
(3)
Preserve the Township's natural features and groundwater aquifers.
B.
Establishment and Delineation of Wellhead Protection District and
Wellhead Protection Zones.
(1)
The Wellhead Protection District shall be defined as that area
within the corporate boundaries of the Township as is set forth on
the map attached hereto, marked as Appendix C and incorporated herein
by reference thereto.
(2)
Within the Wellhead Protection District, the following Wellhead
Protection Zones are hereby established:
(a)
Zone 1 shall be that area marked on Appendix C as Zone 1, which
Zone 1 represents a protective zone immediately surrounding a community
water supply well, which shall be a maximum radius of 400 feet.
(b)
Zone 2 shall be that area marked on Appendix C as Zone 2, which
Zone 2 represents an area determined by methods applicable to that
hydrogeologic setting, as having a ten-year time-of-travel of groundwater
supply to public well sites.
(c)
Zone 3 shall be that area marked on Appendix C as Zone 3, which
Zone 3 represents the area that contributes surface and groundwater
to Zone 2.
C.
Boundary Disputes.
(1)
Where the boundary of any zone divides any property, the entire
property shall be considered to lie within the zone offering the highest
degree of protection to groundwater resources.
(2)
Should any person challenge the boundary of Zones 1, 2 or 3,
it shall be the responsibility of that person to retain a recognized
professional with competence in the field to determine more accurately
the precise boundary of the disputed area.
(3)
The final boundary to be used will be determined by the Township
Engineer with assistance from the Authority Engineer and/or a professional
hydrogeologist, as appropriate.
(4)
The applicant shall bear the burden of proof and be responsible
for all fees incurred as may be set forth by resolution of the Board
of Supervisors.
D.
Relationship to Other Parts and Ordinances.
(1)
The provisions of the WHP — Wellhead Protection District
creates an overlay district which is applicable within the zoning
districts established by this Chapter and shown on the map in Appendix
C.
(2)
To the extent the provisions of this Section are applicable
and more restrictive, they shall supersede conflicting provisions
in any other Part of this Chapter and all other ordinances of the
Township.
(3)
However, all other provisions of this Chapter and all other
ordinances of the Township shall remain in full force and effect.
E.
Regulated Land Uses in the WHP — Wellhead Protection District.
(1)
Within the Wellhead Protection District, land uses shall be
regulated as follows:
(a)
Lots and tracts of land located within the Wellhead Protection
District, as delineated on Appendix C, shall be governed by the restrictions
applicable to the Wellhead Protection Zone in which such lots and
tracts of land are located.
(b)
Certain land uses within the Wellhead Protection District will
be regulated (hereinafter "regulated land uses") according to the
listing of uses provided in this Section. Certain particular regulated
land uses will be prohibited, or permitted only by a special permit,
within Zone 1, Zone 2, or Zone 3, as applicable.
F.
Uses Permitted by Right in the WHP — Wellhead Protection District.
(1)
The following uses are permitted by right in the WHP —
Wellhead Protection District (all zones).
(a)
Transit. The transportation of any hazardous or governmentally
regulated substance through the Wellhead Protection District shall
be exempt from provisions of this Chapter, provided that the transporting
vehicle is in transit through the Wellhead Protection District and
further provided that such transportation is conducted in compliance
with all applicable federal and state law and regulations.
(b)
Residential. To the extent otherwise permitted or regulated
by federal, state and/or county statutes and regulations, the owners
and/or occupiers of lots and tracts of land which are primarily utilized
for the purpose of single- or multifamily residential dwellings are
permitted to utilize and store fuels, hazardous chemicals, pesticides,
fertilizers, inflammable liquids and gases, and toxic and regulated
substances in such quantities and in such manner as is associated
with normal consumer, household use, and such limited utilization
shall not be deemed a regulated land use for the purposes of this
Chapter.
G.
Uses Specifically Prohibited in the WHP — Wellhead Protection
District.
(1)
Zone 1. The following regulated land uses are specifically prohibited
in Zone 1:
(a)
Bulk storage of regulated substances (i.e., meaning any substances
regulated under federal, state or county environmental, pollution
control, hazardous substance and drinking water laws and regulations).
(b)
Dry-cleaning establishments; coin or commercial laundries.
(c)
Garage service station.
(d)
Heavy manufacturing uses.
(e)
Junkyards.
(f)
Land application of wastewater and sludges.
(g)
Livestock animals in excess of 25 animal equivalent units per
acre in yarding areas.
(h)
Metal plating establishments.
(i)
Open burning sites (not including the open burning of common
household waste as permitted by state law and DEP regulations) and
dumps.
(j)
Quarries and mining operations.
(k)
Road salt stockpiles.
(l)
Fuel sales.
(m)
Fuel storage.
(n)
Sanitary landfill.
(o)
Sewage treatment facilities with on-site disposal of primary
or secondary treated effluent in excess of 5,000 GPD.
(p)
Storage and mixing of regulated substances.
(q)
Use which involves as a principal activity the manufacture,
storage, use, transportation, or disposal of regulated substances.
(r)
Use which involves use or storage of regulated substances in
quantities greater than those associated with normal household use.
(s)
Used motor vehicle sales area.
(2)
Zone 2. The following regulated land uses are specifically prohibited
in Zone 2:
(a)
All regulated land uses mentioned in § 27-803G(1)(a) through (s) above.
H.
Uses Permitted by Special Permit Issuance in the WHP — Wellhead
Protection District. The following regulated land uses are permitted
by issuance of a special permit within Zone 3 only:
I.
Reporting Requirements for New Uses.
(1)
As to each lot or tract of land located within the Wellhead
Protection District, upon which there is conducted a regulated land
use, the record owner thereof shall submit, or cause to be submitted,
to the Township Engineer the following reports and information in
the manner prescribed:
(a)
Copies of all federal, state and county operational approvals,
certificates, permits and applications, on-going environmental reports
and monitoring results, relating to environmental, pollution control,
hazardous substance and drinking water laws and regulations pertaining
to such lot or tract of land, as and when required to be submitted
to federal, state and county governmental authorities.
(b)
In the event that any contaminants and/or substances regulated
under federal, state or county environmental, pollution control, hazardous
substance and drinking water laws and regulations are released on
or from any lot or tract of land within the Wellhead Protection District,
copies of any and all notices, reports and documents which such owner
filed, or caused to be filed, with any federal, state and/or county
governmental authorities which provide notice of or relate to such
release, as and when such notices, reports and documents are required
to be filed with such governmental authorities.
(c)
Copies of all notices, orders, rules, decisions, recommendations,
enforcement actions and similar documentation, as and when received
by or on behalf of such record owner or the occupant of any such lot
or tract of land from any federal, state or county governmental authority
in connection with the enforcement of environmental, pollution control,
hazardous substance and drinking water laws and regulations.
J.
Administration.
(1)
The Township Engineer is hereby designated as the Township official
responsible for the administration and enforcement of this Section.
The Zoning Hearing Board of the Township shall hear appeals from the
written determinations and orders of the Township Engineer regarding
applications, enforcement notices, cease and desist orders and other
matters, and shall also hear substantive and procedural challenges
to the validity of this Chapter.
(2)
Uses of lots or tracts of land in existence on the date of enactment
of this Chapter which are regulated land uses shall be deemed to be
"nonconforming uses" of land under the terms of this Chapter. Such
nonconforming uses of land may be continued by the present or any
subsequent owner so long as:
(a)
Such use is and remains otherwise lawful and in compliance with
all federal, state, and county environmental, pollution control, hazardous
substance and drinking water laws and regulations.
(b)
Such nonconforming use has not been and is not discontinued
for a period of 12 consecutive months.
(c)
Such nonconforming use is not, after the date of enactment of
this Chapter, materially altered, changed or expanded.
(d)
The record owner of the lot or tract of land on which such nonconforming
use is located is in compliance with the Section of this Chapter regarding
reporting requirements.
(e)
Such nonconforming use is not an actual known source of groundwater
contamination.
(f)
A regulated land use shall be deemed to be new or materially
altered, changed or expanded if:
[1]
The land use which constitutes the regulated land use was not
previously present and conducted upon the lot or tract of land in
question.
[2]
The production and/or storage capacity of the regulated land
use is increased.
[3]
The types of substances which give rise to the regulated land
use are changed.
[4]
The number of types of any substances which give rise to the
regulated land use is increased.
[5]
The quantity of any substances which give rise to the regulated
land use is materially increased.
(3)
Following the date of enactment of this Chapter, regulated land
uses which are new or which constitute material changes, alterations
or expansions of nonconforming regulated land uses will be prohibited
in accordance with the terms of this Section thereby prohibiting such
regulated land uses or permitting such regulated land uses only upon
the granting of a special permit. Any regulated land use which is
permitted to be conducted within the Wellhead Protection District
as a result of the granting of a special permit in accordance with
the terms of this Chapter and other Township regulations shall not
be deemed to be a nonconforming use of the land under the terms of
this Chapter, but shall without further action be considered a land
use which is in conformity with the terms of this Chapter.
(4)
As to any new regulated land use or any proposed material change,
alteration or expansion of a regulated land use which is a nonconforming
regulated land use and as to which such regulated land use is permitted
to be conducted within the applicable Wellhead Protection Zone upon
the granting of a special permit, such special permit shall only be
granted upon the following conditions:
(a)
Such regulated land use is one which is specifically authorized
as a special permit use in the Wellhead Protection Zone in question,
as set forth in this Section.
(b)
Such regulated land use will not, during construction or thereafter,
cause the degradation of the groundwater quality upon or beneath the
lot or tract of land in question, or upon or beneath adjacent lots
or tracts of land, the degree and extent of which degradation is or
would be violative of safe drinking water standards promulgated by
federal, state or county governmental authorities.
(c)
Satisfactory evidence has been provided to the Township's Engineer,
or Zoning Hearing Board, as applicable, that the proposed regulated
land use is in compliance with all federal, state and county laws
and regulations applicable to such regulated land use and the record
owner or occupant has received all necessary approvals of federal,
state and county governmental authorities for the conduct of such
regulated land use.
(5)
Application for a special permit shall be made to the Township
Engineer in writing on such form as may be prescribed by the Township
Engineer and approved by resolution of the Supervisors and such application
shall include, at a minimum, a detailed description of each of the
activities to be conducted upon the lot or tract of land in question
which constitute a regulated land use, including a listing of all
substances which are to be stored, handled, used or produced in connection
with each regulated land use being proposed and which substances are
subject to regulation by federal, state and/or county governmental
authorities.
(6)
The Township Engineer shall issue a written determination approving
or disapproving the application for a special permit, or conditioning
the granting of the special permit upon adherence to any or all of
the following requirements by the applicant for the special permit,
where the Township Engineer has found that such adherence is reasonably
necessary to fulfill the groundwater protection purposes of this Chapter:
(a)
The installation of adequate containment facilities and systems
so as to prevent the contamination of groundwater by substances regulated
by federal, state and/or county governmental authorities.
(b)
The preparation, filing (with the Township Engineer) and periodic
revision of an emergency plan addressing the means by which any potential
contamination of groundwater will be controlled, collected and remediated,
including emergency contacts and identification of potential contaminants.
(c)
Regular inspection and/or monitoring, by the owner, occupant,
the Township Engineer and/or third parties (including the Authority),
of the regulated land use.
(d)
Compliance by the applicant with the provisions of the Township Subdivision and Land Development Ordinance [Chapter 22] and Township Stormwater Management Ordinance [Chapter 20] then in effect pertaining to sanitary sewage disposal, water supply, stormwater management, utilities and easements and subsurface carbonate areas.
K.
Applications to the Township Engineer for a special permit under
this Section, as well as written determinations of the Township Engineer
and appeals from the written determinations of the Township Engineer
to the Township Zoning Hearing Board and appeals to the courts of
the Commonwealth of Pennsylvania, shall be subject to the same procedural
(but not substantive) rules as are applicable to applications for
special exceptions under the terms of this Chapter in effect at the
time the application is filed.
L.
Fees. The Township Supervisors shall, from time to time, establish
by resolution a schedule of fees, charges and expenses and collection
procedures for special permits, costs of review and inspection, appeals
and other matters pertaining to this Section. The schedule of fees
shall be available for inspection in the Township Office. An application
will not be considered to be complete until all applicable fees, charges
and expenses have been paid in full.
[Ord. No. 196-2018, 9/12/2018;
as amended by Ord. No. 197-2019, 7/10/2019]
A.
Purpose. The purposes of this Section are as follows:
(1)
To promote the public health, safety, and welfare by protecting
steep slope areas and by encouraging retention of open space located
and designed so as to constitute a harmonious and appropriate part
of the physical development of the Township.
(2)
To permit only those uses of steep slope areas that are compatible
with the conservation of natural conditions and that maintain stable
soil conditions by: (1) minimizing disturbances to vegetative ground
covers; and (2) restricting the regrading of steep slope areas.
(3)
To limit soil erosion and the resultant destruction of the land,
siltation of streams, and property damage.
(4)
To protect low-lying areas from flooding by limiting the increase
in stormwater runoff caused by grading of sloped areas, changes in
ground cover, or the erection of structures.
(5)
To maintain the ecological integrity and habitat value of steeply
sloped areas for indigenous vegetation and wildlife that could be
adversely affected by otherwise permitted disturbances.
(6)
To allow the continuing replenishment of groundwater resources
and the maintenance of springs.
B.
Delineation.
(1)
The SSC — Steep Slope Conservation District shall consist
of any area that is delineated and defined as follows:
(2)
The applicable United States Geological Survey Topographic Map,
or a topographic survey prepared by a registered professional licensed
to perform such surveys when required as part of a subdivision or
land development plan application, shall determine the lands contained
within the SSC — Steep Slope Conservation District.
C.
Steep Slope Delineation Procedure.
(1)
Each application for construction, land disturbance or subdivision
containing land within the SSC — Steep Slope Conservation District
shall be submitted in accordance with such other provisions of the
ordinances of the Township as are applicable thereto. Any area of
prohibitive slope or precautionary slope that falls within the subject
lot or lots shall be shown on the site plan through shading of such
area or areas.
(2)
Any party seeking land development and/or subdivision approval
in what might be the SSC — Steep Slope Conservation District
shall have the burden to present evidence to the reviewing body of
the boundaries of the district in the area in question. This presentation
must include applicable topographic data with respect to the property
and any other pertinent documentation for consideration.
(3)
Where the exact location of the boundaries of the district in
relation to a given parcel is in question, the Township Engineer shall
evaluate all material submitted by the applicant and any other pertinent
information. He shall make a written report of the results of his
determination, a copy of which shall be provided to the Board of Supervisors.
(4)
Any party aggrieved by any such determination by the Township
Engineer may appeal to the Zoning Hearing Board. The party contesting
the location of the district boundary shall have the burden of proof
in any such appeal proceeding.
D.
Relationship to Other Parts and Ordinances. The provisions of the
SSC — Steep Slope Conservation District create an overlay district
which is applicable within all other zoning districts established
by this Chapter. To the extent the provisions of this Section are
applicable and are more restrictive, they shall supersede conflicting
provisions in any other part of this Chapter and all other ordinances
of Township. However, all other provisions of this Chapter and all
other ordinances of Township shall remain in full force.
E.
General Criteria within both Prohibitive and Precautionary Slopes.
(1)
All grading shall be minimized, and no grading shall be undertaken
within any area of the SSC — Steep Slope Conservation District
except where approved in conjunction with a use permitted under the
terms of this Section.
(2)
Finished slopes of all cuts and fills shall be stabilized and
shall not exceed a 33% slope, unless the applicant can demonstrate
that steeper slopes can be stabilized and maintained adequately.
F.
Permitted Uses in Areas of Prohibitive Slope. The following are the
only uses permitted by right in areas of prohibitive slope. Such uses
also shall be in compliance with the base zoning district, and shall
not involve the erection of buildings, construction of streets, installation
of sewage disposal systems, or permanent removal of topsoil.
(1)
Parks and outdoor recreational uses, consistent with the goals
of watershed protection.
(2)
Logging and woodcutting, where such activity is limited to highly
selective removal of trees and is performed in accordance with a woodland
management plan prepared by a professional forester and approved by
the Board of Supervisors. Maximum precautions shall be taken to avoid
destruction of or injury to understory brush and trees.
(3)
Grading for the minimum portion of a driveway necessary to access
a single-family dwelling when it can be demonstrated that no other
routing which avoids slopes exceeding 25% is feasible.
(4)
Yard areas of a building that is permitted under the terms of
this Chapter.
G.
Permitted Uses in Areas of Precautionary Slope. The following are
the only uses permitted by right in areas of precautionary slope,
provided they also are in compliance with the base zoning district
and all other provisions of this Chapter:
(1)
Any use permitted in an area of prohibitive slope.
(2)
Tree farming, forestry, and other agricultural uses when conducted
in conformance with conservation practices, including minimum tillage
methods, approved by the Natural Resources Conservation Service or
the Chester County Conservation District.
(3)
Single-family detached dwelling, where permitted in the underlying
district, provided that such dwellings are designed so that foundation
walls are built into the slope without alteration of natural grade
beyond the building footprint, or the use of other foundation systems
that minimize the area of disturbance to natural grade.
(4)
Sealed public water supply wells, where approved by all regulatory
agencies.
(5)
Sanitary or storm sewers, where approved by all regulatory agencies.
H.
Application Procedures. Before a permit is issued for any construction
or land disturbance activity on land within or affecting areas of
the SSC — Steep Slope Conservation District, the following material,
in full or in pertinent parts, shall be submitted for review by the
Township:
(1)
An engineered site plan of the property, indicating existing
grades with contour lines of five-foot intervals and proposed grades
within the area of the proposed construction. All areas of prohibitive
and/or precautionary slope, as defined above, shall be shaded accordingly.
(2)
Landscaping plan indicating proposed impervious surfaces, storm
drainage facilities, retaining walls, and ground cover, as well as
trees and ornamental shrub locations.
(3)
Architectural plans, elevations, and sections.
(4)
A statement, signed and sealed by a registered architect, landscape
architect, or engineer, explaining the building methods to be used
in overcoming foundation and other structural problems created by
any slope conditions, how the natural slopes and watershed will be
protected, the type of vegetation which will be installed in disturbed
areas, and the method of getting construction and other materials
to the site without damage to existing trees and other nearby vegetation.
(5)
Location and slopes of sides of all proposed cuts and fills.
(6)
Plan, profile, and typical cross-sections of any proposed driveway,
with the seal of a registered professional engineer thereon.
(7)
Plan for on-site sewage disposal facilities unless the Township
or Municipal Authority determines that the property is within a public
sanitary sewer service area.
(8)
If a prohibitive slope area extends to the boundary of a proposed
site, the slopes on adjacent properties for a distance of 200 feet
in all directions from the boundaries of the site in question shall
be additionally presented.
I.
Existing Uses and/or Structures within the SSC — Slope Conservation District. Following the effective date of this Chapter, any use or structure situated within an area of prohibitive slope or precautionary slope that does not conform to the uses permitted in this Section shall become a nonconforming use or structure, regardless of its conformance to the terms of the district in which it is located. The expansion or continuance of said nonconforming use or structure shall be governed by the requirements of Part 11 of this Chapter. However, the Zoning Hearing Board shall also ensure that the standards contained in this Section are applied to the expansion or continuance of said nonconforming use or structure.
[Ord. No. 196-2018, 9/12/2018;
as amended by Ord. No. 197-2019, 7/10/2019]
A.
Findings of Fact.
(1)
Riparian buffers, particularly forested buffers, prevent stream
bank erosion; protect natural stream morphology (i.e., broad meanders
with maximum stream bottom habitat); remove excess nitrogen, phosphorus
and sediment from surface water run-off; reduce downstream flooding;
provide thermal protection to adjoining streams, wetlands, and water
bodies; provide food and habitat for wildlife; provide food and habitat
for fish and amphibians; form corridors for habitat conservation and
greenways; and protect associated wetlands.
(2)
Forested riparian buffers in headwaters (first-order streams)
generate high levels of organic inputs directly from land to water,
which in turn maximize in-stream processing functions that provide
the "fuel" needed for downstream energy and nutrient processing.
(3)
The Township is committed to improving the water quality of
its streams, creeks, rivers, and other water bodies and is required
by the federal Environmental Protection Agency and the Pennsylvania
Department of Environmental Protection to have a plan for improving
water quality and to implement that plan in a timely manner.
B.
Intended Purpose. It is the purpose of this Section to promote the
public health, safety and general welfare and to minimize impacts
to forested riparian resources. In furthering that purpose, the specific
intent of this Section is:
(1)
To conserve, protect, and restore natural riparian resources
through scientifically supported processes.
(2)
To maintain and improve surface water quality by reducing the
entry of detrimental substances, including nutrients, sediment, organic
matter, pesticides, and other harmful substances that reach watercourses,
wetlands, and surface and subsurface water bodies.
(3)
To reduce the entry of detrimental substances by restricting
development and uses in riparian areas that intercept surface water
runoff, wastewater, subsurface flow and deep groundwater flows from
upland sources and where the processes of filtration, deposition,
absorption, adsorption, plant uptake, sediment and phosphorus attenuation,
denitrification and infiltration may occur; encouraging sheet flow
and minimizing, mitigating and preventing concentrated flows of stormwater
runoff across riparian areas, and securing increased channel and bank
stabilization that avoids stream bank erosion and associated water
quality, quantity and flow harms.
(4)
To reduce adverse aquatic health impacts due to changes in the
temperature of receiving waters (both temperature increases and temperature
decreases) as a result of stormwater runoff, loss of vegetation shading
and direct discharges to water bodies.
(5)
To enhance in-stream processing of nutrients and pollutants
such as pesticides and reduce the downstream movement of pollutants,
including a reduction in flooding and reduction of soil loss.
(6)
To improve and maintain the safety, reliability and adequacy
of the water supply for domestic, agricultural, commercial, industrial
and recreational uses along with sustaining diverse populations of
aquatic flora and fauna.
(7)
To provide wildlife habitat, protect native plant species, and
provide opportunities for passive recreation and conserve scenic and
recreation areas within and adjacent to riparian areas.
(8)
To conserve headwater areas, groundwater recharge zones, floodway,
floodplain, springs, seeps, streams, wetlands, woodlands, prime wildlife
habitats and other features that provide recreational value or contain
natural amenities, whether on developed or undeveloped land.
(9)
To integrate with floodplain, steep slope, wetlands, and woodland
protection ordinance provisions as well as other ordinance requirements
contained herein that regulate environmentally sensitive areas to
minimize hazards to life, property and the environment.
(10)
To regulate the use, siting, engineering and maintenance of
all development to be consistent with the purposes and intent of this
Section and accepted conservation easement practices and to work with
the carrying capacity of existing natural resources.
(11)
To minimize the financial burden imposed on the community, its
governmental bodies and individuals when having to mitigate the effects
of increased soil run-off into creeks, streams, and rivers due to
disturbance or loss of forested riparian resources in the Township.
C.
Overlay Concept, Establishment, and Width Determination of the District.
(1)
Overlay Concept. The provisions of the RCC — Riparian
Corridor Conservation District create an overlay district which is
applicable within all other zoning districts established by this Chapter.
To the extent the provisions of this Section are applicable and more
restrictive, they shall supersede conflicting provisions in any other
Part of this Chapter and all other ordinances of the Township. However,
all other provisions of this Chapter and all other ordinances of the
Township shall remain in full force.
(2)
Establishment.
|
Regulated Watercourses
|
Zone One Required
|
Zone Two Required
|
Measurement
|
|---|---|---|---|
|
Perennial streams (Soil Survey and USGS)
|
Yes
|
Yes
|
Measured from top of bank
|
|
Intermittent streams (Soil Survey)
|
Yes
|
Yes
|
Measured from center line
|
|
Bordered by alluvial soils
|
Yes
|
Yes
|
Measured from center line
|
|
Local alluvium in conjunction with alluvial soils
|
Yes
|
Yes
|
Measured from center line
|
|
Ponds >5,000 square feet
|
Yes
|
No
|
Measured from edge
|
(a)
The RCC — Riparian Corridor Conservation District applies
to the following watercourses and water bodies and the land adjacent
to them:
[1]
All naturally occurring watercourses that normally contain flowing
water during all times of the year, including streams that may dry
up during periods of extended drought. These shall include, but not
be limited to:
[2]
All intermittent watercourses otherwise identified in the most
recent Soil Survey of Chester County, County GIS database, FEMA mapping,
identified on plans submitted by applicants or by the Township.
[3]
All watercourses bordered by the following alluvial soils, and/or
local alluvium soils, as mapped in the most recent U.S. NRCS Soil
Survey for Chester County, provided the local alluvium soil is connected
to one of the following alluvial soils: Ba/BaB/BbB-Baile silt loam,
CpA/CpB/CqB- Cokesbury silt loam, Ha-Hatboro silt loam, Th-Thorndale
silt loam, ToA/ToB/TxB-Towhee silt loam, WaA-Watchung silt loam.
[4]
Ponds greater than 5,000 square feet in area.
[5]
In the case where a dispute is based upon soils classification,
the initial determination may be overruled upon the submission of
a report prepared by a soil scientist or other individual with appropriate
expertise on behalf of the application which demonstrates that the
soils are not any of those listed above in Subsection C(2)(a)[3].
(b)
The district will consist of two distinct zones designated as:
[1]
Zone One. This zone is a margin of land with a minimum width
of 25 feet measured horizontally on a line perpendicular to the top
of bank or center line of the watercourse, as appropriate, and/or
the edge of the wetland or pond.
[a]
Where slopes in excess of 25% are located within
25 feet of a watercourse, Zone One shall extend the entire distance
of this sloped area or 75 feet, whichever is less.
[b]
Where the width of Zone One has been adjusted to
a width of less than 75 feet, the width of Zone Two will be adjusted
so that the total corridor width (Zone One and Zone Two) shall be
a maximum of 75 feet.
[2]
Zone Two. This zone begins at the outer edge of Zone One and
shall occupy a minimum width of 50 feet in addition to Zone One. Where
Zone One has been adjusted to a width greater than 25 feet, the width
of Zone Two shall be adjusted such that the total corridor width (Zone
One and Zone Two) shall be a maximum of 75 feet.
[a]
Where the FEMA-regulated floodplain, as defined
in § 8-104.1.A(1) of this Code, extends greater than 75
feet from the waterway, Zone One shall remain a minimum of 25 feet
wide, and Zone Two shall extend from the outer edge of Zone One to
the outer edge of such floodplain.
(c)
The width and applicable regulations of the RCC — Riparian
Corridor Conservation District shall be as follows, consistent with
the standards for Zone One and Zone Two.
(d)
The measurement of the RCC — Riparian Corridor Conservation
District shall be as follows:
[1]
For watercourses identified in Subsection C(2)(a)[1]: A minimum
of 75 feet from each defined edge of the watercourse at bank full
flow, or the area contained within the FEMA-regulated floodplain,
whichever is greater.
[2]
For watercourses identified in Subsection C(2)(a)[2] and [3]:
A minimum of 75 feet from the center line of the watercourse, or the
area contained within the FEMA-regulated floodplain, whichever is
greater.
[3]
For ponds identified in Subsection C(2)(a)[4]: A minimum of
25 feet from the edge of the pond.
(e)
A Riparian Corridor Map, depicting the approximate locations
of the Riparian Corridor Conservation District is attached hereto
as Appendix D. The purpose of this information is for general information
purposes, and the calculation methodologies contained in this Section
shall supersede such map in determining the exact location of the
district.
D.
Uses Permitted in the RCC — Riparian Corridor Conservation
District. The following uses are permitted either by right or as a
conditional use in the RCC — Riparian Corridor Conservation
District.
(1)
Zone One.
(a)
Uses Permitted by Right. Open space uses that are primarily
passive in character shall be permitted to extend into the area defined
as Zone One, including:
[1]
Wildlife sanctuaries, nature preserves, forest preserves, fishing
areas, passive areas of public and private parklands, and reforestation.
[2]
Streambank stabilization.
[3]
Driveways, common driveways and subsurface utility crossings
serving not more than five single-family or two-family dwelling units,
provided the requirements of Subsection I, herein, are satisfied.
[4]
Agricultural uses existing at the time of adoption of this Chapter,
so long as they are conducted in compliance with methods prescribed
in the Department of Environmental Protection's Erosion and Sediment
Pollution Control Program Manual, 1990, as amended.
[5]
Corridor crossings by farm vehicles and livestock.
[6]
Corridor crossings by recreational trails, roads, railroads,
centralized sanitary sewer and/or water lines, and public utility
transmission lines, when in compliance with the applicable requirements
of the Pennsylvania Department of Environmental Protection and/or
the Chester County Conservation District, and provided that disturbance
is offset by identified corridor improvements in accordance with Subsection
I.
[8]
Driveways and subsurface utility crossings for not more than
one commercial/industrial lot, provided the requirements of Subsection
I, herein, are satisfied.
(b)
Uses Permitted by Conditional Use.
[1]
Sustained yield harvesting of trees when removal is consistent with a woodland management plan prepared by a professional forester, in compliance with § 27-1029 and approved by the Board following review by the Township Engineer. Any landowner requesting to sustainably harvest timber within Zone One shall be enrolled in the Bureau of Forestry's Forest Stewardship Program and have a letter approving such a harvest from the Bureau's District Forester prior to the Township issuing such approval.
(2)
Zone Two.
(a)
Uses Permitted By Right. The following uses, which are primarily
passive in character, shall be permitted by right to extend into the
area defined as Zone Two:
[1]
Open space uses including wildlife sanctuaries, nature preserves,
forest preserves, passive areas of public and private parklands, and
recreational trails conducted in compliance with methods prescribed
in the Department of Environmental Protection's Erosion and Sediment
Pollution Control Program Manual, 1990, as amended.
[2]
Reforestation when done in compliance with a woodland management
plan prepared by a professional forester and approved by the Board
following review by the Township Engineer.
[3]
No more than 1/2 the depth of any minimum required front, side,
and/or rear yards on private lots. The result of this requirement
is that 1/2 of the minimum required yard depth shall act as a setback
from the Zone Two boundary, and the other half may extend into Zone
Two to complete the minimum required yard area. However, the portion
of the setback within Zone Two shall be subject to the regulations
of Zone Two.
[4]
Agricultural uses existing at the time of adoption of this Chapter,
so long as they are conducted in compliance with methods prescribed
in the Department of Environmental Protection's Erosion and Sediment
Pollution Control Program Manual, 1990, as amended.
[5]
Driveways, common driveways and subsurface utility crossings
serving not more than five single-family or two-family dwelling units,
provided the requirements of Subsection I, herein, are satisfied.
[6]
Corridor crossings by farm vehicles and livestock.
[7]
Corridor crossings by recreational trails, roads, railroads,
centralized sanitary sewer and/or water lines, and public utility
transmission lines, when in compliance with the applicable requirements
of the Pennsylvania Department of Environmental Protection and/or
the Chester County Conservation District, and provided that disturbance
is offset by identified corridor improvements in accordance with Subsection
I.
[9]
Driveways and subsurface utility crossings for not more than
one commercial/industrial lot, provided the requirements of Subsection
I, herein, are satisfied.
(b)
Uses Permitted by Conditional Use.
[1]
New agricultural uses in compliance with methods prescribed in the Department of Environmental Protection's Erosion and Sediment Pollution Control Program Manual, 1990, as amended. Any timber harvesting required to establish such use must comply with § 27-1029.
[2]
Sustained yield harvesting of trees when removal is consistent with a woodland management plan prepared by a professional forester, in compliance with § 27-1029 and approved by the Board following review by the Township Engineer.
[3]
Passive use areas such as camps, camp grounds, picnic areas,
and golf courses.
[4]
Active recreation areas such as ball fields, playgrounds, and
courts provided these uses are designed in a manner that will not
permit concentrated flow.
E.
Uses Specifically Prohibited in the RCC — Riparian Corridor Conservation District. Any use or activity not authorized within Subsection D, herein, shall be prohibited within the RCC — Riparian Corridor Conservation District and the following activities and facilities are specifically prohibited:
(1)
Storage of any hazardous or noxious materials.
(2)
Use of fertilizers, pesticides, herbicides, and/or other chemicals
in excess of prescribed industry standards or the recommendations
of the Chester County Conservation District.
(3)
Motor or wheeled vehicle traffic in any area not designed to
accommodate adequately the type and volume.
(4)
Parking lots.
(5)
Any type of permanent structure, except structures needed for
a use permitted in Subsection D, herein.
(6)
Subsurface sewage disposal areas.
(7)
Sod farming.
F.
Nonconforming Structures and Uses. Nonconforming structures and uses
of land within the RCC — Riparian Corridor Conservation District
shall be regulated in accordance with the following provisions:
G.
Boundary Interpretation and Appeals Procedure.
(1)
When an applicant disputes the Zone One and/or Two boundaries
of the RCC — Riparian Corridor Conservation District or the
defined edge of a watercourse or surface water body, the applicant
shall submit evidence to the Township that shows the applicant's proposed
boundary, and provides justification for the proposed boundary change.
(2)
The Township Engineer and/or other advisors selected by the
Board of Supervisors shall evaluate all material submitted and provide
a written determination within 45 days to the Board of Supervisors,
Township Planning Commission, and landowner or applicant.
(3)
Any party aggrieved by any such determination or other decision or determination under this Section may appeal to the Zoning Hearing Board under the provisions of Part 14 of this Chapter. The party contesting the location of the district boundary shall have the burden of proof in case of any such appeal.
H.
Inspection and Application of RCC — Riparian Corridor Conservation
District.
(2)
The district may also be inspected periodically by the Zoning
Officer and/or other representatives designated by the Board of Supervisors
for compliance with an approved restoration plan, excessive or potentially
problematic erosion, hazardous trees, or at any time when the presence
of an unauthorized activity or structure is brought to the attention
of Township officials.
I.
Management of the RCC — Riparian Corridor Conservation District.
(1)
Corridor Management Plan. A corridor management plan shall be developed when required by the Township Subdivision and Land Development Ordinance, Chapter 22, consistent with the requirements therein.
(2)
Mitigation Measures. Uses permitted in Subsection D that involve
disturbance of vegetation within the Riparian Corridor shall be mitigated
by one of the following measures:
(a)
Increasing the Width of the Corridor. The width of the Riparian
Corridor, measured from the defined edge of the water body, is increased
so that the average width of the corridor's full length is equal to
that required by Subsection C(2)(c).
(b)
Increasing the Effectiveness of the Corridor. In existing degraded
wooded areas or proposed new wooded areas, an area equal to twice
the area of disturbance shall be planted with three distinct layers
of vegetation: (a) canopy trees, such as oak, hickory, maple, gum,
beech, sycamore, spruce, hemlock, pine, and fir, (b) shrubs that provide
an understory, such as elderberry, viburnum, azalea, rhododendron,
holly, laurel, and alders, and (c) herbaceous plants that serve as
ground cover, including ferns, sorrel, trillium, violet, Virginia
creeper, nettle, phlox, aster, and worts. All three layers shall be
planted at a density sufficient to create a fully functioning, naturalized
riparian corridor.
(c)
Converting to a More Effective Landscape. An area equal to three
times the area of disturbance is converted to a more effective landscape.
The following landscapes are listed in order of effectiveness, from
most effective to least effective: woodland, meadow, shrub, old field,
lawn, and pasture.
J.
Corridor Crossing Standards.
(1)
The width of any right-of-way shall not be greater than the minimum right-of-way width required by the Honey Brook Township Subdivision and Land Development Ordinance, Chapter 22.
(2)
Crossings shall be designed to cross the riparian corridor at
direct right angles to the greatest extent possible in order to minimize
disturbance of the corridor.
(3)
Corridor crossings shall be separated by a minimum of 1,000
feet of buffer length to the greatest extent possible.
(4)
Bridges shall be used in place of culverts when crossings would
require a seventy-two-inch or greater diameter pipe. When culverts
are installed they shall consist of slab, arch or box culverts and
not corrugated metal pipe. Culverts shall also be designed to retain
the natural channel bottom to ensure the passage of water during low
flow or dry weather periods.
[Ord. No. 196-2018, 9/12/2018]
A.
Findings of Fact.
(1)
Wetlands are transition zones where the flow of water, the cycling
of nutrients, and the energy of the sun meet to produce a unique ecosystem
characterized by hydrology, soils, and vegetation. A wetland may not
be wet year-round, in fact, some of the most important are only seasonally
wet.
(2)
Wetlands provide unique and increasingly rare habitat for plants
and animals. Wetlands help to absorb and slow floodwaters, and absorb
excess nutrients, sediment, and other pollutants before they reach
rivers, lakes, and other waterbodies.
(3)
Wetlands have environmental and education value for all Township
residents and visitors.
B.
Intended Purpose. It is the purpose of this Section to promote the
general health, safety and welfare, and to minimize the loss of wetlands
within the Township for the value they bring to the Township, as described
above in the findings of fact. In furthering that purpose, the specific
intent of this Section is:
(1)
To protect wetlands in the Township from disturbance, environmental
contamination, or loss.
(2)
To require applicants to accurately delineate wetlands, and
to inform the Township of the existence of wetlands on a site proposed
for future development.
(3)
To inform property owners and developers of possible permit
and approval requirements of the U.S. Army Corps of Engineers and/or
the Pennsylvania Department of Environmental Protection when wetlands
are present, and to inform the Township, for coordination purposes,
of such permitting and approval processes.
(4)
To integrate with floodplain, steeply sloped areas, forested
riparian buffers, and woodland protection ordinance provisions as
well as other ordinance requirements contained herein that regulate
environmentally sensitive areas to minimize hazards to life and property.
(5)
To minimize the financial burden imposed on the community, its
governmental bodies and individuals when having to mitigate the effects
of increased soil run-off into creeks, streams, and rivers due to
disturbance or loss of wetlands in the Township.
C.
Compliance. Wetlands shall not be regraded, filled, piped, diverted,
channeled, built upon, or otherwise altered, including for purposes
of access or utility crossings, unless all applicable permits have
been obtained from the required governmental entity, and copy thereof
submitted to the Township.
D.
Any applicant proposing a use, activity, or improvement which would
entail the regrading or placement of fill in wetlands shall provide
the Township with proof that the Pennsylvania Department of Environmental
Protection (Bureau of Dams and Waterway Safety and Bureau of Water
Quality Management) and the U.S. Army Corps of Engineers have been
contacted to determine the applicability (jurisdiction) of state and
federal wetland regulations. Any applicant contacted by the Pennsylvania
Department of Environmental Protection or the U.S. Army Corps of Engineers
in regard to wetlands also shall concurrently provide to the Township
a copy of such correspondence. Where any applicant alleges that a
jurisdictional determination is not required or fails to seek such
determination, the Township may nevertheless require the submission
of a graphic and narrative wetlands delineation report, consistent
with the submission requirements otherwise necessary for submission
to federal and state agencies for jurisdictional determination.
E.
Where permitted subject to applicable regulation and as otherwise
provided herein, sewers or other liquid transport pipelines shall
only be permitted to cross wetlands on the minimum traversal distance
and where every precaution shall be taken to prevent leaks and to
prevent any possible draining of the wetland (e.g., water flowing
through or along any pipe or trench). At the expense of the applicant,
the Township may require periodic inspection of applicable systems
and facilities, including but not limited to x-ray of steel welds
and pressure testing of pipelines.
F.
Wetlands shall be staked in the field as part of any subdivision
and/or land development process and prior to any construction upon
the subject property.
G.
Where a jurisdictional determination or full wetland delineation
report is required to comply with state or federal regulations, the
applicant shall provide the Township with a full wetland delineation
report conducted by a qualified wetland biologist, soil scientist,
or environmental professional of demonstrated qualifications, and
subject to the following additional requirements/certifications:
(1)
The Township may hire a qualified consultant to review the delineation
and recommend revisions at the applicant's expense;
(2)
The applicant's hired professional generating the delineation
report shall certify that the methods used correctly reflect the currently
accepted technical concepts, including identification and analysis
of wetland vegetation, hydric soils, and hydrologic indicators. Methods
used in the delineation report shall be acceptable to the Township
Engineer or other qualified consultant hired by the Township; and
(3)
The wetland report submitted to the Township shall include a
determination of whether wetlands are present on the site and a full
delineation, area measurement (in square feet), and description of
any wetlands determined to be present.
H.
Wetland Margin. Consistent with the delineation requirements in Subsection G above, a wetland margin a minimum of 10 feet in width extending from the edge of the wetland boundary shall be required. Such margin shall be drawn on any subdivision or land development plan where required under Chapter 22.
[Amended by Ord. No. 197-2019, 7/10/2019]
(1)
No portion of the wetland margin shall be regraded, filled,
built upon or otherwise altered or disturbed, except:
[Ord. No. 196-2018, 9/12/2018]
A.
Findings of Fact.
(1)
Woodlands provide a host of environmental services in the Township,
including, but not limited to, stormwater management, wildlife habitat,
absorption of carbon and production of oxygen, soil retention, and
slope stabilization.
(2)
Woodlands are a natural resource recommended for protection
by the Honey Brook Township and Borough Multi-Municipal Comprehensive
Plan.
B.
Statement of Intent. It is the purpose of this Section to promote
the public health, safety and welfare and to minimize disturbance
or significant loss of woodlands in the Township. In furthering that
purpose, the specific intent of this Section is:
(1)
To regulate or prevent the disturbance or significant loss of
woodlands in the Township as a result of land development activity.
(2)
To provide standards for the disturbance of woodlands, and for
the replacement of woodlands, when their loss is unavoidable.
(3)
To integrate with floodplain, steeply sloped areas, wetlands,
forested riparian buffers, and other ordinance requirements contained
herein that regulate environmentally sensitive areas to minimize hazards
to life, property, and woodlands.
(4)
To minimize the financial burden imposed on the community, its
governmental bodies and individuals when having to mitigate the effects
of increased soil run-off into creeks, streams, and rivers due to
clearing or disturbance of woodlands in the Township.
C.
Applicability and Disturbance Limitations for Woodlands.
(1)
The provisions of this Section shall not be held applicable to forestry (timber harvesting) activities as defined and provided for in § 27-1029 of this Zoning Ordinance. Activities which fall under the definition of "forestry," including timber harvesting, are exempt from the provisions of this Section; however, are subject to the other applicable sections of this Zoning Ordinance.
(2)
Clearcutting of any woodland area shall be prohibited except
to the minimum extent necessary to permit the implementation of an
approved land development or building permit.
(3)
All woodland disturbance shall be subject to the following disturbance
limitations beyond which woodland replacement shall be required:
(a)
Permitted woodland disturbance on any lot or tract shall not
exceed 5% of any area designated Class I Woodland on the Biological
Resources Map (Appendix I of the Comprehensive Plan), where such woodland
is coextensive with any area of prohibitive slope.
(b)
Except where Subsection C(3)(a) applies, permitted woodland
disturbance on any lot or tract shall not exceed 15% of any area designated
Class I or Class II Woodland on the Biological Resources Map (Appendix
I of the Comprehensive Plan), nor any woodland within a designated
greenway corridor, as shown on the Biological Resources Map of the
Comprehensive Plan.
(c)
Outside of areas designated as greenway corridors, permitted
woodland disturbance on any lot or tract shall not exceed 25% of any
Class III Woodland.
(d)
Permitted woodland disturbance on any lot or tract shall not
exceed 10% of any area designated as Forest Interior Habitat on the
Biological Resources Map.
(e)
Disturbance limitations shall be measured based on the extent
of the woodland at the time of first submission of applicable application(s)
after the adoption of this Section, and shall be indicated on applicable
plan(s). The extent of any area of woodland disturbance shall be measured
to include the entire area within the dripline of any tree where any
part of the area within the dripline of said tree is subject to woodland
disturbance. Any disturbance limitation shall run with the land, once
established. Subsequent applications shall be subject to the initial
determination of disturbance limitations, regardless of intervening
disturbance which may have occurred. If, at any time within three
years prior to an applicable application, there had existed a greater
extent of woodland, such greater area shall be utilized to calculate
the extent of woodland disturbance and the limitations set forth herein.
(4)
In determining where necessary woodland disturbance shall occur
in the context of any subdivision, land development, building permit
or zoning permit application, the applicant shall consider the following:
(a)
The location(s) and benefit of conservation of healthy mature
woodland stands.
(b)
The impacts, in terms of functions and values to wildlife, of
separating, dividing and/or encroaching on wildlife travel corridors
and/or extensive habitat areas. Such impacts must be explicitly assessed
in any area designated as one or more of the following:
(5)
In areas of permitted woodland disturbance and areas adjacent
to permitted woodland disturbance, remaining trees shall be protected
from damage. The following procedures shall be utilized during construction
in order to protect remaining trees:
(a)
Where existing trees are to remain, no change in existing grade
shall be permitted within the dripline of the trees. Appropriate fencing
four feet in height shall be placed at the dripline of trees to remain,
wherever adjacent to proposed construction. Such fencing shall be
maintained in place throughout the duration of construction activity.
Roots shall not be cut within the dripline of any trees to remain.
(b)
Trees within 25 feet of a building, or bordering entrances or
exits to building sites, shall be protected by a temporary barrier
to be maintained in place throughout the duration of construction
activity.
(c)
No boards or other material shall be nailed or otherwise attached
to trees during construction.
(d)
Construction materials, equipment, soil and/or debris shall
not be stored nor disposed of within the driplines of trees to remain.
(e)
Tree trunks, limbs and exposed roots damaged during construction
shall be protected from further damage by being treated immediately
in accordance with accepted professional landscape procedures.
D.
Woodland Replacement.
(1)
Where woodland disturbance is permitted in excess of the limitations
established in Subsection C(3)(a) through (d) above, replacement plantings
shall be installed in accordance with the standards set forth below.
A sample list of acceptable replacement plantings is found in Appendix
E, Honey Brook Township List of Approved Plants of this Code.
(2)
Required Replacement Tree Calculation Based on Area of Woodland
Disturbance. At a minimum, for each 500 square feet of woodland disturbance
area, or fraction thereof, in excess of the applicable standard set
forth in Subsection C(3)(a) through (d) above, and regardless of the
character and sizes of the disturbed vegetation, one tree at least
two to 2 1/2 inch caliper shall be planted.
(3)
Replacement Tree Calculation Based on Specific Tree Removal.
Regardless of any disturbance allowances, for each tree greater than
12 inches dbh to be removed, required replacement trees also shall
be calculated in accordance with the following schedule. For purposes
of this Section, it shall be assumed that any tree greater than 12
inches dbh shall be removed if located within 25 feet of any proposed
land disturbance.
|
For Each Tree to Be Removed (inches dbh)
|
Minimum Number and Caliper of Replacement Trees (inches)
|
|---|---|
|
One, 12 to 18
|
Two, 2 to 2 1/2
|
|
One, 18 to 24
|
Three, 2 to 2 1/2
|
|
One, 24 to 36
|
Four, 2 to 2 1/2
|
|
One, greater than 36
|
Six, 2 to 2 1/2
|
(4)
Required Replacement Shrubs. At a minimum, for each 100 square
feet of woodland disturbance area, or fraction thereof, in excess
of the applicable standard set forth in Subsection C(3)(a) through
(d) above and regardless of the character and sizes of the disturbed
vegetation, one shrub at least 24 to 30 inches in height shall be
planted in addition to any required tree replacement. Shrubs planted
in accordance with this requirement may be of restoration quality
and not necessarily landscape quality.
(5)
Required replacement plantings shall be in addition to any required
street trees or any other landscape material required under the provisions
of this Chapter or the Township's Subdivision and Land Development
Ordinance.
(6)
Where approved by the Township as a condition of any building, zoning, subdivision or land development approval, or as a condition of grant of modification under § 27-808 required replacement trees may be substituted for greater numbers of trees of smaller caliper than otherwise required, or by vegetation other than trees (e.g., for purposes of reforestation).
(7)
Where approved by the Township as a condition of any building, zoning, subdivision or land development approval, or as a condition of grant of modification under § 27-808, some or all of the required replacement plantings may be installed at a site other than that subject to required replacement planting.
(8)
In lieu of actual installation of replacement plantings, the Township may permit any applicant to place the equivalent cash value, as agreed upon by the Township and the applicant, for some or all of the required replacement plantings into a special fund established for that purpose. Such fund shall be utilized at the discretion of the Township for the purchase and installation of plantings elsewhere in the Township. Installation of such plantings on private lands shall be dependent upon the establishment of conservation easement(s) or other restriction(s) acceptable to the Township that will reasonably guarantee the permanent protection of such plantings. Where the provisions of this Section are otherwise applicable, any grant of approval of modifications requested pursuant to § 27-808 also may be conditioned upon the placement of equivalent cash value for otherwise required replacement plantings into such a fund.
(9)
The locations, selected species and sizes of all replacement
plantings, along with a planting schedule tied to the timing and/or
phasing of the development, shall be indicated on the final subdivision/land
development plan(s) or building or zoning permit application, as applicable.
(10)
Required replacement vegetation and their measurement shall
conform to the standards of the publications American or U.S.A. Standard
for Nursery Stock, ANSI or U.S.A.S. Z60.1 of the American Association
of Nurserymen, as amended. All plant material used on the site shall
have been grown so as to have a high likelihood of survival on the
site (e.g., grown specifically for planting in the applicable USDA
hardiness zone) and shall be nursery grown, unless it is determined
by the Township that the transplanting of trees partially fulfills
the requirements of this Section.
(11)
Species of replacement plantings selected and planting locations
shall reflect careful site evaluation and, in particular, the following
considerations:
(a)
Existing and proposed site conditions and their suitability
for the plant materials, based upon the site's geology, hydrology,
soils and microclimate.
(b)
Specific functional and design objectives of the plantings,
which may include, but not necessarily be limited to, replacement
of woodland area removed, enhancement of existing woodland or old
field area(s), reforestation of impacted riparian buffer areas, mitigation
of new woodland edge conditions as a result of land disturbance, provision
for landscape buffer, visual screening, noise abatement, energy conservation,
wildlife habitats and aesthetic values.
(c)
Maintenance considerations, such as hardiness, resistance to
insects and disease, longevity and availability.
(d)
Because of the many benefits of native plants (ease of maintenance,
longevity, wildlife habitat, etc.), the use of nursery-grown free-fruiting
native trees and shrubs is strongly encouraged. Species selection
should reflect species diversity characteristic of the native deciduous
woodland.
(12)
All replacement plantings shall be guaranteed and maintained
in a healthy and/or sound condition for at least 18 months, or shall
be replaced. In addition, the applicant may be required to escrow
sufficient additional funds for the maintenance and/or replacement
of the proposed vegetation during the eighteen-month replacement period,
and to provide for the removal and replacement of vegetation damaged
during construction, based upon the recommendation of the Township
Engineer.
(13)
All applicants shall include, as part of preliminary and final
plan submission, where applicable, a plan for the long-term management
of any woodland area not subject to woodland disturbance and any area
selected for introduction of replacement plantings in accordance with
this Section. Such a plan shall include a statement of woodland management
objectives and shall demonstrate to the satisfaction of the Board
of Supervisors the feasibility of intended management practices, aiming
to ensure the success of stated objectives, including the viability
of introduced plantings, deterrence of invasive vegetation, and means
to minimize any future woodland disturbance. Applicants are strongly
encouraged to seek woodland management assistance from a qualified
professional.
[Ord. No. 196-2018, 9/12/2018]
A.
For any use or activity subject to subdivision or land development review, as part of applicable plan submission, modification(s) may be requested to the provisions of §§ 27-804, 27-805, and 27-807 of this Part. Requested modification(s) may be granted at the discretion of the Board of Supervisors pursuant to the provisions of the Subdivision and Land Development Ordinance.
B.
For any use or activity not subject to subdivision or land development review, but subject to application for approval of a conditional use, special exception, or zoning variance under the provisions of this Chapter, the applicant may request modification(s) to the provisions of §§ 27-804, 27-805, and 27-807 of this Part.
D.
Applicants shall provide appropriate documentation in support of
their modification request, and the Board of Supervisors or Zoning
Hearing Board (as applicable) may request additional documentation
of an applicant, or of its municipal consultants, to help reach its
decision.
E.
In consideration of approval of any applicant request for modification(s)
under this Article, the following standards shall serve as the basis
for a decision:
(1)
That there are unique physical circumstances or conditions,
including but not limited to irregularity, narrowness, or shallowness
of lot size or shape, excessive frontage along a water body, presence
of existing buildings or structures, or exceptional topographical
or other physical conditions peculiar to the particular property.
That because of such physical circumstances or conditions, it is impracticable
for the property to be developed in strict conformity with the natural
resources protection requirements of this Part and that the approval
of the modification is therefore necessary to enable the reasonable
use of the property under base zoning provisions.
(2)
That the modification, if approved, will result in:
(a)
The minimum disturbance of the steeply sloped area, pursuant to the purposes set forth in § 27-804A, as needed to provide for the lawful intended use; or
