Township of Cumberland, PA Part 11 ENVIRONMENTAL PROTECTION

§ 27-1101 General Provisions.

[Ord. 11/25/2003, § 1102]

1. Intent. The intent of this Part is to establish standards and criteria for the protection of environmentally-sensitive areas of the township, including floodplains, steep slopes and very steep slopes, and woodlands and areas with mature trees. More specifically, these provisions are designed to:

A. Preserve natural environmental resources and maintain ecological stability by:

(1) Strictly controlling the use of floodplains.

(2) Promoting the proper development of steep and very steep slopes.

(3) Maintaining groundwater resources through the provision of areas for groundwater recharge.

(4) Avoiding the disruption of woodlands and the removal of specimen trees.

B. Preserve the visual character of the landscape by:

(1) Discouraging development in areas that will create significant changes in the visual character of the township, particularly its stream courses and major drainage swales.

(2) Encouraging the use of natural resource areas to preserve existing environmental quality and amenity values.

C. Protect the health and safety of all residents and visitors and minimize threats to property through the promotion of sound land development practices.

D. Aid in the implementation of the Comprehensive Plan and the attainment of its goals and objectives.

2. Applicability and Scope. This Part regulates the circumstances in which development, improvements, or demolition may occur on land areas in the Township consisting of or containing the following natural and man-made resources:

A. Floodplains, in accordance with § 27-1102.

B. Steep slopes and very steep slopes, in accordance with § 27-1103.

C. Specimen trees, in accordance with § 27-1104.

§ 27-1102 Flood and Floodplain Protection.

[Ord. 11/25/2003, § 1101]

1. Intent. The intent of this § 27-1102 is to protect areas of floodplain subject to and necessary for the containment of flood waters, provide adequate protection for flood prone properties, and comply with federal and state floodplain management requirements. Specific objectives include the following:

A. Promotion of the general health, welfare, and safety of the community.

B. Encouragement of the utilization of appropriate construction practices in order to prevent or minimize flood damage in the future.

C. Prevention of the construction of structures in areas unfit for human usage by reason of danger from flooding, unsanitary conditions, or other hazard.

D. Minimization of 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.

E. Permitting only those uses that can be appropriately located in the floodplain and that will not impede the flow or storage of flood waters, or otherwise cause danger to life and property at, above, or below site locations along the floodplain.

F. Protection of landowners adjacent to a floodplain and those upstream and downstream from a site along the floodplain from damages resulting from development within a floodplain and the consequent obstruction or increase in flow of flood waters.

G. Reduction in the financial burdens imposed on the community, its governmental units, and its residents, by preventing excessive development in areas subject to flooding, and the protection of the entire Township from uses of land that may result in subsequent expenditures for public works and disaster relief and that may adversely affect the economic well-being of the township.

H. Maintenance of an ecological balance among natural systems, including wildlife, vegetation, and marine life, that are dependent upon water courses and water areas.

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

J. Provision of areas for the deposition of flood-borne sediment.

K. Protection of uses vulnerable to floods, including public facilities, in accordance with the requirement of the National Flood Insurance Program and the Pennsylvania Flood Plain Management Act.

2. Applicability and Scope. This § 27-1102 regulates the circumstances in which any use may occur in a floodplain.

3. Identification of Floodplain Areas. The identified floodplain area shall be those areas of the Township of Cumberland that are subject to the one-hundred-year flood as identified in the Flood Insurance Study (FIS) dated September 30, 1981 and the accompanying maps prepared for the Township of Cumberland by the Federal Emergency Management Agency, or the most recent revision thereof.

4. Description of Floodplain Areas. The identified floodplain area shall consist of the following specific areas:

A. FW (Floodway Area). The areas identified as "Floodway" in the AE Zone in the Flood Insurance Study prepared by FEMA. The term shall also include floodway areas which have been identified in other available studies or sources of information for those floodplain areas where no floodplain has been identified in the Flood Insurance Study.

B. FF (Flood-Fringe Area). The remaining portions of one-hundred-year floodplain in those areas identified as an AE Zone in the Flood Insurance Study, where a floodway has been delineated.

C. FE (Special Floodplain Area). The areas identified as Zone AE in the Flood Insurance Study, where one-hundred-year flood elevations have been provided, but no floodway has been delineated.

D. FA (General Floodplain Area). The areas identified as Zone A in the FIS for which no one-hundred-year flood elevations have been provided. When available, information from other federal, state, and other acceptable sources shall be used to determine the one-hundred-year elevation, as well as a floodway area, if possible. When no other information is available, the one-hundred-year elevation shall be determined by using a point on the boundary of the identified floodplain area nearest the construction site in question.

In lieu of the above, the Township may require the applicant to determine the elevation with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough technical review by the Township.

5. Changes in Identification of Area. The identified floodplain area may be revised or modified by the Board of Supervisors where studies or information provided by a qualified agency or person documents the need for such revision. However, prior to any such change, approval must be obtained from the Federal Emergency Management Agency, Federal Insurance Administration.

6. Boundary Disputes.

A. In the case of any dispute concerning the boundaries of a floodplain, an initial determination shall be made by the Township Zoning Officer in consultation with the Township Engineer.

B. Any party aggrieved by the decision of the Zoning Officer as to the boundaries of the floodplain, which may include the grounds that the maps referred to in Subsection 3 are or have become incorrect because of changes due to natural or other causes, or changes indicated by detailed hydrologic and hydraulic studies, may appeal to the Zoning Hearing Board as provided in Part 19 of this chapter and §§ 27-1102, Subsections 11 and 12, herein. The burden of proof in such an appeal shall be on the appellant.

C. Insofar as various natural conditions, including the floodplain as herein defined, may change, such changes may be validated by detailed on-site survey techniques approved by the U.S. Army Corps of Engineers. Whether a proposed use is within the floodplain shown on the Floodplain Overlay Map of the Flood Insurance Study shall, upon appeal from the decision of the Zoning Officer, 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, shall consider the recommendations of the Township Planning Commission and the Adams County Planning Commission.

D. All changes to the boundaries of the floodplain are subject to the review and approval of the Federal Emergency Management Agency Federal Insurance Administration.

7. Permitted Uses.

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

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

C. Game preserve, 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.

D. Utility transmission lines.

E. Sealed water supply wells, subject to the approval of the Township Engineer.

F. Sanitary sewers, subject to the approval of the Township Engineer.

G. Front, side, or rear yards, and required lot area, for any district provided such yards are not to be used for on-site sewage disposal systems or for non-wire fences or any other structure.

8. Prohibited Uses. The following uses and activities are specifically prohibited in floodplains:

A. Freestanding structures, buildings, and retaining walls, with the exception of flood retention dams, culverts, and bridges as approved by the Pennsylvania Department of Environmental Protection or its successor agency.

B. Relocation or alteration of any watercourse without approval of the Board of Supervisors and the Pennsylvania Department of Environmental Protection or its successor agency and subject to the following:

(1) No such approval shall be given by the Board of Supervisors without first obtaining a recommendation thereon of the Cumberland Township Planning Commission, Adams County Planning Commission, and Soil Conservation Service, U.S. Department of Agriculture or its successor agency.

(2) No such relocation or alteration shall take place without prior notification of abutting municipalities and the Federal Insurance Administration of the National Flood Insurance Program.

(3) The flood-carrying capacity of a watercourse shall not be reduced by any such relocation or alteration.

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

D. On-site sewage disposal systems.

E. Private water supply wells.

F. The construction, placement, enlargement, or expansion of manufactured homes.

G. The construction, enlargement, or expansion of hospitals (public or private).

H. The construction, enlargement, or expansion of nursing homes (public or private).

I. The construction, enlargement, or expansion of jails or prison.

J. Any new or substantially improved structure that will be used for the production or storage of any of the following dangerous materials or substances or that 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:

(1) Acetone.

(2) Ammonia.

(3) Benzene.

(4) Calcium Carbide.

(5) Carbon Disulfide.

(6) Celluloid.

(7) Chlorine.

(8) Hydrochloric Acid.

(9) Hydrocyanic Acid.

(10) Hydrofluoric Acid.

(11) Magnesium.

(12) Nitric Acid and Oxides of Nitrogen.

(13) Petroleum Products (gasoline, fuel, oil, etc.).

(14) Phosphorus.

(15) Potassium.

(16) Sodium.

(17) Sulphur and Sulphur Products (including sulphuric and sulphurous acids).

(18) Pesticides (including insecticides, fungicides, and rodenticides).

(19) Radioactive substances, insofar as such substances are not otherwise regulated.

(20) Any other dangerous materials or substances regulated by the appropriate federal or state agencies.

9. Conditional Uses. The Board of Supervisors is authorized to grant conditional uses for the following uses, subject to the advisory recommendations of the Planning Commission and Township Engineer and pursuant to the standards in Subsection 10:

A. Commercial recreation use, whether open to the public or restricted to private membership, such as parks, camps, picnic areas, golf courses, fishing, sport, or boating clubs; not to include enclosed structures excepting toilet facilities but permitting piers, docks, floats, or shelters usually found in developed outdoor recreational areas. No toilet facilities provided shall be connected to an on-site sewage disposal system.

B. Storm sewers or impoundment basins.

C. Outlet installations for sewage treatment plants and sewage pumping stations, with approval of the appropriate sewer authorities.

D. Dams, bridges, and culverts, approved by the Commonwealth of Pennsylvania, Department of Environmental Protection or its successor agency.

E. Paved roads, driveways, and parking lots, where required by the regulations for the district applicable to the lot without consideration of this section, provided that:

(1) In the case of roads and driveways no such facilities shall be permitted as a conditional use if practicable alternative alignments exist.

(2) In the case of parking facilities, no such facility shall be permitted as a conditional use unless satisfactory evidence is submitted that such parking will not be utilized during periods of flood flow, thus posing no threat to the safety of the vehicles, their users, and/or to downstream properties. Temporary parking for periods not to exceed one hour, and/or parking for recreation uses would be examples of such exceptions.

F. Grading or regrading of lands, including the deposit of top soils and the grading thereof, and the construction of retaining walls. An application for a conditional use for such use shall also be accompanied by a plan indicating the deposition of any fill or material proposed to be deposited by the grading or regrading of land; such fill or other materials shall be protected against erosion by rip-rap, vegetation cover, or bulkheading.

G. Forestry, lumbering, and reforestation in accordance with recognized natural resource conservation practices, but permitting no structures.

10. Standards for Conditional Uses or Variances. The Board of Supervisors, in considering a use as a conditional use, and the Zoning Hearing Board, in considering a variance, shall bear in mind the objectives of Subsection 1 and shall consider the following:

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

B. No conditional use or variance shall be granted for any construction, development, use, or activity within any FE area that would, together with all other existing and anticipated development, increase the one-hundred-year flood elevation more than one foot at any point.

C. If granted, any variance shall involve only the least modification necessary to provide relief.

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

E. The general welfare or public interest of Cumberland Township or of other municipalities in the same watershed shall not be adversely affected.

F. Any new structures or substantial improvements to existing structures permitted by conditional use or by variance shall be constructed and placed on the lot so as to offer the minimum obstruction to the flow of water, be designed to have a minimum effect upon the flow and height of flood water, and comply with the requirements of Subsections 14 through 17.

G. Any new structure or substantial improvement permitted as a Conditional Use or by Variance shall be subject to the requirements of Subsection 17.

H. Any additions to existing structures permitted as a conditional use or by variance shall have all utilities and facilities floodproofed in accordance with the provisions contained herein and in the Cumberland Township Building Code.

I. In granting a conditional use or variance, the Township shall attach whatever reasonable conditions and safeguards it considers necessary in order to protect the public health, safety, and welfare, and to achieve the objectives of this chapter.

11. Additional Standards for Variances. A property owner of a lot of record, as of the date of the enactment of this section, who is able to prove that the strict enforcement of this section would create undue hardship by denying a reasonable use of an existing lot that is situated either wholly or partially in the floodplain, may seek relief by applying for a variance from the Zoning Hearing Board. 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 Subsection 1 and will be consistent with the standards of Subsection 10. An affirmative decision shall be issued by the Zoning Hearing Board only upon a determination that it is the minimum necessary, considering the flood hazard, to provide relief, and that:

A. Good and sufficient cause has been shown.

B. Failure to grant the variance would result in exceptional hardship to the applicant.

C. Granting of the variance will neither:

(1) Result in an unacceptable or prohibited increase in flood height, additional threats to public safety, or extraordinary public expense.

(2) Create nuisances, cause fraud on, or victimize the public, or conflict with any other applicable state or local ordinances and regulations.

12. Application Procedures for Conditional Uses or Variances.

A. Whenever a variance is granted, the Township shall notify the applicant in writing that:

(1) The granting of the variance may result in increased premium rates for flood insurance.

(2) Such variances may increase the risks to life and property.

B. A complete record of all variance requests and related actions shall be maintained by the Township. In addition, a report of all variances granted during the year shall be included in the annual report to the Federal Insurance Administration.

C. Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capacity of resisting the one-hundred-year flood and no conditional use shall be granted by the Board of Supervisors and no variance shall be granted by the Zoning Hearing Board for any requirement pertaining to development that may endanger human life.

13. Procedures for Consideration of Conditional Uses or Variances.

A. 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 § 27-1102, Subsection 7, an application seeking approval of a Conditional Use or Variance shall be forwarded to the Board of Supervisors or Zoning Hearing Board, as appropriate, along with required studies or information and the findings of the Zoning Officer.

B. The application for conditional use or use by variance shall be accompanied by the following:

(1) Detailed engineering studies indicating the effects on drainage and streams on all adjacent properties as well as the property in question.

(2) An application for amending the boundaries of the floodplain if the boundaries will be affected by the proposed conditional use or use by variance.

C. Prior to the issuance of any permit, the Zoning Officer and Township Engineer shall review the application for permit to determine if all other necessary government permits required by state and federal laws have been obtained.

14. Technical Provisions.

A. No encroachment, alteration, or improvement of any kind shall be made to any watercourse until all adjacent municipalities that may be affected by such action have been notified by the municipality, and until all required permits or approvals have been first obtained from the Department of Environmental Protection, Bureau of Dams, Waterways and Wetlands or its successor agency. In addition, the Federal Emergency Management Agency and Pennsylvania Department of Community and Economic Development, Bureau of Community Planning, or its successor agency, shall be notified prior to any alteration or relocation of any watercourse.

B. Any new construction, development, uses, or activities allowed within any identified floodplain area shall be undertaken in strict compliance with the provisions contained in this chapter and any other applicable codes, ordinances, and regulations.

C. Special requirements for FW, FE, and FA areas:

(1) Within any FW (Floodway Area), the following provisions apply:

(a) Any new construction, development, use, activity, or encroachment that would cause any increase in flood heights will be prohibited.

(b) No new construction or development shall be allowed, unless a permit is obtained from the Department of Environmental Protection, Bureau of Dams.

(c) Waterways and wetlands or its successor agency.

(2) Within any FE (Special Floodplain Area), no new construction or development shall be allowed unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the elevation of the one-hundred-year flood more than one foot at any point.

(3) Within any FE (Special Floodplain Area) or FA (General Floodplain Area), the following provisions apply:

(a) No new construction or development shall be located within the area measured 50 feet landward from the top-of-bank of any watercourse.

(b) Any new construction or development that would cause any increase in flood heights shall be prohibited within any floodway area.

15. Elevation and Floodproofing Requirements.

A. Residential Structures. Within any identified floodplain area, any new construction or substantial improvement of a residential structure shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation.

B. Non-residential Structures.

(1) Within any identified floodplain area, any new construction or substantial improvement of a non-residential structure shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation, or be designed and constructed so that the space enclosed by such structure shall remain either completely or essentially dry during any flood up to that height.

(2) Any non-residential structure, or part thereof, having a lowest floor which is not elevated to at least 1 1/2 feet above the one-hundred-year flood elevation, shall be floodproofed in a completely or essentially dry manner in accordance with the W1 and W2 space classification standards contained in the publication entitled "Flood-Proofing Regulations" published by the U.S. Army Corps of Engineers (June 1972, as amended March 1992) or with some other equivalent standard. All plans and specification for such floodproofing shall be accompanied by a statement certified by a registered professional engineer or architect that states that the proposed design methods of construction are in conformance with the above referenced standards.

C. Space Below the Lowest Floor.

(1) Fully enclosed space below the lowest floor (including basement) is prohibited.

(2) Partially enclosed space below the lowest floor (including basement) that will be used solely for parking of a vehicle, building access, or incidental storage in an area other than a basement, shall be designed and constructed to allow for the automatic entry and exit of floodwaters for the purpose of equalizing hydrostatic forces on exterior walls. The term "partially enclosed space" also includes crawl spaces. Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or meet or exceed the following minimum criteria:

(a) A minimum of two openings having a net total area of not less than one square inch for every square foot of enclosed space.

(b) The bottom of all openings shall be no higher than one foot above grade.

(c) Openings may be equipped with screens, louvers, etc., or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

(3) Accessory Structures. Structures accessory to a principal building need not be elevated or floodproofed to remain dry, but shall comply, at a minimum, with the following:

(a) The structure shall not be designed or used for human habitation, but shall be limited to the parking of vehicles, or to the storage of tools, material, and equipment related to the principal use or activity.

(b) Floor area shall not exceed 600 square feet.

(c) The structure will have low damage potential.

(d) The structure will be located on the site so as to create the least obstruction to the flow of floodwaters.

(e) Power lines, wiring, and outlets will be at least 1 1/2 feet above the one-hundred-year flood elevation.

(f) Permanently affixed utility equipment and appliances such as furnaces, heaters, washers, dryers, etc., are prohibited.

(g) Sanitary facilities are prohibited.

(h) The structure shall be adequately anchored to prevent flotation or movement and shall be designed to automatically provide for entry and exit of floodwaters for the purposes of equalizing hydrostatic forces on the walls. Designs for meeting this requirement must either be certified by a registered engineer or architect, or meet or exceed the following minimum criteria:

1) A minimum of two openings have a net total area of not less than one square inch for every square foot of enclosed space.

2) The bottom of all openings shall be no higher than one foot above grade.

3) Openings may be equipped with screens, louvers, etc., or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

16. Design and Construction Standards. The following minimum standards shall apply for all construction and development proposed within any identified floodplain area:

A. Fill. If fill is used, it shall:

(1) Extend laterally at least 15 feet beyond the building line from all points.

(2) Consist of soil or small rock materials only - sanitary landfills shall not be permitted.

(3) Be compacted to provide the necessary permeability and resistance to erosion, scouring, or settling.

(4) Be no steeper than one vertical to two horizontal feet, unless substantiated data, justifying steeper slopes, are submitted to and approved by the Zoning Officer.

(5) Be used to an extent to which it does not adversely affect the adjacent properties.

B. Drainage Facilities. Storm drainage facilities shall be designed to convey the flow of storm water runoff in a safe and efficient manner. The system shall ensure proper drainage along streets, and provide positive drainage away from buildings. The system shall also be designed to prevent the discharge of excess runoff onto adjacent properties.

C. Water and Sanitary Sewer Facilities and Systems.

(1) All new or replacement water and sanitary sewer facilities and systems shall be located, designed, and constructed to minimize or eliminate flood damages and the infiltration of flood waters.

(2) Sanitary sewer facilities and systems shall be designed to prevent the discharge of untreated sewage into floodwaters.

(3) No part of any on-site sewage system shall be located within any identified floodplain area except in strict compliance with all state and local regulations for such systems. If any such system is permitted, it shall be located so as to avoid impairment to it, or contamination from it, during a flood.

D. Other Utilities. All other utilities such as gas lines and electrical and telephone systems shall be located, elevated (where possible), and constructed to minimize the chance of impairment during a flood.

E. Streets. The finished elevation of all new streets shall be no more than one foot below the regulatory flood elevation.

F. Storage. All materials that are buoyant, flammable, explosive, or, in times of flooding, could be injurious to human, animal, or plant life, shall be stored at or above the regulatory flood elevation and/or floodproofed to the maximum extent possible.

G. Placement of Buildings and Structures. All buildings and structures shall be designed, located, and constructed so as to offer the minimum effect upon the flow and height of floodwater.

H. Anchoring.

(1) All buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse, or lateral movement.

(2) All air ducts, large pipes, storage tanks, and other similar objects or components located below the regulatory flood elevation shall be securely anchored or affixed to prevent flotation.

I. Floors, Walls, and Ceilings.

(1) Wood flooring used at or below the regulatory flood elevation shall be installed to accommodate a lateral expansion of the flooring, perpendicular to the flooring grain, without causing structural damage to the building.

(2) Plywood used at or below the regulatory flood elevation shall be of a "marine" or "water-resistant" variety.

(3) Walls and ceilings at or below the regulatory flood elevation shall be designed and constructed of materials that are "water-resistant" or will withstand inundation.

(4) Windows, doors, and other components at or below the regulatory flood elevation shall be made of metal or other "water-resistant" material.

J. Paints and Adhesives.

(1) Paints and other finishes used at or below the regulatory flood elevation shall be of "marine" or "water-resistant" quality.

(2) Adhesives used at or below the regulatory flood elevation shall be of "marine" or "water-resistant" variety.

(3) All wooden components (doors, trim, cabinets, etc.) shall be finished with a "marine" or "water-resistant" paint or other finishing material.

K. Electrical Components.

(1) Electrical distribution panels shall be at least three feet above the one-hundred-year flood elevation.

(2) Separate electrical circuits shall serve lower levels and shall be dropped from above.

L. Equipment. Water heaters, furnaces, air conditioning and ventilating units, and other electrical, mechanical, or utility equipment or apparatus shall not be located below the regulatory flood elevation.

M. Fuel Supply Systems. All gas and oil supply systems shall be designed to prevent the infiltration of flood waters into the system and discharges from the system into flood waters. Additional provisions shall be made for the drainage of these systems in the event that flood water infiltration occurs.

17. Existing Structures in Identified Floodplain Areas.

A. Uses and/or Structures Rendered Nonconforming. Following the adoption of this section, any use or structure that is situated within the boundaries of a floodplain and that does not conform to the permitted uses specified in Subsection 7 herein, shall become a nonconforming use or structure, regardless of its conformance to the district in which it is located without consideration of this section.

B. Existing Structures or Uses. The provisions of this section do not require any changes or improvements to be made to lawfully existing structures. However, when an improvement is made to an existing structure, or when a reconstruction of an existing structure, destroyed by fire or other catastrophe, is proposed, the provisions of this section shall apply.

C. Expansion or Continuance of Nonconforming Structures or Uses.

(1) The expansion or continuance of a nonconforming use or structure that is nonconforming with respect to the district in which is located without consideration of this section shall be governed by the requirements of Part 17 of this chapter. However, the Zoning Hearing Board shall ensure that the standards contained in Subsections 11 and 12 as well as the provisions of this section, herein, are applied to the expansion or continuance of said use or structure.

(2) The expansion or continuance of a nonconforming use or structure that is rendered a nonconforming use or structure by adoption of this section shall be governed by the standards contained in Subsections 11 and 12 as well as the provisions of this section, herein. The Zoning Hearing Board shall ensure that these standards are enforced with respect to said nonconforming use or structure.

D. Standards for Improvements and Reconstruction. The following provisions shall apply whenever any improvement is made to an existing structure located within any identified floodplain area:

(1) No expansion, enlargement, or reconstruction of an existing structure shall be allowed within any floodway area that would cause any increase in the elevation of the one-hundred-year flood.

(2) No expansion, enlargement, or reconstruction of an existing structure shall be allowed within an FE area that would, together with all other existing and anticipated development, increase the one-hundred-year flood elevation more than one foot at any point.

(3) Any modification, alteration, reconstruction, or improvement of any kind to an existing structure, to an extent or amount of 50% or more of its market value, shall constitute a substantial improvement and shall be undertaken only in full compliance with the provisions of this chapter.

(4) Any modification, alteration, reconstruction, or improvement of any kind to an existing structure, to an extent or amount of less than 50% of its market value, shall be elevated and/or floodproofed to the greatest extent possible.

18. Abrogation and Greater Restrictions. This section supersedes any other conflicting provisions that may be in effect in identified floodplain areas. However, any other Ordinance provisions shall remain in full force and effect to the extent that those provisions are more restrictive. If there is any conflict between any of the provisions of this chapter, the more restrictive shall apply.

19. Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this section shall not be declared invalid for any reason whatsoever, such a decision shall not affect the remaining portions of the section, which shall remain in full force and effect, and for this purpose the provisions of this section are hereby declared to be severable.

20. Warning and Disclaimer of Liability. The degree of flood protection sought by the provisions of this section is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This section does not imply that areas outside any identified floodplain areas, or that land uses permitted within such areas, will be free from flooding or flood damages. This section shall not create liability on the part of the Township or any officer or employee thereof for any flood damages that result from reliance on this section or any administrative decision made thereunder.

§ 27-1103 Steep Slope Protection.

[Ord. 11/25/2003, § 1102]

1. Intent. The intent of this § 27-1103 is to protect hillsides and their related soil and vegetative resources, thereby minimizing adverse environmental effects. Specific objectives include the following:

A. Conservation and protection of steep and very steep slopes from inappropriate development such as excessive grading, land-form alteration, and extensive vegetation removal.

B. Avoidance of potential hazards to life and property and the disruption of ecological balance that may be caused by increased runoff, flooding, soil, erosion and sedimentation, blasting and ripping of rock, and landslide and soil failure.

C. Protection of the entire township from uses of land that may result in subsequent expenditures for public works and disaster relief and adversely affect the economic well-being of the township.

D. Encouragement of the use of steep and very steep slopes for open space and other uses that are compatible with the conservation and protection of natural resources.

2. Applicability and Scope. This section regulates the circumstances in which any use may occur on areas of steep slope or very steep slope. The regulations of this section apply to all districts in the township.

3. Permitted Uses in Areas of Steep Slope and Very Steep Slope. The following uses and no other are permitted in areas of steep slope and very steep slope:

A. Agricultural uses not requiring cultivation or structures.

B. Game preserve, wildlife sanctuary, woodland preserve, or similar conservation uses not requiring structures.

C. Passive recreation.

D. Sealed water supply wells with the approval of the Township Engineer.

E. Front, side, or rear yards, and required lot area, for any district provided such yards are not to be used for on-site sewage disposal systems or for non-wire fences or any other structures.

4. Prohibited Uses in Areas of Steep Slope and Very Steep Slope. The following uses and activities are specifically prohibited and shall not be subject to variance:

A. Structures, other than those associated with Subsections 5 and 6.

B. Cut and fill, other than in conjunction with uses associated with Subsections 5 and 6.

C. Soil, rock, or mineral extraction.

D. Removal of topsoil.

E. On-site sewage disposal systems.

F. Roads, driveways, and parking lots, other than those associated with Subsection 6E.

5. Conditional Uses in Areas of Very Steep Slope. The Board of Supervisors is authorized to grant conditional uses for the following uses, subject to recommendations of the Planning Commission and Township Engineer and pursuant to the standards of Subsections 7 and 8:

A. Agricultural cultivation and agricultural uses requiring structures.

B. Conservation uses requiring structures.

C. Passive recreation uses requiring structures.

D. Utility easements and rights-of-way.

E. Accessory structures to any permitted uses included in Subsection 3.

F. Individual driveways accessory to single-family detached dwellings only if the Board of Supervisors determines that no practicable alternative alignments exist.

6. Conditional Uses in Areas of Steep Slope. The Board of Supervisors is authorized to grant conditional uses for the following uses, subject to recommendations of the Planning Commission and Township Engineer and pursuant to the standards of Subsections 7 and 8:

A. Any conditional use identified in Subsection 5.

B. Single-family detached dwellings, when permitted in the district in which the property is located.

C. Recreation use, whether open to the public or restricted to private membership, such as parks, camps, picnic areas, and golf courses, when permitted in the district in which the property is located; not to include enclosed structures excepting toilet facilities but permitting small shelters usually found in developed outdoor recreational areas. Any toilet facilities provided shall be connected to central water and sewage systems.

D. Stormwater management facilities.

E. Roads, driveways, and parking lots, where required by the regulations for the district applicable to the lot without consideration of this section, provided that no practicable alternative alignments or locations exist.

F. Central sanitary sewer systems.

G. Accessory uses and structures customarily incidental to uses identified in this subsection.

7. Standards for Conditional Uses or Variances. The Board of Supervisors, in considering a use as a conditional use, and the Zoning Hearing Board, in considering a variance, shall bear in mind the objectives of Subsection 1 and shall consider the following:

A. Degree of modification proposed to the topographic, soil, and vegetation resources.

B. Techniques and extent of mitigation proposed to offset potential adverse environmental effects.

C. Effects on adjacent and neighboring properties.

D. Consistency of proposed uses with the objectives of Subsection 1.

8. Additional Standards for Conditional Uses or Variances. An affirmative decision shall not be issued by the Board of Supervisors for conditional uses nor by the Zoning Hearing Board for variances unless there is evidence that:

A. Development is being proposed on areas of steep slope or very steep slope only because no other alternative location is practicable.

B. Earthmoving activities and vegetation removal will be conducted only to the extent necessary to accommodate the proposed uses and structures and in a manner that will not cause excessive surface water runoff, erosion, sedimentation, and unstable soil conditions.

C. Mitigation techniques will be utilized including, but not limited to, retaining walls, tree wells, the establishment of ground covers and/or low spreading shrubs, and the use of erosion control fabric.

D. Proposed structures will be of sound engineering design, and footings will be designed in response to the site's slope, soil, and bedrock characteristics.

9. Application Procedures for Conditional Uses or Variances. 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 3, an application seeking approval of a conditional use or variance shall be forwarded to the Board of Supervisors or Zoning Hearing Board, as appropriate, along with required studies or information and the findings of the Zoning Officer. The application for conditional use or use by variance shall be accompanied by the following:

A. Plans drawn to a scale of at least one inch equals 50 feet depicting the following:

(1) Location, dimensions, and elevation of the property.

(2) Existing and proposed uses and development.

(3) Existing and proposed contours at two foot intervals.

(4) Location and boundaries of steep slopes and very steep slopes.

(5) Cross-sections and elevations of the property and proposed structures.

(6) Existing and proposed land cover characteristics of that portion of the property within the area of steep slope or very steep slope, indicating wooded areas, open areas, ground cover types, any areas with impervious surfaces, and subsurface soil types.

B. Photographs showing existing uses, vegetation, and topography of areas of steep slope or very steep slope.

C. Narrative report describing the slope, soil, and vegetation characteristics of that portion of the property within the area of steep slope or very steep slope. Such report shall also describe:

(1) Proposed types of structures and methods of construction, types of foundation system(s) to be employed, and proposed landscaping, sewage disposal, and water supply.

(2) Sediment and erosion control measures.

(3) Engineering and conservation techniques intended to alleviate adverse environmental effects that may be created by the proposed use.

§ 27-1104 Tree Protection.

[Ord. 11/25/2003, § 1103]

1. Intent. This section regulates tree removal in the Township. Trees contribute significantly to the community's scenic beauty, in preventing soil erosion, reducing flood hazards, improving air quality, neutralizing waste water, stabilizing the ground water table, moderating microclimate and protecting wildlife. Indiscriminate removal of trees would adversely affect the local economy by reducing the attractiveness and desirability of the area as a place to live, work, and visit.

2. Applicability and Scope. This section regulates the circumstances in which any tree with a trunk diameter in excess of specified dimensions may be removed, as defined in this section. The regulations of this section apply to all districts in the township, except that legitimate practitioners of agricultural production and forestry in agricultural districts shall be exempt in cases where trees are proposed to be removed to create open areas for cropland or horticulture, or where trees are proposed to be removed as part of normal agricultural or forestry operations.

3. Removal or Relocation of Trees. No person, organization, society, association, corporation, or any governmental agency or representative thereof; except those exempt by § 27-1104, Subsection 2, directly or indirectly, shall, without first obtaining a permit as herein provided, remove or relocate to another site more than three trees on a lot in any calendar year with a trunk 12 inches or greater in diameter, measured 4 1/2 feet above the natural grade, within a primary tree-protection zone, or more than three trees on a lot in any calendar year with a trunk 18 inches or greater in diameter, measured 4 1/2 feet above the natural grade, within a secondary tree-protection zone.

4. Removal or Relocation of Trees. Application Procedures and Conditions. Application permits for removal or relocation of individual trees or groups of trees covered herein shall be obtained by making application for permit to the Township. The application shall be accompanied by a written statement indicating the reasons for removal or relocation of trees and a general description of the trees to be relocated or removed. Prior to the issuance of a permit for tree removal or relocation, the Zoning Officer or his agent shall conduct an on-site inspection to determine whether or not such removal or relocation conforms to the requirements of this section. The Zoning Officer shall approve the permit if one or more of the following conditions is present:

A. Necessity to remove trees that pose a safety hazard to pedestrian or vehicular traffic or threaten to cause disruption of public services.

B. Necessity to remove trees that pose a safety hazard to buildings.

C. Necessity to remove diseased trees or trees weakened by age, storm, fire, or other injury.

D. Necessity to observe good forestry practices.

E. Necessity to remove trees in order to construct proposed improvements as a result of:

(1) Need for access to the site for construction equipment.

(2) Location of proposed structures, where alternative positions are unfeasible.

(3) Need for access around structures during construction.

(4) Essential grade changes.

(5) Surface water drainage and utility installations.

F. Necessity for compliance with other Township codes such as building, zoning, subdivision regulations, health provisions, and other ordinances.

5. Permit Application Review Period. The Zoning Officer shall have 21 days after receipt of an application filed pursuant to Subsection 4 in which to approve or deny the requested permit. In the event that the Zoning Officer denies an application, he shall specify to the applicant in writing the reason for his action. If no final action with respect to an application is taken within the required 21 days, the application shall be deemed to have been granted.

6. Tree Replacement Requirement. Any tree removed pursuant to the permitting procedures outlined in § 27-1102, Subsection 4E, in order to construct proposed improvements shall be replaced on the lot in question with two new trees with trunks not less than three inches in diameter, measured two feet above the ground line. Prescribed new trees shall not be placed on the lot as street trees or in place of trees required as part of a buffer area except in cases where tree(s) removed qualified as street trees or part of required buffer areas. Prescribed new trees shall be guaranteed by the lot owner for a period of three years. Any planted material that dies within this period shall be replaced by the lot owner at his expense. Subsequent to the determination of those trees to be removed, the Board of Supervisors may determine that the remaining tree coverage is substantial enough to grant a waiver of the requirement to provide some or all of the replacement trees herein required.

7. Hazardous or Emergency Conditions. In the event that any tree shall be determined to be a hazardous or dangerous condition so as to endanger the public health, welfare, or safety and requires immediate removal without delay, authorization by telephone may be given by the Zoning Officer without obtaining a written permit as is otherwise required in Subsection 4.