[Ord. 95-07, 12/14/1995, § 1300; as amended by
Ord. 2001-05, 12/20/2001, § I; by Ord. 2002-03, 2/21/2002,
§ I; and by Ord. 2008-04, 11/19/2008, § 1]
The Steep Slope Overlay District has been designed to promote
public health, safety and welfare of the Township residents through
limiting environmental disturbance on land with natural steep slopes.
The district is intended to protect and conserve hillsides from excessive
development which could cause accelerated erosion and increased runoff,
resulting in increased flood hazards downstream. The district attempts
to protect natural vegetation so as to maintain a high quality of
water in the various streams flowing through the Township.
[Ord. 95-07, 12/14/1995, § 1301; as amended by
Ord. 2001-05, 12/20/2001, § I; by Ord. 2002-03, 2/21/2002,
§ I; and by Ord. 2008-04, 11/19/2008, § 1]
1.
The Steep Slope Overlay District includes lands bearing slopes of
15% or greater and an upslope margin. Slope shall be measured as the
vertical distance (rise) divided by the horizontal distance (run).
Slope shall be calculated by field survey and from data on the United
States Geological Survey Topographic Maps for the West Grove and Newark
West Quadrangle. An area that qualifies as steep slope shall be measured
over a minimum of three consecutive contour lines (six feet) horizontally
and 500 square feet in area. Man-made slopes, as determined by the
Township Engineer, shall not qualify as part of the Steep Slope Overlay
District.
[Ord. 95-07, 12/14/1995, § 1302; as amended by
Ord. 2001-05, 12/20/2001, § I; by Ord. 2002-03, 2/21/2002,
§ I; and by Ord. 2008-04, 11/19/2008, § 1]
The Steep Slope Overlay District, based on the delineations cited in § 27-1402, shall be deemed an overlay to the otherwise applicable zoning district as defined by the Franklin Township Zoning Map. Should the Steep Slope Overlay District be determined as inapplicable to any tract by reason of amendment by the Board of Supervisors or a court of competent jurisdiction, the underlying zoning provisions shall be deemed applicable and shall be enforced independent of this Part.
[Ord. 95-07, 12/14/1995, § 1303; as amended by
Ord. 2001-05, 12/20/2001, § I; by Ord. 2002-03, 2/21/2002,
§ I; and by Ord. 2008-04, 11/19/2008, § 1]
1.
To assist in the interpretation of the Steep Slope Overlay District
boundaries, any application where these standards apply shall delineate
slopes from 15% to less than 25% and slopes 25% and greater using
two-foot contour intervals. The two categories of steep slopes shall
be identified on the land through shading or some other means. Within
this district, slope shall be determined through a field survey by
a registered surveyor or engineer licensed to practice in the Commonwealth
of Pennsylvania and from data on aerial topographic maps. The use
of USGS quadrangle maps shall not be recognized as an acceptable source
of information for this determination.
2.
Initial interpretations shall be made by the Zoning Officer. Where
interpretation is needed as to the exact location of such boundaries,
as in the case of a conflict between mapped boundaries and actual
field conditions, such interpretation shall be made by the Township
Engineer with a written report submitted to the Board of Supervisors.
3.
Any party aggrieved by a determination by the Township Engineer may
appeal their case before the Board of Supervisors.
[Ord. 95-07, 12/14/1995, § 1308; as amended by
Ord. 2001-05, 12/20/2001, § I; by Ord. 2002-03, 2/21/2002,
§ I; and by Ord. 2008-04, 11/19/2008, § 1]
1.
In addition to building and use permits which may be otherwise required,
a zoning permit shall be required for any land disturbance to improved
or unimproved real estate in the Steep Slope Overlay District. Application
for a zoning permit shall be filled with the Zoning Officer. A permit
will only be issued after it has been determined that the proposed
use or structure will be in conformance with the provisions of this
Part.
2.
A zoning permit shall be valid for one year from the date of issuance.
In no event shall any fees paid to the Township for a zoning permit
be refundable.
[Ord. 95-07, 12/14/1995, § 1306; as amended by
Ord. 2001-05, 12/20/2001, § I; and by Ord. 2002-03, 2/21/2002,
§ I]
All structures and tracts of land shall hereafter be used in full compliance with the provisions of this chapter. Any land altering activity shall not commence without first obtaining a zoning permit as defined in § 27-2309.
[Ord. 95-07, 12/14/1995, § 1304; as amended by
Ord. 2001-05, 12/20/2001, § I; by Ord. 2002-03, 2/21/2002,
§ I; and by Ord. 2008-04, 11/19/2008, § 1]
1.
Moderately Steep Slope District.
A.
Disturbance Limitation. No more than 25% of the Moderately Steep
Slope District shall be regraded, cleared, built upon, or otherwise
altered or disturbed. Such disturbance shall be limited to those uses,
or accessory uses permitted below.
B.
Uses by Right.
(1)
Agricultural Uses, Including Tree Farming. Such uses shall be
conducted in conformity with conservation and best management practices
including minimum tillage methods accepted by the Natural Resources
Conservation Service and the Chester County Conservation District.
(3)
Arboretum, woodland preserve, or conservation and recreation uses including open space associated with cluster development, governed by § 27-1611.
(4)
Single-family dwelling.
(5)
Roads necessary to provide required access to the site if the
criteria listed below are met. The burden of proof to demonstrate
that these criteria have been met rests with the applicant:
2.
Severely Steep Slope District.
A.
Disturbance Limitation. No more than 15% of the Severely Steep Slope
District shall be regraded, cleared, built upon, or otherwise altered
or disturbed. Such disturbance shall be limited to those uses or accessory
uses permitted below.
C.
Uses by Special Exception.
(1)
Agricultural Uses, Including Tree Farming. Such uses shall be
conducted in conformity with conservation and best management practices,
including minimum tillage methods, accepted by the Natural Resources
Service and the Chester County Conservation District.
(2)
Conservation and recreation uses requiring structures.
(3)
Single-family dwelling.
(4)
Enlargement or alteration to an existing dwelling.
(5)
Sewer, water, and other utility lines when it can be demonstrated
that no other routing for utility lines is feasible.
(6)
Accessory agricultural uses and structures.
(7)
Accessory residential uses and structures.
(8)
Parking areas to serve recreational areas using permeable paving.
(9)
Stormwater management facilities.
[Ord. 95-07, 12/14/1995; as added by Ord. 2008-04, 11/19/2008,
§ 1]
1.
Development within the Steep Slope Overlay District shall meet the
following criteria and standards:
A.
Proposed land disturbance or the construction of buildings or structures
shall be conducted in such a manner as to provide the least alteration
necessary of the existing grade, vegetation, and natural soils condition
and in a manner that will not cause excessive surface water runoff,
erosion, and unstable soil conditions.
B.
Excessive cut and fill shall be avoided. New roads and improvements
to existing roads should be designed within the existing contours
of the land to the extent possible and strive for compatibility with
the character of existing rural roads.
C.
Removal of or disturbance to existing vegetation in steep slope areas
shall be minimized.
D.
Important visual qualities of the site shall be retained to the maximum
extent possible. In addition to vegetation, these may include hilltops/ridgelines,
rock outcroppings, and the natural terrain and contours of the site.
E.
Road and driveway construction shall follow the natural topography
to the maximum extent possible.
F.
Driveway gradients shall not exceed 10% slope.
G.
Innovative building techniques that are well suited to steep slope
conditions shall be encouraged, consistent with other applicable codes
and regulations.
H.
The stability of the slope, as characterized by the existing interrelationships
among the soil, vegetation, and rock, shall be disturbed as little
as possible.
I.
Finished slopes of all permitted cut and fill shall not exceed 3
to 1 or 33%, unless the applicant can demonstrate the method by which
steeper slopes can be stabilized and maintained adequately.
[Ord. 95-07, 12/14/1995; as added by Ord. 2008-04, 11/19/2008,
§ 1]
1.
In addition to the provisions established in Part 21 for special
exception or variance, the following criteria shall be considered
by the Zoning Hearing Board for applications which involve the Steep
Slope Overlay District:
C.
The adequacy of access to the site for emergency vehicles shall be
subject to review by the Fire Marshal or his designee. The necessary
information shall be submitted by the applicant to the Fire Marshal
or his designee for his review.
[Ord. 95-07, 12/14/1995; as added by Ord. 2008-04, 11/19/2008,
§ 1; and as amended by Ord. 2013-04, 12/18/2013, § 9]
1.
The applicant shall submit the following information to assist the
Township in its evaluation of compliance with the provisions of this
chapter:
A.
A site plan of the property indicating existing grades with contour
lines at two-foot intervals, including proposed final grades.
B.
Plan, profile, and typical cross-sections of any proposed street,
emergency access, or driveway within areas of steep slopes shall be
provided, sealed by a registered professional engineer.
C.
The plan shall delineate all other natural resources on the site
as required in Part 25.
D.
Architectural plans, where applicable, including materials and type
of foundation to be used to overcome structural problems associated
with the slope conditions. The plan shall also include information
indicating how sewage disposal and water supply will be accommodated.
E.
An engineer's certification that any structure in a steep slope area
is properly designed to resist the forces that may be exerted on a
foundation at the higher portion of the slope, i.e., the portion of
the foundation at a higher elevation may be subject to different horizontally
imposed forces than the portion located at a lower elevation.
[Ord. 95-07, 12/14/1995, § 1305; as amended by
Ord. 2001-05, 12/20/2001, § I; by Ord. 2002-03, 2/21/2002,
§ I; and by Ord. 2008-04, 11/19/2008, § 1]
1.
The following uses shall be prohibited in the Steep Slope Overlay
District:
A.
Cut-and-fill operations other than specifically associated with a
permitted use or special exception.
B.
Soil, rock or mineral extraction.
C.
Structures other than those specified as a permitted use or special
exception.
D.
Sanitary sewers using on-site subsurface disposal fields on slopes
of 25% or greater, including septic tanks, seepage beds, or drainfields.
E.
Streets, parking lots and other impervious surfaces on slopes of
25% or greater, excluding private driveways associated with an approved
single-family residence.
F.
Clear-cutting or grubbing of trees shall be prohibited on slopes
of 25% or greater.
[Ord. 95-07, 12/14/1995, § 1307; as amended by
Ord. 2001-05, 12/20/2001, § I; by Ord. 2002-03, 2/21/2002,
§ I; and by Ord. 2008-04, 11/19/2008, § 1]
1.
Existing structures within the Steep Slope Overlay District which
do not conform to the provisions of this Part shall comply with the
following regulations:
A.
Any modification, alteration, enlargement or improvement of any kind
to an existing structure in the Steep Slope Overlay District shall
be reviewed by the Township Engineer to ensure its environmental and
structural soundness.
[Ord. 95-07, 12/14/1995, § 1309; as amended by
Ord. 2001-05, 12/20/2001, § I; by Ord. 2002-03, 2/21/2002,
§ I; and by Ord. 2008-04, 11/19/2008, § 1]
1.
The delineation of the Steep Slope Overlay District boundaries may
be modified by the Board of Supervisors should doubt arise as to the
proper location. Modifications shall be based upon the actual extent
of the slope as shown in a sealed engineer's drawing and upon recommendation
of the Township Engineer.
2.
In the event an alleged discrepancy in district boundaries is upheld
by the Zoning Hearing Board, the tract(s) in question, if determined
not to be within the steep slope area, shall not be bound by the regulations
in this Part but to the regulations of the underlying zoning.
