[Ord. 147, 8/11/2008, § 408]
1.
In addition to the general intent set forth in § 27-102 of this chapter, the specific purpose of this section is as follows:
A.
To promote the public health, safety and welfare by protection of
steep slope areas.
B.
To permit only those uses of steep slope areas which are compatible
with the conservation of natural conditions and which maintain stable
soil conditions by minimizing disturbances to vegetative ground covers
and restricting the re-grading of steep slope areas.
C.
To limit soil erosion and the resultant destruction of the land,
siltation of streams and damage to the property of individuals.
D.
To protect low-lying areas from flooding by limiting the increase
in stormwater runoff caused by grading of slope areas, changes of
ground cover or the erection of structures.
E.
To maintain the ecological integrity and habitat value of steeply
sloped areas, i.e., indigenous vegetation and wildlife, which could
be adversely affected by otherwise permitted disturbances.
[Ord. 147, 8/11/2008, § 409]
1.
No area within the Steep Slope Conservation District shall hereafter
be developed without full compliance with the terms of this section
and other applicable regulations. The Steep Slope Conservation District
shall be deemed to be an overlay on any zoning district(s) now or
hereafter enacted to regulate the development of land in the Township.
2.
The Steep Slope Conservation District shall have no effect on the
permitted uses in the underlying zoning district, except where said
uses are intended to be located within the boundaries of the Steep
Slope Conservation District, as defined herein, and said uses are
in conflict with the permitted uses set forth in this Part.
3.
In those areas of the Township where the Steep Slope Conservation
District applies, the requirements of the Steep Slope Conservation
District, to the extent they are more restrictive, shall supersede
the requirements of the underlying zoning district.
4.
Each application for construction or land disturbance within the Steep Slope Conservation District shall be submitted in accordance with § 27-414, herein. Any area of the Steep Slope Conservation District that falls within the subject lot or lots shall be interpolated and shown on the site plan required under § 27-414, Subsection 1B, through shading of such area or areas.
5.
Should the Steep Slope Conservation District boundaries be revised,
to exclude previously included lands, as a result of legislative or
administrative action or judicial decision, the zoning requirements
applicable to the area in question shall revert to the requirements
of the underlying zoning district(s) without consideration of this
Part.
6.
For any parcel or any part thereof on which the Steep Slope Conservation
District is an overlay, should the underlying zoning classification(s)
be changed as a result of legislative or administrative actions or
judicial decision, such change(s) in classification shall have no
effect on boundaries of the Steep Slope Conservation District, unless
an amendment to said boundaries was included as part of the proceedings
from which the subsequent change(s) originated.
7.
It is not intended by this section to repeal, abrogate, or impair
any existing easements, covenants, or deed restrictions. However,
where this Part imposes greater restrictions, the provisions of this
Part shall prevail.
8.
The granting of a zoning permit or approval of a subdivision or land
development plan within or near the Steep Slope Conservation District
shall not constitute a representation, guarantee, or warranty of any
kind by the Township, or by any official or employee thereof, of the
practicability or safety of the proposed use, and shall create no
liability upon the Township, its officials or employees. This chapter
does not imply that areas outside the Steep Slope Conservation District
boundaries or land uses permitted within said Steep Slope Conservation
District will always be totally free from the adverse affects of erosion.
[Ord. 147, 8/11/2008, § 410; as amended by Ord.
184, 10/10/2011, § III]
[Ord. 147, 8/11/2008, § 411]
1.
In any part of the Steep Slope Conservation District, all grading
shall be minimized, and no grading shall be undertaken within any
area of the Steep Slope Conservation District except where approved
in conjunction with a use permitted under the terms of this section.
2.
The following are the only uses permitted as of 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 top soil unless replaced by approved engineered
structures.
A.
Parks and outdoor recreational uses, consistent with the goals of
watershed protection.
B.
Yard areas within the Steep Slope Conservation District.
C.
Pastures and other agricultural activities such as tree farming that
do not expose the soil to erosion on a regular periodic basis.
D.
Logging and woodcutting, where such activity is limited to highly
selective removal of trees and does not involve clear-cutting. Maximum
precautions shall be taken to avoid destruction of or injury to under-story
brush and trees.
E.
The minimum possible grading for a driveway, which grade shall not
exceed 15%, accessing a single-family dwelling or other building when
it can be demonstrated that no other routing that avoids prohibitive
slopes is feasible or economically reasonable.
F.
The minimum possible installation of public or private transmission
lines such as power, phone, gas, water, sewer or storm sewer lines
when it can be demonstrated that no other routing that avoids prohibitive
slopes is practicable or economically reasonable.
3.
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.
A.
All uses permitted in areas of prohibitive slopes.
B.
Tree farming, forestry, and other agricultural uses when conducted
in conformity with conservation practices, including minimum tillage
methods, approved by the Natural Resources Conservation Service or
the Chester County Conservation District.
C.
Access roads for the passage of emergency vehicles in the event of
fire or accident.
D.
Accessory uses (except swimming pools), necessary for the operation
and maintenance of the above permitted uses.
[Ord. 147, 8/11/2008, § 412]
1.
Any of the following uses are permitted within the Steep Slope Conservation District when approved as a special exception by the Zoning Hearing Board in accordance with the provisions of Part 15 of this chapter provided that the applicant demonstrates that there is no alternative that could avoid encroachment into areas of prohibitive slope:
[Ord. 147, 8/11/2008, § 413]
1.
Any use permitted by variance within the Steep Slope Conservation District when approved as a variance by the Zoning Hearing Board in accordance with the provisions of Part 15 of this chapter:
A.
Within any lot, areas classified as prohibitive slopes may be permanently
disturbed for the installation of site improvements subject to the
granting of a variance by the Zoning Hearing Board. On any lot, the
total amount of impervious surface that may be installed within areas
of prohibitive slope shall not exceed 20% of the total impervious
area permitted according to the provisions of the underlying base
zoning district.
B.
Within any lot, areas classified as precautionary slopes may be permanently
disturbed for the installation of site improvements, subject to the
granting of a variance by the Zoning Hearing Board. On any lot, the
total amount of impervious surface that may be installed within areas
of precautionary slope shall not exceed 40% of the total impervious
area permitted according to the provisions of the underlying base
zoning district.
[Ord. 147, 8/11/2008, § 414]
1.
Administration of this section is governed by Part 16 of this chapter. In addition, the following specific application procedure requirements shall apply:
A.
Before a permit is issued for any construction or land disturbance
activity on land within or affecting the Steep Slope Conservation
District, the following material, in full or in pertinent parts, shall
be submitted for review by the Zoning Officer or the Zoning Hearing
Board. If the disturbed land contains no steep slopes the application
may be reviewed by the Zoning Officer. Conversely, if the disturbed
land contains steep slopes the application must be reviewed by the
Zoning Hearing Board. No zoning permit shall be issued by the Zoning
Officer and no special exception shall be granted by the Zoning Hearing
Board without the Township Engineer's review of this material and
recommendation thereon.
(1)
A grading plan of the property at a scale of no more than 100
feet to the inch which indicates existing grades and proposed grades,
both at two foot intervals, within the area of any proposed activity,
disturbance, or construction. All areas of prohibitive and/or precautionary
slope shall be shaded accordingly.
(2)
A site plan indicating existing and proposed development, structures,
other impervious surfaces, storm drainage facilities, and retaining
walls. The site plan also shall located and identify existing vegetation
and ground cover within areas of prohibitive and precautionary slopes,
as well as proposed landscaping material to be installed.
(3)
Architectural engineered plans, elevations, and sections with
such specifications as may be pertinent.
(4)
A statement, signed and sealed by a registered architect or
engineer, providing construction methods to be used for foundations
and other structural situations affected by steep slopes, and addressing
methods to preserve the natural watersheds, and prevent soil erosion
and excessive surface water runoff to adjacent properties and/or streets.
(5)
Plans, profiles, and typical cross-sections of any proposed
street, emergency access, or driveway within areas of prohibitive
and precautionary slopes, sealed by a registered professional engineer.
(6)
A sediment and erosion control plan, with construction narrative,
setting forth the measures to control sediments generated on site
by the proposed activity. The plan shall be prepared according to
the standards and procedures established by the Natural Resources
Conservation Service and the Pennsylvania Department of Environmental
Protection.
(7)
A statement, signed by the landowner or equitable owner at the
time of the subdivision, land development, or building permit application,
that there is a full understanding of access as it relates to steep
slopes.
[Ord. 147, 8/11/2008, § 415; as amended by Ord.
184, 10/10/2011, § III]
1.
In evaluating any application for a special exception within the
Steep Slope Conservation District, the Zoning Hearing Board shall
determine consistency of the proposal with the following:
A.
Disturbance to particularly sensitive features of the site shall
be minimized. Site planning emphasis should be given to the protection
of:
B.
Disturbance of steep slopes shall be minimized on the site and on
adjacent lands within 200 feet of the site.
C.
The proposed development, any impervious ground cover, and the resultant
disturbance to the land and existing vegetative cover will not cause
runoff and/or related environmental problems off the site.
D.
Removal of, or disturbance to, existing vegetation on the site shall
be minimized. The proposed impacts on existing vegetation shall be
evaluated in terms of the potentially detrimental effects on slope
stability, transportation and recharge of stormwater, aesthetic and
traditional characteristics of the landscape, and existing drainage
patterns. The Board may require mitigation measures as it deems appropriate.
E.
The design and construction procedures and sediment and erosion control
measures are such that there is no risk of damage or impairment to
adjacent slopes, neighboring properties or down-slope watercourses
as a result of the proposed activities.
F.
Important visual qualities of the site shall, to the maximum extent
feasible, be retained; in addition to vegetation, these may include
hilltops, ridgelines, rock outcroppings and the natural terrain and
contours of the site.
G.
Road construction shall follow the natural topography, with cuts,
fills and grading minimized.
H.
Innovative, imaginative building techniques that are well suited
to slope conditions shall be encouraged, consistent with other applicable
codes and regulations.
I.
The equilibrium of the slope, as characterized by the existing interrelationships
among soil, water, and vegetation, shall be disturbed as little as
possible.
J.
Finished slopes of all cuts and fills shall not exceed 33%, unless
the applicant can demonstrate that steeper slopes can be stabilized
and maintained adequately to the satisfaction of the Township.
K.
Exposed cut slopes within or below prohibitive slopes shall be minimized
so that engineered retaining walls or other structures are utilized
to the greatest extent practicable to maintain the stability of the
disturbed slopes and reduce the risk of harm by reason of erosion
and potential slope failure resulting in mudslides.
L.
In addition to all other applicable provisions of this chapter, all activities within the Steep Slope Conservation District shall conform to the performance standards set forth in § 27-410 and §§ 27-412 through 27-416, herein and § 22-424 of Subdivision and Land Development Ordinance [Chapter 22] relating to stormwater management and sediment and erosion control.
[Ord. 147, 8/11/2008, § 416]
Following the adoption of this Part, any use or structure which is situated within the boundaries of the Steep Slope Conservation District and which does not conform to the permitted uses specified in §§ 27-412, 27-413 and 27-414 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. The expansion or continuance of said nonconforming use or structure shall be governed by the requirements of Part 19 of this chapter. However, the Zoning Hearing Board shall also ensure that the standards contained in § 27-1509 of this chapter are applied to the expansion or change of said nonconforming use or structure.
[Ord. 147, 8/11/2008, § 417]
1.
Seasonally high water table soils, as defined in Part 2, herein,
shall not be disturbed by the construction of any structure or any
subsurface sewage system. Such soils are those soils in which the
groundwater is one foot or less from the ground surface at certain
times of the year and/or as noted in the Soil Survey of Chester and
Delaware Counties, Pennsylvania as having a periodically seasonally
high water table.
2.
Wetlands shall be determined to exist where indicated by the use
of the Criteria for Wetland Identification as outlined in the Federal
Manual for Identifying and Delineating Jurisdictional Wetlands as
adopted by the Pennsylvania Department of Environmental Protection.
Where wetlands are found to exist, the following procedures are applicable:
A.
Should the existence of wetlands be indicated after a review of the requirements of Subsection 2, above, a wetlands delineation shall be performed by a licensed professional engineer, hydrogeologist, soil scientist, or similarly qualified professional experienced in wetland ecology, with the selection of such party to be at the discretion of the applicant. Plans shall be submitted to the Township for review that show the delineation and indicate any disturbance of wetlands anticipated. The qualifications of the consultant performing the delineation shall be submitted with such plans. Further, unless it is clearly evident in such plans and/or by any field review of the Township Engineer that there are no designated wetlands or, if there are, that no disturbance to the designated wetlands is anticipated, the delineation performed shall be submitted to the appropriate regulatory agencies, including, but not limited to, the U.S. Army Corps of Engineers and the Pennsylvania Department of Environmental Protection for boundary confirmation and/or requisite wetland permits. All potential impact on wetlands shall conform to applicable regulations, as amended.
B.
Should the Township conclude, after reviewing the information to be determined under Subsections 2 and 2A, above, that wetlands exist, or exist to a greater extent on the site, contrary to the applicant's findings, the Township may engage a separate consultant or an independent consultant to review the data and make such examinations in the field as are required to verify or determine the extent of discrepancy from the applicant's wetland determinations. In the event the Township finds the applicant's determination to be incorrect, the applicant shall be required to pay for the cost of the Township's determinations in this regard. In the event that the applicant's wetland determinations are found to be correct, the Township will bear the cost of the verification survey indicated.
C.
Where wetlands exist and disturbance permits and/or mitigation activities
are required, final plan approval or granting of applicable permits
from the Township shall be contingent upon the applicant receiving
all necessary wetlands permits, and/or waivers permit.
[Ord. 147, 8/11/2008, § 418; as amended by Ord.
152, 12/8/2008, § I; and by Ord. 184, 10/10/2011, § V]
1.
Specified watercourses and their associated buffers shall be protected in accordance with the standards of this section. A riparian buffer area, as defined in this chapter, shall be provided, within which no land disturbance shall be permitted except as provide in Subsection 2 below.
2.
The following uses and activities shall be permitted within the riparian
buffer.
A.
Regulated activities permitted by the Commonwealth of Pennsylvania
(i.e., permitted stream crossing with a maximum 10% disturbance).
B.
Provision for unpaved trail access.
C.
Selective removal of hazardous or invasive vegetative species as
defined by the Pennsylvania Department of Environmental Protection.
D.
Vegetation management in accordance with an approved landscape plan
or open space management plan.
E.
A soil or stream conservation project, including reforestation and
stream bank stabilization, approved by the Chester County Conservation
District.
[Ord. 147, 8/11/2008, § 419]
1.
General Applicability. All persons undertaking any of the following activities shall comply with the provisions of § 22-428 of the Subdivision and Land Development Ordinance [Chapter 22] and §§ 27-1309 and 27-1310 of this chapter:
C.
Construction of any of the following structures or facilities that
exceed 2,000 square feet in ground coverage:
(1)
Public utility structures and facilities.
(2)
Liquid and solid waste collection, storage, conveyance, and
treatment facilities.
(3)
Stormwater management basins and related facilities, excluding
individual on-lot basins that serve only one dwelling.
(4)
Any other structure or facility of a similar character or impact.
D.
Land disturbance activities, excluding those of an agricultural nature,
exceeding one acre.
