[Ord. 6/20/1979; as amended by Ord. 159-2010, 10/4/2010,
§ 6]
1. Compliance. No area within the Steep Slope Conservation District
shall hereafter be used without full compliance with the terms of
this Part and other applicable regulations.
2. Preservation of Other Restrictions. It is not intended in this Part to repeal, abrogate or impair any existing zoning or subdivision regulations, easements, covenants, or deed restrictions, except that where this Part imposes greater restrictions, its provisions shall prevail. Further, nothing contained in this Part shall diminish in any way the provisions of Charlestown Township's Stormwater Management Ordinance [Chapter
23]; the Pennsylvania Department of Environmental Protection's Clean Streams Law, 35 P.S. § 691.1 et seq., and 25 Pa. Code, Chapter 102, pertaining to erosion control; and any other applicable Township, county, state, or federal laws and regulations.
3. Boundary Definition and Mapping.
A. The Steep Slope Conservation District is comprised of areas of steep
and very steep slopes, as shown on the Steep Slope Conservation District
Map which is attached to and made part of this chapter. The District
Map constitutes only a general representation of steep and very steep
slopes, based on the analysis of the contours displayed on the United
States Geological Survey (USGS) Quadrangles for Malvern and Phoenixville,
Pennsylvania. As such, refined mapping will be required to more accurately
define the District, as specified in Subsection 3E herein.
B. Areas of steep slope are characterized by a change in elevation from
15 to 25% over a distance or contour specified in Subsection 3E.
C. Areas of very steep slope are characterized by a change in elevation
greater than or equal to 25% over a distance or contour specified
in Subsection 3E.
D. The Steep Slope Conservation District Map shall be considered as an overlap to the Charlestown Township
Zoning Map subject to the following:
(1)
The District shall have no effect on the permitted uses in the underlying zoning district, except where said uses, intended to be located within the boundaries of the District, are in conflict with the permitted uses set forth in §
27-1203, herein.
(2)
In those areas of the Township where the District applies, the
requirements of the District shall supersede the requirements of the
underlying zoning district(s).
(3)
Should the District boundaries be revised as a result of 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 section.
E. Interpretation of District Boundaries.
(1)
The Steep Slope Conservation District Map shall be used as a general guide for determining the boundaries of the District. In any application for subdivision and or land development, the applicant shall, using two-foot contours, delineate slopes from 15 to 25% and greater than or equal to 25%. Further, the applicant shall use an actual field topographic survey as the source of contour information as required in the Charlestown Township Subdivision and Land Development Ordinance of 1982 [Chapter
22], as amended from time to time.
(2)
Once delineated, the mapping of the applicant will be reviewed
by the Planning Commission and Township Engineer. The applicant will
be required to follow all regulations of this Part for those areas
which reflect steep slope and very steep slope conditions as determined
through the Planning Commission's and or Township Engineer's
review.
(3)
The representative sample of a steep slope or very steep slope
shall be based on a cumulative change in grade of six feet or more.
Therefore, all steep and very steep slope areas shall be shown, but
only those occurring over three consecutive two-foot contour intervals
will invoke the use restrictions herein.