[Ord. 275, 2/9/2000, § 501]
1.
All uses shall be developed in a manner consistent with the preservation
of the quality of the existing environment and of any natural amenities
present on the site.
2.
All uses shall provide for the preservation and the minimum destruction
of natural drainage areas, minimum grading and destruction of the
ground surface, the preservation of substantial stands of trees and
forested areas, and the preservation of attractive views and any other
natural features existing on the site.
[Ord. 275, 2/9/2000, § 502]
1.
No land or structure in any zoning district shall be used or occupied
in any manner that creates any:
A.
Dangerous, injurious, noxious or otherwise objectionable condition.
B.
Fire, explosion or other hazards.
C.
Heat, electromagnetic or other radiation.
E.
Smoke, dust, odor or other form of air pollution.
F.
Any other condition in such manner or in such amount as to adversely
affect the reasonable use or value of the surrounding area or adjoining
premises or be dangerous to public health or safety.
[Ord. 275, 2/9/2000, § 503; as amended by Ord.
356, 12/12/2012, § 1]
1.
Purposes. The purpose of this Section is to provide for the reasonable
use of steep slopes while ensuring development will not cause soil
erosion, require excessive grading, increase slope instability, create
sewage disposal problems and shall be in conformance with the following
objectives:
A.
Guard against property damage, personal injury, minimize the potential
for erosion, slope failure, stream siltation, increased runoff, flooding,
and contamination of surface waters caused by the adverse effects
of site preparation and construction on steep slopes.
B.
Conserve existing woodlands for air and water quality benefits, recognizing
that wooded areas are more difficult to stabilize with vegetation
and require additional levels of protection.
C.
Permit land uses by right that are compatible with protection of
steep slope areas, and encourage the use of steep slope areas for
open space and conservation uses.
D.
Require all land use, clearing, grading, and construction in steep
slope areas to satisfy development standards.
E.
Regulate expansion of land use or development that existed on steep
slope areas prior to enactment of these requirements.
F.
Protect adjoining properties from harmful consequences of development
permitted under these requirements.
2.
Identification and Establishment of the Steep Slope Overlay District.
A.
The Steep Slope Overlay District is defined and established as those
areas having slopes of 15% or greater. The Plainfield Township Zoning
Map delineates approximate limits of the Steep Slope Overlay District.
B.
The boundaries of the Steep Slope Overlay District as shown on the
Zoning Map may be supplemented or modified by Plainfield Township
based upon examination of one or more of the following sources whenever
a subdivision plan, land development plan, (including sketch plans),
building permit plan, site plan or grading plan are submitted for
review:
(1)
Soil Survey of Lehigh/Northampton Counties, Pennsylvania, USDA
Soil Conservation Service.
(2)
Contour maps prepared from aerial photography prepared to national
map accuracy standards.
(3)
On-site topographic survey certified and prepared to national
map accuracy standards by a registered professional land surveyor.
C.
The Steep Slope Overlay District shall be delineated with hatching
or shading on the project plan. This shall include all areas with
15% or greater slopes as determined by comparing adjacent contours
using the smallest contour interval required on the plan.
D.
The Steep Slope Overlay District shall be further divided into the
following three categories:
(1)
Class A Steep Slopes. Slope areas meeting all of the following
requirements:
(a)
Slopes of 25% or greater (e.g., sloping 25 feet or more vertical
per 100 feet horizontal.
(b)
When two-foot contour intervals are used, only when there are
three adjacent contour intervals such that, in aggregate, they delineate
a slope of at least 25%.
(c)
Slopes of 25% or greater occurring in individual areas or pockets
being greater than 1,000 square feet in size.
(2)
Class B Steep Slopes. Slope areas meeting all of the following
requirements:
(a)
Slopes of 15% or greater (e.g., sloping 15 feet or more vertical
per 100 feet horizontal.
(b)
When two-foot contour intervals are used, only when there are
three adjacent contour intervals such that, in aggregate, they delineate
a slope of at least 15%.
(c)
Slopes of 15% or occurring in individual areas or pockets being
greater than 1,000 square feet in size.
(d)
Not defined as Class A steep slopes.
(3)
Class C Steep Slopes. Slope areas meeting any of the following
requirements:
(a)
An individual isolated area or pocket of Steep Slope Overlay
District being 1,000 square feet or less in size.
(b)
Man-made slopes within the Steep Slope Overlay District that
naturally were less than 15%.
(c)
Land within 40 feet of Class A or Class B steep slopes. (This
may require the area delineated as the Steep Slope Overlay District
via Subsection 2C to be expanded.)
(d)
All areas of the Steep Slope Overlay District that do not qualify
as Class A or Class B.
E.
The Steep Slope Overlay District divided into Class A, B and C steep
slopes shall be clearly labeled and delineated on the grading, utility
and landscape plan sheets and on at least one sheet of the plan set
to be recorded.
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The Plainfield Township Municipal Engineer shall decide whether
the Steep Slope Overlay District has been shown with sufficient accuracy
on the applicant's plans. Based on the Municipal Engineer's advice,
Plainfield Township may require applicants to revise the boundaries
shown on the plans.
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F.
The burden of proving the correct boundary shall be on the applicant,
supported by engineering and/or surveying data or mapping, testimony
of a soil scientist, or other evidence acceptable to Plainfield Township.
3.
General Provisions.
A.
The Steep Slope Overlay District shall be an overlay on all zoning
districts. For any lot or portion thereof lying within the Steep Slope
Overlay District, the regulations of the overlay district shall take
precedence over the regulations of the underlying district.
B.
These regulations apply to projects where proposed land disturbing
activity is greater than 1,000 square feet of Class A, Class B or
Class C steep slopes total on any individual lot, or in the ease of
roadway improvements, the total on each individual road. The disturbance
of steep slopes for widening, alignment improvement or sight distance
improvements of an existing street for public safety reasons or that
are required by, approved by, or accomplished by the Township or PennDOT,
are expressly exempted from the requirements of this Section. Projects
disturbing steep slopes that are exempt from the requirements of this
Section are still responsible to take all necessary steps to ensure
the disturbed area remains stable during construction, and are permanently
stabilized after construction.
C.
All uses, activities, and development occurring within any Steep
Slope Overlay District shall be undertaken only in strict compliance
with the provisions of this Part, with all federal and state laws,
and with all other applicable Plainfield Township codes and ordinances.
Requirements of the International Building Code as adopted by the
Township must be adhered to, including the requirements for foundations
on or adjacent to slopes.
D.
During submission of a subdivision plan or at land development plan
stage if no subdivision is proposed, disturbance of the Steep Slope
Overlay District shall be addressed and plans shall show the following:
(1)
Enough detail to show the extent of the proposed impact to the
Steep Slope Overlay District showing areas to be disturbed by the
following:
(a)
Proposed improvements to be constructed by the developer such
as roads, stormwater control conveyance facilities, etc. Final contours
with spot elevations must be shown.
(b)
Approximate areas of proposed home construction including driveways,
principal and accessory structures, septic systems and final lot grading
with spot elevations. It is understood that individual lot designs
may change and that exact impact areas will be addressed during grading
plan preparation.
(2)
A note shall be placed on the plan indicating which lots (based
upon Subsection 3E) require a grading plan. The grading plan shall
be reviewed by the Township prior to the issuance of a building permit.
(3)
For residential lots, the limits of the appropriate "contiguous area" that is free from natural constraints is defined in § 27-517 for each lot.
(4)
If a special exception is required, the final plan shall include
a note indicating the zoning hearing date, and number, along with
details of the Zoning Hearing Board order and/or special conditions
imposed and to which lots they apply.
E.
Prior to issuance of a building permit for any lot that proposes disturbance of more than 1,000 square feet within Class A and Class B steep slopes, the applicant shall submit a grading plan to the Township for review and approval. The grading plan shall meet the requirements of § 27-412, regardless of whether a grading plan is required based upon § 27-412, Subsection 1. In addition to the plan requirements in § 27-412, grading plans addressing disturbance within the Steep Slope Overlay District shall address all other general provisions of this Section and, at a minimum, show the following:
(1)
Areas of the Steep Slope Overlay District must be shown with
Class A, B and C steep slopes labeled and delineated.
(2)
A two-foot contour interval may be substituted for the one-foot contour interval required by § 27-412 within Class A steep slope areas.
(3)
Proposed final ground surface covers shall be detailed on the
plan.
(4)
Proposed modifications to the existing topography and vegetative
cover, as well as the means of accommodating stormwater runoff.
(5)
Landscaping and proposed paved areas, storm drainage facilities,
retaining walls and ground cover, as well as the location of trees
and ornamental shrubs.
(6)
Specifications for building construction and materials, including
filling, grading, storage of materials, water supply and sewerage
facilities, architectural plans, elevations, sections of the structures
and related improvements.
(7)
Documentation of any additional engineering and/or conservation
techniques designed to alleviate environmental problems that may be
created by the proposed activities, in compliance with municipal sedimentation
and erosion control regulations.
(8)
Written confirmation from the Township Fire Code Official that
emergency access is satisfactory to provide adequate fire protection.
(9)
A statement prepared by a licensed architect, registered landscape
architect or engineer describing:
(a)
The methods to be used in overcoming foundation and other structural
problems created by slope conditions, in preserving the natural watershed
and in preventing soil erosion.
(b)
The methods to be used to eliminate or mitigate water runoff
on all adjacent properties and any other property that will be naturally
affected by increased water runoff.
F.
The natural or usual flow of surface or subsurface water shall not
be altered or obstructed by grade changes in any way that may adversely
affect the property of another by either contributing to pooling or
collection of waters or to the concentration or intensification of
surface water discharge. Existing runoff feeding ponds, wetlands,
or streams shall not be diverted.
G.
Unless the applicant provides an alternate design indicating that
steeper slopes can be stabilized and permanently maintained, finished
slopes of all cuts and fills shall not exceed 33%. The alternate design
shall be prepared and sealed by a Pennsylvania Licensed Engineer proficient
in geotechnical evaluation and design.
H.
All cuts shall be supported by retaining walls or other appropriate
retaining structures. Any fill placed on the lot shall be properly
stabilized and, when found necessary depending upon existing slopes
and soil types, supported by retaining walls. No retaining wall shall
exceed the height of 10 feet, and there shall be at least 10 feet
between stepped retaining walls. Retaining walls with final exposed
heights greater than 36 inches shall be:
(1)
Based upon a geotechnical design consisting, at a minimum, of
a soils study and global analysis, sealed by a Pennsylvania licensed
engineer proficient in geotechnical evaluation and design and referenced
on the plans.
(2)
Require a post-construction certification by a licensed professional
engineer that the wall was constructed in accordance with the approved
design plans and applicable building codes.
I.
Any disturbance of steep slopes shall be completed within one construction
season, and disturbed areas shall not be left bare and exposed during
the winter and spring thaw periods. Permanent vegetative cover shall
be planted within three days after completion of grading.
J.
No trees with a diameter at breast height (DBH) of six inches or more shall be removed from steep slope areas unless in accordance with § 27-518.
K.
The alignment of roads and driveways shall follow the natural topography, minimize regrading, and comply with design standards for maximum grades set forth in this Chapter, Subdivision and Land Development Ordinance [Chapter 22] or a standalone ordinance dealing with driveways.
L.
The degree of steep slope protection sought by the provisions of
this Part is considered reasonable for regulatory purposes. This Part
does not imply that areas outside the Steep Slope Overlay District
or permitted uses within the zoning district will be free from erosion
or slope instability. The granting of any permit or approval in any
steep slope area shall not constitute a representation, guarantee
or warranty of any kind by Plainfield Township or by any official,
employee or consultant thereof of the ability for access by emergency
vehicles or the practicability or safety of any structure, use or
other plan proposed, and shall create no liability upon, or a cause
of action against such public body, official, employee or consultant
for any damage that may result pursuant thereto or resulting from
reliance on this Section or any administrative decision lawfully made
hereunder.
4.
Permitted Uses and Development on Class C Steep Slopes.
A.
All uses in compliance with the provisions of the underlying district,
which are not prohibited by any other ordinance, shall be allowed.
(1)
Development within 40 feet upgrade of a Class A or Class B steep
slope area shall not direct concentrated runoff onto these Class A
or Class B steep slope areas.
(2)
Development downgrade from a Class B steep slope area shall
anticipate and design for potential land slippage and for additional
surface runoff and subsurface seeps, which may occur due to the geology
in Plainfield Township.
5.
Permitted Uses and Development on Class B Steep Slopes.
A.
Open space and conservation uses listed below are permitted by right
on steep slopes, provided that they shall not include any structures,
roads, driveways, parking areas, construction, or other development,
or grading, or clearing of vegetation.
(1)
Wildlife sanctuary, woodland preserve, arboretum, and passive
park and recreation areas.
(2)
Timber harvesting and reforestation in accordance with recognized
natural resource and soil conservation practices, and as permitted
by municipal and state regulations.
(3)
Pasture and grazing land in accordance with recognized natural
resource and soil conservation practices.
(4)
Outdoor plant nursery or orchard in accordance with recognized
natural resource and soil conservation practices.
(5)
Cultivation and harvesting of crops in accordance with recognized
natural resource and soil conservation practices.
(7)
Nonstructural accessory uses necessary to the operation and
maintenance of the above permitted uses.
B.
Structures, roads, driveways, parking areas, construction or other
development, clearing of vegetation or grading, including the addition
of fill, where:
C.
On-lot sewage disposal systems, when approved by the Plainfield Township
Sewage Enforcement Officer and/or the Pennsylvania Department of Environmental
Protection.
7.
Special Exception Uses and Development on Class B Steep Slopes.
A.
The following uses and activities may be permitted by special exception
provided that they are in compliance with the provisions of the underlying
district and are not prohibited by any other ordinance:
(1)
Structures, roads, driveways, parking areas, construction or
other development, clearing of vegetation or grading, including the
addition of fill, where more 5,000 square feet or any woodland within
the Class B steep slope area on each individual lot or to construct
an individual road is to be disturbed.
(2)
Sealed public water supply wells with approval of the Pennsylvania
Department of Environmental Protection.
(3)
Sanitary or storm sewers and stormwater detention basins with
the approval of the Plainfield Township Engineer and the Department
of Environmental Protection.
(4)
Utility transmission lines and above ground utility line structures.
(5)
Extractive uses in accordance with recognized conservation practices
and regulations of the State Department of Environmental Protection.
(6)
Solid waste disposal, recycling uses.
8.
Special Exception Use Standards and Criteria for Class B Steep Slopes.
A.
In considering a special exception application for development on
Class B steep slopes, the Plainfield Township Planning Commission
and Zoning Hearing Board shall consider the following:
(2)
Adverse effects on abutting properties.
(3)
The need for a woodland management plan on wooded steep slope
areas.
(4)
Proposed roads, driveways, and parking areas are designed so
that land clearing and/or grading will not cause accelerated erosion.
Both vertical and horizontal alignment for such facilities shall be
so designed that hazardous conditions are not created.
(5)
Documentation has been submitted showing that alternative placements
on nonsteep slope areas were carefully evaluated for structures, including
buildings, retaining walls, swimming pools, roads, access driveways,
parking facilities and other development, and to the satisfaction
of Plainfield Township, shown to be inappropriate or infeasible.
(6)
Proposed nonagricultural displacement of soil is for purposes
consistent with the intent of this Part and will be executed in a
manner that will not cause erosion or other unstable conditions. The
applicant shall provide an erosion and sediment control plan and supporting
evidence and may be required to submit plans to the County Conservation
Office for review.
(7)
Surface runoff of water will not create unstable conditions,
including erosion, and appropriate stormwater management facilities
will be constructed as necessary.
B.
Applications for special exception uses shall provide the following
information and documentation:
(1)
A plan prepared and sealed by a registered professional engineer
or surveyor which accurately locates the proposed use with respect
to the Class A, B and C steep slopes with all pertinent information
describing the proposal and a topographical survey with contour elevations
at no greater than two-foot intervals, where feasible. Contours shall
be accurately drawn from on-site survey or aerial photographic sources.
(3)
Proposed modifications to the existing topography and vegetative
cover, as well as the means of accommodating stormwater runoff.
(4)
Specifications for building construction and materials, including
filling, grading, storage of materials, and water supply and sewerage
facilities.
C.
The Zoning Hearing Board may alter any or all of the zoning district
requirements of Part 3, including the uses and lot sizes permitted,
depending upon the type of proposed use or structure, the existing
or proposed slopes, the proposed uses of landscaping materials, estimated
increases in traffic, proposed building materials, fire hazard conditions
and soil conditions in order to protect the general health, safety
and welfare.
9.
Permitted Uses and Development on Class a Slopes.
A.
Open space and conservation uses listed below are permitted by right
on Class A steep slopes, provided that they shall not include any
structures, roads, driveways, parking areas, construction, or other
development, or grading, or clearing of vegetation.
(1)
Wildlife sanctuary, woodland preserve, arboretum, and passive
park and recreation areas.
(2)
Timber harvesting, forestry and reforestation in accordance
with recognized natural resource and soil conservation practices,
and as permitted by municipal and state regulations.
(3)
Pasture and grazing land in accordance with recognized natural
resource and soil conservation practices.
(4)
Outdoor plant nursery or orchard in accordance with recognized
natural resource and soil conservation practices.
(5)
Cultivation and harvesting of crops in accordance with recognized
natural resource and soil conservation practices.
(7)
Nonstructural accessory uses necessary to the operation and
maintenance of the above permitted uses.
10.
Prohibited Uses on Class A Slopes.
A.
The following uses are specifically prohibited on Class A steep slopes:
(1)
Removal of topsoil.
(2)
Solid waste disposal, recycling uses, junkyards, or other outdoor
storage uses.
(3)
Structures, roads, driveways, parking areas, construction, or
other development.
(4)
Clearing of vegetation or grading, including the addition of
fill.
(5)
Sealed public water supply wells.
(6)
Sanitary or storm sewers and stormwater detention basins.
(7)
On-lot sewage disposal systems.
(8)
Mineral extraction and extractive uses.
[Ord. 275, 2/9/2000, § 504]
1.
Any proposed land use which may directly (by means of effluent discharge
into the ground) or indirectly (through the leaching of stored materials)
result in the pollution of the groundwater shall be prohibited from
developing in any area which has a year-round or seasonal high water
table which comes to within any distance of the ground surface which
violates DEP regulations.
2.
The determination of such hazards shall be made by the appropriate
state agency and/or by a qualified sanitary engineer, geologist or
soil scientist approved by the Board of Supervisors.
[Ord. 275, 2/9/2000, § 505]
All areas within 50 feet of the banks of any stream, lake, or
pond shall be in open space.
[Ord. 275, 2/9/2000, § 506]
1.
Determination of Alluvial Soils Areas.
A.
Certain areas are designated as "alluvial soils" on the Official
Zoning Map (those areas containing one or more of the soil types which
are identified on the soil map prepared by the Soil Conservation Service,
U.S. Department of Agriculture and published in the Soil Survey: Northampton
County, Pennsylvania as soils of that are subject to flooding).
B.
The Zoning Officer shall require that a detailed on-site survey be
made (by a qualified engineer, soil scientist or qualified sanitarium
approved by the Board of Supervisors in accordance with accepted on-site
survey techniques) to determine the exact extent and nature of areas
susceptible to potential problems of flooding, wetness, or pollution
before issuing a zoning permit for:
2.
Use Regulations. The following uses shall be prohibited on any portion
of a site which is found to contain potential hazards due to flooding,
chronic wetness, or pollution (based upon a detailed, on-site survey
pursuant to Subsection 1B):
A.
All new or substantially improved residential dwellings and commercial,
institutional, or industrial structures, including hospitals, nursing
homes, jails and mobile homes, and their accessory structures.
B.
Any new or substantially improved structure which will be used for
the production or storage of any of the following materials or substances,
or which 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 materials
or substances on the premises: acetone, ammonia, benzene, calcium
carbide, carbon disulfide, celluloid, chlorine, hydrochloric acid,
hydrocyanic acid, magnesium, nitric acid and oxides of nitrogen, petroleum
products (gasoline, fuel oil, etc.), phosphorus, potassium, sodium,
sulphur and sulphur products, pesticides (including insecticides,
fungicides and rodenticides), and radioactive substances, insofar
as such substances are not otherwise regulated.
C.
The filling of marshlands, dredging, removal of topsoil or damming
or relocation of any watercourse except with the approval of the Commonwealth
of Pennsylvania Department of Environmental Protection.
D.
Sanitary landfill; dump; junkyard; outdoor storage or disposal of
vehicles and/or materials, including manure and hazardous substances
listed in Subsection 2B.
E.
On-lot sewage disposal systems.
[Ord. 275, 2/9/2000, § 507; as amended by Ord.
278, 4/11/2001, § 1; and by Ord. 368, 6/11/2014, § 1]
1.
Purposes. The purpose of these provisions is to promote the general
health, welfare and safety of the community, to prevent the loss of
property and life, the creation of health and safety hazards, the
disruption of commerce and governmental services, the extraordinary
and unnecessary expenditure of public funds for flood protection and
relief, and the impairment of the tax base by:
A.
Regulating uses, activities and land development which, acting alone
or in combination with other existing or future uses, activities and
land development, will cause unacceptable increases in flood heights,
velocities and frequencies.
B.
Restricting or prohibiting certain uses, activities and land development
from locating within areas subject to flooding.
C.
Maintaining, to the maximum extent possible, the floodplain in its
natural state and minimizing the removal of vegetation and compaction
of soil to maximize its flood carrying capacity and water filtering
capabilities.
D.
Encourage the utilization of appropriate construction practices in
order to prevent or minimize flood damage in the future.
E.
Minimize danger to public health by protecting water supply and natural
drainage.
F.
Reduce financial burdens imposed on the community, its governmental
units, and its residents, by preventing excessive development in areas
subject to flooding.
G.
Comply with federal and state floodplain management requirements.
2.
General Provisions.
A.
These provisions shall apply to all lands within the jurisdiction
of Plainfield Township and shown as being located within the boundaries
of any identified Flood Hazard District which are considered part
of the Official Zoning Map.
B.
The Flood Hazard District shall be an overlay to the existing zoning
districts as shown on the Plainfield Township Zoning Map and, as such,
the provisions of the Flood Hazard District shall be imposed in addition
to the requirements of the underlying zoning districts. This Chapter
supersedes any other conflicting provisions which may be in effect
in identified floodplain areas. In the event that a conflict exists
between the overlay and the underlying districts, the more restrictive
provisions shall apply.
C.
No development shall be undertaken, no structure or land shall hereafter
be used; no structure shall be located, relocated, constructed, reconstructed,
enlarged or structurally altered; and no area shall be developed,
graded, filled or excavated in any Flood Hazard District except in
full compliance with the terms and provisions of this Chapter and
any other applicable ordinances and regulations.
D.
Failure to comply with the provisions of this Chapter is a violation
of the Plainfield Township Zoning Ordinance and Plainfield Township
may proceed with Court action and/or issue a declaration of violation,
under § 1316 of the National Flood Insurance Act of 1968
to the Federal Emergency Management Agency to deny flood insurance
on the property in violation. The effects of having a § 1316
violation are non-availability of flood insurance for any buildings,
possible reduction of market value, risk of damage without compensation,
possible mortgage foreclosure, and denial of disaster assistance for
repair of structural damage.
E.
Warning and Disclaimer of Liability.
(1)
The degree of flood protection sought by the provisions of this
Chapter is considered reasonable for regulatory purposes and is based
on acceptable engineering methods of study. Larger floods may occur
on rare occasions. Flood heights may be increased by man-made or natural
causes such as ice jams and bridge openings restricted by debris.
This Chapter does not imply that areas outside the identified Flood
Hazard District or that land uses permitted within such a district
will be free from flooding or flood damages.
(2)
This Chapter shall not create liability on the part of Plainfield
Township or any officer or employee thereof for any flood damages
that result from reliance on this Chapter or any administrative decision
lawfully made hereunder.
3.
Identification and Establishment of Flood Hazard Districts.
A.
The identified Flood Hazard District shall be any areas of the Township
of Plainfield, classified as Special Flood Hazard Areas (SFHAs) in
the Flood Insurance Study (FIS) and the accompanying Flood Insurance
Rate Maps (FIRMs) dated July 16, 2014, and issued by the Federal Emergency
Management Agency (FEMA) or the most recent revision thereof, including
all digital data developed as part of the Flood Insurance Study. FIRMs
can be viewed at the Plainfield Township Municipal Office or viewed
or purchased on-line from the FEMA Map Information Exchange at msc.fema.gov.
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The above referenced FIS and FIRMs, and any subsequent revisions
and amendments are hereby adopted by the Township of Plainfield and
declared to be a part of this Chapter.
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B.
Description and Special Requirements of Identified Floodplain Areas.
The identified floodplain area shall consist of the following specific
areas:
(1)
The Floodway Area/District identified as floodway (FW) in the
FIS which represents the channel of a watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation by more
than one foot at any point. This term shall also include floodway
areas which have been identified in other available studies or sources
of information for those Special Flood Hazard Areas where no floodway
has been identified in the FIS.
(2)
The AE Area/District shall be those areas identified as an AE
Zone on the FIRM included in the FIS prepared by FEMA and for which
base flood elevations have been provided by the FIS.
(3)
The A Area/District shall be those areas identified as an A
Zone on the FIRM included in the FIS prepared by FEMA and for which
no one-percent annual chance flood elevations have been provided.
For these areas, elevation and floodway information from other federal,
state, or other acceptable sources shall be used when available. Where
other acceptable information is not available, the base flood elevation
shall be determined by using the elevation of a point on the boundary
of the identified floodplain area which is nearest the construction
site.
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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.
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C.
All floodplain and floodway areas must be identified on any land
development and/or subdivision plan filed with the Township. In addition,
flood prone areas may be required to be identified, subject to the
discretion of the Township Engineer.
D.
Changes in Identification of Area. The identified floodplain area
may be revised or modified by the Plainfield Township 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
to the Special Flood Hazard Area, approval must be obtained from FEMA.
Additionally, as soon as practicable, but not later than six months
after the date such information becomes available, a community shall
notify FEMA of the changes to the Special Flood Hazard Area by submitting
technical or scientific data.
E.
Boundary Disputes. Should a dispute concerning any identified floodplain
boundary arise, an initial determination shall be made by the Plainfield
Township Zoning Officer and any party aggrieved by this decision or
determination may appeal to the Zoning Hearing Board. The burden of
proof shall be on the appellant.
F.
Jurisdictional Boundary Changes. Prior to development occurring in
areas where annexation or other corporate boundary changes are proposed
or have occurred, the community shall review flood hazard data affecting
the lands subject to boundary changes. The community shall adopt and
enforce floodplain regulations in areas subject to annexation or corporate
boundary changes which meet or exceed those in CFR 44 60.3.
4.
Nonconforming Uses and Structures in the Flood Hazard District. A structure or use of a structure or premises which lawfully existed before the enactment of these Flood Hazard District provisions, but which is not in conformity with those provisions, shall be considered a nonconforming use or nonconforming structure and shall be subject to Subsection 8, and those portions of this Chapter dealing with nonconformities, including § 27-407.
5.
General Regulations.
A.
No encroachment, land development, improvement or reconstruction
of any kind shall be made to any watercourse until all adjacent municipalities
which may be affected by such action have been notified by Plainfield
Township, and until all required permits or approvals have been first
obtained from the Department of Environmental Protection Regional
Office. In addition, the Federal Emergency Management Agency and the
Pennsylvania Department of Community and Economic Development (DCED)
shall be notified prior to any alteration or relocation of any watercourse.
B.
Any construction, uses, activities or land development occurring within the Flood Hazard District shall be undertaken only in strict compliance with the provisions of this Chapter and with all other applicable codes, ordinances and regulations including the Plainfield Township Building Code, as amended and Plainfield Township Subdivision and Land Development Ordinance [Chapter 22].
C.
No encroachment, alteration, or improvement of any kind shall be
made to any watercourse unless it can be shown that the activity will
not reduce or impede the flood carrying capacity of the watercourse
in any way.
D.
Within any Floodway Area/District, no encroachments, including fill,
new construction, substantial improvements, or other development shall
be permitted unless it has been demonstrated through hydrologic and
hydraulic analysis performed in accordance with standard engineering
practice that the proposed encroachment would not result in any increase
in flood levels within the community during the occurrence of the
base flood discharge, and a permit has been obtained from the Department
of Environmental Protection Regional Office.
E.
Within the portions of the Flood Hazard District lying outside of
the floodway, encroachments including fill, new construction, substantial
improvements or other development, use or activity:
(1)
Which would cause an increase in the base flood elevation shall
be prohibited.
(2)
Shall not be granted approval or a permit unless it is demonstrated
that the cumulative effect of the proposal would not increase the
base flood elevation. The Township may require that the applicant
submit an engineering study including hydrologic and hydraulic analysis
in accordance with standard engineering practice to show that no increase
in the base flood elevation will occur.
F.
No new construction or development shall be located within any identified
Flood Hazard District within the area measured 50 feet landward from
the top-of-bank of any watercourse.
6.
Permitted Uses and Development in the Flood Hazard District.
A.
In the Flood Hazard District, the following uses and activities are
permitted in the A Area/District or the portions of the AE Area/District
lying outside of the floodway, provided they are in compliance with
the provisions of the underlying district and are not prohibited by
any other ordinance:
(1)
Agriculture and horticulture that:
(a)
Does not include any structures.
(b)
Does not require grading which would cause any increase in flood
heights or frequency.
(c)
Are conducted in accord with recognized soil conservation and
water quality practices. In the case of agricultural uses, this would
include compliance with an approved, up-to-date USDA Natural Conservation
Resources Service (NCRS) Conservation Plan.
(2)
Public and private recreational uses and activities, limited
to parks, day camps, picnic grounds, boat launching and swimming areas,
hiking and horseback riding trails, wildlife and nature preserves,
game farms, and hunting and fishing areas, provided that no structures
are erected, and only minimal impervious surfaces are created and
all surfaces are permanently stabilized to prevent erosion.
(3)
Uses accessory to those permitted in the underlying zoning district,
including yard areas, gardens, play areas and parking areas, provided
that no structures are erected and only minimal impervious surfaces
are created and all surfaces are permanently stabilized to prevent
erosion.
(4)
All uses and activities permitted in the Floodway Area/District with the required approvals as listed in Subsection 2.
(6)
Floodproofing to protect only lawfully existing nonconforming
structures and lawfully existing nonconforming uses within structures.
(7)
Sign posts, light posts, fences and temporary protective fencing
that do not impede floodwaters.
(8)
Timber harvesting in accordance with the Plainfield Township
Timber Harvest Management Ordinance.
(9)
Public roads, public trails and stormwater projects and their
associated support facilities, as authorized by the Plainfield Township
Board of Supervisors, including maintenance and improvements to existing
facilities.
(10)
Parking areas in support of the uses permitted above and access
driveways. Parking lots and driveways subject to scouring shall be
permanently stabilized, preferably with a pervious paver material
or with paving where pervious materials are not practical. Final grade
of parking areas and access driveways shall not be constructed more
than 1.0 feet below the base flood elevation.
B.
In the Flood Hazard District, the following uses and activities are
permitted only with permits and/or approvals from the PA Department
of Environmental Protection, PA Public Utility Commission, and/or
US Army Corps of Engineers. Furthermore, notification of such actions
shall be provided to all affected adjoining municipalities, FEMA and
the Pennsylvania DCED. The approval of a permit by any of the preceding
state or federal agencies for one of these uses shall in no way affect
or conflict with the requirements imposed upon the use under the regulations
of the Flood Hazard District:
7.
Prohibited Uses and Development in the Flood Hazard District.
A.
The following uses are prohibited from locating within the Flood
Hazard District:
(1)
All uses prohibited in the underlying zoning district.
(2)
Other than required to meet the requirements of Subsection 6A(9), placement of fill or the storage of material that would displace flood water is prohibited in the Flood Hazard District.
(4)
The production, storage, or use of any amount of radioactive
substances.
(5)
The production, storage or use of a substance or material, underground
or aboveground, that is buoyant, flammable, explosive, or injurious
to property, water quality or human, animal, plant, fish or aquatic
life including, but not limited to, the following:
(a)
Acetone.
(b)
Ammonia.
(c)
Benzene.
(d)
Calcium carbide.
(e)
Carbon disulfide.
(f)
Celluloid.
(g)
Chlorine.
(h)
Hydrochloric acid.
(i)
Hydrocyanic acid.
(j)
Magnesium.
(k)
Nitric acid and oxides of nitrogen.
(l)
Petroleum products (gasoline, fuel oil, etc.).
(m)
Phosphorus.
(n)
Potassium.
(o)
Sodium.
(p)
Sulphur and sulphur products.
(q)
Pesticides (including insecticides, fungicides, and rodenticides).
(r)
Radioactive substances, insofar as such substances are not otherwise
regulated.
|
With the exception of the application of agricultural fertilizers,
herbicides and pesticides as approved by the US Department of Agriculture.
|
(6)
The production, storage or use of explosives.
(7)
The storage or disposal of materials used for snow and ice control
including sand, salt and other deicing chemicals.
(9)
Sanitary landfills, dumps, junk and salvage yards, and outdoor
storage of junked or abandoned vehicles and/or equipment.
(10)
Outdoor storage or placement of recreational vehicles, unless
compliant with Subsection 11D.
(11)
The storage or disposal of any soil, loam, peat, sand, gravel,
rock, or other mineral substance, refuse, trash, rubbish, debris,
or dredged/excavated spoil.
(12)
Draining, excavation, or dredging, or removal or relocation
of loam, peat, sand, gravel, soil, rock, or other mineral substance,
except as accessory to work permitted as of right or by special permit.
(13)
Manure storage facilities and manure stockpiles.
(14)
Manufactured homes.
(15)
Improvements to existing manufactured home parks and existing
manufactured home subdivisions.
(16)
The commencement of, or any construction of, a new manufactured
home park or manufactured home subdivision.
(17)
Sewage disposal facilities.
8.
Existing Structures in Flood Hazard Districts. The provisions of
this Chapter do not require any changes or improvements to be made
to lawfully existing structures. However, when an improvement is to
be made to any existing structure, the provisions of this subsection
shall apply.
A.
No alteration or reconstruction of an existing structure shall be
allowed within any FW area as identified by the Flood Insurance Study
prepared by FEMA or other available studies or sources of information
found acceptable by Plainfield Township and approved by FEMA. Normal
maintenance of the existing structure is allowed so long as the cost
of improvements does not meet or exceed 50% of the market value prior
to improvement. 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.
B.
No alteration of an existing structure shall be allowed within any
A or AE Area/District that would, together with all other existing
and anticipated development, increase the BFE.
C.
The alteration or reconstruction of existing structures that store
materials that are buoyant, flammable, explosive, or injurious to
property, water quality or human, animal, plant, fish or aquatic life
shall be prohibited in the Flood Hazard District.
D.
Any modification, alteration, reconstruction, or improvement of any
kind to an existing structure, shall be elevated and/or floodproofed
to the greatest extent possible.
E.
If an existing structure is razed, removed, destroyed by fire, explosion,
flood or other phenomenon, or legally condemned or abandoned for 365
consecutive days, subsequent use of such structure shall fully conform
with all then current Township ordinances. If the structure would
not be allowed as a new structure under current ordinances, it shall
be removed. The act of abandonment and the intent to abandon shall
presume to commence on the date when customary efforts to continue
the use cease.
F.
Any permitted construction within the Flood Hazard Area shall conform
to this Chapter and the Standards and Specifications contained in
34 Pa. Code (Chapters 401-405), as amended. The following provisions
shall apply to the above and other section and subsections of this
Part, to the extent that they are more restrictive and supplement
the requirements of this Chapter:
9.
Administration.
A.
Designation of the Floodplain Administrator.
(1)
The Zoning Officer is hereby appointed to administer and enforce
this Chapter and is referred to herein as the Floodplain Administrator.
The Floodplain Administrator may fulfill the duties and responsibilities
set forth in these regulations or delegate duties and responsibilities
set forth in these regulations to qualified technical personnel, plan
examiners, inspectors, and other employees. Administration of any
part of these regulations by another entity shall not relieve the
community of its responsibilities pursuant to the participation requirements
of the National Flood Insurance Program as set forth in the Code of
Federal Regulations at 44 CFR 59.22.
(2)
In the absence of a designated Floodplain Administrator, the
Floodplain Administrator duties are to be fulfilled by the Township
of Plainfield Chairman of the Board of Supervisors.
B.
Permits Required.
(1)
Building and zoning permits shall be required for all proposed
development, construction, reconstruction, placement, improvement
of uses or structures, including placement of manufactured homes,
regardless of value and activities such as mining, dredging, grading,
logging, paving, excavation or drilling operations.
(2)
The requirements of the Plainfield Township Building Code, as
amended, shall apply to this Part.
(3)
Permits for work within the flood hazard district are required
and administered by the Plainfield Township floodplain administrator.
C.
Duties and Responsibilities of the Floodplain Administrator.
(1)
The Floodplain Administrator shall issue a permit only after
it has been determined that the proposed work to be undertaken will
be in conformance with the requirements of this and all other applicable
codes and ordinances.
(2)
Prior to the issuance of any permit, the Floodplain Administrator
shall review the application for the permit to determine if all other
necessary government permits required by state and federal laws have
been obtained, such as those required by the Pennsylvania Sewage Facilities
Act (Act 1966-537, as amended); the Pennsylvania Dam Safety and Encroachments
Act (Act 1978-325, as amended); the Pennsylvania Clean Streams Act
(Act 1937-394, as amended); and the U.S. Clean Water Act, § 404,
33, U.S.C. § 1344. No permit shall be issued until this
determination has been made.
(3)
During the construction period, the Floodplain Administrator
or other authorized official shall inspect the premises to determine
that the work is progressing in compliance with the information provided
on the permit application and with all applicable municipal laws and
ordinances. He/she shall make as many inspections during and upon
completion of the work as are necessary.
(4)
In the discharge of his/her duties, the Floodplain Administrator
shall have the authority to enter any building, structure, premises
or development in the identified floodplain area, upon presentation
of proper credentials, at any reasonable hour to enforce the provisions
of this Chapter.
(5)
In the event the Floodplain Administrator discovers that the
work does not comply with the permit application or any applicable
laws and ordinances, or that there has been a false statement or misrepresentation
by any applicant, the Floodplain Administrator shall revoke the permit
and report such fact to the Plainfield Township Board of Supervisors
for whatever action it considers necessary.
(6)
The Floodplain Administrator shall maintain all records associated
with the requirements of this Chapter in perpetuity including, but
not limited to, finished construction elevation data, permitting,
inspection and enforcement.
(7)
The Floodplain Administrator is the official responsible for
submitting a biennial report to the FEMA concerning community participation
in the National Flood Insurance Program.
(8)
The responsibility, authority and means to implement the commitments
of the Floodplain Administrator can be delegated from the person identified.
However, the ultimate responsibility lies with the person identified
in the floodplain ordinance as the floodplain administrator/manager.
(9)
The Floodplain Administrator shall consider the requirements
of the 34 Pa. Code and the 2009 IBC and the 2009 IRC or latest revisions
thereof.
D.
Application Procedures and Requirements.
(1)
Application for such a permit shall be made, in writing, to
the Floodplain Administrator on forms supplied by Plainfield Township.
Such application shall contain the following:
(a)
Name and address of applicant.
(b)
Name and address of owner of land on which proposed construction
is to occur.
(c)
Name and address of contractor.
(d)
Site location including address and county parcel identifier
number.
(e)
Listing of other permits required.
(f)
Brief description of proposed work and estimated cost, including
a breakout of flood-related cost and the market value of the building
before the flood damage occurred where appropriate.
(g)
A plan of the site showing the exact size and location of the
proposed construction as well as any existing buildings or structures.
(2)
If any proposed construction or development is located entirely
or partially within any identified floodplain area, applicants for
permits shall provide all the necessary information in sufficient
detail and clarity to enable the Floodplain Administrator to determine
that:
(a)
All such proposals are consistent with the need to minimize
flood damage and conform with the requirements of this and all other
applicable codes and ordinances.
(b)
All utilities and facilities, such as sewer, gas, electrical
and water systems are located and constructed to minimize or eliminate
flood damage.
(c)
Adequate drainage is provided so as to reduce exposure to flood
hazards.
(d)
Structures will be anchored to prevent flotation, collapse,
or lateral movement.
(e)
Building materials are flood-resistant.
(f)
Appropriate practices that minimize flood damage have been used.
(g)
Electrical, heating, ventilation, plumbing, air conditioning
equipment, and other service facilities have been designed and located
to prevent water entry or accumulation.
(3)
Applicants shall file the following minimum information plus
any other pertinent information as may be required by the Floodplain
Administrator to make the above determination:
(a)
A completed permit application form.
(b)
A plan of the entire site, clearly and legibly drawn at a scale
of one inch being equal to 50 feet or less, showing the following:
1)
North arrow, scale, and date.
2)
Topographic contour lines at a two feet contour interval, drawn
to National Map Accuracy Standards, if required by the Floodplain
Administrator.
3)
The location of all existing and proposed buildings, structures,
and other improvements, including the location of any existing or
proposed subdivision and development.
4)
The location of all existing streets, drives, and other access
ways.
5)
The location of any existing bodies of water or watercourses,
identified floodplain areas, and, if available, information pertaining
to the floodway, and the flow of water including direction and velocities.
(c)
Plans of all proposed buildings, structures and other improvements,
drawn at suitable scale showing the following:
(d)
The following data and documentation:
1)
If available, information concerning flood depths, pressures,
velocities, impact and uplift forces and other factors associated
with a base flood.
2)
Detailed information concerning any proposed floodproofing measures
and corresponding elevations.
3)
Documentation, certified by a registered professional engineer
or architect, to show that the cumulative effect of any proposed development
within any identified Flood Hazard Areas when combined with all other
existing and anticipated development, will not increase the base flood
elevation at any point.
4)
A document, certified by a registered professional engineer
or architect, which states that the proposed construction or development
has been adequately designed to withstand the pressures, velocities,
impact and uplift forces associated with the base flood.
5)
Such statement shall include a description of the type and extent
of flood proofing measures which have been incorporated into the design
of the structure and/or the development.
6)
Detailed information needed to determine compliance with Subsection 7, storage, and Subsection 7A, development which may endanger human life, including:
a)
The amount, location and purpose of any materials or substances referred to in Subsection 7 which are intended to be used, produced, stored or otherwise maintained on site.
b)
A description of the safeguards incorporated into the design of the
proposed structure to prevent leaks or spills of the dangerous materials
or substances during a base flood.
7)
The appropriate component of the Department of Environmental
Protection's "Planning Module for Land Development."
8)
Where any excavation or grading is proposed, a plan meeting
the requirements of the Department of Environmental Protection, to
implement and maintain erosion and sedimentation control.
(4)
Applications for permits shall be accompanied by a fee, payable
to the Township based upon the estimated cost of the proposed construction
as determined by the Floodplain Administrator.
E.
Review by County Conservation District. A copy of all applications
and plans for any proposed construction or development in any identified
floodplain area to be considered for approval shall be submitted by
the Floodplain Administrator to the County Conservation District for
review and comment prior to the issuance of a permit. The recommendations
of the Conservation District shall be considered by the Floodplain
Administrator for possible incorporation into the proposed plan.
F.
Review of Application by Others. A copy of all plans and applications
for any proposed construction or development in any identified floodplain
area to be considered for approval may be submitted by the Floodplain
Administrator to any other appropriate agencies and/or individuals
(e.g., planning commission, municipal engineer, etc.) for review and
comment.
G.
Changes. After the issuance of a permit by the Floodplain Administrator,
no changes of any kind shall be made to the application, permit or
any of the plans, specifications or other documents submitted with
the application without the written consent or approval of the Floodplain
Administrator. Requests for any such change shall be in writing, and
shall be submitted by the applicant to Floodplain Administrator for
consideration.
H.
Placards. In addition to the permit, the Floodplain Administrator
shall issue a placard which shall be displayed on the premises during
the time construction is in progress. This placard shall show the
number of the permit, the date of its issuance, and be signed by the
Floodplain Administrator.
I.
Start of Construction.
(1)
Work on the proposed construction or development shall begin
within 180 days after the date of issuance and shall be completed
within 12 months after the date of issuance of the permit or the permit
shall expire unless a time extension is granted, in writing, by the
Floodplain Administrator. The actual start of construction means either
the first placement of permanent construction of a structure on a
site, such as the pouring of slab or footings, the installation of
piles, the construction of columns, or any work beyond the stage of
excavation; or the placement of a manufacture home on a foundation.
Permanent construction does not include land preparation, such as
clearing, grading, and filling; nor does it include the installation
of streets and/or walkways; nor does it include excavation for a basement,
footings, piers, or foundations or the erection of temporary forms;
nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units
or not part of the main structure. For a substantial improvement,
the actual start of construction means the first, alteration of any
wall, ceiling, floor, or other structural part of a building, whether
or not that alteration affects the external dimensions of the building.
(2)
Time extensions shall be granted only if a written request is
submitted by the applicant, which sets forth sufficient and reasonable
cause for the Floodplain Administrator to approve such a request,
and the original permit is compliant with this Chapter and FIRM/FIS
in effect at the time the extension is granted.
J.
Enforcement.
(1)
Notices. Whenever the Floodplain Administrator or other authorized
Township representative determines that there are reasonable grounds
to believe that there has been a violation of any provisions of this
Chapter, or of any regulations adopted pursuant thereto, the Floodplain
Administrator shall give notice of such alleged violation as hereinafter
provided. Such notice shall:
(a)
Be in writing.
(b)
Include a statement of the reasons for its issuance.
(c)
Allow a reasonable time not to exceed a period of 30 days for
the performance of any act it requires.
(d)
Be served upon the property owner or his agent as the case may
require; provided, however, that such notice or order shall be deemed
to have been properly served upon such owner or agent when a copy
thereof has been served with such notice by any other method authorized
or required by the laws of this state.
(e)
Contain an outline of remedial actions which, if taken, will
effect compliance with the provisions of this Chapter.
(2)
Penalties. Any person who fails to comply with any or all of
the requirements or provisions of this Chapter or who fails or refuses
to comply with any notice, order of direction of the Floodplain Administrator
or any other authorized employee of the Township shall be guilty of
a summary offense and upon conviction shall pay a fine to Plainfield
Township, of not less than $25 nor more than $600 plus costs of prosecution.
In addition to the above penalties all other actions are hereby reserved
including an action in equity for the proper enforcement of this Chapter.
The imposition of a fine or penalty for any violation of, or noncompliance
with this Chapter shall not excuse the violation or noncompliance
or permit it to continue. All such persons shall be required to correct
or remedy such violations and noncompliance within a reasonable time.
Any development initiated or any structure or building constructed,
reconstructed, enlarged, altered, or relocated, in noncompliance with
this Chapter may be declared by the Plainfield Township Zoning Hearing
Board to be a public nuisance and abatable as such.
K.
Appeals.
(1)
Any person aggrieved by any action or decision of the Floodplain
Administrator concerning the administration of the provisions of this
Chapter, may appeal to the Plainfield Township Zoning Hearing Board.
Such appeal must be filed, in writing, within 30 days after the decision,
determination or action of the Floodplain Administrator.
(2)
Upon receipt of such appeal the Plainfield Township Zoning Hearing
Board shall set a time and place, within not less than 10 or not more
than 30 days, for the purpose of considering the appeal. Notice of
the time and place at which the appeal will be considered shall be
given to all parties.
(3)
Any person aggrieved by any decision of the Plainfield Township
Zoning Hearing Board may seek relief therefrom by appeal to court,
as provided by the laws of this state including the Pennsylvania Floodplain
Management Act.
10.
Variances Within Flood Hazard Districts.
A.
If compliance with any of the requirements of this Chapter would
result in an exceptional hardship for a prospective builder, developer
or landowner, the Zoning Hearing Board and Building Code Appeals Board
may, upon request, grant relief from the strict application of the
requirements.
B.
Variance Procedures and Requirements. Requests for variances shall
be considered by the Boards in accordance with this Chapter and with
the following recommendations:
(1)
No variance shall be granted for any construction, development, use or activity within any floodplain area that would cause any increase in the base flood elevation (BFE). In A Area/District, BFEs are determined using the methodology in Subsection 3B(3).
(2)
If granted, a variance shall involve only the least modification
necessary to provide relief and shall specifically call out from what
sections of this Chapter relief is granted. All other sections of
this Chapter shall remain in effect.
(3)
In granting any variance, the Boards shall attach whatever reasonable
conditions and safeguards they consider necessary in order to protect
the public health, safety and welfare and to achieve the objectives
of this Chapter.
(5)
In reviewing any request for a variance, the Boards shall consider,
but not be limited to the following:
(a)
There is good and sufficient cause for the variance.
(b)
Failure to grant the variance would result in exceptional hardship
to the applicant.
(c)
The granting of the variance will not result in an unacceptable
or prohibited increase in flood heights, additional threats to public
safety, extraordinary public expense, create nuisances, cause fraud
on or victimization of the public or conflict with any other applicable
state or local ordinance regulations.
(d)
The review factors listed in Subsection 10C, below.
(6)
A complete record of all variance requests and related actions
shall be maintained by Plainfield Township. In addition, a report
of all variances granted during the year shall be included in the
annual report to the Federal Emergency Management Agency.
C.
Review Factors. In reviewing applications for a variance, the Boards
shall consider all relevant factors and procedures specified in other
Parts of this Chapter and:
(1)
The danger to life and property due to increased flood heights
or velocities caused by encroachments.
(2)
The danger that materials may be swept on to other lands or
downstream to the injury of others.
(3)
The proposed water supply and sanitation systems and the ability
of these systems to prevent disease, contamination and unsanitary
conditions.
(4)
The susceptibility of the proposed use and its contents to flood
damage and the effect of such damage on the individual owners.
(5)
The importance of the services provided by the proposed use
to the community.
(6)
The requirements of the use for a waterfront location.
(7)
The availability of alternative locations not subject to flooding
for the proposed use.
(8)
The compatibility of the proposed use with existing development
and development anticipated in the foreseeable future.
(9)
The relationship of the proposed use to the Plainfield Township
Comprehensive Plan and the Plainfield Township stormwater management
objectives and regulations.
(10)
The safety of access to the property in times of flood of ordinary
and emergency vehicles.
(11)
The expected heights, velocity, duration, rate of rise and sediment
transport of the flood waters expected at the site.
(12)
The requirements of the National Flood Insurance Program Regulations,
Part 59, General Provisions, and Part 60, Criteria for Land Management
and Use.
(13)
Such other factors which are relevant to the purposes of this
Chapter.
D.
Supplemental Technical Review. The Boards may refer any application
and accompanying documentation pertaining to any request for a variance
to any engineer or other qualified person or agency for:
(1)
Technical assistance in evaluating the proposed project in relation
to flood heights and velocities, and the adequacy of the plans for
protection and other related matters.
(2)
All 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 Plainfield Township.
E.
Notwithstanding any of the above, however, all structures shall be
designed and constructed so as to have the capability of resisting
the one-percent annual chance flood.
11.
Technical Provisions. For any construction, development or improvement
within the Flood Hazard District permitted by this Chapter or by variance,
the provisions of this Chapter and the following technical provisions
shall be followed:
A.
General.
(1)
Alteration or Relocation of Watercourse.
(a)
No encroachment, alteration, or improvement of any kind shall
be made to any watercourse until all adjacent municipalities which
may be affected by such action have been notified by the Township,
and until all required permits or approvals have first been obtained
from the Department of Environmental Protection Regional Office.
(b)
No encroachment, alteration, or improvement of any kind shall
be made to any watercourse unless it can be shown that the activity
will not reduce or impede the flood carrying capacity of the watercourse
in any way.
(c)
In addition, FEMA and the Pennsylvania Department of Community
and Economic Development, shall be notified prior to any alteration
or relocation of any watercourse.
(2)
Technical or scientific data shall be submitted by to FEMA for
a Letter of Map Revision (LOMR) as soon as practicable but within
six months of any new construction, development, or other activity
resulting in changes in the BFE. The situations when a LOMR or a Conditional
Letter of Map Revision (CLOMR) are required are:
(a)
Any development that causes a rise in the base flood elevations
within the floodway.
(b)
Any development occurring in Zone AE without a designated floodway,
which will cause a rise of more than one foot in the base flood elevation.
(c)
Alteration or relocation of a stream (including, but not limited
to, installing culverts and bridges).
(3)
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.
B.
Elevation and Floodproofing Requirements.
(1)
Residential Structures.
(a)
In AE, any new construction or substantial improvement shall
have the lowest floor (including basement) elevated up to, or above,
the regulatory flood elevation.
(b)
In A Zones, where there are no base flood elevations specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation determined in accordance with Subsection 3B(3) of this Chapter.
(c)
The design and construction standards and specifications contained
in the 2009 International Building Code (IBC) and in the 2009 International
Residential Code (IRC) or the most recent revisions thereof and ASCE
24 and 34 Pa. Code (Chapters 401-405 as amended) shall be utilized.
(2)
Nonresidential Structures.
(a)
In AE, any new construction or substantial improvement of a
nonresidential 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 below the regulatory flood
elevation:
(b)
In A Zones, where there no base flood elevations are specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated or completely floodproofed up to, or above, the regulatory flood elevation determined in accordance with Subsection 3B(3) of this Chapter.
(c)
Any nonresidential structure, or part thereof, made watertight
below the regulatory flood elevation shall be floodproofed in accordance
with the W1 or 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 approved by Plainfield Township.
All plans and specifications for such floodproofing shall be accompanied
by a statement certified by a registered professional engineer or
architect which states that the proposed design and methods of construction
are in conformance with the above referenced standards.
(d)
The design and construction standards and specifications contained
in the 2009 International Building Code (IBC) and in the 2009 International
Residential Code (IRC) or the most recent revisions thereof and ASCE
24 and 34 Pa. Code (Chapters 401-405 as amended) shall be utilized.
(3)
Space Below the Lowest Floor.
(a)
Fully enclosed space below the lowest floor (excluding basements)
which will be used solely for the 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 flood
waters for the purpose of equalizing hydrostatic forces on exterior
walls. The term "fully enclosed space" also includes crawl spaces.
(b)
Designs for meeting this requirement must either be certified
by a registered professional engineer or architect, or meet or exceed
the following minimum criteria:
1)
A minimum of two openings having 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, or other coverings
or devices provided that they permit the automatic entry and exit
of floodwaters.
(4)
Historic Structures. Historic structures undergoing repair or
rehabilitation that would constitute a substantial improvement as
defined in this Chapter, must comply with all ordinance requirements
that do not preclude the structure's continued designation as a historic
structure. Documentation that a specific chapter requirement will
cause removal of the structure from the National Register of Historic
places or the State Inventory of Historic places must be obtained
from the Secretary of the Interior or the State Historic Preservation
Officer. Any exemption from chapter requirements will be the minimum
necessary to preserve the historic character and design of the structure.
(5)
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 requirements:
(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 200 square feet.
(c)
The structure will have a low damage potential.
(d)
The structure will be located on the site so as to cause the
least obstruction to the flow of flood waters.
(e)
Power lines, wiring, and outlets will be elevated to the regulatory
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 the
entry and exit of floodwater for the purpose of equalizing hydrostatic
forces on the walls. Designs for meeting this requirement must either
be certified by a registered professional engineer or architect, or
meet or exceed the following minimum criteria:
1)
A minimum of two openings having 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 flood waters.
C.
Design and Construction Standards. The following minimum standards
shall apply for all construction and development proposed within any
identified floodplain area:
(1)
Water and Sanitary Sewer Facilities and Systems.
(a)
All new or replacement water supply and sanitary sewer facilities
and systems shall be located, designed and constructed to minimize
or eliminate flood damages and the infiltration of flood waters.
(b)
Sanitary sewer facilities and systems shall be designed to prevent
the discharge of untreated sewage into flood waters.
(c)
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)
The design and construction provisions of the UCC and FEMA #348,
"Protecting Building Utilities From Flood Damages" and "The International
Private Sewage Disposal Code" shall be utilized.
(2)
Other Utilities. All other utilities such as gas lines, electrical
and telephone systems shall be located, elevated (where possible)
and constructed to minimize the chance of impairment during a flood.
(3)
Streets. The finished elevation of all new streets shall be
no more than one foot below the regulatory flood elevation.
(4)
Subdivisions. All subdivision proposals and development proposals
containing at least 10 lots or at least five acres, whichever is the
lesser, in identified floodplain areas where base flood elevation
data are not available, shall be supported by hydrologic and hydraulic
engineering analyses that determine base flood elevations and floodway
information. The analyses shall be prepared by a licensed professional
engineer in a format required by FEMA for a Conditional Letter of
Map Revision or Letter of Map Revision. Submittal requirements and
processing fees shall be the responsibility of the applicant.
D.
Special Requirements for Recreational Vehicles.
E.
Special Requirements for Manufactured Homes.
(1)
Where permitted within any identified floodplain area, all manufactured
homes, and any improvements thereto, shall be:
(a)
Placed on a permanent foundation.
(b)
Elevated so that the lowest floor of the manufactured home is
at least 1 1/2 feet above base flood elevation.
(c)
Anchored to resist flotation, collapse, or lateral movement.
(d)
And have all ductwork and utilities including HVAC/heat pump
elevated to the regulatory flood elevation.
(2)
Installation of manufactured homes shall be done in accordance
with the manufacturers' installation instructions as provided by the
manufacturer. Where the applicant cannot provide the above information,
the requirements of Appendix E of the 2009 "International Residential
Building Code" or the "U.S. Department of Housing and Urban Development's
Permanent Foundations for Manufactured Housing," 1984 Edition, draft
or latest revision thereto and 34 Pa. Code, Chapter 401 — 405
shall apply.
(3)
Consideration shall be given to the installation requirements
of the 2009 IBC, and the 2009 IRC or the most recent revisions thereto
and 34 Pa. Code, as amended where appropriate and/or applicable to
units where the manufacturers' standards for anchoring cannot be provided
or were not established for the proposed unit(s) installation.
12.
A AREA/DISTRICT
AE AREA/DISTRICT
BASE FLOOD
BASE FLOOD DISCHARGE
BASE FLOOD ELEVATION
BASEMENT
DEVELOPMENT
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
FLOOD
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY (FIS)
FLOODPLAIN AREA
FLOODPROOFING
FLOODWAY
FLOODWAY AREA/DISTRICT
HISTORIC STRUCTURES
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK OR SUBDIVISION
MANURE
MANURE STOCKPILE
MANURE STORAGE FACILITY
NEW CONSTRUCTION
NEW MANUFACTURED HOME PARK OR SUBDIVISION
NONCONFORMING STRUCTURE
NONCONFORMING USE
RECONSTRUCTION
RECREATIONAL VEHICLE
REGULATORY FLOOD ELEVATION
SPECIAL FLOOD HAZARD AREA (SFHA)
START OF CONSTRUCTION
STRUCTURE-WITHIN FHD
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
UNIFORM CONSTRUCTION CODE (UCC)
VIOLATION
WATERCOURSE
Definitions. For projects or activities located in the FHD, definitions found in § 27-202 shall apply unless superseded by a definition in this subsection. Definitions for use specifically with this subsection shall be as follows:
See Subsection 3B.
See Subsection 3B.
A flood which has a one-percent chance of being equaled or
exceeded in any given year (also called the "one-hundred-year flood"
or one-percent annual chance flood).
The volume of water resulting from a base flood as it passes
a given location within a given time, usually expressed in cubic feet
per second (cfs).
The elevation shown on the Flood Insurance Rate Map (FIRM)
that indicates the water surface elevation resulting from a flood
that has a one-percent chance of equaling or exceeding that level
in any given year.
Any area of the building having its floor below ground level
on all sides.
Any man-made change to improved or unimproved real estate,
including, but not limited to, the construction, reconstruction, renovation,
repair, expansion, or alteration of buildings or other structures;
the placement of manufactured homes; streets, and other paving; utilities;
filling, grading and excavation; mining; dredging; drilling operations;
storage of equipment or materials; and the subdivision of land.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed before the effective date of
the floodplain management regulations adopted by a community.
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufactured homes
are to be affixed (including the installation of utilities, the construction
of streets, and either final site grading or the pouring of concrete
pad).
A temporary inundation of normally dry land areas.
The Official Map on which the Federal Emergency Management
Agency has delineated both the areas of special flood hazards and
the risk premium zones applicable to the community.
The official report provided by the Federal Emergency Management
Agency that includes flood profiles, the Flood Insurance Rate Map,
the Flood Boundary and Floodway Map, and the water surface elevation
of the base flood.
A relatively flat or low land area which is subject to partial
or complete inundation from an adjoining or nearby stream, river or
watercourse; and/or any area subject to the unusual and rapid accumulation
of surface waters from any source.
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot.
See Subsection 3B.
Any structure that is:
|
(1) Listed individually in the National Register of Historic
Places (a listing maintained by the Department of Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register.
| ||
|
(2) Certified or preliminarily determined by the Secretary of
the Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district.
| ||
|
(3) Individually listed on a state inventory of historic places
in states which have been approved by the Secretary of the Interior.
| ||
|
(4) Individually listed on a local inventory of historic places
in communities with historic preservation that have been certified
either:
| ||
|
(a) By an approved state program as determined by the Secretary
of the Interior.
| ||
|
(b) Directly by the Secretary of the Interior in States without
approved programs.
| ||
The lowest floor of the lowest fully enclosed area (including
basement). An unfinished, flood resistant partially enclosed area,
used solely for parking of vehicles, building access, and incidental
storage, in an area other than a basement area is not considered the
lowest floor of a building, provided that such space is not designed
and built so that the structure is in violation of the applicable
non-elevation design requirements of this Chapter.
A structure, transportable in one or more sections, which
is built on a permanent chassis, and is designed for use with or without
a permanent foundation when attached to the required utilities. The
term includes park trailers, travel trailers, recreational and other
similar vehicles which are placed on a site for more than 180 consecutive
days.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
The animal excrement, including poultry litter, which is
produced at an agricultural operation. It includes materials such
as bedding and raw materials which are commingled with that excrement.
A storage pile of manure accumulated for future use that
is not confined within a manure storage facility.
A permanent structure or pond, a portion of a structure or
pond, or a group of structures or ponds at one agricultural operation,
utilized for the purpose of containing manure or agricultural process
wastewater. This includes concrete, metal or other fabricated tanks
and underground structures, as well as earthen and synthetically-lined
manure storage ponds.
Structures for which the start of construction commenced
on or after the effective start date of this Part and includes any
subsequent improvements to such structures. Any construction started
after January 16, 1980, and before the effective start date of this
Part is subject to the ordinance in effect at the time the permit
was issued, provided the start of construction was within 180 days
of permit issuance.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after the effective date
of floodplain management regulations adopted by a community.
A structure or part thereof which does not conform to the
applicable provisions or requirements of the district in which it
is located, either at the time of enactment of an ordinance, or as
a result of subsequent amendments thereto, where such structure lawfully
existed prior to the enactment of such ordinance or amendment.
Use of land or structure, which use does not conform to the
applicable regulations of the district in which it is located, either
at the time of the enactment of an ordinance or as a result of subsequent
amendment of an ordinance or as a result of subsequent amendments
thereto, but which did not violate such regulations prior to the enactment
of ordinance or amendments.
The act or process of reproducing by new construction the
exact form and detail of a structure or a part thereof, as it appeared
at a specific period of time.
A vehicle which is:
|
(1) Built on a single chassis.
| |
|
(2) Not more than 400 square feet, measured at the largest horizontal
projections.
| |
|
(3) Designed to be self-propelled or permanently towable by
a light-duty truck.
| |
|
(4) Not designed for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
|
The base flood elevation (BFE) or estimated flood height
as determined using simplified methods plus a freeboard safety factor
of 1 1/2 feet.
An area in the floodplain subject to a one-percent or greater
chance of flooding in any given year. It is shown on the FIRM as Zone
A, AO, A1-A30, AE, A99, or, AH.
Includes substantial improvement and other proposed new development
and means the date the permit was issued, provided the actual start
of construction, repair, reconstruction, rehabilitation, addition,
placement, or other improvement was within 180 days from the date
of the permit and shall be completed within 12 months after the date
of issuance of the permit unless a time extension is granted, in writing,
by the Floodplain Administrator. The actual start means either the
first placement of permanent construction of a structure on a site,
such as the pouring of slab or footings, the installation of piles,
the construction of columns, or any work beyond the stage of excavation;
or the placement of a manufacture home on a foundation. Permanent
construction does not include land preparation, such as clearing,
grading, and filling; nor does it include the installation of streets
and/or walkways; nor does it include excavation for a basement, footings,
piers, or foundations or the erection of temporary forms; nor does
it include the installation on the property of accessory buildings,
such as garages or sheds not occupied as dwelling units or not part
of the main structure. For a substantial improvement, the actual start
of construction means the first, alteration of any wall, ceiling,
floor, or other structural part of a building, whether or not that
alteration affects the external dimensions of the building.
A walled and roofed building, including a gas or liquid storage
tank that is principally above ground, as well as a manufactured home
including, any man-made object having an ascertainable stationary
location on or in land or water whether or not affixed to land. The
term structure shall include: buildings, walls, swimming pool, porches,
garages, and similar structures. "Structure" shall be interpreted
as including the words "or part thereof." For the purposes of this
Part, picnic tables, park benches, grills and playground equipment
(all if anchored to prevent flotation), parking facilities or parking
lots and their access driveways, associated signs and light standards
shall not be considered structures.
Damage from any cause sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% or more of the market value of the structure before
the damage occurred.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, of which the cost equals or exceeds 50% of the market
value of the structure before the "start of construction" of the improvement.
The term does not, however, include any project for improvement of
a structure to correct existing violations of state or local health,
sanitary, or safety code specifications which have been identified
by the local code enforcement official and which are the minimum necessary
to assure safe living conditions.
The statewide building code adopted by the Pennsylvania General
Assembly in 1999, applicable to new construction in all municipalities
whether administered by the Township, a third party or the Department
of Labor and Industry. Applicable to residential and commercial buildings,
the Code adopted the International Residential Code (IRC) and the
International Building Code (IBC), by reference, as the construction
standard applicable with the state floodplain construction. For coordination
purposes, references to the above are made specifically to various
sections of the IRC and the IBC.
The failure of a structure or other development to be fully
compliant with the community's floodplain management regulations.
A structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required in
44 CFR 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5)
is presumed to be in violation until such time as that documentation
is provided.
A watercourse is a channel or conveyance of surface water
having defined bed and banks, whether natural or artificial, with
perennial or intermittent flow, shown as hydrology (blue lines) on
the latest version of the Plainfield Township Zoning Map. Man-made
swales, constructed specifically for stormwater management purposes,
are excluded from this definition.
[Ord. 275, 2/9/2000, § 508]
1.
Permit Required. All activities which require the moving of earth
or the filling or excavation of an area shall obtain a zoning permit
issued by the Zoning Officer. Finish grading or incidental grading
of a lot and minor earthmoving from one place to another on a lot
for landscaping or agricultural purposes shall not require a zoning
permit.
2.
Grading Regulations.
A.
The existing grade shall not be increased so that unstable slopes
are created.
B.
The surface area of any yard adjacent to a building or structure
shall be graded so that surface water will be drained away from such
structure.
C.
The deposit of soils, detritus or other debris (as a result of site
preparation, grading, or excavating) shall not be unsightly or detrimental
to any property, street, sewer, or natural waterways.
D.
All County Soil Conservation Service regulations shall apply.
[Ord. 275, 2/9/2000, § 509]
1.
No flammable or explosive liquids, solids, or gases shall be stored
in bulk above the ground, except for tanks or drums of less than 600
gallons of fuel which is directly connected with engines, heating
devices, or appliances located and operated on the same lot as the
tanks or drums of fuel and which have been approved by the Township.
2.
All outdoor storage facilities for fuel, raw materials, and products stored outdoors (including those permitted in Subsection 1) shall be enclosed by a fence of a type, construction and size as shall be adequate to protect the public health, safety, and welfare.
[Ord. 275, 2/9/2000, § 510]
All methods of sewage and waste treatment and disposal shall
be approved by the Pennsylvania Department of Environmental Protection
and in accordance with the sewage plan for the Township.
[Ord. 275, 2/9/2000, § 511]
1.
No person shall operate or cause to be operated on private or public
property any source of continuous sound (any sound which is static,
fluctuating or intermittent with a recurrence greater than one time
in any 15 second interval) in such a manner as to create a sound level
which exceeds the limits set forth for the receiving land use category
in the following table when measured at or within the property boundary
of the receiving land use:
[Amended by Ord. No. 393, 9/11/2019]
|
Sound Level Limits by Receiving Land Use and Time
| |||
|---|---|---|---|
|
Receiving Land Use Category
|
Time
|
Sound Level Limit
(dBA)
| |
|
Residential, Public Space, Open Space, Agricultural or Institutional,
Public Recreation Lands and Trails
|
1)
|
7:00 a.m. — 10:00 p.m.
|
60
|
|
2)
|
10:00 p.m. — 7:00 a.m. plus Sundays and legal holidays
|
50
| |
|
Commercial or Business
|
1)
|
7:00 a.m. — 10:00 p.m.
|
65
|
|
2)
|
10:00 p.m. — 7:00 a.m. plus Sunday and legal holidays
|
60
| |
|
Industrial
|
At all times
|
70
| |
2.
The following shall be the maximum sound levels for the stated times.
The sound levels shall be measured at the lot line of the receiving
dwelling or zoning boundary.
3.
For any source of sound which emits a pure tone, the maximum sound level limits set forth in Subsection 1 shall be reduced by 5 dBA.
4.
The maximum permissible sound level limits set forth in Subsection 1 shall not apply to any of the following noise sources:
A.
The emission of sound for the purpose of alerting persons to the
existence of an emergency.
B.
Emergency work to provide electricity, water, or other public utilities
when public health or safety are involved.
C.
Domestic power tools, between the hours of 8:00 a.m. and 9:00 p.m.
on Mondays through Fridays and between 8:00 a.m. and 5:00 p.m. on
Saturdays or Sunday.
D.
Explosives and construction operations.
E.
Agriculture.
F.
Motor vehicle operations.
G.
Public celebrations, specifically authorized by the Township.
H.
Surface carriers engaged in commerce by railroad.
I.
The unamplified human voice.
5.
For any source of sound which emits an impulsive sound (a sound of
short duration, with an abrupt onset and rapid decay and an occurrence
of not more than one time in any 15-second interval) the excursions
of sound pressure level shall not exceed 20 dBA over the ambient sound
pressure level, regardless of time of day or night or receiving land
use, using the "fast" meter characteristic of a Type II meter, meeting
the ANSI Specifications S1.4-1971.
[Ord. 275, 2/9/2000, § 512]
1.
No person shall operate or permit the operation of any device or
conduct or permit any use to be conducted that creates vibration which
is above the vibration perception threshold of an individual at or
beyond the property boundary of the source (if on private property)
or at 50 feet from the source (if on a public space or public right-of-way).
2.
For the purposes of Subsection 1, "vibration perception threshold" means the minimum ground-or-structure-borne vibrational motion necessary to cause a normal person to be aware of the vibration by such direct means as, but not limited to, sensation by touch or visual observation of moving objects.
[Ord. 275, 2/9/2000, § 513]
No person shall operate or permit the operation of any device
or conduct or permit any use to be conducted which does not conform
with the standards established under the State Air Pollution Control
Act of January 9, 1960, P.L. 2119, as amended, 35 P.S. § 4001
et seq. and Title 25, Pa. Code, Rules and Regulations, Department
of Environmental Protection, Subpart C, Protection of Natural Resources,
Article III, Air Resources.
[Ord. 275, 2/9/2000, § 514, as amended by Ord. No.
393, 9/11/2019]
1.
Street Lighting Exempted. This § 27-514 shall not apply to street lighting that is approved to be in the street right-of-way, or an individual porch light of less than eight feet total height attached to a dwelling or within a front yard (not including an unshielded spot light).
2.
Height of Lights. No luminaire, spotlight or other light source that
is within 200 feet of a lot line of an existing dwelling or approved
residential lot or within a residential district or the BMC District
shall be placed at a height exceeding 20 feet above the average surrounding
ground level. In other situations, a luminaire or spotlight shall
not be placed more than 30 feet above the average surrounding ground
level. These limitations shall not apply to lights needed for air
safety or lights intended solely to illuminate an architectural feature
of a building, nor lighting of outdoor public recreation facilities
that is aimed downward. Lights that are attached to the top of a sign
and that are aimed downwards may have a height equal to the total
height of the sign.
3.
Diffused. All light sources, including signs, shall be properly diffused
as needed with a translucent or similar cover to prevent exposed bulbs
from being directly visible from streets, public sidewalks, dwellings
or adjacent lots.
4.
Shielding. All light sources, including signs, shall be shielded
around the light source and carefully directed and placed to prevent
the lighting from creating a nuisance to reasonable persons in adjacent
dwellings, and to prevent the lighting from shining into the eyes
of passing motorists.
5.
Flickering. Flashing, flickering or strobe lighting are prohibited,
except for nonadvertising seasonal lights between October 25th and
January 10th.
6.
Gasoline Sales Canopies. Any canopy over gasoline pumps shall have
light fixtures recessed into the canopy or screened by an extension
around the bottom of the canopy so that lighting elements are not
visible from another lot or street.
7.
Maximum Spillover. Exterior lighting from any use onto a residential
use shall not cause a spillover of light onto a residential lot that
exceeds 0.1 of a footcandle, measured at line of sight inside the
residential lot line, except where that lighting level is already
exceeded by preexisting conditions, the spillover may be increased
by 0.1 footcandle. This limit shall also apply to sign lighting.
8.
Lighting of Horizontal Surfaces. For the lighting of predominantly horizontal surfaces such as parking areas and vehicle sales areas, lighting fixtures shall be aimed downward and shall include full cut-off measures as needed to properly direct the light and to meet the maximum spillover requirements of Subsection 7 above and to prevent glare onto streets. The Township may require that light fixtures for nonresidential uses be placed along the street and be aimed away from the street in a manner that also minimizes light shining onto residential lots.
9.
Lighting of Nonhorizontal Surfaces. For lighting of predominantly
nonhorizontal surfaces such building walls and wall signs, lighting
fixtures shall be fully shielded and shall be aimed so as to not project
light towards neighboring residences or past the object being illuminated
or skyward. Any lighting of a flag shall use a beam no wider than
necessary to illuminate the flag. Lighting of a billboard should be
attached to the top of the billboard and project downward. However,
lighting shall be allowed of the United States flag from dusk to dawn,
provided the light source shall have a beam spread no greater than
necessary to illuminate the flag.
10.
Upward Lighting and Lasers. Spotlights shall not be directed upwards
into the sky. Laser lights shall not be directed into the sky to attract
attention to a business or activity.
11.
FOOTCANDLE
FULL CUTOFF
FULLY SHIELDED
GLARE
NITS
Lighting Definitions. As used in this Subsection, the following terms
shall have the meanings indicated:
Unit of light density incident on a plane (assumed to be
horizontal unless otherwise specified). A unit of illumination equal
to one lumen per square foot as measured with an Illuminance meter,
which is commonly known as a light meter. This is the illuminance
provided by a light source of intensity one candle at distance of
one feet, hence the name.
Attribute of a lighting fixture from which no light is emitted
at or above a horizontal plane drawn through the bottom of the fixture
and no more than 10% of the lamp's intensity is emitted at or above
an angle 10° below that horizontal plane, at all lateral angles
around the fixture.
Attribute of a lighting fixture provided with internal and/or
external shields and louvers to prevent brightness from lamps, reflectors,
refractors and lenses from causing glare at normal viewing angles.
Excessive brightness in the field of view that is sufficiently
greater than that to which the eyes are adapted, to cause annoyance
or loss in visual performance and visibility, so as to jeopardize
health, safety or welfare.
A measurement of the brightness of light. One nit is equal
to one candela (one candlepower) per square meter.
[Ord. 275, 2/9/2000, § 515]
1.
Every use requiring power shall be so operated that any service lines,
substation, or other facility shall:
[Ord. 275, 2/9/2000, § 516]
1.
No person shall operate or permit the operation of any device or
conduct or permit any use to be conducted which does not comply with
the regulations of the Pennsylvania Department of Environmental Protection's
Division of Radiology, the Federal Nuclear Regulatory Commission,
and the Federal Interstate Commerce Commission.
2.
No person shall conduct or permit any use to be conducted which causes
electrical disturbances (except from domestic household appliances)
to adversely affect any equipment at any time other than the equipment
creating the disturbance.
[Ord. 275, 2/9/2000; as added by Ord. 307, 3/29/2006, § 8;
and by Ord. 356, 12/12/2012, § 3]
1.
Any subdivision creating a building lot that is submitted for preliminary
plan approval or combined preliminary/final plan approval after the
effective date of this Section shall comply with this Section requirements.
2.
The applicant shall delineate on the plans and prove that each lot
intended for a single family detached dwelling that will be served
by an on-lot sewage disposal system shall include a minimum of 40,000
square feet of contiguous land area that does not include any of the
following features: Class A Steep Slopes, wetlands, ponds, riparian
buffers and one-hundred-year floodplain. This contiguous land area
shall be used for the construction of the principal building. If it
is infeasible to provide this area in accordance with the requirements
of the underlying zoning district, the lot area shall be increased
as necessary to provide the minimum area.
3.
The applicant shall delineate on the plans and prove that each lot
intended for a single-family detached dwelling that will be served
by centralized sewage service shall include a minimum of 10,000 square
feet of contiguous land area that does not include any of the following
features: Class A Steep Slopes, wetlands, ponds, riparian buffers
and one-hundred-year floodplain. This contiguous land area shall be
used for the construction of the principal building. If it is infeasible
to provide this area in accordance with the requirements of the underlying
zoning district, the lot area shall be increased as necessary to provide
the minimum area.
[Ord. 275, 2/9/2000; as added by Ord. 357, 12/12/2012, § 1]
1.
Purposes. The purpose of this Section is to preserve, protect, replace
and properly maintain trees within Plainfield Township to aid in the
stabilization of soil by the prevention of erosion and sedimentation;
reduce stormwater runoff and the costs associated therewith and replenish
ground water supplies; aid in the removal of carbon dioxide and generation
of oxygen in the atmosphere; provide a buffer and screen against noise
pollution; provide shade; provide protection against severe weather;
aid in the control of drainage and restoration of soil subsequent
to construction or grading; conserve and enhance Plainfield Township's
physical and aesthetic environment; promote good forest stewardship;
avoid unreasonable and unnecessary restrictions on the right to practice
forestry; and generally protect and enhance the quality of life and
welfare of Plainfield Township.
2.
Applicability.
A.
This Chapter shall apply to all lands within Plainfield Township
which contain trees having a diameter at breast height (DBH) in excess
of six inches that are located within any of the following areas:
(1)
Riparian buffers, conservation and other protective easements
established by plan or agreement.
(2)
The natural areas identified in the Pen Argyl-Plainfield Township-Wind
Gap Regional Comprehensive Plan as Grand Central Woods and Big Offset
Barren.
(3)
Wetlands.
(4)
One hundred feet of a watercourse or permanent pond or lake.
(5)
An area where construction is proposed.
(6)
An area to be part of a timber harvest.
B.
The cutting of trees for the personal use of the landowner and not for resale in any form is not considered timber harvesting, but must comply with Subsection 5, "Greenway Protection."
D.
Timber harvesting shall be a permitted use by right in all zoning
districts with compliance with the requirements of this Section.
E.
In the case where other Plainfield Township ordinances conflict with
the provisions of this Section, the most restrictive requirements
shall apply.
3.
CALIPER
CLEAR CUTTING
DIAMETER AT BREAST HEIGHT OR DBH
DIKE OR DAM
DRIPLINE
EVERGREEN TREE
FELLING
FORESTRY OPERATOR
HAUL ROAD
INVASIVE PLANTS
ISA
LAND DISTURBING ACTIVITY
LANDING
LANDOWNER
LITTER
PERSONAL USE
SKID ROAD
SKID TRAIL
SKIDDING
SLASH
STAND
STREAMBANK
STUMP
THINNING
TIMBER HARVESTING OR TIMBER HARVESTING OPERATION
TREE
TREE PROTECTION ZONE
TREETOP
VEGETATION
WATERCOURSE
WETLAND
Definitions.
The diameter of a tree trunk measured in inches, six inches
above (ground level for trees up to four inches at DBH and 12 inches
above ground level for trees over four inches at DBH.
The cutting of trees so that in any 1.0 acre of previous
woodland, less than 30% of the canopy produced by trees with a DBH
of six inches or greater remain.
The diameter of a tree is measured at a height of 4.5 feet
above the ground, on the uphill side of the stem, using a tree caliper,
a diameter tape or a Biltmore stick.
An embankment constructed as a barrier to control the flow,
hold back or raise the level of water, consisting of a top width and
front and rear embankment slopes.
The outside edge of the area located directly beneath the
canopy of a plant upon which rain is intercepted before it falls to
the ground.
A tree having foliage that persists and remains green throughout
the year.
The act of cutting a standing tree so that it falls to the
ground.
An individual, partnership, company, firm, association or
corporation engaged in timber harvesting, including the agents, subcontractors
and employees thereof.
A constructed road of dirt and/or gravel utilized for moving
cut trees from the point where they are loaded on a truck to exit
from the site.
Those plants listed on the Department of Conservation and
Natural Resources (DCNR) publication entitled "Invasive Plants in
Pennsylvania."
International Society of Arboriculture.
Any change of the land surface including removing vegetative
cover, excavation, filling, grading and/or the construction of any
structure. An agricultural activity such as the planting, growing,
cultivating and harvesting of crops is exempt from this definition.
The place where logs, pulpwood or firewood are assembled
for transportation to a processing facility.
The legal or beneficial owner or owners of land.
Discarded items not naturally occurring on the site.
A good, product or resource used for personal consumption
and not in a trade or business.
An improved road that is used by forestry equipment to transport
felled trees to the landing site and can be used by other vehicles.
A path traveled by ground skidding equipment while moving
trees or logs to a landing.
The dragging of felled trees on the ground from the stump
to the landing by any means.
Woody debris left in the woods after timber harvesting, including
logs, chunks, bark, branches, uprooted stumps, and broken or uprooted
trees or shrubs.
Any area of forest vegetation whose site conditions, past
history and current species composition are sufficiently uniform to
be managed as a unit.
The break in the slope between the waterline of a watercourse
and the surrounding land area.
The base part of a tree that remains standing after the tree
has been felled.
The systematic removal of selected trees to improve the health
and growth of the residual stand.
Process of cutting down trees, removing logs from the forest
for the primary purpose of sale or commercial processing into wood
products.
Any self-supporting woody plant, not less than a two-inch
caliper.
An area that is radial to the trunk of a tree in which no
construction activity shall occur. The zone shall be at least five
feet beyond the dripline of the tree. Where there is a group of trees
or woodlands, the zone shall be the aggregate of the protection zones
of the trees.
The upper portion of a felled tree that is not merchantable
because of small size, taper or defect.
Trees, shrubs, ground cover and other plants that stabilize
the soil.
A watercourse is a channel or conveyance of surface water
having defined bed and banks, whether natural or artificial, with
perennial or intermittent flow, shown as Hydrology (blue lines) on
the latest version of the Plainfield Township Zoning Map. Man-made
swales, constructed specifically for stormwater management purposes,
are excluded from this definition.
All lands regulated as wetlands by the Pennsylvania Department
of Environmental Protection and/or the United States Army Corps of
Engineers. Such areas are inundated or saturated by surface water
or groundwater at a frequency and duration sufficient to support,
and that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, including
swamps, marshes, bogs and similar areas.
4.
Exemptions.
A.
The following shall be exempt from this Section:
(1)
Crop trees planted in commercial Christmas tree farms, nurseries
and fruit orchards.
(2)
Removal of trees that have fallen to the ground or trees that
are dead and have not produced foliage on at least 50% of its branches
during at least one full normal growing season.
(3)
Trees directed or authorized to be removed by municipal, county,
state or federal authority.
(4)
Removal of trees whose growth may cause structural damage to
buildings or foundations or are in danger of falling, causing damage
to dwellings or other structures, or the blockage of a watercourse
or a public road.
(5)
Any tree determined to be causing a danger or be in hazardous
condition as a result of a natural event such as tornado, storm, flood
or other act of God that endangers the public health, welfare or safety
and requires immediate removal.
(6)
Any tree growing on or over a public right-of-way.
(7)
Pruning or removal of trees within sight easements or within
the right-of-way by utility companies for maintenance of utility wires
or pipelines.
(8)
Removal of trees in conjunction with those projects that have
received preliminary or preliminary/final major subdivision, land
development or site plan approval prior to the effective date of this
Section.
(9)
Removal of nonnative vegetation and invasive plants.
(10)
Trees growing on man-made earthen dikes or dams.
5.
Greenway Protection.
A.
Except as otherwise provided herein, it shall be unlawful for any
person to cut down any living tree in Plainfield Township that measures
six inches or more in diameter at breast height (DBH) that grows in
the following areas:
(1)
Riparian buffers, conservation and other protective easements
established by plan or agreement.
(2)
The natural areas identified in the Pen Argyl-Plainfield Township-Wind
Gap Regional Comprehensive Plan as Grand Central Woods and Big Offset
Barren.
(3)
Wetlands, excepting that selective thinning management of forested
wetlands is allowed at an average of 10 trees per acre of forested
wetlands, not to exceed 30%, whichever is less, over the course of
12 months. Proposed tree thinning, which would exceed this rate during
the course of 12 months, shall be considered timber harvesting and
must comply with the requirements listed in Subsection 7A.
(4)
Within 50 feet of the top of the streambank of a watercourse
or the edge of normal water level of a permanent pond or lake having
an outlet to, and located within, 1,000 feet of a watercourse.
B.
Trees listed in Subsection 5A above shall be preserved unless the
removal of trees is in accordance with this Section, or for the purpose
of managing or improving the natural habitat, with approval of the
Plainfield Township Zoning Officer.
6.
Construction-Related Tree Cutting.
A.
Living trees with a DBH of six inches or more shall not be removed
as part of or in preparation of a subdivision, land development or
other construction improvement, unless such tree meets or will meet
one or more of the following conditions where the nearest portion
of the tree trunk:
(1)
Is located in or within 10 feet of a proposed or existing vehicular
cartway (including improved shoulder) and the supporting roadside
swale.
(2)
Is within 10 feet of a proposed sidewalk.
(3)
Is within 60 feet of the foundation of a structure.
(4)
Is within a proposed utility corridor, with the exception that
trees removed purely for construction of the utility line that are
not part of the permanent area needed for continued maintenance or
direct access for maintenance of the utility line, shall be replaced
on a 1:1 basis as per Subsection 11B within six months of the completion
of construction.
|
Or the tree:
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|
(1)
|
Has a dripline which is within 20 feet of an approved stormwater
detention basin, paved area, driveway or on-lot sewage system.
| |
|
(2)
|
Poses a clear danger to a structure, utility or public improvement.
| |
|
(3)
|
Poses a sight distance obstruction for required sight lines
of a traveled road or driveway or intersections involving roads or
driveways.
| |
|
(4)
|
Is clearly unhealthy, dead or diseased.
| |
|
(5)
|
Is within an area of an approved principal or accessory use
that clearly requires the removal of the tree to the satisfaction
of the Township Zoning Officer.
| |
|
(6)
|
Is within the area of proposed construction deemed necessary
for a change in grade. The limits of these areas to be graded triggering
tree removal shall be reviewed and approved by the Township.
| |
|
(7)
|
Is within any area of improvement where tree removal is approved
by the Township.
| |
B.
Removing woodlands or existing trees to avoid requirements of this
Chapter is hereby prohibited. See Subsection 11B.
C.
Subdivision and land development plans shall clearly depict and note
the maximum extent of tree removal allowed conforming with this Chapter.
D.
During design of subdivision, land development, grading or site plans,
tree removal and encroachment into woodland areas by proposed improvements
such as, but not limited to, roads, detention basins, stormwater conveyance
systems, etc., shall be minimized. Tree trimming shall be utilized
where possible to avoid tree removal. Submission of plans to the Township
for approval must include information showing that alternatives have
been explored and analyzed. Sketch Plan submission to the Township
is recommended when tree removal is planned. The Board of Supervisors
(or the Planning Commission in the case of minor subdivisions) shall
have the right to deny, allow or allow with mitigation (tree replacement),
tree removal for construction.
E.
Once tree removal areas are established, the remaining trees shall
be designated to be within a tree protection zone. Trees within a
tree protection zone shall be subject to the following during construction:
(1)
No change in existing grade shall be permitted within the tree
protection zone. Appropriate fencing or other means of protection
acceptable to Plainfield Township shall be installed for the duration
of construction at the tree protection zone of trees being retained
and that are adjacent to construction. Roots of trees being retained
shall not be cut.
(2)
No boards or other materials shall be nailed or otherwise attached
to trees during construction.
(3)
Construction materials, equipment, soil and/or debris shall
not be stored, nor disposed of, within the tree protection zones of
trees being retained, except for mulched vegetative matter used to
prevent soil compaction.
(4)
Tree trunks, limbs and exposed roots damaged during construction
shall be protected from further damage by being treated immediately
in accordance with ISA standards.
(5)
Any clearing within the tree protection zone shall be done by
hand-operated equipment.
7.
Timber Harvesting General Regulations.
A.
When a property owner wishes to conduct, or permit to be conducted,
a timber harvesting operation on his or her property, which will remove
more than an average of 12 trees/acre of woodland with a DBH in excess
of six inches within a twelve-month period, such owner shall obtain
a timber harvesting permit from Plainfield Township.
B.
A timber harvesting permit shall not apply to:
(1)
Work performed on clearing subdivision roads and rights-of-way
as shown on subdivision plans which have received, at a minimum, preliminary
plan approval by Plainfield Township.
(2)
Work performed in accordance with land development plans which
have received, at a minimum, preliminary plan approval by Plainfield
Township.
(3)
The cutting of trees for the personal use of the landowner and
not for resale in any form.
(4)
Pre-commercial timber stand improvement on lots less than two
acres in size. Timber harvested for the above stated purpose shall
only be for use of the landowner and not for resale in any form.
(5)
The cutting of trees by or for the landowner for resale, but
not exceeding an average of 12 trees per wooded acre within a twelve-month
period.
C.
No timber harvesting shall occur until the timber harvesting permit
has been issued by the Zoning Officer. The permit application shall
be in writing and shall include a timber harvesting plan, specify
the land on which harvesting will occur, the expected size of the
harvest area, and as applicable, the anticipated starting and completion
date of the operation. Plainfield Township shall be notified in writing
before any timber harvesting operation begins and terminates. Plainfield
Township shall be notified one business day prior to starting the
timber harvest.
8.
Submission Requirements for Timber Harvesting Plan and Permit Application.
A.
Any timber harvesting operation shall be undertaken in accordance
with a timber harvesting plan approved by the Plainfield Township
Zoning Officer. All timber harvesting plans shall be prepared by a
professional forester or an individual knowledgeable in proper timber
harvesting practices and submitted to Plainfield Township for review
for compliance with the standards for timber harvesting operations
set forth herein not less than 45 days prior to commencement of the
timber harvesting operation. Within 30 days of submission to Plainfield
Township, a timber harvesting plan shall be approved; denied or approved
subject to reasonable conditions and the applicant so notified in
writing.
B.
The timber harvesting permit application shall be in writing and
shall include a timber harvesting plan submitted to Plainfield Township
for review and approval. The timber harvesting plan shall include
a plan or plans containing the following information:
(1)
Purpose of the proposed operation.
(2)
Name, address and telephone number of the property owner and
of the forestry operator responsible for the harvest.
(3)
Total property area and total land footprint area involved in
the proposed timber harvesting operation.
(4)
An erosion and sedimentation control plan must be submitted
to the Northampton County Conservation District for review. A letter
of adequacy for the plan and a copy of the final approved plan must
be submitted to the Township Zoning Officer prior to issuance of the
timber harvesting permit.
(5)
Site location and boundaries of both the entirety of the property
upon which the timber harvesting operation shall occur and the specific
area proposed for timber harvesting.
(6)
The general location of the proposed operation in relation to
municipal and state roads and any proposed accesses to those roads.
(7)
Existing watercourses, and wetlands, if timber harvest occurs
within 50 feet of that area.
(8)
Topography of the property, including all slopes of 25% or greater.
(9)
Earth disturbance locations, including skid trails and landing
areas.
(10)
Design, construction, maintenance of site work required for
the retirement closure and restoration of the access system, including
haul roads, skid roads, skid trails and landings.
(11)
Design, construction, maintenance and location of water control
measures and structures.
(12)
Design, construction, maintenance and location of proposed stream
and wetland crossings.
(13)
Proposed hours of operation and duration of forestry operation.
C.
If the timber harvest will access state or local roads via new temporary
or permanent driveways, access permits must be acquired from PennDOT
or the Township and submitted with the application for a timber harvesting
permit.
D.
Any permits required by any other agency under any applicable regulation
shall be the responsibility of the landowner or timber harvesting
operator as applicable. Copies of all required permits shall be submitted
to Plainfield Township prior to issuance of a permit.
9.
Timber Harvesting Operation Regulations.
A.
In addition to the requirements listed in this Chapter, timber harvesting
shall be conducted following the most current version of the guidelines
outlined in the Timber Harvest Operations Field Guide for Waterways,
Wetlands and Erosion Control, published by the Department of Environmental
Protection and the Best Management Practices for Pennsylvania Forests
published by Penn State, College of Agricultural Sciences.
B.
Timber harvesting is prohibited within a riparian buffer established
by plan or easement, or within 50 feet of the top of the stream bank
of a watercourse or the edge of normal water level of a permanent
pond or lake having an outlet to, and located within 1,000 feet of
a watercourse.
C.
Clear-cutting is permitted on slopes of less than 25% where it is
done for the purposes of managing or improving the natural habitat.
Clear-cutting is prohibited on areas with slopes of 25% or greater,
in floodplains and in wetlands.
D.
Trees falling on adjacent properties as a result of a timber harvesting
operation shall be returned immediately to the harvesting landowner's
properly, who shall be responsible for any damage, cost or restoration
to the affected adjacent property.
E.
Felling or skidding on or across any public road or right-of-way
is prohibited without the express written consent of Plainfield Township
or the Pennsylvania Department of Transportation, whichever is responsible
for maintenance of such public road or right-of-way.
F.
No treetops or slash shall be left:
(1)
Within 50 feet of any public road, street, adjacent property
or private roadway providing access to any adjoining property.
(2)
Within 25 feet of the boundary of any property adjoining the
timber harvesting operation without the written consent of the owner
thereof.
(3)
In a wetland or established riparian buffer unless greater damage
would result by removing treetops or slash from there.
G.
All tree tops, limbs and slash shall be cut to a height of no more
than four feet above ground level.
H.
The stumps of all felled trees shall be permitted to remain for soil
stabilization provided that they extend no more than two feet above
grade.
I.
Littering is prohibited and litter resulting from a timber harvesting
operation shall be removed from the site on a daily basis.
J.
During the periods of abnormal forest fire danger, as determined
by Plainfield Township Volunteer Fire Company, Plainfield Township
shall have the authority to order a suspension of timber harvesting
operations until the danger subsides.
K.
Plainfield Township shall have the authority to order the suspension
of any timber harvesting operation if in the opinion of Plainfield
Township, conditions created by the spring thaw, adverse weather or
any other cause makes soil erosion likely.
L.
Upon completion of the timber harvesting operation, all disturbed
areas, including, but not limited to, the landing areas and skid trails
shall be re-vegetated pursuant to the approved timber harvesting plan.
M.
A timber harvesting operation shall not include any night processing
of harvested trees or manufacturing except as defined in the approved
timber harvesting plan.
N.
Pursuant to 75 Pa.C.S.A., Chapter 49, and 67 Pa. Code, Chapter 189,
the landowner and the operator shall be responsible for repairing
any damage to Plainfield Township roads caused by traffic associated
with the timber harvesting operation, to the extent the damage is
in excess of that caused by normal traffic, and shall be required
to furnish a bond to guarantee the repair of such potential damages,
as determined by the Plainfield Township with advice from the Township
Engineer.
10.
Right to Inspect.
A.
Plainfield Township, by its own personnel or outside agent, may enter
upon the site of any proposed timber harvesting operation after an
application to conduct such operation has been filed for the purpose
of reviewing the plans for the proposed operation and thereafter recommending
or opposing the proposed operation or recommending or requiring changes
or modifications thereto.
B.
After a permit for a timber harvesting operation has been issued,
Plainfield Township shall have the right by its own personnel or agent,
to enter upon the site before, during and after the timber harvesting
operation to ensure and require compliance with both the plans for
said operation as finally approved and all of the terms and provisions
of this Chapter.
C.
For safety, Township personnel shall contact the timber harvester
listed on the permit prior to entering the site, and wear personal
protective equipment.
11.
Violations.
A.
Timber Harvesting Violations.
(1)
Upon finding that a timber harvesting operation is in violation
of any provision of this Section, Plainfield Township shall issue
the logging operator and the landowner a written notice of violation
in accordance with the provisions of this Chapter regarding enforcement
notices, describing each violation and specifying a date by which
corrective action must be taken.
(2)
Plainfield Township may order the immediate suspension of any
timber harvesting operation and may institute any appropriate action
to prevent, restrain, correct or abate the violation of this Section
upon finding that:
(3)
Suspension orders shall be in writing and shall be issued to
the forestry operator and the landowner and shall remain in effect
until the timber harvesting operation is brought into compliance with
this Section or other applicable statutes or regulations.
B.
Replacement Trees.
(1)
For nontimber harvesting violation where existing trees six
inches or more in diameter at breast height have been removed because
of land development or land disturbing activity in violation of this
Chapter, the landowner shall be required to replace the trees on a
1:1 basis.
(2)
In cases where replacement trees are required, the following
shall apply:
(a)
The replacement tree shall be of the same species (unless the original was a nonnative species) and a cultivar that has the same maximum height and growth rate of the tree to be removed. If this is not feasible, the replacement trees shall be selected from the Plainfield Township Subdivision and Land Development Ordinance [Chapter 22]. Where trees having a large maturing height are required and overhead utility lines exist, smaller native trees shall be substituted.
(b)
The replacement trees shall be not less than two inches caliper.
The trees shall be at least 10 feet tall after planting and trimming.
Trees shall not be planted within the tree protection zone of another
tree. A maximum of 30% of the required trees may be replaced as evergreen
trees.
(c)
Where 10 or more replacement trees are required, not more than
50% of the replacement trees shall be of the same species of tree
without the approval of Plainfield Township.
(d)
The replacement trees may be placed on the site at any location
selected by the property owner as long as such location does not violate
any other provision of this Section.
(e)
Any replacement tree which is not alive or healthy, as determined
by Plainfield Township, or which subsequently dies due to construction
activity within 18 months after the date of project closure, shall
be removed by the applicant and replaced with a new healthy tree meeting
the same minimum size requirements within six months of removal. The
eighteen-month maintenance period will re-start on the date of planting
this new healthy tree.
[Added by Ord. No. 393, 9/11/2019]
1.
If groundwater or spring water is proposed to be withdrawn from a site, and the withdrawal involves more than 50,000 gallons per day for off-site nonagricultural use, then special exception approval shall be required. The gallons of usage may be measured based upon average use over a thirty-day period. The provisions of this § 27-520 shall serve as special exception criteria, in addition to the overall special exception criteria of this Section.
2.
This Section shall not regulate water withdrawals by a public utility,
municipality or water company that provides a centralized domestic
water distribution system to customers in Plainfield Township (and
which may also serve neighboring municipalities). This Section shall
also not regulate water withdrawals for local agricultural uses or
withdrawals that are recharged into the ground in Plainfield Township,
such as water withdrawn for a golf course.
3.
It is recognized that the Delaware River Basin Commission (DRBC)
has authority to regulate many aspects of water withdrawals. As a
result, the actual water withdrawal use is not limited to particular
zoning districts, except the use shall be prohibited in the BMC Zoning
District.
4.
If the water will be trucked off-site, then as part of the special
exception application, the applicant shall provide a written report
by a professional engineer with substantial experience in traffic
engineering. Such study shall analyze the suitability of the area
road system to accommodate the truck traffic that will be generated.
The applicant shall document the structural condition of Plainfield
Township public roads and Township and county bridges that will serve
as the routes by trucks from the use, including pictorial documentation,
for review by the Township Engineer. The Township Engineer may require
the applicant to complete a core boring of a road to show whether
construction is suitable for the truck traffic.
A.
The full burden of proof shall be upon the applicant to prove to
the satisfaction of the Zoning Hearing Board that the traffic resulting
from the use will be able to be safely accommodated on the road system,
without causing increased congestion and without causing damage to
the road surfaces. Such proof shall address the road system and bridges
to show they are suitable in terms of structure, geometry, safety
and capacity to accommodate the additional truck traffic. The Zoning
Hearing Board shall have the authority to deny the application if
the road system and/or bridges are not proven to be suitable for the
intended use.
B.
If it is determined that the actual structure of the roads or bridges
are not able to support the proposed design loads coming from the
proposed operation, and if the applicant does not commit to make improvements
to the roads and bridges, then the Zoning Hearing Board may establish
a condition for the applicant to establish an agreement with the Board
of Supervisors to post financial security to cover the costs of damage
to the public roads or bridges from the resulting trucks.
5.
If the water will be trucked off-site, any area used for loading
or unloading of tractor-trailer trucks shall be setback a minimum
of 150 feet from any preexisting dwelling on an adjacent lot. The
Zoning Hearing Board shall have the authority to place reasonable
conditions upon the hours of operation of trucking activities that
are likely to create a noise nuisance for nearby dwellings.
6.
Minimum lot area: 20 acres for the initial 50,000 gallons per day,
plus 10 additional acres for each 50,000 gallons per day of approved
capacity of withdrawal per day. A newly drilled well used for water
withdrawal under this Section shall be setback a minimum of 200 feet
from any lot line that is not in common ownership.
7.
Any bottling, treatment or processing operations shall be considered
a distinct use and shall only be allowed if granted special exception
approval as a manufacturing use in the CI, I-BP or GI Zoning Districts.
8.
As part of the special exception application, a study by a qualified
professional hydrogeologist shall be submitted by the applicant to
the Zoning Officer. Such study shall analyze impacts of the withdrawal
upon wetlands, water supply wells, agriculture and creek levels, particularly
during periods of drought. The written credentials of the person conducting
the study shall be submitted to the Township. Such professional should
be made available to testify before the Zoning Hearing Board. Such
study is not required by this Section to include any information or
analysis that will not also be required to be submitted currently
or at some time in the future to DEP or the DRBC.
9.
If the withdrawal will need approval from DRBC, then a copy of materials
required to be submitted by the applicant to the DRBC shall also be
submitted to the Zoning Officer at the same time.
10.
If the water withdrawal use is not within a commercial or industrial
district and will result in an average of 10 or more trucks leaving
the site per day that each have a loaded vehicle gross weight of more
than 40,000 pounds, then the use shall only be allowed if the truck
driveway exit of the use onto a public street is within a one mile
driving distance from an entrance ramp of a limited access expressway.
[Added by Ord. No. 393, 9/11/2019]
1.
Purposes.
A.
To meet the requirements of Act 24 of 2008, which requires that Pennsylvania
municipalities along the Appalachian National Scenic Trail take action,
consistent with applicable law, to preserve the natural, scenic, historic,
and aesthetic values of the trail and to conserve and maintain the
trail corridor as a public natural resource.
B.
To protect important natural and historic resources by maintaining
a natural resource buffer along the Appalachian Trail. This natural
resource buffer is intended to provide a physical and visual screen
from the impacts of new development along the Appalachian Trail corridor.
C.
To preserve the scenic and topographic conditions along the Appalachian
Trail that are vital to the trail's natural and scenic quality by
maintaining the existing tree canopy and protecting viewsheds.
D.
To prevent negative noise, light, or other environmental impacts
associated with land uses near the Appalachian Trail.
E.
To promote community benefits to communities along the Appalachian
Trail, including improving community health and increasing recreational
opportunities.
2.
Applicability. For any lot or portion thereof within the Appalachian
Trail National Scenic Trail Overlay District, the regulations of the
underlying zoning district shall continue to be in effect, except
the regulations of the overlay district shall take precedence over
any zoning regulations which are in direct conflict with those of
the overlay district. The overlay district shall consist of the primary
conservation zone and the secondary conservation zone, as described
below.
3.
Primary Conservation Zone. A lot located within the primary conservation
zone (as delineated below) shall be used only in accordance with the
following regulations.
A.
Delineation. The primary conservation zone shall include lands as
shown on the attached "Appalachian Trail Conservation Overlay Districts"
Map.[1] The attached map is dated December 2018. Where such boundary is not depicted on the map as following an existing lot line or the centerline of a road, the boundary shall include land within a minimum width of 1,000 feet from the "exterior corridor boundary survey," as approved by the National Park Service for the Appalachian National Scenic Trail. For the purposes of this § 27-521, such boundary shall be the edge of lands that are owned by the National Park Service or that are protected by a conservation easement by the National Park Service. For the purposes of this § 27-521, such boundary shall not include lands or easements acquired after January 1, 2010. Along segments of the Appalachian Trail where an exterior corridor boundary survey has not been completed, or within lands owned by the Pennsylvania Game Commission, the primary conservation zone shall be 1,500 feet from the centerline of the Appalachian Trail.
[1]
Editor's Note: Said map is on file in the Township offices.
B.
Buildings. A new building with a building footprint of more than
150 square feet shall not be allowed within 500 feet from the "exterior
corridor boundary survey" boundary or 1,000 feet from the centerline
of the Appalachian Trail where an exterior corridor boundary survey
has not been completed.
C.
Prohibited Activities. The following activities are specifically
prohibited within the primary conservation zone, except for improvements
necessary to provide public water supply facilities:
(1)
Clearcutting of trees with a diameter at breast height of eight inches or more, other than maintenance by a federal, state, or municipal agency or a trail club that is partnered with the Appalachian Trail Conservancy (ATC), and permissible timber harvesting or tree cutting as authorized in § 27-518 and 27-519.
(2)
Storage of hazardous materials, except for types and amounts
typically found in a one family home.
(3)
Construction of parking lots of three or more parking spaces,
except for federal, state, or municipally owned lots or spaces necessary
to serve existing adjacent lawful uses, or as authorized by the federal
agency responsible for the maintenance of the trail or adjacent land.
(4)
Installation of a new communications tower (except as may be allowed under § 27-315, Subsection 8A) or wind turbine.
(5)
Uses involving mineral extraction, groundwater extraction (except
as part of an existing Public Utility Commission-regulated water system),
a natural gas compressor station, or solar energy facilities covering
more than 1,000 square feet of ground area.
(6)
Development of any lot that results in an impervious coverage
of greater than 5,000 square feet on a lot.
4.
Secondary Conservation Zone. A lot or property located within the
secondary conservation zone as herein delineated shall be used only
in accordance with the following regulations.
A.
Delineation. The secondary conservation zone shall include lands
as shown on the "Appalachian Trail Conservation Overlay Districts
Map." Where the boundary does not follow a lot line, centerline of
a road or another dimension on the map, the zone shall include land
within a minimum width of 1,500 feet from the edge of the primary
conservation zone, but not including land within the primary conservation
zone.
B.
Allowed Uses. The allowed uses of the underlying zoning district
shall apply, except as provided in Subsection 4C below.
C.
Prohibited Activities. The following activities are specifically
prohibited within the secondary conservation zone, except for improvements
necessary to provide public water supply facilities:
(1)
Clearcutting of trees with a diameter at breast height of eight inches or more, other than maintenance by a federal, state or municipal agency or a trail club that is partnered with the Appalachian Trail Conservancy (ATC), and as may be approved under timber harvesting or tree cutting provisions in §§ 27-518 and 27-519.
(2)
Storage of hazardous materials, beyond types and amounts typically
found in a one family home.
(3)
Construction of parking lots of five or more parking spaces,
except for federal, state, county or municipally owned lots, or spaces
necessary to serve existing adjacent lawful uses, or as authorized
by the federal agency responsible for the maintenance of the trail
or adjacent land.
(4)
Development of any lot that results in an impervious coverage
of greater than 20% or 10,000 square feet within the secondary conservation
area, whichever is less restrictive.
(5)
Uses involving mineral extraction, the surface point of groundwater
or spring water extraction (except as part of an existing Public Utility
Commission-regulated water system), a natural gas compressor station,
or solar energy facilities covering more than 1,000 square feet of
ground area.
5.
Development Standards for the Primary Conservation Zone. Any use
or development of a lot within the primary conservation zone shall
comply with the following development standards:
A.
New buildings shall be screened with landscaping (native species
are preferred) or using preserved trees from view of the Appalachian
Trail and shall be located on the site in such a way that best preserves
viewsheds from the Appalachian Trail.
B.
Any building should be sited in the least visually prominent location
of a site. The use of earth tone colors is encouraged, while avoiding
highly reflective roofs.
C.
Any building should not be located at the top of a ridgeline, unless
no other alternative location is feasible. Where a building is located
at the top of a ridgeline, the highest portions of the building should
be at less visible locations.
D.
It is recommended to use earth-tone colors in exterior building materials
and low-reflective roofing materials.
6.
Submissions and Review Process. In addition to the standard process
for applications for permits and approvals under this Section, the
following additional information shall be provided on applications
for a proposed use, development or regulated activity that is on a
lot that is entirely or partially within a primary conservation zone
and/or the secondary conservation zone.
A.
When a site plan is required by this Section, the following additional
information is needed:
(1)
Existing and proposed man-made and/or natural features: Water
courses (with names), lakes and wetlands; rock outcrops, ledges and
stone fields; proposed buildings, structures and signs, with setbacks
required by the Zoning Ordinance; locations of woodlands proposed
to remain or be removed; stormwater management facilities; and plans
for any required buffer plantings.
(2)
Applicants shall accurately show the alignment of the Appalachian
Trail and existing protected lands. This should include the trail
alignment placed over an aerial photo or a site plan. Note: the trail
alignment is available online from the Appalachian Trail Communities
Network website.
