Township of Union, PA Environmental Protection Overlay District

The one-hundred-year floodplain shall be an overlay to the existing underlying districts as depicted on the latest update to the Union Township Flood Insurance Rate Map prepared by the Federal Emergency Management Agency. As such, these provisions regulating floodplain management shall be a supplement to the underlying district provisions. Where conflicts arise between the provisions or regulations of this chapter, the more restrictive provisions shall apply.

The purpose of establishing provisions for floodplain management is to promote and protect the general health, welfare and safety of the community; encourage the utilization of appropriate construction practices; minimize potential hazards to public health; reduce financial burdens imposed on the community and government; and to regulate all development within the one-hundred-year floodplain.

No structure or use shall be located, relocated, constructed, reconstructed, enlarged, or structurally altered except in full compliance with the terms and provisions of this chapter and any other possible ordinances and regulations which apply to uses within the jurisdiction of this chapter.

Designation of floodplain areas.

The Floodplain Overlay District shall include areas subject to inundation by waters of the one-hundred-year regulatory flood. The boundaries of the one-hundred-year floodplain are depicted on the latest update to the Flood Insurance Rate Map prepared by the Federal Emergency Management Agency.

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, and flood height may be increased by man-made or natural causes. This chapter does not imply that areas outside the floodplain districts, or land uses permitted within such districts, will be free from flooding or flood damages. This chapter shall not create liability on the part of Union Township or any officer or employee thereof for any administrative decision lawfully made thereunder.

The delineation of the Floodplain Overlay District may be revised at any time by the Union Township Board of Supervisors where natural or man-made changes have occurred and/or more detailed studies conducted by the Federal Emergency Management Agency, U.S. Army Corps of Engineers or other qualified agency documents the notification for such change. Any proposed changes to the defined boundaries shall be subject to the review and approval of the Federal Emergency Management Agency (FEMA).

Uses permitted by right. The following uses and activities are permitted within the one-hundred-year Floodplain Overlay District, provided they are in compliance with the provisions of the underlying district and are not prohibited by any other codes, ordinances and/or regulations adopted by Union Township:

General agricultural uses, subject to § 200-92A of this chapter.

All non-structural uses permitted in the underlining zoning district, provided they are in accordance with all latest development standards and specifications adopted by the Federal Emergency Management Agency, United States Army Corps of Engineers, the Pennsylvania Department of Environmental Protection, and any codes, ordinances and/or regulations adopted by Union Township.

All accessory non-structural uses permitted in the underlining zoning district, provided they are in accordance with the latest development standards and specifications adopted by the Federal Emergency Management Agency, United States Army Corps of Engineers, the Pennsylvania Department of Environmental Protection, and any codes, ordinances and/or regulations adopted by Union Township.

Woodland or game preserve, wildlife sanctuary or similar conservation use.

All non-structural uses and non-structural activities shall be in compliance with floodproofing provisions contained in this and all other applicable codes, ordinances and regulations adopted by Union Township.

Uses permitted by conditional use. The following uses are permitted within the one-hundred-year Floodplain Overlay District when a conditional use is granted by the Union Township Board of Supervisors subject to and in accordance with Article XVIII of this chapter:

Public facility and utility uses, such as dams, culverts, bridges, railroads, and sewage treatment plants, outlet installations for sewage treatment plants or pumping stations, subject to § 200-116 of this chapter.

Water-related uses and activities, such as marinas, docks, wharfs and piers.

Extraction of sand, gravel, and other materials.

Temporary uses, such as circuses, carnivals, and similar activities.

Storage of material and equipment, provided they are not buoyant, hazardous, flammable or explosive and are not subject to major damage by flooding, or provided that such material and equipment is firmly anchored to prevent flotation or movement.

(6)

Accessory uses to the above permitted uses when on the same lot as the permitted use, provided that the use is consistent with the standards and guidelines of this section. All uses, activities and structural developments shall be undertaken in strict compliance with the floodproofing provisions contained within all applicable codes, ordinances and regulations adopted by Union Township.

Conditional use and variance requests.

In passing upon applications for conditional use and variances, the Township shall consider all relevant factors and procedures specified below:

(a)

The danger to life and property due to increased flood heights and velocities caused by encroachments. No conditional use or variance shall be granted for any proposed use, development, or activity that will cause an increase in flood levels during the one-hundred-year flood.

(b)

The danger that materials may be swept on to other lands or downstream to the injury of others.

(c)

The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions.

(d)

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners.

(e)

The importance of the services provided by the proposed facility to the community.

(f)

The requirements of the facility for a waterfront location.

(g)

The availability of alternative locations not subject to flooding for the proposed use.

(h)

The compatibility of the proposed use with existing land uses and anticipated future land uses.

(i)

The relationship of the proposed use to the Comprehensive Plan and the floodplain management program for the area and the Township.

(j)

The accessibility to the property in times of flooding and emergency.

(k)

The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site.

(l)

All other factors which are relevant to the purposes of this chapter.

The Township may refer any application and accompanying documentation pertaining to any application for a conditional use or variance to the Township Engineer or qualified agency for technical assistance.

Development procedures.

All uses, activities, and development occurring within the floodplain shall be undertaken in strict compliance with all pertinent provisions of this chapter, the Union Township Building Code, Chapter 172, Subdivision and Land Development, and with all other codes and ordinances.

Under no circumstances shall any use, activity and/or development adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch, or other drainage facility or system.

Prior to any proposed encroachment, alteration or relocation of any watercourse within the Township, a permit shall be obtained from the Pennsylvania Department of Environmental Protection and/or United States Army Corps of Engineers. In addition, notification of the proposal shall be forwarded to all affected adjacent municipalities.

Boundary disputes and appeals procedures.

In the case of any dispute concerning the boundaries of the one-hundred-year floodplain, initial determination shall be made by the Zoning Officer utilizing the standards specified under this section.

Any person or party aggrieved by the decision of the Township Zoning Officer as to the boundaries of the floodplain districts on the grounds that the interpretation of the referenced map is incorrect may appeal to the Zoning Hearing Board. The burden of proof shall be the obligation of the person or party appealing the decision of the Township Zoning Officer.

Any boundary changes shall be validated through precise engineering studies conducted by a qualified agency. Any proposed changes to the defined boundaries shall be subject to the review and approval of the Federal Emergency Management Agency.

§ 200-71 Hydric Soil Overlay District.

Purpose.

The areas subject to hydric soils within the Township shall be an overlay to the existing underlying district as illustrated in the Soils Survey of Berks County, prepared by the United States Department of Agriculture in cooperation with the Pennsylvania State University and Pennsylvania Department of Agriculture. Where conflicts arise between provisions or regulations of this chapter, the more restrictive development provisions shall apply.

The purpose of establishing provisions for areas which may encounter hydric soils is to promote and protect the general health, welfare and safety of the community; secure environmentally sensitive lands; encourage the utilization of appropriate construction practices; and to minimize hazards to public health.

Designation of hydric soil areas.

The U.S. Department of Agriculture, in cooperation with the National Technical Committee for Hydric Soils, has defined a "hydric soil" as follows: Soils that are wet long enough to periodically provide anaerobic conditions, thereby influencing the growth of plants.

The hydric soils which have been identified, described and delineated within the 2003 Soils Survey of Berks County include, but may not be limited to, the following:

	Soil Name	Map Symbol
	Andover-Buchanan	AnA
	Andover-Buchanan	AnB
	Andover-Buchanan	AoB
	Bowmansville-Knauers	Bo
	Brinkerton	BtA
	Brinkerton	BtB
	Croton	CwA
	Croton	CwB
	Holly	Ho
	Lamington	LfA
	Thorndale-Penlaw	ThA
	Towhee	ToA
	Towhee	ToB
	Towhee	TwA

It is the intention of this chapter that, in cases where the Hydric Soil Overlay District overlaps the Floodplain Overlay District, the policies, restrictions, guidelines and standards of the more restrictive district shall preside.

Development within areas with hydric soils will be subject to § 200-129, Wetlands, of this chapter.

Development on soils which have inclusions of hydric components may be subject to § 200-129, Wetlands, of this chapter.

Uses permitted by right:

All non-structural uses permitted in the underlining zoning district, provided they are in accordance with the latest development standards and specifications adopted by the United States Army Corps of Engineers and Union Township.

All non-structural accessory uses permitted in the underlining zoning district, provided they are in accordance with the latest development standards and specifications adopted by the United States Army Corps of Engineers and Union Township.

Any non-structural grading and/or earth disturbance activity, provided it is in accordance with the latest development standards and specifications adopted by the United States Army Corps of Engineers and Union Township.

Development within areas with hydric soils will be subject to § 200-129, Wetlands, of this chapter.

Development on soils which have inclusions of hydric components may be subject to § 200-129, Wetlands, of this chapter.

Boundary disputes and appeals procedures.

Should a dispute arise concerning the interpretation of the boundaries of those areas subject to hydric soil overlay controls, an initial determination of the boundaries shall be made by the Zoning Officer and/or Township Engineer utilizing the criteria listed under § 200-71B, Designation of hydric soil areas, of this chapter.

Any person aggrieved by this decision may appeal to the Zoning Hearing Board as specified in this chapter.

The burden of proof shall be on the person appealing the decision of the Zoning Officer and/or Township Engineer, and shall be required to present evidence of site investigations by a qualified professional or soil scientist experienced in the identification of soil characteristics.

If it is determined by the Zoning Hearing Board that the resources which have established the Hydric Soil Overlay District are inaccurate regarding the land in question, based on mapping by a certified soil scientist or certified hydrogeologist experienced in the identification of soil characteristics and that the area in question does not contain hydric Soils and should not be subject to the hydric soil controls established under this section, the Zoning Officer and/or the Township Engineer shall be notified in writing of their decision that the hydric soil controls will not apply to the land in question.

§ 200-72 High Water Table Overlay District.

Purpose.

The areas subject to high water table soils within the Township shall be an overlay to the existing underlying district as illustrated in the Soils Survey of Berks County, prepared by the United States Department of Agriculture in cooperation with the Pennsylvania State University and Pennsylvania Department of Agriculture. Where conflicts arise between provisions or regulations of this chapter, the more restrictive provisions shall apply.

The purpose of establishing provisions for areas which may encounter a high water table is to promote and protect the general health, welfare and safety of the community; secure environmentally sensitive lands; encourage the utilization of appropriate construction practices; and to minimize hazards to public health.

Designation of high water table areas.

The High Water Table Overlay District shall include all areas subject to inundation of soils which are characteristic and categorized as being alluvial and/or as high water table soils by the Soils Survey of Berks County, Pennsylvania, prepared by the United States Department of Agriculture (Soil Conservation Service) in cooperation with the Pennsylvania State University and Pennsylvania Department of Agriculture.

"Alluvial soils" are defined as soils which have been formed in alluvium and deposited in the past by stream or flooding conditions. The presence of these soils is a reliable indication that heavy runoff conditions will probably create flooding in the future.

"High water table soils" as described and identified by the United States Department of Agriculture in the 2003 Soils Survey of Berks County, as having any of the following:

(a)

Drainage classes of "somewhat poorly drained," "poorly drained," and/or "very poorly drained."

(b)

Inundation that is common (>50 times in 100 years) and/or long (seven days to one month or more, per year).

(c)

Inundation that is very shallow (>25 cm to 50 cm) and/or permanent (present continuously) to transitory (present three to six months).

The high water table soils which have been identified, described and delineated within the Soils Survey of Berks County include the following:

Depth to Seasonal High Water
Soil Series	Map Symbols	Table
Abbottstown	AbA	0.5 - 1.5
Abbottstown	AbB	0.5 - 1.5
Andover-Buchanan	AnA*	2.0 - 6.0
Andover-Buchanan	AnB*	0.0 - 0.5
Andover-Buchanan	AoB*	0.0 - 0.5
Birdsboro	BmB	0.0 - 0.5
Bowmansville-Knauers	Bo*	0.5 - 1.5
Brinkerton	BtA*	0.0 - 0.5
Brinkerton	BtB*	0.0 - 0.5
Buchanan	BuB	0.5 - 3.0
Clarksburg	CmA	1.5 - 3.0
Clarksburg	CmB	1.5 - 3.0
Croton	CwA*	0.0 - 0.5
Croton	CwB*	0.0 - 0.5
Gibraltar	Gc	3.0 - 5.0
Glenville	GnB	0.5 - 3.0
Holly	Ho*	0.0 - 1.0
Ladig	LaB	2.5 - 4.0
Ladig	LaC	2.5 - 4.0
Ladig	LaD	2.5 - 4.0
Ladig	LbB	2.5 - 4.0
Ladig	LbD	2.5 - 4.0
Lamington	LfA*	0.0 - 0.5
Lehigh	LmB	0.5 - 3.0
Middlebury	Me	0.5 - 3.0
Mt. Lucas	MlB	0.5 - 3.0
Mt. Lucas	MmB	0.5 - 3.0
Penlaw	PaA	0.5 - 1.5
Raritan	RaB	0.5 - 3.0
Readington	ReA	1.5 - 3.0
Readington	ReB	1.5 - 3.0
Reaville	RhA	0.5 - 3.0
Rowland	Ro*	1.0 - 3.0
Thorndale-Pennlaw	ThA*	0.0 - 0.5
Towhee	ToA*	0.0 - 0.5
Towhee	ToB*	0.0 - 0.5
Towhee	TwA*	0.0 - 0.5

	Notes:
	*	Denotes that the soil group is considered a hydric soil and is subject to §§ 200-71 and 200-129.

It is the intention of this chapter that, in cases where the High Water Table Overlay District overlaps the Floodplain Overlay District and/or the Hydric Soil Overlay District, the policies, restrictions, guidelines and standards of the more restrictive district shall preside.

Uses permitted by right. The following uses and activities are permitted in the High Water Table Overlay District, provided they are in compliance with the provisions of the underlying district and are not prohibited by any other ordinance:

General agriculture uses, subject to § 200-92A of this chapter.

Municipal use.

All non-structural uses permitted in the underlining zoning district, provided they are in accordance with the latest development standards and specifications adopted by the Pennsylvania Department of Environmental Protection, the Berks County Soil Conservation District and Union Township.

Development within areas with hydric soils will be subject to § 200-129, Wetlands, of this chapter.

Development on soils which have inclusions of hydric components may be subject to § 200-129, Wetlands, of this chapter.

(6)

All non-structural accessory uses permitted in the underlining zoning district, provided they are in accordance with the latest development standards and specifications adopted by the Pennsylvania Department of Environmental Protection, the Berks County Soil Conservation District and Union Township.

Boundary disputes and appeals procedures.

Should a dispute arise concerning the interpretation of the boundaries of those areas subject to high water table overlay controls, an initial determination of the boundaries shall be made by the Zoning Officer and/or Township Engineer utilizing the criteria listed under § 200-72B, Designation of high water table areas, of this chapter.

Any person aggrieved by this decision may appeal to the Zoning Hearing Board as specified in this chapter.

If it is determined by the Zoning Hearing Board that the resources which have established the High Water Table Overlay District are inaccurate regarding the land in question, based on mapping by a certified soil scientist or certified hydrogeologist experienced in the identification of soil characteristics and that the area in question does not contain hydric soils and should not be subject to the high water table controls established under this section, the Zoning Officer and/or the Township Engineer shall be notified in writing of the decision that high water table controls will not apply to the land in question and instructed to issue a permit to the applicant.

§ 200-73 Steep Slope Preservation District.

Purpose.

The steep-slope area shall be an overlay to the existing underlying district as illustrated on topographical maps prepared by the United States Geological Survey. As such, these provisions regulating steep-slope management shall be a supplement to the underlying district provisions. Where conflicts arise between provisions or regulations of this chapter, the more restrictive provisions shall apply.

The purpose of establishing provisions for areas which may encounter steep slopes is to protect and prevent areas from increased soil erosion and runoff; to secure environmentally sensitive lands; to encourage the utilization of appropriate construction practices; and to minimize hazards to public health.

Designation of steep-slope areas.

The Steep-Slope Overlay District shall include all areas where the topographic features exceed 25% in slope in predevelopment conditions. The Township, through the collaboration, implementation and adoption of the Comprehensive Plan, has conducted a topographical analysis of the Township. As part of this topographical analysis, a Slope Map was incorporated to illustrate and highlight relative areas with slopes less than 12%; between 12% and 25%; and greater than 25%. In preparing any subdivision or land development plan or zoning/building application, the applicant will need to identify any steep-slopes of 25% or greater that exist on their property based upon USGS topography or actual field survey data when available.

It is the intention of this chapter that, in cases where the Steep-Slope Preservation District overlaps the Floodplain Overlay District, the Hydric Soil Overlay District, and/or the High Water Table Overlay District, the policies, guidelines and standards of the more restrictive district shall preside.

Uses permitted by right. The following uses and activities are permitted in the Steep-Slope Preservation District, provided they are in compliance with the provisions of the underlying district, are not prohibited by any other ordinance, and are not constructed on slopes exceeding 25% in grade except for pedestrian or vehicular accessways, or utility lines:

General agricultural uses, subject to § 200-92A of this chapter.

Municipal use.

Woodland or hunting preserve, wildlife sanctuary, or other similar use when the uses are conducted in conformance with conservation practices that ensure adequate protection against soil erosion.

Public utility uses, subject to § 200-116 of this chapter.

Private and public recreation uses, including horse riding trails, hiking trails, boating, fishing, camping, hunting subject to § 200-93 of this chapter.

(6)

Accessory uses and structures to the above permitted uses and structures when on the same lot as the permitted use, provided that the accessory use is not constructed on slopes exceeding 25% in grade.

Development procedures.

The Township Zoning Officer and Township Engineer will advise the applicant when his property or parcel lies within such a slope designation. The Township Zoning Officer will not issue a building permit until a plan is submitted indicating, to the satisfaction of the Township Engineer, that all potential problems of steep slopes have been resolved.

Plans shall show existing topography, proposed structure and building locations, streets and driveways location, site drainage, sanitary facilities, grading plan, revegetation or planting plan prepared by a registered architect, engineer, surveyor, or landscape architect. Plans shall demonstrate how the construction methods to be utilized will overcome problems associated with stormwater management, soil erosion and sediment control, wastewater treatment and disposal, water supply, accessibility, and structural stability.

Should the area designated as steep slopes be found to be inaccurate based on a topographical survey, prepared by a licensed surveyor or engineer, showing two-foot contour intervals, then the zoning requirements for such property shall be deemed to be the regulations of the underlying zoning district in which the property is located.

Boundary disputes and appeals procedures.

Should a dispute arise concerning the interpretation of boundaries of those areas subject to slope controls, an initial determination of the boundaries shall be made by the Zoning Officer and/or Township Engineer utilizing the criteria listed under § 200-73B, Designation of steep-slope areas, of this chapter.

Any person aggrieved by this decision may appeal to the Zoning Hearing Board as specified in this chapter.

The burden of proof shall be on the person appealing the decision of the Township Zoning Officer and/or Township Engineer, based on a field survey with two-foot contour interval mapping.