A.
The intent of this § 180-81 is to provide the identification of environmental and community impacts and means of mitigation of impacts of development projects in the Township. The Board of Supervisors, Planning Commission, or Zoning Hearing Board, as the case may be, may, based upon the nature of a project and potential impacts on the Township, require the developer to prepare and submit to the Township an environmental impact statement (EIS) for the following types of developments and uses:
(1)
Industrial parks.
(2)
Industrial uses.
(3)
Junkyards.
(4)
Mineral extraction including oil and gas wells.
(5)
Mineral processing.
(6)
Agricultural products processing.
(7)
Solid waste facilities and staging areas.
(8)
Warehouses and trucking terminals.
(9)
Concentrated animal feeding operations.
(10)
Transmission pipelines and hazardous liquid pipelines.
(11)
Pipeline compressor stations, metering stations or operation/maintenance
facilities.
(12)
Any nonresidential use involving the initial or cumulative disturbance
of 87,120 or more square feet of soil surface areas.
(13)
Any nonresidential use involving the initial or cumulative construction,
installation and/or placement of 43,560 square feet or more of buildings,
structures or other impervious surface areas.
A.1.
The requirements of this § 180-81 may be applied to any other proposed conditional use or special exception, which for reasons of location, design, existing traffic or other community or environmental considerations, as determined by the Township, warrants the application of the study required contained herein in order to determine what conditions should be required to mitigate any adverse effects of the proposed use. The Board of Supervisors, Planning Commission, or Zoning Hearing Board, as the case may be, may waive certain components of the EIS should such components be deemed unnecessary for certain uses.
A.2.
Purpose of EIS. The purpose of this EIS is to disclose
the environmental and community consequences of a proposed action
for consideration by the Township for the determination of approval
or denial of the project, and, if the project is approved, for the
establishment of conditions of approval. This requirement is made
in order to protect the natural environment and community.
B.
Contents of EIS. An environmental impact statement shall include
a description of the proposed use including location relationship
to other projects or proposals, with adequate data and detail for
the Township to assess the impact. The EIS shall also include a comprehensive
description of the existing environment and community and the probable
future effects of the proposal. The description shall focus on the
elements of the environment and community most likely to be affected
as well as potential regional effects and ecological interrelationships.
At a minimum, the EIS shall include an analysis of the items listed
below regarding the impact of the proposed use and the mitigation
of any such impacts; and said proposal shall comply with all other
standards included in this chapter and other Township ordinances:
(2)
Surface waters.
(a)
Distance of site from nearest surface water and head waters
of streams.
(b)
Sources of runoff water.
(c)
Rate of runoff from the site.
(d)
Destination of runoff water and method of controlling downstream
effects.
(e)
Chemical additives to runoff water on the site.
(f)
Submission of an erosion and sediment control plan meeting the
requirements of the PA DEP and the Carbon County Conservation District.
(3)
Ground cover including vegetation and animal life.
(4)
Topographic and geologic.
(a)
Maximum existing elevation of site.
(b)
Minimum existing elevation of site.
(c)
Maximum proposed elevation of site.
(d)
Minimum proposed elevation of site.
(e)
Description of the topography of the site and any special topographic
features, and any proposed changes in topography.
(f)
Surface and subsurface geology.
(7)
Sewage disposal.
(a)
Sewage disposal system (description and location on the site,
of system).
(b)
Expected content of the sewage effluent (human waste, pesticides,
detergents, oils, heavy metals, other chemical).
(c)
Expected daily volumes of sewage.
(d)
Affected sewage treatment plant present capacity and authorized
capacity.
(12)
Critical impact areas. Any area, condition, or feature which
is environmentally sensitive, or which if disturbed during construction
would adversely affect the environment. Critical impact areas include,
but are not limited to, stream corridors, streams, wetlands, slopes
greater than 15%, highly acid or highly erodible soils, areas of high
water table, and mature stands of native vegetation and aquifer recharge
and discharge areas.
(13)
Historic resources. Identification of structures or sites of
historic significance and probable effect of project.
(14)
Transportation network. Existing network traffic volumes and
capacities and need for improvements required by the project. In the
case of PennDOT roads, a copy of the traffic study required by PennDOT
shall be submitted, and in the case of Township roads, the study shall
be conducted in accord with PennDOT requirements.
(15)
Law enforcement. Existing law enforcement capabilities of the
Township and state; and assess the impact of the proposed development
on said law enforcement agencies along with actions proposed to mitigate
any burdens created by the development.
(16)
Community facilities and services. Existing community facilities
and services and how the proposed use will affect those facilities
and services, including projected needs for additional facilities
and services.
(17)
Additional requirements. In addition to the above requirements,
the Planning Commission and/or Township Board of Supervisors or the
Zoning Hearing Board may require such other information as may be
reasonably necessary for the Township to evaluate the proposed use
for its effect on the community.
C.
Additional considerations. The following shall also be addressed:
(1)
A description of alternatives to the proposed use.
(2)
A statement of any adverse impacts which cannot be avoided.
(3)
Environmental protection measures, procedures and schedules to minimize
damage to critical impact areas during and after construction.
(4)
A list of all licenses, permits and other approvals required by municipal,
county or state law and the status of each.
(5)
A listing of steps proposed to minimize environmental damage to the
site and region during and after construction.
D.
Qualifications. The EIS shall be prepared by a professional architect,
landscape architect, planner, engineer or other qualified individual
whose qualifications have been previously approved by the Board of
Supervisors or the Zoning Hearing Board as the case may be.
E.
Procedures for evaluating the environmental impact statement shall
be as follows.
(1)
Upon receipt of the application the Township shall forward the EIS
to the Township Engineer and any other agency or firm which the Township
may desire for consultation.
(2)
The above-mentioned agencies shall review the applicant's EIS
and shall report its comments to the Planning Commission and Board
of Supervisors or Zoning Hearing Board.
(3)
The Planning Commission and/or Board of Supervisors or Zoning Hearing
Board may require the opinion of experts in their review of the EIS.
(4)
Copies of the EIS shall be on file and available for inspection in
the Township office.
(5)
The Planning Commission shall evaluate the proposed project and the
EIS and recommend action on same to the Board of Supervisors or Zoning
Hearing Board.
All uses permitted by this chapter shall be subject to the following
special conservation performance standards which shall apply to any
lands that are characterized as steep slopes, wetlands or floodplains,
except that these provisions do not apply where the applicant proposes
to join two existing parcels into a single parcel, or to subdivide
a parcel from one parcel and join that with an adjoining tract of
land, and where no new development is proposed on the resulting lots.
The procedures and standards are as follows:
A.
Steep slope areas.
(1)
General requirements. Steep slopes shall be defined as slopes of
25% or more as determined by the Zoning Officer, from United States
Geological Survey topographic maps or USDA NRCS maps. In cases where
the slope cannot be specifically determined by said means, the Zoning
Officer may require the applicant to provide certification from a
qualified professional of the slope in question. Slope shall be measured
at the points where any earth will be disturbed or where structures
or other improvements are proposed.
(2)
Development on steep slopes. Any use or development of such steep
slope areas shall be considered a conditional use, and in reviewing
applications for use of sites partially or wholly included within
an area identified as steep-sloped, the Board of Supervisors and Planning
Commission shall be satisfied that the following performance standards
have been or will be met:
(a)
An accurate map prepared by a qualified professional has been
submitted showing property boundaries, building and drive locations,
contours at two-foot intervals and any areas to be graded. The proposed
location of other factors shall also be shown including streams, wetlands,
areas subject to landslides and extent of vegetative cover.
(b)
A clearing, grading and drainage plan has been prepared showing
existing and proposed ground surfaces, plans for drainage devices,
plans for walls or cribbing, etc., map of the drainage area affected,
computation of the amount of runoff expected, an erosion control plan
and schedule for completion of work.
(c)
The applicant shall demonstrate that the proposed development
cannot be accomplished on areas of the lot where the slope is less
than 25%.
(d)
No finished grade where fill is used shall exceed a slope of
three feet horizontal to one foot vertical.
(e)
Where fill is used to later support structures, a minimum compaction
of 90% of maximum density shall be achieved.
(f)
Soils characterized by the Natural Resource Conservation Service
as highly susceptible to erosion shall be avoided.
(g)
Roads and utilities shall be installed along existing contours
to the greatest extent possible.
(h)
Any steep slope areas also characterized by seasonal high water
tables shall be avoided.
(i)
Removal of, or disturbance to, existing vegetation on the site
shall be minimized. The proposed impacts on existing vegetation shall
be evaluated in terms of the potentially detrimental effects on slope
stability, erosion potential, transpiration and recharge of stormwater,
aesthetic and traditional characteristics of the landscape, and existing
drainage patterns. Mitigation measures may be required by the Board
as it deems appropriate.
(j)
In cases where structures are proposed, the applicant shall
submit plans to the Zoning Officer detailing how the limitations of
slope will be mitigated by the design of the structure(s).
(3)
Residential development.
(a)
Each lot or an area plotted for residential use shall provide,
inside of the required setbacks, an area containing not less than
5,000 square feet for each dwelling unit.
(b)
Such area shall have an average slope no greater than 15% and
shall be accessible from the existing or proposed street by means
of a driveway or private access street having a maximum grade of 12%.
(c)
In the case of lots utilizing an onsite sewage disposal system,
in addition to such area, there shall be sufficient area for the sewage
disposal field, in accordance with the Department of Environmental
Protection regulations.
(4)
Nonresidential development.
(a)
Each lot plotted for industrial, manufacturing, commercial or
other nonresidential use shall provide, inside of the required setbacks,
an area at least equal to the projected horizontal area of the proposed
building, plus the additional area required for required parking and
loading.
(b)
This area shall have an average slope no greater than 10% and
shall be accessible from the existing or proposed street by means
of adequately and properly designed service drives having a maximum
grade of 12%.
(c)
In the case of lots using an on-site sewage disposal system,
there shall be sufficient additional area for the sewage disposal
field and for a replacement field in accord PA DEP regulations.
B.
Buffers for wetlands.
(1)
Identification.
(a)
Delineation. If the Township reasonably anticipates that wetlands
may be present or may be impacted by the proposed development, the
Township may require wetlands, as defined and regulated by the Pennsylvania
Department of Environmental Protection, the U.S. Army Corps of Engineers
and the U.S. Fish and Wildlife Service to be delineated and shown
on any application proposing a new use or expanded use of land.
(b)
Applicant responsibility. The applicant shall be responsible
for said delineation and supply to the Township a written report from
the individual, partnership, corporation or other entity which performed
the wetlands delineation fully describing the methodology used. Notwithstanding
receipt of such delineation and report, the Township may require the
applicant to submit, at no cost to the Township, an additional wetlands
delineation of the site and report as to methodology, from a second
source for purposes of verification. In the event of discrepancy between
delineations, the applicant shall obtain a jurisdictional determination.
(c)
Jurisdictional determination. The Township may also require
that the applicant obtain a Jurisdictional Determination from the
U.S. Army Corps of Engineers.
(d)
Certification of no wetlands. If no wetlands are present, the
applicant shall provide a certified statement to that effect.
(2)
Wetland buffer required. Wetland buffers shall be provided in accord with Chapter 148 (Stormwater Management).
(3)
Minimum required lot size. See the definition of "lot area, minimum
required" for the required deduction of delineated wetlands.
(4)
Protection. No land shall be disturbed within any required buffer
area except in accord with Township requirements and the required
buffer around the delineated wetland boundary shall be properly fenced
to prevent encroachment. Snow fence or other acceptable material shall
be used (the use of silt fence is not acceptable). The fence shall
be properly installed prior to any site disturbance or issuance of
building permits. The fence must be properly maintained until all
certificates of use have been issued.
(5)
Common area. The Township may require that significant designated
wetlands be retained in a single ownership common area rather than
incorporated as additional area in platted lots to facilitate management
for maintenance of environmental quality. Owners of the wetland mitigation
areas must be clearly identified on the plan.
(6)
Mitigation projects. Compensatory mitigation projects required as
part of federal or state permits shall be shown on plans. Future lot
or common area owners whose property encompasses all or part of a
mitigation area shall be notified that the portion of their property
which includes the mitigation area may not be altered, and is considered
a jurisdictional wetland by the federal and state governments.
(7)
State and federal regulations. Any approval under this chapter shall
be conditioned upon compliance with federal and state wetland regulations.
The Board of Supervisors may refuse to approve a plan for recording
or delay the issuance of permits until an applicant documents such
compliance.
(8)
Liability. No zoning approval granted by the Township shall in any
manner be construed to be an approval of compliance by the applicant
with any state or federal wetland regulations; and the Township shall
have no or responsibility to the applicant or any other person for
compliance with said regulations.
F.
Sand distance to water. Under no circumstances shall sand be placed
in the water of any pond, lake or watercourse or at the water's
edge, nor shall sand permitted within five feet of the shoreline or
within 10 feet of any drainage ditch or swale unless appropriate permits
are obtained.
It is the intent of this § 180-83 to preserve the rural character of the Township by requiring the conservation of trees and other vegetation, especially during the land development process, and by requiring property line buffers. This will also minimize the detrimental effects of soil erosion and sedimentation and stormwater run-off. The Township's agricultural and other open land is vital to the rural character of the Township, which is the keystone of the local economy, and the preservation of that character will protect and promote the public welfare. This § 180-83 is not intended to prescribe specific cutting practices; or to prevent or hinder any landowner from realizing financial return from the sale of trees; or to prevent or hinder commercial tree harvesters from operating in the Township. (Note: This § 180-83 shall not apply to agricultural uses and lands owned by the Commonwealth of Pennsylvania or the Pennsylvania Game Commission.)
A.
Natural vegetation. In order to minimize soil erosion and stormwater
run-off, and to preserve the rural character of the Township, natural
vegetation shall be maintained to the greatest extent possible.
(1)
Clearing of vegetation shall be limited to those areas of the site
needed for proposed and required improvements.
(2)
Any part of a site where existing vegetation has been disturbed and
which is not used for buildings, structures, loading or parking spaces
and aisles, sidewalks, designated storage areas or other improvements
shall be provided with an all-season ground cover and shall be landscaped.
(3)
In the case of conditional uses and special exceptions, additional
landscaping, screening and/or buffers may be required by the Township
where the same are determined by the Township as necessary to protect
adjoining uses.
B.
Buffer areas. In addition to the requirements of § 180-83A, the following requirements shall apply to all parcels in R/RC, OS, VC, C and BD/LI Districts:
(1)
Until such time as a development plan is approved for the parcel,
a buffer of not less than the district required setback width for
principal structures shall be maintained along all property lines
and any road right-of-way. Existing vegetation in this buffer area
shall not be disturbed except that trees may be harvested to the extent
that the basal area of trees in the seventy-five-foot buffer area
shall not be reduced below 50% of the basal area present before cutting
or below 65 square feet per acre, whichever is higher. Any such reduction
shall be by thinning the vegetation across the entire buffer so that
the buffer is maintained along all property lines and road rights-of-way.
Basal area is the area in square feet per acre occupied by tree stems
at 4.5 feet above the ground, normally measured by a calibrated prism
or angle gauge.
(2)
Clearing of vegetation and landscaping for a development project shall be in accord with an overall plan to be submitted with the zoning and land development plan application. Such clearing shall not be initiated until the application is approved by the Township. For the purposes of installation, landscaping shall be considered an improvement in accord with Chapter 153 (Subdivision and Land Development). The clearing and landscaping plan shall show the type and extent of existing vegetation, the area proposed for clearing and proposed landscaping.
The grading of a lot, parcel or any site involving cuts and/or
fills with an average depth greater than five feet over an area of
one acre or more shall require a conditional use permit when such
grading is not part of an approved subdivision or land development
plan. When a conditional use permit is required, the following standards
and requirements shall apply:
A.
Plan. The applicant shall submit a grading plan and drainage plan
and report, prepared by a registered engineer or land surveyor, which
include existing and proposed contours with an interval not exceeding
two feet at a scale not greater than 50 feet to the inch, and an analysis
of existing and proposed conditions.
B.
Stormwater. The proposed grading shall not result in an increase
in the rate of stormwater runoff from the site, nor an alteration
of the existing points of discharge from the property without the
written approval of all affected property owners.
C.
Slopes. No resulting slope shall be steeper than two horizontal to
one vertical unless it is constructed according to a suitable design
of an alternative slope which has been prepared and certified by a
registered professional engineer and accepted by the Township.
D.
Hazardous conditions. The proposed grading shall not result in a
condition hazardous to the public. During construction, suitable fences
or barriers shall be installed where necessary to maintain the public
safety.
E.
Clear zone. The proposed grading shall not adversely affect the "clear
zone," as defined by PennDOT, of any public road.
F.
Erosion and sedimentation control. The applicant shall obtain all
required approvals for soil erosion and sedimentation from the Carbon
County Conservation District and PA DEP and provide copies to the
Township.
A.
Intent. Traffic impact studies are required for certain activities
to enable the Township to assess the effect on the transportation
system in and around the Township and to:
(1)
Ensure that proposed uses do not adversely affect the transportation
network.
(2)
Identify any traffic problems associated with site access.
(3)
Determine traffic problems on private, Township, county or state
roads in the project traffic study area.
(4)
Assist in the protection of the safety of the motoring public, air
quality, and energy conservation.
B.
TIS requirement.
(1)
Thresholds. A TIS shall be required for all proposals that are projected
to generate 150 or more trip-ends per project peak hour or 1,500 trip-ends
or more per day based on the latest edition of Trip Generation published
by the Institute of Transportation Engineers. A TIS shall also be
required for additions to a use, changes of use and replacements of
nonconforming uses that increase the total traffic (i.e., existing
plus new traffic) above the peak hour or daily thresholds.
(2)
Other projects.
(a)
The Board of Supervisors, Planning Commission, or Zoning Hearing
Board, as the case may be, may also, based upon the nature of a project
and potential impacts on the Township, require the developer to prepare
and submit to the Township a TIS for the following types of developments
and uses:
[1]
Industrial parks.
[2]
Industrial uses.
[3]
Junkyards.
[4]
Mineral extraction including oil and gas wells.
[5]
Mineral processing.
[6]
Agricultural products processing.
[7]
Solid waste facilities and staging areas.
[8]
Warehouses and trucking terminals.
[9]
Concentrated animal feeding operations.
[10]
Transmission pipelines and hazardous liquid pipelines.
[11]
Pipeline compressor stations, metering stations
or operation/maintenance facilities.
[12]
Any nonresidential use involving the initial or
cumulative disturbance of 87,120 or more square feet of soil surface
areas.
[13]
Any nonresidential use involving the initial or
cumulative construction, installation and/or placement of 43,560 square
feet or more of buildings, structures or other impervious surface
areas.
[14]
Any drive-in use.
(b)
The requirements of this § 180-85 may be applied to any other proposed conditional use or special exception, which for reasons of location, design, existing traffic or other community or environmental considerations, as determined by the Township, warrants the application of the study required contained herein in order to determine what conditions should be required to mitigate any adverse effects of the proposed use. The Board of Supervisors, Planning Commission, or Zoning Hearing Board, as the case may be, may waive certain components of the TIS should such components be deemed unnecessary for certain uses.
C.
Professional requirements. The TIS shall be prepared by a registered
professional engineer or transportation planner with verifiable experience
in preparing such studies.
D.
Study methodology.
(1)
State roads. In cases where PennDOT requires a TIS for access to
a state road, a separate TIS shall not be required by the Township.
If PennDOT does not require a TIS and the traffic from the proposed
use meets or exceeds the peak hour or daily thresholds, a TIS using
PennDOT methodology shall be required.
(2)
Township roads. If a TIS is required for access to a Township road,
the TIS shall be prepared in accord with PennDOT methodology.
