A.
Intent. The intent of this article is to establish
standards and criteria for the protection of environmentally sensitive
areas of the Township, including floodplains, riparian areas, steep
slopes and very steep slopes, and historic resources. More specifically,
these provisions are designed to:
(1)
Preserve natural environmental resources and maintain
ecological stability by:
(2)
Preserve historic and cultural resources and the visual
character of the landscape by:
(a)
Promoting the preservation of significant historical
and cultural sites and structures.
(b)
Discouraging development in areas that will
create significant changes in the visual character of the Township,
particularly its stream courses and major drainage swales.
(c)
Encouraging the use of natural resource areas
to preserve existing environmental quality and amenity values.
(3)
Protect the health and safety of all residents and
visitors and minimize threats to property through the promotion of
sound land development practices.
(4)
Aid in the implementation of the Comprehensive Plan
and the attainment of its goals and objectives.
B.
Applicability and scope. This article regulates the
circumstances in which development, improvements, or demolition may
occur on land areas in the Township consisting of or containing the
following natural and man-made resources:
[Amended 8-9-2017 by Ord.
No. 294-2017]
The Legislature of the Commonwealth of Pennsylvania has, by
the passage of the Pennsylvania Flood Plain Management Act of 1978,[1] delegated the responsibility to local governmental units
to adopt floodplain management regulations to promote public health,
safety, and the general welfare of its citizenry. Therefore, the Board
of Supervisors of the Township of East Whiteland does hereby order
as follows.
A.
Findings of fact.
(1)
The flood hazard areas of the Township are subject to periodic inundation
which results in loss of property, loss of life, damage to structures,
injury to persons, disruption of public and private activities and
services, burdensome public expenditures for flood protection and
relief, and impairment of the tax base, all of which adversely affect
the public health, safety and general welfare.
(2)
The flood losses are caused by:
(a)
The cumulative effect of obstructions in flood hazard areas
causing increases in flood heights and velocities.
(b)
The occupancy of flood hazard areas by uses vulnerable to floods.
(c)
The lack of proper management of the flood hazard areas during
normal and dry weather flow.
(d)
Certain low sections of East Whiteland Township are aquifer
recharge areas which form the sources of the underground water supply
and are extremely sensitive to pollution and contamination from inappropriate
surface uses.
(e)
Drainage areas and streams located in East Whiteland Township
are part of the headwaters of other bodies of water so that construction
or other alteration of land within the Township, which increases runoff,
increases the flood hazard to communities downstream.
B.
Statement of purpose. It is the purpose of this section to promote
the public health, safety and general welfare and to minimize those
losses described above by provisions designed to:
(1)
Restrict or prohibit uses which are dangerous to health, safety or
property in times of flood or which could cause increased flood heights
or velocities.
(2)
Protect the quality and quantity of surface and subsurface water
supplies adjacent to and underlying flood hazard areas.
(3)
Provide areas for the deposition of flood-borne sediment.
(4)
Require that uses vulnerable to floods, including public facilities,
be constructed so as to be protected against flood damage.
(5)
Preserve the integrity of stream banks and their immediate vicinity
from erosion and degradation of natural vegetation.
(6)
Require that, where uses are permitted by grant of variance, notice
be given to prospective purchasers and/or lessees that land under
agreement of sale or to be placed under such agreement or under lease
or to be leased is designated as lying either totally or partially
within the flood hazard area.
(7)
Regulate or prevent the erection of buildings and other structures
in areas unfit for development by reason of periodic flooding, unsanitary
drainage conditions and related hazards.
(8)
Prevent the increase in flood volume and rate of flow which results
from covering the floodplains with impervious surfaces and from constricting
natural drainage channels.
(9)
Prevent added downstream drainage from increased flood volume and
rate of flow and to permit uses of the floodplain compatible with
the preservation of natural conditions and the maintenance of the
stream flow throughout the year.
(10)
Minimize the financial burden imposed by flood on the community,
its governmental bodies and individuals, and to promote responsible
floodproofing measures within the flood hazard districts.
C.
General provisions.
(1)
Designation of the Floodplain Administrator. The Zoning Officer is
hereby appointed to administer and enforce this section and is referred
to herein as the Floodplain Administrator. In the absence of a designated
Floodplain Administrator, the Floodplain Administrator duties are
to be fulfilled by the Township Manager. The Floodplain Administrator
may:
(a)
Fulfill the duties and responsibilities set forth in these regulations;
(b)
Delegate duties and responsibilities set forth in these regulations
to qualified technical personnel, plan examiners, inspectors, and
other employees; or
(c)
Enter into a written agreement or written contract with another
agency or private sector entity to administer specific provisions
of these regulations. 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)
Permits required. A permit shall be required before any construction
or development is undertaken within any identified floodplain area
of the Township of East Whiteland.
(3)
Duties and responsibilities of the Floodplain Administrator.
(a)
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.
(b)
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);[2] and the United States Clean Water Act, Section 404, 33
U.S.C. § 1344. No permit shall be issued until this determination
has been made.
[2]
Editor's Note: See 35 P.S. § 750.1 et seq., 32 P.S.
§ 693.1 et seq. and 35 P.S. § 691.1 et seq., respectively.
(c)
In the case of existing structures, prior to the issuance of
any development permit, the Floodplain Administrator shall review
the proposed cost of improvements or repairs and the preimprovement
market value of the structure, so that a substantial improvement/substantial
damage determination can be made, in accordance with FEMA's Substantial
Improvement/Substantial Damage Desk Reference.
(d)
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.
(e)
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 section.
(f)
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 Board of Supervisors for whatever action
it considers necessary.
(g)
The Floodplain Administrator shall maintain in perpetuity, or
for the lifetime of the structure, all records associated with the
requirements of this section including, but not limited to, finished
construction elevation data, permitting, inspection and enforcement.
(h)
The Floodplain Administrator is the official responsible for
submitting a biennial report to FEMA concerning community participation
in the National Flood Insurance Program as requested.
(i)
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.
(j)
The Floodplain Administrator shall consider the requirements
of the 34 Pa. Code and the 2009 IBC and the 2009 IRC, or the latest
revision thereof as adopted by the Commonwealth of Pennsylvania.
D.
Identification of floodplain areas.
(1)
The flood hazard area shall be defined as follows:
(a)
Any areas of East Whiteland Township, classified as special
flood hazard areas (SFHAs) in the Flood Insurance Study (FIS) and
the accompanying Flood Insurance Rate Maps (FIRMs) dated September
29, 2017, and issued by the Federal Emergency Management Agency (FEMA)
or the most recent revision thereof. The above-referenced FIS and
FIRMs, and any subsequent revisions and amendments are hereby adopted
by East Whiteland Township and declared to be a part of this section.
(b)
That land adjoining any perennial or intermittent stream shown
on the soil survey maps issued for Chester and Delaware Counties by
the United States Soil Conservation Service in May 1963, or adjoining
any ponds or lakes with an area of one acre or more, which is within
50 feet of the banks thereof and extends for such additional distance
from said banks as is or may be subject to the base flood, and the
flood hazard districts map maintained and revised by the Township
from time to time, based upon the following:
[1]
Analysis and mapping by the United States Army Corps of Engineers
or other agency designated by the Federal Emergency Management Agency
for purposes of National Flood Insurance Program;
[2]
Field tests of alluvial soils and computations of runoff made
by a registered engineer, agronomist or other person experienced in
hydrology, retained or approved by the Township; or
[3]
Floodplain data shown in, or as interpreted from, Soil Survey
Chester and Delaware Counties, Pennsylvania by the United States Soil
Conservation Service, issued May 1963. Flood hazard soils shall include
all lands designated by the following map symbols and soil series:
|
Map Symbol
|
Soil Series
| |
|---|---|---|
|
Cn
|
Congaree
| |
|
Ch
|
Chewacla
| |
|
Ls
|
Lindside
| |
|
Ro, Rp
|
Rowland
| |
|
We
|
Wehadkee
| |
|
Hn
|
Helvin
| |
|
Bo
|
Bowmansville
| |
|
Wo
|
Worsham
|
[4]
When available, information from other federal, state, and other
acceptable sources shall be used to determine the base flood elevation,
as well as a floodway area, if possible. When no other information
is available, the base elevation shall be determined by using a point
on the boundary of the identified floodplain area which is nearest
the construction site in question.
(c)
In addition, the flood hazard area shall be defined to include
all areas, not shown on the map, which have flooded within the last
100 years as recorded or indicated by written or other objective records,
such as the United States Army Corps of Engineers Survey.
(d)
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. All areas which, by hydrological or hydraulic profile analysis are calculated to be inundated during a base flood. If such profile analysis defines a flood hazard area which conflicts with the definition in Subsection D(1)(a), (b) or (c) above, the area defined by the stream profile analysis shall supersede if more restrictive. Such analysis shall be required prior to the issuance of any permits, if, after consultation with the Township Planning Commission, Township Engineer and U.S. Soil Conservation Service, the Zoning Officer has reason to believe that the applicant's property or a portion thereof is in such close proximity to a flood hazard area as to be subject to inundation by a base flood. If the analysis demonstrates that the property or a portion thereof will not be subject to inundation by a base flood, such permits, as are required, shall be considered for approval, but such permits shall not be issued unless and until the applicant has complied with all other applicable provisions of this section and with all other applicable ordinances and regulations.
(2)
All mapping shall be consistent with applicable regulations under
the above-mentioned National Flood Insurance Program.
(a)
Any change in the delineation of the floodplain as shown on
the Flood Hazard Boundary Map shall be subject to the review and approval
of the Federal Emergency Management Agency.
(b)
The flood hazard district consists of all land in a flood hazard
area. This section applies to all land within the flood hazard district.
(3)
Flood hazard district maps. The mapping that has been accomplished pursuant to Subsection D, above, shall be known as the Flood Insurance Rate Map and flood hazard district map but shall not necessarily show those areas described in Subsection D. The flood hazard districts map shall be drawn to the same scale as the Township Zoning Map and shall be deemed an overlay on any zoning district now or hereafter applicable to any lot. Should any flood hazard district be deemed inapplicable to any lot or tract by reason of the action of the Board of Supervisors in amending the provisions of this section, or by reason of the action of the Zoning Administrative Officer, Zoning Hearing Board or any court of competent jurisdiction in interpreting the provisions of this section, the zoning applicable to such lot or tract shall be deemed to be the district in which it is located without consideration of the provisions of this section.
(4)
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
NEW MANUFACTURED HOME PARK OR SUBDIVISION
START OF CONSTRUCTION
VIOLATION
In addition to the definitions established in § 200-14, and for the purposes of this section only, the following words, terms, and phrases shall have the meanings herein indicated:
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
pads).
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.
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 after 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 manufactured 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 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.
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.
E.
Changes in identification of area.
(1)
The identified floodplain area may be revised or modified by the
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.
(2)
Rules for interpretation of district boundaries.
(a)
The boundaries of any flood hazard district shall be as designated in Subsection D and, to the extent those boundaries are reflected on the Flood Insurance Rate Map and flood hazard districts map, the boundaries may be determined by scaling distances on said maps, and stringent interpretation shall govern.
(b)
In the case of any dispute concerning the exact location of
the boundaries of any flood hazard district, the following procedure
shall apply:
[1]
The parties disputing the boundaries as established by the Federal
Emergency Management Agency and the Township shall, on appeal to the
Zoning Hearing Board, submit a detailed on-site survey of the land
in question made by a registered professional engineer or registered
surveyor, together with a detailed on-site survey made by a professional
geologist or soil scientist, showing in detail those specifics which
the applicant alleges accurately reflect the condition of the land
or those changes alleged to have occurred, which remove the land in
question from the flood hazard district.
[2]
Also, a review and approval by the Federal Emergency Management
Agency for proposed changes in the boundaries of the Flood Insurance
Rate Map shall be submitted to the Zoning Hearing Board.
(c)
The person contesting the location of district boundaries shall
have the burden of establishing that the land in question does not
lie within a flood hazard district as defined in this section.
F.
Compliance.
(1)
No structure, land, or water shall hereafter be used and no structure
shall be located, extended, converted, or structurally altered in
any flood hazard district without full compliance with the terms of
this section and other applicable regulations, including the state
and federal agencies.
(2)
Alteration 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 applicant
and until all required permits or approvals have been first obtained
from the Department of Environmental Protection Regional Office and
the Township.
(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, the Township, the Federal Emergency Management
Agency and the Pennsylvania Department of Community and Economic Development
shall be notified by the applicant prior to any alteration or relocation
of any watercourse.
G.
Preservation of other restrictions. It is not intended by this section
to repeal, abrogate, or impair any existing zoning or subdivision
regulations, easements, covenants, or deed restrictions, except that
where this section imposes greater restrictions, the provisions of
this section shall prevail.
H.
Warning and disclaimer of liability. The degree of flood protection
required by this section is considered reasonable for regulatory purposes
and is based on scientific study. Larger floods may occur on rare
occasions or the flood height may be increased by man-made or natural
causes. In such instances, areas outside a flood hazard district or
land uses permitted within the District may be subject to flooding
or flood damages. The granting of a zoning permit or approval of a
subdivision plan in any flood hazard district shall not constitute
a representation, guaranty, or warranty of any kind by East Whiteland
Township, or by any official, professional appointee, or employee
thereof, of 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, or employee for any
damage that may result pursuant thereto; nor shall this section create
any liability on the part of East Whiteland Township or any officer,
professional appointee, or employee thereof for any flood damages
that result from reliance on this section or any administrative decision
lawfully made thereunder.
I.
Use regulations. A lot may be used or occupied for any of the following
purposes and no other, and then only to the extent that they are not
prohibited by any other ordinance and they will not increase the elevation
of a base flood:
(1)
Agricultural uses, such as general farming, pasture, orchard grazing,
outdoor plant nurseries, truck farming, forestry, and wild crop harvesting.
(2)
Recreation uses that do not require structures, such as parks, picnic
grounds, golf courses, archery, hiking and riding trails, fishing
areas, as well as game farms, fish hatcheries, wildlife sanctuaries,
nature preserves and swimming areas.
(3)
For a lot partially within a contiguous district and partially within
a flood hazard district, not more than 3/4 of the open space required
on such lot may be within the flood hazard district; provided, however,
that no structure is placed less than 25 feet from the boundary of
any flood hazard district.
(4)
Parking areas and roads, constructed of gravel or other permeable
material, to serve permitted uses in a flood hazard district, or where
required by the regulations of any contiguous district.
(5)
Boundary fences.
(6)
The following uses, when authorized as a special exception, and provided
that such uses are compatible with those permitted in an adjacent
district, and further provided that any grading or filling of the
soil does not substantially alter or reduce the cross-sectional area
of the stream basin at the point of the proposed use and will not
result in increasing the elevation of a base flood:
(a)
Circuses, festivals, and similar transient amusement enterprises,
provided all required permits are obtained.
(b)
Waterlines and sealed wells.
(c)
Railroads, roads, bridges, and utility transmission lines.
(d)
Storm sewer outlet and sanitary sewer treatment plant outlet,
which shall take the shortest route across the district to point of
discharge, and sewage pumping stations, provided that construction
is floodproof.
(e)
Dams and impoundment basins where approved by appropriate public
agencies.
(f)
Docks and piers for boating.
(g)
Accessory uses customarily incidental to any of the foregoing.
(7)
Prohibited uses and activities. The following uses and activities
are specifically prohibited in any flood hazard district:
(a)
Sod farming.
(b)
Removal of topsoil.
(c)
Cutting or removal of trees or other flora, except where the
area is devoted to forestry or nursery use, in which case, cutting
or removal shall be on a selective basis with reforestation measures
practiced.
(d)
Erection of buildings or other structures.
(e)
Under no circumstances will the following activities and/or
development be located within a flood hazard district since they present
a special hazard to the health and safety of the public:
[1]
Hospitals (public or private);
[2]
Nursing homes (public or private);
[3]
Jails or prisons;
[4]
Individual manufactured homes including recreational vehicles
and substantial improvements thereto, new manufactured home parks
and substantial improvements thereto, and manufactured home subdivisions
and substantial improvements thereto;
[5]
The production, storage or maintenance of a supply of the following
materials and substances cited in Section 38.7 of DCA's Floodplain
Management Regulations as being dangerous to human life:
|
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
| |
|
Sulfur and sulfur products
| |
|
Pesticides (including insecticides, fungicides, and rodenticides)
| |
|
Radioactive substances, insofar as such substances are not otherwise
regulated
|
J.
Grading, filling, and storage of material.
(1)
A change in grade by either cut or fill, or combination of both,
may be permitted as a special exception, but only upon the following
conditions:
(a)
The effect is not to alter the cross-sectional area of the profile
of the floodplain.
(b)
The effect is not to increase the elevation of the base flood.
(c)
The effect is not to increase the runoff characteristics of
the area disturbed.
(d)
If fill is used, it shall:
[1]
Extend laterally at least 15 feet beyond the building line from
all points;
[2]
Consist of soil or small rock materials only; sanitary landfills
shall not be permitted;
[3]
Be compacted to provide the necessary permeability and resistance
to erosion, scouring, or settling;
[4]
Be no steeper than one foot vertical to three feet horizontal,
unless substantiated data justifying steeper slopes are submitted
to and approved by the Floodplain Administrator; and
[5]
Be used to the extent to which it does not adversely affect
adjacent properties.
(2)
No storage of any material that may be hazardous to the health and
welfare of the surrounding population or that is in violation of the
Clean Streams Act[3] or regulations of the Department of Environmental Resources
and the Pennsylvania Floodplain Management Act (Act 166-1978)[4] and regulations of the Pennsylvania Department of Community
and Economic Development shall be permitted within a flood hazard
district.
(3)
All permitted 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.
K.
Hearing procedures for flood hazard districts. Appeals to the Zoning Hearing Board with respect to provisions of this section shall be governed by Article XVIII of this chapter. In addition, upon receiving an application for a hearing, the Zoning Hearing Board shall, prior to rendering a decision thereon, require the applicant to furnish such of the following material as is deemed necessary by the Board as well as such other information as the Board may desire:
(1)
Plans in triplicate drawn to scale showing the nature, location,
dimensions and elevation of the lot and existing and proposed uses;
photographs showing existing uses and vegetation; soil types and other
pertinent information.
(2)
A series of cross sections at twenty-five-foot intervals along and
at right angles to the lot shoreline, showing the stream channel or
pond bottom, and elevation of adjoining land areas of the lot to be
occupied by the proposed uses, and high water information.
(3)
Profile(s) showing the slope of the bottom of the stream channel
or pond.
(4)
Specifications for building materials and construction, floodproofing,
filling, dredging, grading, storage, water supply, and sanitary facilities.
(5)
Computation of the increase, if any, in the height of flood stages
that would be attributable to any proposed uses.
(6)
The plans, cross sections, profiles, and computations required under
this section shall be prepared by a hydrologist, registered engineer,
or other person deemed qualified by the Zoning Hearing Board.
L.
Consultation by Zoning Hearing Board. In considering any application
for a hearing, the Zoning Hearing Board shall request reports from
the East Whiteland Township Board of Supervisors and the Township
Planning Commission, the Township Engineer, the Chester County Soil
and Water Conservation District, and other technical experts, prior
to the hearing, to determine the extent to which the proposed use
would:
M.
Factors to be considered by Zoning Hearing Board.
(1)
In passing upon each application for special exception or variance, the Board shall consider the following factors as well as those set forth in Article XVIII of this chapter. In addition, for a variance, the Board shall determine that the standards and criteria enumerated in Section 912 of the Municipalities Planning Code[5] are met before granting the request.
(a)
The degree of danger to life and property due to increased flood
heights or velocities caused by the desired encroachments.
(b)
The degree of 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 avoid causing disease, contamination, and unsanitary
conditions.
(d)
The susceptibility of the proposed use to flood damage and the
effect of such damage on the owner.
(e)
The importance of the proposed use to the community.
(f)
The requirements of the use 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 nearby existing and
foreseeable uses permitted by this section.
(i)
The relationship of the proposed use to the Comprehensive Plan
and floodplain management program for the area.
(j)
The safety of access to the property in times of flood for ordinary
and emergency vehicles.
(k)
The expected heights, velocity, duration, rate of rise, and
sediment transport of the floodwaters expected at the site.
(l)
Such other factors which are relevant to the purposes of this
section.
[5]
Editor's Note: Section 912 of the Municipalities Planning
Code (53 P.S. § 10912) was repealed 12-21-1988 by P.L. 1329,
No. 170, § 90. For current provisions, see 53 P.S. § 10910.2.
(2)
No variance shall be granted for any of the uses described specifically
prohibited in this section.
(3)
No variance shall be granted for any construction, development, use,
or activity within any floodway area that would cause any increase
in the base flood elevation, as demonstrated through hydrologic and
hydraulic analysis performed in accordance with standard engineering
practice.
(4)
If granted, a variance shall involve only the least modification
necessary to provide relief.
(5)
In granting any variance, the Zoning Hearing Board shall attach whatever
reasonable conditions and safeguards it considers necessary in order
to protect the public health, safety, and welfare, and to achieve
the objectives of this section, including, but not limited to, those
as detailed in this section.
(7)
(8)
A complete record of all variance requests and related actions shall
be maintained by the Zoning Hearing Board or its designated agent.
In addition, a report of all variances granted during the year shall
be included in the annual report to FEMA.
(9)
Notwithstanding any of the above, however, all structures shall be
designed and constructed so as to have the capability of resisting
the base flood.
N.
Conditions for granting permit. Upon consideration of the factors listed above and the purposes of this section, the Zoning Hearing Board may attach such conditions to the granting of a special exception permit as it deems necessary to further the purposes of this section. Subsection N(5)(b)[1], [7] and [11] shall be required for any new construction or substantial improvements. Among such other conditions, without limitation because of specific enumeration, may be included:
(1)
Modification of waste disposal and water supply facilities;
(2)
Limitations on periods of use and operation;
(3)
Imposition of operational controls, sureties and deed restrictions;
(4)
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;
and
(g)
Electrical, heating, ventilation, plumbing, air-conditioning
equipment, and other service facilities have been designed and located
to prevent water entry or accumulation.
(5)
Plans of all proposed buildings, structures and other improvements,
drawn at suitable scale showing the following:
(a)
The proposed lowest floor elevation of any proposed building
based upon North American Vertical Datum of 1988;
(b)
The elevation of the base flood; and floodproofing measures,
corresponding elevations and such as the following, without limitation
because of specific enumeration:
[1]
Anchoring.
[a]
All buildings and structures shall be firmly anchored
in accordance with accepted engineering practices to prevent flotation,
collapse, or lateral movement.
[b]
All air ducts, large pipes, storage tanks, and
other similar objects or components located below the regulatory flood
elevation shall be securely anchored or affixed to prevent flotation.
[c]
The design and construction requirements of the
UCC pertaining to this subsection as referred to in 34 Pa. Code (Chapters
401 through 405, as amended) and contained in the 2003 IBC (Secs.
1605.2.2, 1605.3.1.2, 1612.4 and Appendix G501.3), the IRC (Secs.
R301.1 and R323.1.1) and ASCE 24-98 (Sec. 5.6) shall be utilized.
[2]
Doors, floors, windows, and ceilings:
[a]
Wood flooring used at or below the regulatory flood
elevation shall be installed to accommodate a lateral expansion of
the flooring, perpendicular to the flooring grain without causing
structural damage to the building.
[b]
Plywood used at or below the regulatory flood elevation
shall be of a marine or water-resistant variety.
[c]
Windows, doors, shutters, and other components
at or below the regulatory flood elevation shall be made of metal
or other water-resistant material.
[d]
The provisions of the UCC pertaining to this subsection and referenced in the 34 Pa. Code (Chapters 401 through 405, as amended) and contained in the 2003 IBC (Secs. 801.1.3, 1403.2, 1403.4, 1403.6 and 1404.2), the 2003 IRC (Secs. R323.1.7 and R501.3) and ASCE 24-98 (Chapter 6) shall be utilized.
[3]
Walls. Walls and ceilings at or below the regulatory flood elevation
shall be designed and constructed of materials that are water-resistant
and will resist water pressures and withstand inundation.
[4]
Paints and adhesives:
[a]
Paints and other finishes used at or below the
regulatory flood elevation shall be of marine or water-resistant quality.
[b]
Adhesives used at or below the regulatory flood
elevation shall be of a marine or water-resistant variety.
[c]
All wooden components (doors, trim, cabinets, etc.)
shall be finished with a marine or water-resistant paint or other
finishing material.
[d]
The standards and specifications contained in 34
Pa. Code (Chapters 401 through 405, as amended), the 2003 IBC (Secs.
801.1.3, 1403.7 and Appendix G) and the 2003 IRC (Secs. R323.1.7)
shall be utilized.
[5]
Addition of mass or weight to structures to resist flotation.
[6]
Installation of pumps to lower water levels in structures.
[7]
Water and sanitary sewer facilities and systems:
[a]
All new or replacement water and sanitary sewer
facilities and systems shall be located, designed, and constructed
to minimize or eliminate flood damages and the infiltration of floodwaters.
[b]
Sanitary sewer facilities and systems shall be
designed to prevent the discharge of untreated sewage into floodwaters.
[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 34 Pa. Code (Chapters 401 through 405, as amended) and contained
in the 2003 IBC (Appendix G, Secs. 401.3 and 401.4), the 2003 IRC
(Sec. 323.1.6), the ASCE 24-98 (Sec. 8.3), FEMA No. 348, Protecting
Building Utilities From Flood Damages, and the International Private
Sewage Disposal Code (Chapter 3) shall be utilized.
[8]
Pumping facilities for subsurface external foundation wall and
basement floor pressures.
[9]
Construction to resist rupture or collapse caused by water pressure
or floating debris.
[10]
Cutoff valves on sewer lines or the elimination
of gravity flow basement drains.
[11]
Within any identified floodplain area, the elevation
of the lowest floor (including basement) of any new or substantially
improved residential or nonresidential structure shall be 1.5 feet
or more above the base flood elevation. Nonresidential structures
may be floodproofed to 1.5 feet above the base-flood elevation in
lieu of elevation, provided that they are floodproofed in accordance
with W1 or W2 space classification standards contained in the United
States Army Corps of Engineers publication entitled "Flood Proofing
Regulations." 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.
There should be a statement submitted with the permit application
and a statement submitted with the as-built floodproofing certificate
prior to the issuance of the certificate of occupancy.
[12]
Fully or partially enclosed areas below the lowest
floor shall be prohibited. All structures located within the identified
floodplain area shall be anchored. No exceptions and/or variances
shall be allowed for the above-mentioned elevations and floodproofing
requirements.
[13]
Drainage facilities. Storm drainage facilities
shall be designed to convey the flow of stormwater runoff in a safe
and efficient manner. The system shall ensure proper drainage along
streets and provide positive drainage away from buildings. The system
shall also be designed to prevent the discharge of excess runoff onto
adjacent properties.
[14]
Electrical components:
[a]
Electrical distribution panels shall be at least
three feet above the base flood elevation.
[b]
Separate electrical circuits shall serve lower
levels and shall be dropped from above.
[c]
The provisions pertaining to the above provisions
and referenced in the UCC and 34 Pa. Code (Chapters 401 through 405,
as amended) and contained in the 2003 IBC (Sec. 1612.4), the IRC (Sec.
R323.1.5), the 2000 IFGC (Secs. R301.5 and R1601.3.8) and ASCE 24
(Chapter 8) shall be utilized.
[15]
Equipment. Water heaters, furnaces, air-conditioning
and ventilating units, and other mechanical or utility equipment or
apparatus shall not be located below the regulatory flood elevation.
The provisions pertaining to the above provision and referenced in
the UCC and 34 Pa. Code (Chapters 401 through 405 as amended) and
contained in the 2003 IBC (Sec. 1612.4), the 2003 IRC (Sec. R323.1.5),
the 2000 IFGC (Secs. R301.5 and R1601.3.8) and ASCE 24 (Chapter 8)
shall be utilized.
[16]
Fuel supply systems. All gas and oil supply systems
shall be designed to prevent the infiltration of floodwaters into
the system and discharges from the system into floodwaters. Additional
provisions shall be made for the drainage of these systems in the
event that floodwater infiltration occurs.
[17]
Streets. The finished elevation of all new streets
shall be no more than one foot below the regulatory flood elevation.
[18]
Storage. All materials that are buoyant, flammable, explosive or, in times of flooding, could be injurious to human, animal, or plant life, and not listed in Subsection I shall be stored at or above the regulatory flood elevation and/or floodproofed to the maximum extent possible.
[19]
Placement of buildings and structures. All buildings
and structures shall be designed, located, and constructed so as to
offer the minimum obstruction to the flow of water and shall be designed
to have a minimum effect upon the flow and height of floodwater.
(c)
Prospective sale. In any case where the Board shall grant a
variance to permit the erection of a structure in a flood hazard district
and it shall appear that such premises is to be offered for sale or
lease, or the Board grants a variance to permit a change in nonconforming
use of a structure already existing in a flood hazard district and
it shall appear that the premises is to be offered for sale or lease,
the Board shall, for the protection of prospective purchasers and
lessees, impose the following conditions:
[1]
Require the applicant to advise prospective purchasers and/or
lessees that the lot is located, either entirely or partially, as
the case may be, in a flood hazard district.
[2]
Require that before settlement or change in nonconforming use,
as the case may be, may take place, the purchaser or lessee shall
signify in writing that he has been advised that the premises lies
partially or entirely in a flood hazard district, and a signed copy
of such signification shall be delivered to the Township.
[3]
Where the premises is to be conveyed, the deed shall contain
the following provision: "This lot is entirely (partially) within
a flood hazard district as defined by the Flood Hazard Ordinance of
the Township of East Whiteland, Chester County, Pennsylvania."
O.
Special requirements for subdivisions. All subdivision proposals
and development proposals containing at least 50 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.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
A.
Intent. The intent of this § 200-56 is to sustain riparian buffers along stream courses, thereby preserving natural environmental resources and maintaining ecological stability. Specific objectives include the following:
(1)
Affirmation of Valley Creek's designation by the Commonwealth
of Pennsylvania as an "Exceptional Value Stream" by protecting it
and its tributaries from environmental contamination.
(2)
Enhancement of stream course water quality and provision
for food and cover for aquatic and terrestrial wildlife by preserving
and encouraging woodlands alongside streams that shade stream waters,
trap nutrients and sediment runoff, and stabilize streambanks.
(3)
Facilitation of the use of riparian buffers for open
space and other uses that are compatible with the conservation and
protection of natural resources.
C.
Permitted uses in riparian buffer areas. The following
uses and no other are permitted in riparian buffer areas:
(1)
Undisturbed wooded or meadow areas.
(2)
Open space, passive recreation, and trails, as long
as the activities therein do not conflict with the primary purpose
of riparian buffer areas to protect streambanks, water quality, natural
habitat and scenic vistas.
(3)
Front, side, or rear yards, and required lot area,
for any district, provided such yards are not to be used for on-site
sewage disposal systems or for non-wire fences or any other structures.
D.
Prohibited uses in riparian buffer areas. The following uses and activities are specifically prohibited and shall not be subject to variance, except as specified in Subsection E:
(1)
Structures.
(2)
Disturbance of land, including, but not limited to,
construction of stormwater management basins; cut and fill; soil,
rock, or mineral extraction; removal of topsoil; or on-site sewage
disposal systems.
(3)
Agriculture.
(4)
Removal of vegetation, except for the purpose of reestablishing
permanent vegetation in order to control erosion and prevent sedimentation
of an adjacent watercourse.
(5)
Impervious cover.
(6)
Roads, driveways, and parking lots.
E.
Stream and riparian buffer crossings. Crossings by
new roads and new driveways necessary to service lots within a subdivision
or structures within a land development, and stormwater pipe, swales
or outlet structures necessary to convey stormwater across a riparian
buffer area to a watercourse shall be permitted when approved by the
Township Engineer. In such situations, however, the extent of earthmoving
and paving within riparian buffer areas shall be minimized, and all
disturbed areas shall be revegetated as soon as practicable.
[Amended 11-8-2017 by Ord. No. 295-2017; 6-21-2021 by Ord. No. 337-2021]
A.
Intent. The intent of this § 200-57 is to protect natural hillsides and their related soil and vegetative resources, thereby minimizing adverse environmental effects. Specific objectives include the following:
(1)
Conservation
and protection of steep and very steep slopes from inappropriate development,
such as excessive grading, landform alteration, and extensive vegetation
removal.
(2)
Avoidance
of potential hazards to life and property and the disruption of ecological
balance that may be caused by increased runoff, flooding, soil, erosion
and sedimentation, blasting and ripping of rock, and landslide and
soil failure.
(3)
Protection
of the entire Township from uses of land that may result in subsequent
expenditures for public works and disaster relief and adversely affect
the economic wellbeing of the Township.
(4)
Encouragement
of the use of steep and very steep slopes for open space and other
uses that are compatible with the conservation and protection of natural
resources.
B.
Applicability and scope. This § 200-57 regulates the circumstances in which any use may occur on areas of natural steep slope or natural very steep slope. The regulations of this § 200-57 shall apply to all districts in the Township but are not applicable to man-made steep slopes and man-made very steep slopes resulting from previous grading or earthmoving activities, except as outlined herein:
(1)
In
determining whether a slope is naturally occurring or man-made, the
burden of proof shall be on the applicant to provide sufficient justification
as to the origin, extent, and physical characteristics of the slopes,
subject to review and approval by the Township Zoning Officer.
C.
Permitted
uses in areas of steep slope and very steep slope. The following uses
and no other are permitted in areas of steep slope and very steep
slope:
(1)
Agricultural
uses not requiring cultivation or structures.
(2)
Game
preserve, wildlife sanctuary, woodland preserve, or similar conservation
uses not requiring structures.
(3)
Passive
recreation.
(4)
Sealed
water supply wells with the approval of the Township Engineer.
(5)
Front,
side, or rear yards, and required lot area, for any district, provided
such yards are not to be used for on-site sewage disposal systems
or any other structures.
(6)
Existing
single-family detached dwellings, when permitted in the district in
which the property is located. This shall apply to only the existing
dwellings and not to any new dwellings on the same property or on
vacant property.
(7)
Replacement
of existing bridges, culverts, or stream crossings, subject to appropriate
permit approvals from local, state, and federal agencies.
D.
E.
F.
Conditional uses in areas of steep slope. The Board of Supervisors is authorized to grant conditional uses for the following uses, subject to recommendations of the Planning Commission and Township Engineer and pursuant to the standards of Subsections G and H:
(2)
Recreation
use, whether open to the public or restricted to private membership,
such as parks, camps, picnic areas, and golf courses, when permitted
in the district in which the property is located; not to include enclosed
structures excepting toilet facilities and small shelters usually
found in developed outdoor recreational areas.
(3)
Stormwater
management facilities.
(4)
Roads and parking lots, where required by the regulations for the district applicable to the lot without consideration of this § 200-57, provided that no practicable alternative alignments or locations exist.
(5)
Central
sanitary sewer systems.
G.
Standards for conditional uses or variances. The Board of Supervisors, in considering a use as a conditional use, and the Zoning Hearing Board, in considering a variance, shall bear in mind the objectives of Subsection A and shall consider the following:
H.
Additional
standards for conditional uses or variances. An affirmative decision
shall not be issued by the Board of Supervisors for conditional uses
nor by the Zoning Hearing Board for variances unless there is evidence
that:
(1)
Development
is being proposed on areas of steep slope or very steep slope only
because no other alternative location is practicable.
(2)
Earthmoving
activities and vegetation removal will be conducted only to the extent
necessary to accommodate the proposed uses and structures and in a
manner that will not cause uncontrolled surface water runoff, erosion,
sedimentation, and unstable soil conditions.
(3)
Mitigation
techniques will be utilized, including, but not limited to, retaining
walls, tree wells, the establishment of ground covers and/or low spreading
shrubs, and the use of erosion control fabric.
(4)
Proposed
structures will be of sound engineering design, and footings will
be designed in response to the site's slope, soil, and bedrock characteristics.
I.
Application procedures for conditional uses or variances. An application for a zoning permit shall be filed with the Zoning Officer who shall make an initial determination on the application. For a use other than those permitted in Subsection C, an application seeking approval of a conditional use or variance shall be forwarded to the Board of Supervisors or Zoning Hearing Board, as appropriate, along with required studies or information and the findings of the Zoning Officer. The application for conditional use or use by variance shall be accompanied by the following:
(1)
Plans
drawn to a scale of at least one inch equals 50 feet depicting the
following:
(a)
Location, dimensions, and elevation of the property.
(b)
Existing and proposed uses and development.
(c)
Existing and proposed contours at two-foot intervals.
(d)
Location and boundaries of steep slopes and very steep slopes.
(e)
Cross sections and elevations of the property and proposed structures.
(f)
Existing and proposed land cover characteristics of that portion
of the property within the area of steep slope or very steep slope,
indicating wooded areas, open areas, ground cover types, any areas
with impervious surfaces, and subsurface soil types.
(2)
Photographs
showing existing uses, vegetation, and topography of areas of steep
slope or very steep slope.
(3)
Narrative
report describing the slope, soil, and vegetation characteristics
of that portion of the property within the area of steep slope or
very steep slope. Such report shall also describe:
(a)
Proposed types of structures and methods of construction, types of
foundation system(s) to be employed, and proposed landscaping, sewage
disposal, and water supply.
(b)
Sediment and erosion control measures.
(c)
Engineering and conservation techniques intended to alleviate adverse
environmental effects that may be created by the proposed use.
A.
Intent. The intent of this section is to protect the
historic resources of East Whiteland Township and to encourage their
retention and sensitive integration into the present-day circumstances
of the community. These provisions are intended to discourage demolition
and insensitive alteration of historic resources and to facilitate
their appropriate adaptive reuse for contemporary purposes.
B.
Applicability and scope. This section regulates the
circumstances in which any historic resource in the Township may be
demolished or altered. For the purposes of this section, "alteration"
shall include changes to the exterior of an historic resource. However,
for the purposes of this section, "alteration" shall also include
changes to land and the exterior of buildings or structures located
within 200 feet of any historic resource in the Township.
C.
Permit requirement for demolition or alteration of
historic resources. No person, organization, society, association,
corporation, or any governmental agency or representative thereof,
directly or indirectly, shall, without first obtaining a permit as
herein provided, demolish or alter an historical resource.
D.
Demolition or alteration of historic resources, application
procedures and conditions. Permits for demolition or alteration of
an historic resource, whether all or in part, shall be obtained by
making application to the Township. The application shall be accompanied
by written and other materials, such as photographs and drawings,
providing the following information concerning the resource:
(1)
Owner of record.
(2)
Site plan showing all buildings, structures, plantings,
and features of the property on which the resource is located.
(3)
Recent photographs of the resource and its physical
context.
(4)
Reasons for demolition or alteration.
(5)
Method of demolition or alteration.
(6)
Disposition of materials from demolition or alteration.
(7)
Projected uses of the site following demolition or
alteration of the resource.
E.
Demolition or alteration permit application review.
The Zoning Officer shall notify the Historical Commission of the application
for demolition or alteration permit within five business days of acceptance
of a properly filed application, including relevant fees. Within 30
days of the date of application filing, the Historical Commission
or a subcommittee thereof shall consider the application for demolition
or alteration and shall render an initial recommendation.
F.
Initial recommendation of Historical Commission. The
Historical Commission may recommend approval of the demolition or
alteration permit application and may so advise the Zoning Officer.
The Zoning Officer then is authorized to issue the demolition or alteration
permit in accordance with the Building and Fire Codes and other applicable
codes. Alternatively, the Historical Commission may require that the
applicant provide documentation of the resource proposed for demolition
or alteration prior to the issuance of a demolition or alteration
permit.
G.
Documentation of historic resources. Upon the direction of the Historical Commission pursuant to Subsection F, the applicant for a demolition or alteration permit shall provide an historical resource impact study documenting the resource proposed to be demolished or altered. Such documentation shall include:
(1)
A detailed description of the resource and its context,
including topography, vegetation, landscaping, driveways, and associated
structures and features.
(2)
Detailed site plan of the resource, measured floor
plans, and exterior elevations.
(3)
Comprehensive photographic record of the resource
and its context.
(4)
Statement of the significance of the resource and
its context to the Township and environs.
(5)
Financial documentation, including:
(a)
Amount paid for property, date of purchase,
and party from whom purchased, including a description of the relationship,
whether business or familial, if any, between the owner and the person
from whom the property was purchased.
(b)
Assessed value of the land and improvements
thereon according to the most recent assessment.
(c)
For depreciable properties, a pro forma financial
statement prepared by an accountant or broker of record.
(d)
All appraisals obtained by the owner in connection
with his purchase or financing of the property or during his ownership
of the property.
(e)
Bona fide offers of the property for sale or
rent, price asked, and offers received, if any.
(f)
Any consideration by the owner as to adaptive
uses for the property, including the historic resources.
(6)
Statement of potential impact of proposed demolition
or alteration on historic resources and mitigation measures that have
been considered to diminish or eliminate any harmful effects that
could result.
H.
Second recommendation of the Historical Commission.
Upon receipt of the full documentation of the historic resource proposed
for demolition or alteration, the Zoning Officer shall notify the
Historical Commission within five business days of acceptance. Within
30 days of the date of the full documentation filing the Historical
Commission or a subcommittee thereof shall consider the application
for demolition or alteration and shall render a recommendation. The
Historical Commission may recommend approval of the demolition or
alteration application and so advise the Zoning Officer. Alternatively,
the Historical Commission may recommend denial of the application.
In such cases, the Historical Commission shall make a written report
to the Board of Supervisors setting forth reasons for the recommendation
and the evidence considered.
I.
Board of Supervisors decision on demolitions or alterations.
Within 30 days of receipt of the Historical Commission's report, the
Board of Supervisors shall consider the Historical Commission's recommendation
for denial of the application for demolition or alteration of an historic
resource. The owner of the resource proposed for demolition or alteration
shall be given at least 10 days' notice of the meeting of the Board
of Supervisors to consider the denial recommendation. The Board of
Supervisors shall consider any evidence, reports, or testimony from
interested parties and shall render a decision to either deny or approve
the application for demolition or alteration within 21 days of the
meeting. This period may be extended, and its length established,
by mutual consent of the applicant and the Board of Supervisors.
J.
Conditional uses for historic resources. In addition
to the uses permitted by right, special exception, or conditional
use in the various zoning districts in this chapter, the Board of
Supervisors may authorize special uses for historic resources in order
to encourage their retention and facilitate appropriate adaptive reuse.
Such conditional uses may include professional or business offices,
cultural facilities, eating and drinking establishments, and guest
houses or inns in Residential Districts; residences, cultural facilities,
and guest houses or inns in Mixed Use Districts; and any such similar
uses in Industrial, Institutional, or Open Space Districts. Applications
for such conditional uses shall meet the following criteria:
(1)
The use shall not generate high levels of vehicular
traffic, or noise, noxious odors, air pollution, or glare.
(2)
The manner, location, and hours of operations and
of deliveries to the premises shall be compatible with the daily cycle
of active and quiet periods associated with any adjacent residential
uses.
(3)
The use shall complement other uses in the district,
creating a mixed use character that contributes toward an increased
rate of pedestrian access to local services, minimized auto trip generation,
and additional security for district businesses.
(4)
Mixed use structures containing residences shall have
nonresidential uses only on a level or floor below residential uses.
K.
Special exception uses for historic resources. The
Zoning Hearing Board is authorized to grant special exceptions for
modifications to the development standards dimensions relevant to
an historic resource for applications meeting the following criteria:
(1)
Granting of a special exception is necessary to encourage
the retention and appropriate adaptive reuse of the historic resource.
(2)
Granting of a special exception will have minimal
detrimental effect on adjacent and neighboring properties.
(3)
Any proposed rehabilitation, alteration, or enlargement
of an historic resource shall be in substantial compliance with the
Secretary of the United States Department of Interior's Standards
for Rehabilitation.
L.
Demolition by neglect.
[Added 4-13-2016 by Ord.
No. 280-2016]
(1)
Demolition by neglect shall be considered to be the readily observable
deterioration of a structure due to lack of routine maintenance, which
has a detrimental effect upon the character, stability or structural
integrity of the historic resource, thereby constraining or negating
the structure's ability for rehabilitation or reuse. Lack of maintenance
includes but is not limited to:
(a)
The deterioration of exterior walls or other vertical supports.
(b)
The deterioration of roofs or other horizontal members.
(c)
The deterioration of external chimneys.
(d)
The deterioration or crumbling of exterior plasters or mortar.
(e)
The ineffective waterproofing of exterior walls, roofs., foundations,
windows and doors.
(f)
The lack of effective paint or other covering, thereby promoting
rot or other decay.
(g)
The deterioration of any feature so as to create or permit the
creation of any hazardous or unsafe condition.
(2)
Demolition by neglect shall not be used as an automatic excuse by
an applicant as justification for an active demolition application.
(3)
When it can be shown that an owner has held an identified Class 1,
II or III historic resource property for at least five years and allowed
that property to fall into the category of demolition by neglect due
to lack of routine maintenance, and cannot prove that the negligence
has occurred as a result of lack of financial ability to provide maintenance,
the owner may be subject to fines or prosecution for violation of
this subsection and other ordinances of East Whiteland Township. In
determining financial ability, the Commission and the Board will consider
the financial resources and nature of the property owner, cost of
repairs, current value of the property and the potential value and
uses of the property.
M.
. Enforcement.
[Added 4-13-2016 by Ord.
No. 280-2016]
(1)
Fines and penalties. Any person who violates the requirements of this section shall be subject to the penalty provisions imposed under this chapter in accordance with § 200-8, as well as those penalties imposed under Township Building and Fire Codes.
(2)
No building permit will be issued for a minimum of one year for a
property which was occupied by a Class I or II historic resource which
subsequently is demolished in violation of this section.
