In expansion of the statement of community development objectives found in Article I of this chapter, the specific intent of the Steep Slope Conservation (SSC) District is to:
A.
To combine with other zoning requirements, as an overlay, certain
restrictions for steep slope areas to promote the general health,
safety, and welfare of the residents of the Borough of Collegeville.
B.
To prevent inappropriate development of steep slope areas, in order
to avoid potential dangers for human usage caused by erosion, stream
siltation, soil failure leading to structural collapse or damage,
and/or unsanitary conditions and associated hazards.
C.
To minimize danger to public health and safety by promoting safe
and sanitary drainage.
D.
To permit only those uses that are compatible with development of
steep slope areas in order to avoid accelerated erosion, soil failure,
accelerated seepage, or other conditions which may create a danger
to life and/or property.
E.
To permit only those uses in steep slope areas that are compatible
with the preservation of existing natural features, including vegetative
cover, by restricting the grade of steep slope areas.
F.
To promote the ecological balance among those natural system elements
(such as wildlife, vegetation, and aquatic life) that could be adversely
affected by inappropriate development of steep slope areas.
G.
To prevent development that would cause excessive erosion and siltation,
and a resultant reduction in the water-carrying capacity of the watercourses
which flow through or around the Borough with the consequences of
increased flood crests and flood hazards within the Borough and to
both upriver and downriver municipalities.
H.
To prevent landowners in the Borough and/or other municipalities
from the possible harmful effects of inappropriate grading and development
on steep slope areas.
I.
To protect the entire Borough from inappropriate development on steep
slope areas, which could have an effect upon subsequent expenditures
for public works and disaster relief and, thus, adversely affect the
economic well-being of the Borough.
J.
To promote the provision of safe and reliable accessways, parking
areas and utility systems serving developments on or around steep
slope areas, where most sensitive grading and siting is essential.
K.
To assist in the implementation of pertinent state laws concerning
erosion and sediment control practices, including but not limited
to Clean Streams Law, P.L. 1987,[1] and any subsequent amendments thereto, as administered
by the Pennsylvania Department of Environmental Protection (PADEP)
and the Montgomery County Conservation District.
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
A.
The SSC District is defined and established as those areas of the Borough having steep slopes, as defined in Article II of this chapter.
B.
Dispute procedures. Should any dispute arise as to the applicability
of the SSC District regulations, the following procedures shall apply:
(1)
Any party aggrieved by the decision of the Zoning Officer, either because of an interpretation of the exact location of the SSC District boundary or because criteria used in delineating the boundary as set forth in Subsection A of this section is or has become incorrect because of changes due to natural or other causes, may appeal said decision to the Zoning Hearing Board as provided for in Article IV of this chapter.
(2)
The burden of proving the incorrectness of the Zoning Officer's
decision shall be on the applicant.
The SSC District shall be deemed to be an overlay on any zoning
district(s) now or hereafter enacted to regulate the use of land in
the Borough of Collegeville.
A.
The SSC District shall have no effect on the permitted uses in the
underlying zoning district(s), except where said uses intended to
be located within the boundaries of the SSC District, and defined
herein, are in conflict with the permitted uses set forth in this
article.
B.
In those areas of the Borough of Collegeville where the SSC District
applies, the requirements of the SSC District shall supersede the
requirements of the underlying zoning district(s).
C.
Should the SSC District boundaries be revised as a result of legislative
or administrative actions or judicial decision, the zoning requirements
applicable to the area in question shall revert to the requirements
of the underlying zoning district(s) without consideration to this
article.
D.
Should the zoning classification(s) of any parcel or any part thereof
on which the SSC District is an overlay be changed as a result of
legislative or administrative actions or judicial decision, such change(s)
in classification shall have no effect on boundaries of the SSC District,
unless an amendment to said boundaries was included as part of the
proceedings from which the subsequent change(s) originated.
On those lands having a slope of 15% or more, as defined in Article II, the SSC District shall apply and only those uses permitted in §§ 680-204 and 680-205 shall be permitted. Furthermore, all applications for development of said areas as permitted in § 680-205 shall be accompanied by an erosion and sediment control plan notwithstanding the minimum acreage requirements of the Clean Streams Law, P.L. 1987,[1] and any subsequent amendments thereto. The plan shall
comply with the erosion and sediment control practices set forth in
the Erosion and Sediment Pollution Control Program Manual of PADEP,
1990, as well as other recognized conservation practices.
A.
In evaluating any proposed development plan, the erosion and sediment
control plan and any additional information submitted by the applicant
in support of the application, the Borough Planning Commission, the
Borough Engineer, and the Borough Council (where appropriate) shall
consider the following factors:
(1)
The percentage of slope on the site.
(2)
The extent and proposed disturbance of the existing vegetative
cover on the site.
(3)
The soil types and underlying geology of the site.
(4)
The length and extent of the slope both on the site in question
and on adjacent lands within 200 feet of the site.
(5)
Evidence that the proposed development, any impervious ground
cover and the resultant disturbance to the land and existing vegetative
cover will not cause excessive runoff and/or related environmental
problems.
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
The following uses and no other shall be permitted without the
submission of an erosion and sediment control plan:
A.
Wildlife sanctuary, woodland preserve, arboretum, and passive recreation
areas, including parks, but excluding enclosed structures.
B.
Game farm or hunting preserve to the protection and propagation of
wildlife but excluding enclosed structures.
C.
Forestry and reforestation in accordance with recognized soil conservation
practices, as contained in the Natural Resources Conservation Service's
Technical Guide.
D.
Pasture and controlled grazing of animals in accordance with recognized
soil conservation practices, as contained in the Natural Resources
Conservation Service's Technical Guide.
E.
Recreation uses, such as parks, with such activities as hiking, bicycling,
and bridle trails, camps, picnic areas, but excluding enclosed structures.
F.
Outdoor plant nursery or orchard in accordance with recognized soil
conservation practices as contained in the Natural Resources Conservation
Service's Technical Guide.
G.
Cultivation and harvesting of crops in accordance with recognized
soil conservation practices, as contained in the Natural Resources
Conservation Service's Technical Guide.
H.
Nonstructural accessory uses (except swimming pools), necessary for
the operation and maintenance of the above-permitted uses.
I.
Similar uses to the above which are in compliance with the intent
of this article.
The following uses are permitted by conditional use in areas of precautionary slopes upon submission of an erosion and sediment pollution control plan and supporting evidence as set forth in § 680-208:
A.
Front, side and rear yard and required lot area in the underlying zoning district(s), provided that such yards are not to be used for an on-site sewage disposal system, unless the said system meets the applicable requirements of § 680-205D.
B.
Sealed public water supply wells with the approval of PADEP.
C.
Sanitary or storm sewers and stormwater detention basin with the
approval of the Borough Engineer and PADEP, as applicable.
E.
Extractive uses and barrow pits, when permitted in the underlying
zoning district(s), and when operated in accordance with recognized
soil conservation practices, as specified by PADEP.
F.
Roads, access driveways, and parking facilities, when no viable alternative
is feasible, upon the determination of the Borough.
G.
Similar uses to the above which are in compliance with the intent
of this article.
The following uses are prohibited in the SSC District:
A.
Freestanding structures, buildings and retaining walls, or swimming pools, unless the applicant can demonstrate to the Borough Council that the proposal will be sound from architectural, engineering and environmental perspectives, the proposal will have no adverse impacts on the health, safety, and welfare of the community, and there are no viable alternatives. If the applicant can so demonstrate, the use may be permitted by conditional use (§ 680-205, above).
B.
The filling or removal of topsoil except when related to an activity
related to an approved special exception use.
C.
Solid waste disposal or recycling uses.
D.
Junkyards or other outdoor storage uses.
The provisions of this article shall not apply to lots which
were held in single and separate ownership as of the effective date
of this article, unless and until such lots become the subject of
a subdivision or land development application, in which event, the
provisions of this article shall apply to such subdivision and land
development. Development of land with slopes in excess of 15% on lots
in single and separate ownership after the effective date of this
article, which are not the subject of a subdivision or land development
application or the issuance of a granting permit on terms determined
by the Borough Engineer, are not affected by this chapter.
Administration of this article is governed by Article III of this chapter. In addition, the following requirements shall apply:
A.
Application procedures. Before a permit is issued for any construction
or land disturbance activity on land within or affecting the SSC District,
the following material, in full or in pertinent parts, shall be submitted
for review by the Borough:
(1)
An earthmoving plan of the property which indicates existing
grades with contour lines at two-foot intervals and proposed grades
within the area of any proposed activity, disturbance, or construction.
All areas of prohibitive and/or precautionary slope shall be shaded
accordingly.
(2)
A site plan indicating existing and proposed structures, other
impervious surfaces, storm drainage facilities and retaining walls.
The site plan also shall locate and identify existing vegetation and
ground cover within areas of prohibitive and precautionary slopes,
as well as proposed landscaping material to be installed.
(3)
Architectural plans, elevations, and sections.
(4)
A statement, signed and sealed by a registered architect or
engineer, explaining the building methods to be used in overcoming
foundation and other structural problems created by slope conditions,
preserving the natural watersheds and preventing soil erosion and
excessive surface water runoff to neighboring properties and/or streets.
(5)
Plan, profile, and typical cross-section of any proposed street,
emergency access or driveway within areas of steep slopes, with the
seal of a registered professional engineer thereon.
(6)
A statement, signed by the owner or future occupant at the time
of subdivision, land development or building permit application, that
there is a full understanding of any difficulties associated with
access stemming from steep slopes. No zoning permit shall be issued
by the Zoning Officer, and no conditional use shall be granted by
the Borough Council, without the Borough Engineer's review of this
material and his recommendations thereon.
B.
Standards and criteria for review of conditional use applications.
In evaluating any application for conditional use within areas of
steep slopes, the Borough Council shall determine consistency of the
proposal with the following:
(1)
Disturbance to particularly sensitive features on the site shall
be minimized; special emphasis in planning for the site should be
given to the protection of:
(2)
Disturbance shall be minimized where the length or area of steep
slope, both on the site and on adjacent lands within 200 feet of the
slope, is extensive.
(3)
The proposed development, any impervious ground cover and the
resultant disturbance to the land and existing vegetative cover will
not cause runoff and/or related environmental problems off the site.
(4)
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, transportation and recharge of stormwater, aesthetic and
traditional characters of the landscape, and existing drainage patterns.
Mitigation measures may be required by Borough Council as it deems
appropriate.
(5)
Important visual qualities of the site shall, to the maximum
extent feasible, be retained; in addition to vegetation, these may
include hilltops/ridgelines, rock outcroppings and the natural terrain
and contours of the site.
(6)
Road construction shall follow the natural topography, with
cuts and grading minimized.
(7)
Innovative, imaginative building techniques that are well-situated
to slope conditions, shall be encouraged, consistent with other applicable
codes and regulations.
(8)
The equilibrium of the slope, as characterized by the existing
interrelationships among the soil, water, and vegetation, shall be
disturbed as little as possible.
C.
Uses and/or structures rendered nonconforming by the adoption of this district. Following the adoption of this article, any use or structure which is situated within the boundaries of the SSC District and which does not conform to the permitted uses specified in §§ 680-204 and 680-205 of this article shall become a nonconforming use or structure, regardless of its conformance to the district in which it is located without consideration of this article. The expansion or continuance of said nonconforming use or structure shall be governed by the requirements of Article VII of this chapter. However, the Zoning Hearing Board shall also ensure that the standards contained in Subsection B of this section are applied to the expansion or continuance of said nonconforming use or structure.
