The specific intent of the Steep Slope Conservation District shall
be to conserve and protect those areas having steep slopes, as defined
herein, from inappropriate development and excessive grading, as well
as to permit and encourage the use of said areas for open space purposes,
so as to constitute a harmonious aspect of the continuing physical
development of the Township of Cheltenham. In implementing these principals
and the general purposes of the comprehensive plan and this chapter,
the following specific objectives are intended to be accomplished
by the adoption of the Steep Slope Conservation District:
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 Township of Cheltenham.
To encourage appropriate low-impact 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.
To permit only those uses in steep slope areas that are compatible
with the preservation of existing natural features, including vegetation
cover, by restricting the grading of steep slope areas.
To promote the provision of safe and reliable accessways, parking
areas, structures and utility systems serving development on or around
steep slope areas, where more sensitive grading and siting is essential.
Areas on a property having a terrain gradient of 15% or greater
over the contour interval based on a current topographic survey prepared
by a design professional licensed to practice in the Commonwealth
of Pennsylvania and retained by the applicant.
If the Township Engineer makes a determination that the applicant's
steep slope mapping is in error, the applicant shall revise his steep
slope mapping (including additional field work), as required.
All developed lots of 10,000 square feet or less with buildings,
structures, etc., thereon that are in existence at the time of adoption
of this article are exempt from the provisions of this article.
Upon consultation with the Township Engineer, the Township Zoning
Officer may except man-made slopes from the provisions of this article
if the alteration, regrading, clearing or construction upon such slope
can be accomplished without causing erosion of the slope and will
not result in soil failure, stream siltation and contamination of
surface waters and/or an increase in the total runoff into any watercourse
or an increase in the point discharge levels or velocities at any
given point of collection and discharge and will not be injurious
to the health, safety and welfare of Township residents. It shall
be the burden of the applicant to demonstrate that the slopes were
man-made and to establish the absence of impact in accordance with
the criteria stated herein.
The Steep Slope Conservation 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 Township of Cheltenham.
The Steep Slope Conservation District shall have no effect on the
permitted uses in the underlying zoning district, except where said
uses intended to be located within the boundaries of the Steep Slope
Conservation District, as defined herein, are in conflict with the
permitted uses set forth in this article.
In areas of the Township where the Steep Slope Conservation District
applies, the requirements of the Steep Slope Conservation District
shall supersede the requirements of the underlying zoning district(s).
For areas on a property having a terrain gradient of 15% or more, as defined herein, the Steep Slope Conservation District shall apply, and only those uses permitted in § 295-2104 of this article shall be permitted.
The following uses shall be permitted in the Steep Slope Conservation District upon review and approval by the Township Engineer of a lines and grades plan submitted by the applicant and prepared in accordance with the requirements of § 295-2105.
On-site sewage disposal systems, when constructed in compliance
with the Pennsylvania Sewage Facilities Act, Act of January 24, 1966,
P.L. (1965) 1535, as amended, 35 P.S. § 750.1 et seq., as
may be amended from time to time.
Any application concerning a use requiring a variance from the requirements
of this article shall be accompanied by a lines and grades plan(s),
submitted on sheets 24 inches by 36 inches, or smaller (minimum scale
one inch equals 20 feet), prepared by a design professional licensed
to practice in the Commonwealth of Pennsylvania.
Other physical features, including flood hazard boundaries,
sinkholes, streams, existing drainage courses and areas of natural
vegetation to be preserved.
Following the adoption of this article, any use or structure which is situated within the boundaries of the Steep Slope Conservation District and which does not conform to the permitted uses specified by § 295-2104 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 XXV of this chapter.
The granting of a zoning permit or approval of a subdivision or land
development plan on or near the Steep Slope Conservation District
shall not constitute a representation, guaranty or warranty of any
kind of the Township of Cheltenham or by any official or employee
thereof of the practicality or safety of the proposed use and shall
create no liability upon Cheltenham Township, its officials or employees.
The degree of erosion and sediment control protection intended to
be provided by this article is considered reasonable for regulatory
purposes and is based on engineering and scientific methods of study.
This article does not imply that areas outside the Steep Slope Conservation
District boundaries or land uses permitted within said district will
always be totally free from the adverse effects of erosion.