[Ord. 2013-01, 2/11/2013]
1.
As established through the goals, objectives and policies of the
Douglass Township Comprehensive Plan, it is essential to acknowledge
environmental protection and open space preservation. It is therefore
an objective of this chapter to incorporate the "environmental protection
overlay concept" to implement this goal.
2.
The Environmental Protection Overlay Districts incorporated under
this Part include provisions to supplement and enhance the existing
underlying district regulations for land areas which may encounter
certain physical limitations for development. To implement and achieve
the goals and objectives established for preserving environmentally
sensitive areas, the overlay concept has been divided into the following
individual overlay districts:
3.
The Environmental Protection Overlay Districts are an overlay concept
which supplements but does not replace the existing underlying zoning
district regulations. In cases where Environmental Protection Overlay
Districts overlap, the more restrictive standards and specifications
shall apply.
[Ord. 2013-01, 2/11/2013]
1.
Purpose.
A.
The one-hundred-year floodplain shall be an overlay to the existing underlying districts as depicted on the latest update to the Douglass Township Flood Insurance Rate Map prepared by the Federal Emergency Management Agency. As such, these provisions regulating floodplain management shall be a supplement to the underlying district provisions. Where conflicts arise between the provisions or regulations of this chapter, or of Chapter 8, "Floodplains," of the Township Code, the more restrictive provisions shall apply.
B.
The purpose of establishing provisions for floodplain management
is to promote and protect the general health, welfare, and safety
of the community; encourage the utilization of appropriate construction
practices; minimize potential hazards to public health; reduce financial
burdens imposed on the community and government; and to regulate all
development within the one-hundred-year floodplain.
C.
No structure or use shall be located, relocated, constructed, reconstructed,
enlarged, or structurally altered except in full compliance with the
terms and provisions of this chapter and any other possible ordinances
and regulations which apply to uses within the jurisdiction of this
chapter.
D.
The specific intent of this Part shall be to protect areas of floodplain
subject to and necessary for the containment of floodwaters and to
permit and encourage the retention of open space land uses which will
be so located and utilized as to constitute a harmonious and appropriate
aspect of the continuing physical development of Douglass Township.
Furthermore, in light of the Township's certification as eligible
for federal flood insurance, it is the intent of this Part to provide
adequate protection for flood-prone properties within Douglass Township.
In advancing these principles, the following shall be the specific
objectives of the Floodplain Overlay District:
(1)
To combine with present zoning requirements certain restrictions
made necessary for flood-prone areas to promote the general health,
welfare and safety of the Township.
(2)
To prevent the erection of structures in areas unfit for human
usage by reason of danger from flooding, unsanitary conditions or
other hazard.
(3)
To minimize danger to public health by protecting the quality
and quantity of surface and subsurface water supplies adjacent to
and underlying flood hazard areas and promoting safe and sanitary
drainage.
(4)
To permit only those uses which can be appropriately located
in the floodplain, as herein defined, and which will not impede the
flow or storage of floodwaters or otherwise cause danger to life and
property at, above or below their locations along the floodplain.
(5)
To protect adjacent landowners and those both upstream and downstream
from damages resulting from development within a floodplain and the
consequent obstruction or increase in flow of floodwaters.
(6)
To protect the entire Township from individual uses of land
which may have an effect upon subsequent expenditures for public works
and disaster relief and adversely affect the economic well-being of
the Township.
(7)
To maintain undisturbed the ecological balance between those
natural systems elements, including wildlife, vegetation and riverine
life, dependent upon watercourses and water areas.
(8)
To protect other municipalities within the same watershed from
the impact of improper development and the consequent increased potential
for flooding.
(9)
To provide areas for the deposition of flood-borne sediment.
2.
Designation of Floodplain Areas.
A.
The Floodplain Overlay District shall include areas subject to inundation
by waters of the one-hundred-year regulatory flood. The boundaries
of the one-hundred-year floodplain are depicted on the latest update
to the Flood Insurance Rate Map prepared by the Federal Emergency
Management Agency.
B.
The degree of flood protection sought by the provisions of this chapter
is considered reasonable for regulatory purposes and is based on acceptable
engineering methods of study. Larger floods may occur on rare occasions
and flood height may be increased by man-made or natural causes. This
chapter does not imply that areas outside the floodplain districts,
or land uses permitted within such districts will be free from flooding
or flood damages. This chapter shall not create liability on the part
of Douglass Township or any officer or employee thereof for any administrative
decision lawfully made thereunder.
C.
The delineation of the Floodplain Overlay District may be revised
at any time by the Douglass Township Board of Supervisors where natural
or man-made changes have occurred and/or more detailed studies conducted
by the Federal Emergency Management Agency (FEMA), U.S. Army Corps
of Engineers or other qualified agency documents the notification
for such change. Any proposed changes to the defined boundaries shall
be subject to the review and approval of FEMA, the Federal Insurance
Administration (FIA), and the Douglass Township Board of Supervisors.
3.
Permitted Uses; Prohibited Uses.
A.
The following uses and no other will be permitted in a Floodplain
Overlay District:
(1)
Cultivation and harvesting of crops in accordance with recognized
practices.
(2)
Pasture and grazing land in accordance with recognized practices.
(3)
Outdoor plant nursery or orchard in accordance with recognized
practices.
(4)
Wildlife sanctuary, woodland preserve, arboretum and passive
recreation or parks, including hiking, bicycle and bridle trails,
but including no facilities subject to damage by flooding.
(5)
Forestry, lumbering, and reforestation in accordance with recognized
natural resource practices, but permitting no structures.
(6)
Utility transmission lines.
(7)
Sealed public water supply wells, with the approval of the Township
Engineer.
(8)
Floodproofed sanitary sewers, with the approval of the Township
Engineer.
(9)
Front, side or rear yards and required lot area for any district,
provided that such yards are not to be used for on-site sewage disposal
systems or any other prohibited structure.
(10)
Fences.
(11)
New non-habitable accessory structure to an existing residential
use provided that it is outside the floodway and otherwise in compliance
with the latest development standards and specifications adopted by
the Federal Emergency Management Agency (FEMA), the U.S. Army Corps
of Engineers, and the Pennsylvania Department of Environmental Resources
(PADEP).
(12)
In-ground pools.
B.
The following uses shall be specifically prohibited in a Floodplain
Overlay District:
(1)
All freestanding structures and buildings, with the exception
of those permitted in paragraph .A and flood retention dams, culverts
and bridges as approved by the Pennsylvania Department of Environmental
Protection.
(2)
The relocation of any watercourse without approval by the Supervisors
of Douglass Township, which shall first have received the recommendation
of the Township Planning Commission and the approval of the Pennsylvania
Department of Environmental Protection.
(3)
Sanitary landfills, dumps, junkyards, outdoor storage of vehicles
and materials.
(4)
On-site sewage disposal systems, except to replace an existing
system as permitted by the Pennsylvania Department of Environmental
Protection.
(5)
Private water supply wells, except to replace an existing well.
(6)
The construction or substantial improvement of any structure
which will be used for the production, storage, or maintenance of
a supply of the following materials or substances on the premises:
(a)
Acetone.
(b)
Ammonia.
(c)
Benzene.
(d)
Calcium carbide.
(e)
Carbon disulfide.
(f)
Celluloid.
(g)
Chlorine.
(h)
Hydrochloric acid.
(i)
Hydrocyanic acid.
(j)
Magnesium.
(k)
Nitric acid and oxides of nitrogen.
(l)
Petroleum products (gasoline, fuel oil, and the like.)
(m)
Phosphorus.
(n)
Potassium.
(o)
Sodium.
(p)
Sulfur and sulfur products.
(q)
Pesticides, including insecticides, fungicides, and rodenticides.
(7)
As used in this subsection, the term "substantial improvement"
shall mean any repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds 50% of the market value based
on current assessment of the structure either before the improvement
or repair is started or if the structure has been damaged and is being
restored, before the damage occurred. For the purposes of this definition,
"substantial improvement" is considered to occur when the first alteration
of any wall, ceiling, floor, or other structural part of the building
commences, whether or not that alteration affects the external dimensions
of the structure. The term does not, however, include either:
(a)
Any project for improvement of a structure to comply with existing
state or local health, sanitary or safety code specifications which
is solely necessary to assure safe living conditions.
(b)
Any alteration of a structure listed on the National Register
of Historic Places or a state inventory of historic places.
4.
Special Exceptions. The following special exceptions shall be allowed
or denied by the Zoning Hearing Board after recommendations by the
Planning Commission pursuant to the standards set forth in this Part:
A.
Game farm, fish hatchery, or hunting and fishing preserve for the
protection or propagation of wildlife, but permitting no structures.
B.
Commercial recreation use, whether open to the public or restricted
to private membership, such as parks, camps, picnic areas, golf course,
fishing, sport or boating clubs; not to include enclosed structures,
excepting toilet facilities, but permitting piers, docks, floats or
shelters usually found in developed outdoor recreational areas. Any
toilet facilities provided shall be connected to public water and
sewerage systems.
C.
Storm sewers or impoundment basins, with the approval of the Township
Engineer.
D.
Outlet installations for sewage treatment plants and sewage pumping
stations, with the approval of the Township Engineer and appropriate
sewer authorities.
E.
Dams, bridges and culverts approved by the Commonwealth of Pennsylvania
Department of Environmental Protection and any agency that has jurisdiction
over the watershed in question.
F.
Paved roads and driveways, parking lots, where required by the regulations
for the district applicable to the lot without consideration of this
Part, provided that:
(1)
In the case of roads and driveways, no such facilities shall
be permitted as a special exception if alternative alignments are
feasible.
(2)
In the case of parking facilities, no such facility shall be
permitted as a special exception unless satisfactory evidence is submitted
that such parking will not be utilized during periods of flood flow,
thus posing no threat to the safety of the vehicles, their uses and/or
to downstream properties. Temporary parking for periods not to exceed
one hour and/or parking for recreation uses would be examples of such
exceptions.
G.
Grading or regrading of lands, including the deposit of topsoil and
the grading thereof and the construction of retaining walls. In addition,
an application for a special exception for such use shall also be
accompanied by a plan indicating the deposition of any fill or material
proposed to be deposited by the grading or regrading of land; such
fill or other materials shall be protected against erosion by riprap,
vegetation cover or bulk heading.
H.
Other uses similar to the above.
5.
Application Procedures.
A.
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 3, an application seeking approval of a special exception or variance shall be forwarded to the Zoning Hearing Board along with required studies or information and the findings of the Township Engineer.
B.
The application for special exception or use by variance shall be
accompanied by the following:
(1)
Detailed engineering studies indicating the effects on drainage
and streams on all adjacent properties as well as the property in
question.
(2)
An application for amending the boundaries of the Floodplain
Overlay District if the boundaries will be affected by the proposed
special exception or use by variance.
6.
Consideration of Special Exceptions or Variances. All applications for approval of special exceptions or variances shall be considered using standards listed in Subsection 7 and compliance with Chapter 8, "Floodplains," of the Township Code.
A.
The applicant shall request the review and recommendations of the
Township Engineer.
B.
The applicant shall request the review and recommendations of the
Douglass Township Planning Commission.
C.
In rendering a decision, the Zoning Hearing Board may impose special
measures or conditions as deemed necessary and appropriate for the
use to conform to the intent of this chapter.
7.
Standards for Special Exceptions or Variances.
A.
The Zoning Hearing Board shall exercise discretion in allowing only those uses which are substantially in accord with the stated objectives in Subsection 1 herein. The Zoning Hearing Board, in considering special exceptions or variance applications, shall utilize the following:
(1)
The effect of the use shall not substantially alter the cross-section
profile of the stream and floodplains at the location of the proposed
use.
(2)
Lands abutting the waterway, both upstream and downstream, shall
not be unreasonably affected by the proposed use.
(3)
The general welfare or public interest of Douglass Township
or of other municipalities in the same watershed shall not be adversely
affected.
(4)
Any new structure permitted by special exception or by variance shall be constructed and placed on the lot 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. Such structures shall be elevated in accordance with the provisions contained in the Douglass Township Building Code [Chapter 5], as amended.
(5)
Any new structure or substantial improvement permitted as a special exception or by variance shall have all utilities and facilities floodproofed in accordance with the provisions contained in the Douglass Township Building Code [Chapter 5, Part 1], as amended.
(a)
All such structures shall be firmly anchored in accordance with
accepted engineering practices to prevent flotation, collapse, or
lateral movement.
(b)
All such structures shall be constructed so as to prevent the
entrance of floodwaters into the water supply and waste treatment
systems as well as other utility and facility systems. In addition,
waste treatment systems shall be designed to minimize or eliminate
discharges from the systems into the floodwaters.
(6)
Any additions to existing structures permitted as a special exception or by variance shall be elevated to the greatest extent possible according to the provisions contained in the Douglass Township Building Code [Chapter 5, Part 1], as amended. However, any portion of the structure not so elevated shall be floodproofed, also in accordance with the Township Building Code [Chapter 5, Part 1], as amended.
8.
Additional Standards for Variances. A property owner of a lot of
record as of the date of the enactment of this Part who is able to
prove that the strict enforcement of this Part would create undue
hardship by denying a reasonable use of an existing lot which is situated
either wholly or partially in the Floodplain Overlay District may
seek relief by applying for a variance from the Zoning Hearing Board.
A.
The Zoning Hearing Board, after deciding upon the merits of the application, may permit the applicant to make some reasonable use of the property in question, while ensuring that such use will not violate the basic objectives of this Part as specified in Subsection 1 herein.
B.
In considering a use as a variance, the Zoning Hearing Board shall consider those standards outlined in Subsection 6 herein.
C.
The Zoning Hearing Board, when considering variances, shall utilize
the following:
(1)
Affirmative decisions shall only be issued by the Zoning Hearing
Board upon a showing of good and sufficient cause, a determination
that failure to grant the appeal would result in exceptional hardship
to the applicant and a determination that the granting of an appeal
will not result in increased flood heights, additional threats to
public safety, extraordinary public expense, create nuisances, cause
fraud on or victimization of the public or conflict with existing
local laws or ordinances.
(2)
Affirmative decisions shall only be issued upon a determination
that is the minimum necessary, considering the flood hazard, to provide
relief.
9.
Boundary Disputes; Appeals Procedure.
A.
In cases of any dispute concerning the boundaries of a Floodplain
Overlay District, initial determination shall be made by the Township
Engineer.
B.
Any party aggrieved by the decision of the Township Engineer as to
the boundaries of the Floodplain Overlay District, as defined above,
which may include the grounds that said map referred to therein is
or has become incorrect because of changes due to natural or other
causes or changes indicated by future detailed hydrologic and hydraulic
studies, may appeal to the Zoning Hearing Board. The burden of proof
in such an appeal shall be on the applicant.
C.
Insofar as various natural conditions, including the Floodplain Overlay
District, as herein defined, may change, such changes may be validated
by detailed on-site survey techniques approved by the United States
Army Corps of Engineers, Philadelphia District. Whether a proposed
use is within the Floodplain Overlay District shown on the Floodplain
Overlay Map shall, upon appeal from the decision of the Township Engineer,
be determined by the Zoning Hearing Board upon receipt of the findings
of the detailed on-site survey by the petitioner. The Zoning Hearing
Board, in addition to other evidence and standards, may consider the
recommendations of the Township Planning Commission and the validation
of the United States Army Corps of Engineers, Philadelphia District,
and/or other municipal agencies.
10.
Nonconforming Uses and Structures. Following the adoption of this Part, any use or structure which is situated within the boundaries of the Floodplain Overlay District and which does not conform to the permitted uses specified in Subsection 3 herein shall become a nonconforming use or structure, regardless of its conformance to the district in which it is located without consideration of this Part. The expansion or continuance of a nonconforming use or structure which is rendered nonconforming by the adoption of this Part shall be governed by the standards contained in Subsection 6 and Subsection 3B(7) herein. The Zoning Hearing Board shall ensure that these standards are enforced with respect to said nonconforming use or structure.
11.
Conflict of Law. These provisions regulating floodplain management shall be a supplement to the underlying district provisions. Where conflicts arise between this Part and other Parts of this chapter including, but not limited to, the Steep Slope Overlay District [§ 27-505], the Hydric Soil Overlay District [§ 27-503], and the High Water Table Overlay District [§ 27-504], the more restrictive provisions shall apply.
[Ord. 2013-01, 2/11/2013]
1.
Purpose.
A.
The areas subject to hydric soils within the Township shall be an
overlay to the existing underlying district as illustrated in the
Soil Survey of Berks County, prepared by the United States Department
of Agriculture in cooperation with the Pennsylvania State University
and Pennsylvania Department of Agriculture, and referred to hereinafter
as "Soil Survey." Where conflicts arise between provisions or regulations
of this chapter, the more restrictive development provisions shall
apply.
B.
The purpose of establishing provisions for areas which may encounter
hydric soils is to promote and protect the general health, welfare,
and safety of the community; secure environmentally sensitive lands;
encourage the utilization of appropriate construction practices; and
to minimize hazards to public health.
2.
Designation of Hydric Soil Areas.
A.
The U.S. Department of Agriculture in cooperation with the National
Technical Committee for Hydric Soils has defined a "hydric soil" as
follows: "A hydric soil is a soil that is saturated, flooded, or ponded
long enough during the growing season to develop anaerobic conditions
in the upper part."
B.
Hydric soils identified by the Soil Survey include the following.
This list is not necessarily comprehensive.
|
Soil Name
|
Map Symbol
|
|---|---|
|
Andover
|
AnA, AnB, AoB
|
|
Bowmansville Silt
|
Bo
|
|
Brinkerton Silt
|
BtA, BtB
|
|
Croton Silt
|
CwA, CwB
|
|
Holly Silt
|
Ho
|
|
Lamington Silt
|
LfA
|
|
Thorndale Silt
|
ThA
|
|
Towhee Silt
|
ToA, ToB, TwB
|
C.
It is the intention of this chapter that in cases where the Hydric
Soil Overlay District overlaps the Floodplain Overlay District, the
policies, restrictions, guidelines, and standards of the more restrictive
district shall prevail.
3.
Uses Permitted by Right.
A.
All uses permitted in the underlying zoning district provided it
is in accordance with the latest development standards and specifications
adopted by the Federal Emergency Management Agency (FEMA), the U.S.
Army Corps of Engineers, the Pennsylvania Department of Environmental
Protection (DEP), the U.S. Environmental Protection Agency, and Douglass
Township.
B.
All accessory uses permitted in the underlying zoning district provided
it is in accordance with the latest development standards and specifications
adopted by the FEMA, the U.S. Army Corps of Engineers, DEP, the U.S.
Environmental Protection Agency, and Douglass Township.
C.
Any grading or earth disturbance activity provided it is in accordance
with the latest development standards and specifications adopted by
FEMA, the U.S. Army Corps of Engineers, DEP, the U.S. Environmental
Protection Agency, and Douglass Township.
4.
Boundary Disputes and Appeals Procedures.
A.
Should a dispute arise concerning the boundaries of those areas subject to hydric soil overlay controls, an initial determination of the boundaries shall be made by the Zoning Officer or Township Engineer utilizing the criteria listed under § 27-503, Subsection 2, "Designation of Hydric Soil Areas," of this chapter.
B.
Any person aggrieved by this decision may appeal to the Zoning Hearing
Board as specified in this chapter.
C.
The burden of proof shall be on the person appealing the decision
of the Zoning Officer or Township Engineer.
[Ord. 2013-01, 2/11/2013]
1.
Purpose.
A.
The areas subject to high water table soils within the Township shall
be an overlay to the existing underlying district as illustrated in
the Soil Survey of Berks County, prepared by the United States Department
of Agriculture in cooperation with the Pennsylvania State University
and Pennsylvania Department of Agriculture. Where conflicts arise
between provisions or regulations of this chapter, the more restrictive
provisions shall apply.
B.
The purpose of establishing provisions for areas which may encounter
a high water table is to promote and protect the general health, welfare,
and safety of the community; secure environmentally sensitive lands;
encourage the utilization of appropriate construction practices; and
to minimize hazards to public health.
2.
Designation of High Water Table Areas.
A.
The High Water Table Overlay District shall include all areas subject
to inundation of soils which are characteristic and categorized as
being alluvial and/or as high water table soils by the Soil Survey
of Berks County, Pennsylvania prepared by the United States Department
of Agriculture (Soil Conservation Service) in cooperation with the
Pennsylvania State University and Pennsylvania Department of Agriculture,
and referred to hereinafter as "Soil Survey."
B.
Alluvial soils are defined as soils which have been formed in alluvium
and deposited in the past by stream or flooding conditions. The presence
of these soils is a reliable indication that heavy runoff conditions
will probably create flooding in the future.
C.
High water table soils are defined as surface soils which are within
three feet of the seasonable high water table as described and identified
by the Soil Survey.
D.
High water table soils identified by the Soil Survey include the
following. This list is not necessarily comprehensive.
|
Soil Series
|
Map Symbol(s)
|
|---|---|
|
Andover
|
Ana, AnB, AoB
|
|
Berks
|
BkA, BkC, BkD, BkF
|
|
Bowmansville
|
Bo
|
|
Brinkerton
|
BtA, BtB
|
|
Croton
|
CwA, CwB
|
|
Holly
|
Ho
|
|
Lamington
|
LfA
|
|
Thorndale
|
ThA
|
|
Towhee
|
ToA, ToB, TwB
|
|
Weikert
|
WeB, WeD
|
|
Hydric soils § 27-503 of this chapter.
|
E.
It is the intention of this chapter that in cases where the High
Water Table Overlay District overlaps the Floodplain Overlay District
and/or the Hydric Soil Overlay District, the policies, restrictions,
guidelines, and standards of the more restrictive district shall prevail.
3.
Uses Permitted by Right. The following uses and activities are permitted
in the High Water Table Overlay District provided they are in compliance
with the provisions of the underlying district:
B.
Municipal uses.
C.
All uses permitted in the underlying zoning district provided it
is in accordance with the latest development standards and specifications
adopted by the Pennsylvania Department of Environmental Protection
(DEP), the Berks County Soil Conservation District, and Douglass Township.
E.
All accessory uses permitted in the underlying zoning district provided
it is in accordance with the latest development standards and specifications
adopted by DEP, the Barks County Soil Conservation District, and Douglass
Township.
4.
Boundary Disputes and Appeals Procedures.
A.
Should a dispute arise concerning the boundaries of those areas subject to high water table overlay controls, an initial determination of the boundaries shall be made by the Zoning Officer or Township Engineer utilizing the criteria listed under § 27-504, Subsection 2, "Designation of High Water Table Areas," of this chapter.
B.
The burden of proof shall be on the person appealing the decision
of the Township Zoning Officer or Township Engineer.
[Ord. 2013-01, 2/11/2013]
1.
Legislative Intent. The specific intent of this Part is to benefit
the public health, safety, and welfare of the Douglass Township residents
by conserving and protecting areas of steep slopes from the harmful
consequences of excessive clearing of vegetation, excessive grading,
and/or inappropriate development, in conformance with the following
goals of Douglass Township:
A.
Guard against property damage and personal injury, and minimize the
potential for erosion, soil failure, stream siltation, and contamination
of surface waters caused by the misuse of steep slope areas.
B.
Conserve existing woodlands for air and water quality benefits, to
provide habitat for wildlife, and to maintain the ecological balance
among the natural systems on steep slope areas.
C.
Permit land uses by right that are compatible with protection of
steep slope areas, and encourage the use of steep slope areas for
open space and conservation uses.
D.
Require development to avoid steep slope areas wherever possible,
and require land use, clearing, grading, and construction to satisfy
performance standards that guard against potential harmful consequences.
E.
Regulate expansion of land use or development that existed on steep
slope areas prior to enactment of these requirements.
F.
Protect adjoining properties from harmful consequences of development
permitted under relief from the provisions of these requirements.
2.
Conflict of Law. The designated steep slope area shall be an overlay to the existing underlying district as illustrated on topographical maps prepared by the U.S. Geological Survey or slopes of 15% or greater. These provisions regulating steep slope management shall be a supplement to the underlying district provisions. Where conflicts arise between this Part and other Parts of this chapter including, but not limited to, the Floodplain Overlay District [§ 27-502], the Hydric Soil Overlay District [§ 27-503], and the High Water Table Overlay District [§ 27-504], the more restrictive provisions shall apply.
3.
Definition and Establishment. The Steep Slope Overlay District is
established as all those areas of the Township with a slope of 15%
or more, referred to as "steep slopes" or "steep slope areas."
A.
Steep Slope Map.
(1)
Areas of steep slopes shall be plotted on a map known as the
Steep Slope Overlay District Map of Douglass Township ("Steep Slope
Map"), as determined from United States Geological Survey (USGS) Maps
to indicate the approximate boundaries of the Steep Slope Overlay
District.
(2)
The boundaries shown on the Steep Slope Map may be supplemented
or modified by boundaries determined by examination of one or more
of the following sources whenever a subdivision or land development
plan is submitted for review by the Township in accordance with the
provisions set forth herein:
(3)
Changes in the boundaries of the Steep Slope Overlay District
shall be plotted as amendments to the Steep Slope Map when feasible.
B.
Boundary Delineation, Interpretation, and Appeals.
(1)
Applicants shall show the boundaries of the Steep Slope Overlay
District on all subdivision and land development plans, based on one
or more of the sources listed in paragraph .A(2) herein. Steep slopes
shall be further divided into the following two categories:
(2)
The Township Engineer shall decide whether or not the Steep
Slope Overlay District has been shown with sufficient accuracy on
the applicant's plans. Based on the Township Engineer's
advice, the Township Zoning Officer may require applicants to revise
the boundaries shown on the plans.
(3)
Any party aggrieved by the decision of the Township Zoning Officer
may appeal the decision to the Zoning Hearing Board.
(4)
The burden of proving the correct boundary shall be on the appellant,
supported by engineering and/or surveying data or mapping, testimony
of a soil scientist, or other acceptable evidence.
4.
Overlay Concept. The Steep Slope Overlay District shall be an overlay
on all zoning districts and shall function in accordance with the
following:
A.
For any lot or portion thereof lying within the Steep Slope Overlay
District, the regulations of the overlay district shall take precedence
over the regulations of the underlying district.
B.
Should the underlying zoning of any lot or any part thereof which
is located in the Steep Slope Overlay District be changed through
any legislative or judicial action, such change shall have no effect
on the overlying Steep Slope Overlay District unless such change was
included as part of the original application.
C.
Should the overlaying Steep Slope Overlay District be declared inappropriate
to any lot through any legislative or judicial actions, such change
shall have no effect on the underlying Zoning District.
D.
All uses, activities and development occurring within any Steep Slope
Overlay District shall be undertaken only in strict compliance with
the provisions of this Part, with all federal and state laws, and
with all other applicable Township codes and ordinances.
5.
Uses Permitted by Right. The following open space and conservation
uses are permitted as by right, provided that they are in compliance
with the provisions of the underlying zoning district, are not prohibited
by any other ordinance, and shall not include any structures, roads,
driveways, parking areas, construction, or other development, or grading,
or clearing of vegetation.
A.
Wildlife sanctuary, woodland preserve, arboretum, and passive park
and recreation areas.
B.
Game farm or hunting preserve.
C.
Forestry and reforestation in accordance with recognized natural
resource and soil conservation practices.
D.
Pasture and grazing land in accordance with recognized natural resource
and soil conservation practices.
E.
Outdoor plant nursery or orchard in accordance with recognized natural
resource and soil conservation practices.
F.
Cultivation and harvesting of crops in accordance with recognized
natural resources and soil conservation practices.
H.
Nonstructural accessory uses necessary to the operation and maintenance
of the above permitted uses.
6.
Uses Permitted by Special Exception. The following uses shall be permitted on steep slopes of less than 25% by special exception, in accordance with the special exception standards and criteria in Subsection 9 herein:
A.
Structures, roads, driveways, parking areas, construction, or other
development.
B.
Clearing of vegetation, or grading, including the addition of fill
composed of earth, rock, or inorganic construction debris.
C.
Sealed public water supply wells with approval of the Pennsylvania
Department of Environmental Protection.
D.
Sanitary or storm sewers and stormwater detention basins with the
approval of the Township Engineer and the Department of Environmental
Protection.
E.
On-site sewage disposal systems, when approved by the Department
of Environmental Protection.
F.
Public utilities subject to the requirements set forth in this chapter.
G.
Extractive uses and borrow pits in accordance with recognized conservation
practices and regulations of the State Department of Environmental
Protection.
7.
8.
Special Exception Application. For any use authorized by special
exception in the Steep Slope Overlay District, excepting uses existing
as of the date of enactment of this Part, an application to the Township
Zoning Hearing Board shall be filed with the Township in accordance
with the following:
A.
For a use other than those permitted as by right, as stated in Subsection 6 herein, an application seeking special exception approval shall be forwarded to the Township along with any required studies, documentation, or information as set forth herein.
B.
A plan by a registered professional engineer or surveyor, which accurately
locates the proposed use with respect to the Steep Slope Overlay District
boundaries and existing development within 200 feet of the proposed
use, together with all pertinent information describing the proposal,
and a topographical survey with contour elevations at no greater than
two-foot intervals.
C.
The applicant shall provide a suitable erosion and sediment control
plan and supporting evidence for the site.
D.
A plan of proposed development or use of the site, conforming to the preliminary plan requirements of the Douglass Township Subdivision and Land Development Ordinance [Chapter 22] with contours shown at two-foot intervals, where feasible, throughout the steep slope areas proposed for development or use. Contours shall be accurately drawn from on-site survey or aerial photographic sources.
E.
Proposed modifications to the existing topography and vegetative
cover, as well as the means of accommodating stormwater runoff.
F.
Documentation of any additional engineering and/or conservation techniques
designed to alleviate environmental problems created by the proposed
activities, in compliance with the Township's sedimentation and
erosion control regulations.
G.
The following, unless deemed unnecessary by the Township Engineer:
(1)
Typical tract cross sections at a scale of one inch equals 100
feet, or larger, and/or typical tract cross sections at a vertical
and horizontal scale deemed appropriate by the Township Engineer.
(2)
Specifications of building materials and construction including
filling, grading, materials storage, water supply, and sewage disposal
facilities.
9.
Special Exception Standards and Criteria. In considering a special
exception application, the Township Zoning Hearing Board shall consider
the following:
C.
The design standards as set forth in the Douglass Township Subdivision and Land Development Ordinance [Chapter 22].
D.
The erosion and sediment control plan submitted with the application, drawn in accordance with the Douglass Township Subdivision and Land Development Ordinance [Chapter 22].
E.
Abutting property shall not be adversely affected by runoff or erosion
from the proposed use.
F.
The need for a woodland management plan on wooded steep slope areas.
G.
Evidence that:
(1)
Proposed buildings or structures are of sound engineering design
and that footings are designed to extend to stable soil and/or bedrock,
and that the proposal will be sound from architectural, engineering,
and environmental perspectives, and will have no adverse impacts on
the health, safety, and welfare of the community.
(2)
Proposed roads, drives, and parking areas are designed so that
land clearing and/or grading will not cause accelerated erosion. Both
vertical and horizontal alignment for such facilities shall be so
designed that hazardous conditions are not created.
(3)
Alternative placements on non-steep slope areas were carefully
evaluated for structures, including buildings, retaining walls, swimming
pools, roads, access driveways, parking facilities and other development,
and can be shown to be inappropriate or infeasible to the satisfaction
of the Township Board of Supervisors.
(4)
Proposed on-lot sewage disposal facilities are properly designed
and constructed in conformity with applicable health regulations.
(5)
Proposed nonagricultural displacement of soil is for purposes
consistent with the intent of this article and will be executed in
a manner that will not cause erosion or other unstable conditions.
(6)
Surface runoff water will not create unstable conditions, including
erosion, and that appropriate stormwater management facilities will
be constructed as necessary.
10.
Development Regulations. The following regulations shall apply to
all proposals within the Steep Slope Overlay District:
A.
All setback requirements for the underlying zoning district shall
be met by the proposed application for development of the site.
B.
All structures, roads, driveways, parking areas, grading, construction,
and other development, and clearing of vegetation shall be set back
a minimum of 10 feet from the boundary of the Steep Slope Overlay
District, unless otherwise approved as part of a special exception
application.
C.
No building lot shall be created unless it contains sufficient buildable
area with slopes less than 25%. If it is infeasible to provide this
buildable area in accordance with the setbacks required by the underlying
district, the lot area shall be increased as necessary to provide
a buildable area equal to at least 1/2 the building envelope provided
by the minimum lot dimensional standards of the underlying district.
11.
Certificate of Compliance. No steep slope areas shall be occupied
until a certificate of compliance has been submitted to the Township
by a registered professional engineer and/or land surveyor, as applicable,
that the construction of any buildings or other improvements or any
other changes were accomplished in compliance with this Part.
12.
Nonconforming Uses or Structures. Following the adoption of this Part, 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 in Subsection 5 of this Part shall become a nonconforming use or structure, regardless of its conformance to the district in which it is located without consideration of this Part. However, the Township Zoning Hearing Board shall follow the standards contained in Subsection 9 of this Part to the expansion or continuance of said nonconforming use or structure, to the extent permitted by law.
