[Ord. No. 688, 6/4/2018]
The purpose of this part is to provide for the reasonable use of steep slopes while ensuring development will not induce soil erosion, require excessive grading, increase slope instability, or create sewage disposal problems and shall be in conformance with the following objectives:
1. 
Guard against property damage and personal injury, and minimize the potential for erosion, slope failure, stream siltation, increased runoff, flooding and contamination of surface waters caused by the adverse effects of site preparation and construction on steep slopes.
2. 
Conserve existing woodlands for air and water quality benefits.
3. 
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.
4. 
Require development to avoid steep slope areas wherever possible, and require all land use, clearing, grading, and construction to satisfy development standards.
5. 
Regulate expansion of land use or development that existed on steep slope areas prior to enactment of these requirements.
6. 
Protect adjoining properties from harmful consequences of development permitted under these requirements.
[Ord. No. 688, 6/4/2018]
1. 
The Steep Slope Overlay District (SSOD) is defined and established as those areas having slopes of 15% or greater as delineated on a map(s) prepared for the Borough.
2. 
The boundaries shown on the SSOD is identified on the Official Zoning Map and may be supplemented or modified by examination of one or more of the following sources by the Borough whenever an application is submitted for review:
A. 
Soil Survey of Tioga County, Pennsylvania, USDA Soil Conservation Service.
B. 
Contour maps prepared from aerial photography.
C. 
On-site survey prepared by a registered professional engineer or surveyor.
3. 
The SSOD shall be further divided into the following two categories:
A. 
Slopes of 15% but less than 25%. Slopes of 15% or greater slope [e.g., sloping 15 feet or more vertical per 100 feet horizontal] when there are five adjacent contour intervals of two feet each such that, in aggregate, they delineate a slope of at least 15%.
B. 
Slopes of 25% or more. Slopes of 25% or greater slope [e.g., sloping 25 feet or more vertical per 100 feet horizontal] when there are five adjacent contour intervals of two feet each such that, in aggregate, they delineate a slope of at least 25%.
4. 
The Borough Engineer shall decide whether or not the SSOD has been shown with sufficient accuracy on the applicant's plans. Based on the Borough Engineer's advice, the Borough may require applicants to revise the boundaries shown on the plans.
5. 
The burden of proving the correct boundary shall be on the applicant, supported by engineering and/or surveying data or mapping, testimony of a soil scientist, or other acceptable evidence.
[Ord. No. 688, 6/4/2018]
1. 
The SSOD shall be an overlay on all underlying zoning districts as depicted on the Zoning Map. For any lot or portion thereof lying within the SSOD, the regulations of the overlay district shall take precedence the regulations of the underlying district.
2. 
These regulations apply to lots where the proposed land disturbing activity is greater than 5,000 square feet.
3. 
All uses, activities and development occurring within any SSOD shall be undertaken only in strict compliance with the provisions of this article, with all federal and state laws, and with all other applicable Borough codes and ordinances.
4. 
No building lot shall be created unless it contains at least one acre of area with slopes less than 25%. If it is not feasible to provide this area in accordance with the setbacks required by the underlying district, the lot area shall be increased as necessary to provide a minimum area equal to one acre of area with slopes less than 25%.
5. 
Finished slopes of all cuts and fills shall not exceed 33%, unless the applicant can demonstrate that steeper slopes can be stabilized and maintained adequately to the satisfaction of the Borough.
6. 
All cuts shall be supported by retaining walls or other appropriate retaining structures when, depending upon the nature of the soil characteristics, such structures are approved by the Borough Engineer in order to prevent erosion.
7. 
Any fill placed on the lot shall be properly stabilized and, when found necessary depending upon existing slopes and soil types, supported by retaining walls or other appropriate structures as approved by the Borough Engineer.
8. 
No retaining wall shall exceed the height prescribed in § 27-1403 of the Zoning Ordinance, and there shall be at least 10 feet between stepped retaining walls. All retaining walls require a certification by a professional engineer that the wall was constructed in accordance with approved plans and applicable building codes.
9. 
Any disturbance of steep slopes shall be completed within one construction season, and disturbed areas shall not be left bare and exposed during the winter and spring thaw periods. Permanent vegetative cover shall be planted within three days after completion of grading.
10. 
No trees with a diameter at breast height (DBH) of eight inches or more shall be removed from steep slope areas unless in accord with an erosion and sedimentation control plan prepared by a certified engineer or forester.
11. 
The alignment of roads and driveways shall follow the natural topography, minimize regrading and comply with design standards for maximum grades set forth in the Wellsboro Borough Subdivision and Land Development Ordinance.
[Ord. No. 688, 6/4/2018]
1. 
Open space and conservation uses are permitted by right on steep slopes, provided that they shall not include any structures, roads, driveways, parking areas, construction, or other development, or grading, or clearing of vegetation.
2. 
Wildlife sanctuary, woodland preserve, arboretum, and passive park and recreation areas.
3. 
Forestry and reforestation in accordance with an erosion and sedimentation control plan, a copy of which shall be filed with the Borough, and recognized natural resource, timbering and soil conservation best management practices for timber harvesting and site stabilization and retirement, and as permitted by relevant municipal and state regulations and, as required, permits.
4. 
Pasture and grazing land in accordance with recognized natural resource and soil conservation practices.
5. 
Outdoor plant nursery or orchard in accordance with recognized natural resource and soil conservation practices.
6. 
Cultivation and harvesting of crops in accordance with recognized natural resource and soil conservation practices.
7. 
Front, side, or rear yards, and required lot area for any underlying zoning district.
8. 
Non-structural accessory uses necessary to the operation and maintenance of the above permitted uses.
[Ord. No. 688, 6/4/2018]
1. 
Removal of topsoil except when related to an approved conditional use, and/or in accord with an approved erosions and sedimentation control plan.
2. 
Solid waste disposal, recycling uses, junkyards, or other outdoor storage uses.
[Ord. No. 688, 6/4/2018]
The following uses and activities may be permitted by conditional use provided that they are in compliance with the provisions of the underlying district and are not prohibited by any other ordinance:
1. 
Structures, roads, driveways, parking areas, construction or other development.
2. 
Clearing of vegetation or grading, including the addition of fill.
3. 
Sealed public water supply wells with approval of the Pennsylvania Department of Environmental Protection.
4. 
Sanitary or storm sewers and stormwater detention basins with the approval of the Borough Engineer and the Department of Environmental Protection.
5. 
On-lot sewage disposal systems, when approved by the Borough Sewage Enforcement Officer and/or the Pennsylvania Department of Environmental Protection.
6. 
Utility transmission lines and above-ground utility line structures unless upon petition of a public utility corporation, the Pennsylvania Public Utility Commission shall, after a public hearing, decide that the present or proposed situation of the lines or structures in question is reasonably necessary for the convenience or welfare of the public.
7. 
Extractive uses in accordance with recognized conservation practices and regulations of the State Department of Environmental Protection.
8. 
Applications for conditional uses shall provide the following information and documentation:
A. 
A plan by a registered professional engineer or surveyor which accurately locates the proposed use with respect to the SSOD boundaries, with all pertinent information describing the proposal, and a topographical survey with contour elevations at no greater than two-foot intervals, where feasible.
B. 
A plan of proposed development or use of the site, conforming to the preliminary plan requirements of the Wellsboro Borough Subdivision and Land Development Ordinance, 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.
[Ord. No. 688, 6/4/2018]
1. 
Open space and conservation uses are permitted by right on steep slopes, provided that they shall not include any structures, roads, driveways, parking areas, construction, or other development, or grading, or clearing of vegetation.
2. 
Wildlife sanctuary, woodland preserve, arboretum, and passive park and recreation areas.
3. 
Forestry and reforestation in accordance with an erosion and sedimentation control plan, a copy of which shall be filed with the Borough, and recognized natural resource, timbering and soil conservation best management practices for timber harvesting and site stabilization and retirement, and as permitted by relevant municipal and state regulations and, as required, permits.
4. 
Pasture and grazing land in accordance with recognized natural resource and soil conservation practices.
5. 
Outdoor plant nursery or orchard in accordance with recognized natural resource and soil conservation practices.
6. 
Cultivation and harvesting of crops in accordance with recognized natural resource and soil conservation practices.
7. 
Front, side, or rear yards, and required lot area for any underlying zoning district.
8. 
Non-structural accessory uses necessary to the operation and maintenance of the above permitted uses.
[Ord. No. 688, 6/4/2018]
1. 
Removal of topsoil.
2. 
Solid waste disposal, recycling uses, junkyards, or other outdoor storage uses.
3. 
Structures, roads, driveways, parking areas, construction or other development.
4. 
Clearing of vegetation or grading, including the addition of fill.
5. 
Sealed public water supply wells.
6. 
Sanitary or storm sewers and stormwater detention basins.
7. 
On-lot sewage disposal systems.
8. 
Utility transmission lines and above-ground utility line structures.
9. 
Extractive uses.
[Ord. No. 688, 6/4/2018]
1. 
Where the potential for a conditional use is specifically provided for, in considering a conditional use application, the Borough Council shall consider the following:
A. 
Relationship of the proposed use to the objectives set forth in § 27-103.
B. 
Adverse effects on abutting properties.
C. 
The need for a woodland management plan on wooded steep slope areas.
D. 
Proposed roads, driveways 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.
E. 
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 Borough.
F. 
Proposed on-lot sewage disposal facilities are properly designed and constructed in conformity with applicable regulations.
G. 
Proposed non-agricultural displacement of soil is for purposes consistent with the intent of this part and will be executed in a manner that will not cause erosion or other unstable conditions. The applicant shall provide an erosion and sediment control plan and supporting evidence.
H. 
Surface runoff of water will not create unstable conditions, including erosion, and appropriate stormwater management facilities will be constructed as necessary.