Township of Honey Brook, PA Part 8 NATURAL RESOURCES PROTECTION STANDARDS

§ 27-801 Statement of Intent.

[Ord. No. 196-2018, 9/12/2018]

In accordance with the planning goals of the Honey Brook Township and Borough Multi-Municipal Comprehensive Plan and the purpose statements and community development objectives set forth in Article I of this Chapter, this Part establishes natural resources protection standards for Honey Brook Township. The regulations set forth herein are intended to achieve the following specific purposes:

A. To provide appropriate levels of protection to those natural features within the Township that represent significant resource opportunities to the Township and its surrounding region;

B. To provide appropriate levels of protection to those natural features within the Township when subject to undue disturbance, may constitute threats to public health, safety, and welfare.

C. It shall be a violation of this Part to regrade, fill, pipe, divert, channel, build upon, or otherwise alter or disturb a natural resource protected by this Part prior to the submission, review, and approval of an applicable application for zoning or building permit(s), conditional use or special exception approval, zoning variance, or subdivision or land development plan(s).

§ 27-802 FH — Flood Hazard District.

A. Statement of Intent. The purposes of the FH — Flood Hazard District are:

(1) Protect individuals from investing in lands and structures which are unsuitable for most uses because of flood hazards.

(2) Regulate development which will cause unacceptable increases in flood heights, velocities, and frequencies.

(3) Restrict or prohibit certain uses susceptible to flood damage.

(4) Protect aquifer recharge areas and such other areas of the Township sensitive to pollution and contamination.

(5) Require all uses which do occur in floodplains to be protected against flooding and to be provided with all necessary access and utilities, which shall also be protected from flood damage.

(6) Minimize danger to public health and safety by protecting water supply, sanitary sewage disposal, and natural drainage.

(7) Protect the quantity and quality of surface and subsurface water supplies adjacent to and underlying floodplain areas.

(8) Contribute to:

(a) The protection of stream waters against sedimentation.

(b) The prevention of stream bank erosion.

(c) The maintenance of cool water temperatures.

(d) The preservation of fish and wildlife habitats, through the protection of trees and other riparian vegetation.

(9) Maintain the scenic and aesthetic character of the streams and stream valleys, consistent with the goals of the Honey Brook Township and Borough Multi-Municipal Comprehensive Plan.

B. Lands In District Defined. The FH — Flood Hazard District shall be defined as all areas identified as the "Identified Floodplain Area" in Chapter 8, Part 1, Floodplain Management Regulations, of this Code. A map depicting the approximate location of the FH — Flood Hazard District is attached hereto as Appendix B; such map is not conclusive as to the location of the FH District but is intended as a general guidance document.

C. Boundary Disputes. Any boundary disputes regarding the location of the FH District, as defined by referenced to Chapter 8, Part 1 of this Code of Ordinances, shall be resolved pursuant to the boundary dispute provision in such Chapter 8, Part 1.

D. Relationship to Other Parts and Ordinances. The provisions of the FH — Flood Hazard District create an overlay district which is applicable within all other zoning districts established by this Chapter. To the extent the provisions of this Section are applicable and more restrictive, they shall supersede conflicting provisions in any other part of this Chapter and all other ordinances of the Township. However, all other provisions of this Chapter and all other ordinances of Township shall remain in full force.

E. Uses Permitted by Right. The following uses are permitted by right in the FH — Flood Hazard District only if conducted under and in accordance with the provisions of the Clean Streams Law of Pennsylvania, Act 394 of 1937, as amended, 35 P.S. § 691.1 et seq.; the rules and regulations of the Pennsylvania Department of Environmental Protection; the standards and requirements of the Chester County Conservation District; and all other applicable provisions of this Chapter; and are subject to any limitations or restrictions imposed by the Township's Floodplain Management Regulations contained in Chapter 8, Part 1 of this Code of Ordinances.

(1) Agricultural, horticultural, and forestry uses, excluding any structures, and excluding any grading or filling.

(2) Public and private parks and/or recreation areas, excluding swimming pools, camp grounds, and any structures. Picnic tables, park benches, fireplaces, grills, and playground equipment shall be permitted, if anchored to prevent flotation.

(3) Activities related to the preservation and conservation of natural resources and amenities, excluding any structures.

(4) Stream improvements, fish and farm ponds, dams, or stream relocations, as approved by the Pennsylvania Department of Environmental Protection and, as appropriate, in consultation with the Pennsylvania Fish and Boat Commission and/or the U.S. Fish and Wildlife Service.

(5) Erosion and sedimentation control measures, facilities, and structures, provided no increase in flood heights or frequency, unhealthful ponding, or other unsanitary conditions shall occur.

(6) Yards and open space areas.

(7) One and two strand fences.

(8) Culverts, bridges, and the approaches to such culverts and bridges, as also approved by the Pennsylvania Department of Environmental Protection and/or the U.S. Army Corps of Engineers.

(9) Driveways and common driveways for residential uses when approved by the Township Engineer.

(10) Subsurface sanitary and storm sewers and utility crossings for not more than five residential lots or not more than one commercial/industrial lot when approved by the Township Engineer.

F. Uses Permitted by Special Exception. The establishment and/or expansion of the following uses is permitted when a special exception is granted by the Zoning Hearing Board in conformance with Part 14, the standards in Subsection I of this Part, the standards of Chapter 8, Part 1 of this Code of Ordinances, and all other applicable provisions of this Chapter.

(1) Water-oriented uses and structures, such as fish hatcheries, water monitoring devices, water wheels, and weirs.

(2) Parking lots, loading areas, driveways and any other paved at-grade surfaces not exempted under Subsection E(9) above.

(3) Floodproofing and flood hazard reduction structures for nonconforming uses and structures.

(4) Improvements and/or additions to existing structures within the FH — Flood Hazard District.

(5) Hydropower plants.

(6) Fire protection facilities for the purpose of collecting and storing water for fire protection purposes.

(7) Subsurface sanitary and storm sewers and utility crossings not exempted under Subsection E(10) above.

G. Uses and Activities Specifically Prohibited in the FH — Flood Hazard District. Any development, use or activity not authorized as a permitted use under the terms of Subsections E and F above shall be prohibited within the Flood Hazard District. In particular, the following activities, whether proposed in conjunction with a permitted use or otherwise, shall not occur in any portion of the Flood Hazard District:

(1) Clear-cutting of trees, as defined in Part 2, or the clearing of vegetation, except where such clearing is necessary:

(a) To prepare land for a use permitted by Subsection E or F above, or by action of the Zoning Hearing Board.

(b) As a reforestation measure.

(c) As a means to eliminate dead, diseased, or hazardous tree stands. Where a clear-cutting operation is deemed permissible for one of the above reasons, it shall be consistent with the terms of a timber harvesting plan prepared consistent with the requirements of § 27-1029 and approved by the Board of Supervisors. Under no circumstances shall a clear-cutting operation be conducted within 25 feet of a stream bank.

(2) Sod farming.

(3) Sanitary landfills and junkyards.

(4) Private on-site sewage disposal systems.

(5) Swimming pools.

(6) Cemeteries.

(7) The construction, enlargement, or expansion of public or private hospitals or nursing homes.

(8) The construction, enlargement, or expansion of jails or prisons.

(9) The construction, enlargement, expansion or substantial improvement of a mobile home, mobile home park, mobile home subdivision, manufactured home, manufactured home park, or manufactured home subdivision.

(10) Concentrated animal feeding operations or similar feed lots.

(11) Dead animal composting facilities.

(12) Wild, domestic, or farm animal enclosures which will not allow all animals to escape floodwaters without human assistance.

(13) Any development or use which may, whether alone or in combination with others, create the following conditions and except where specifically authorized elsewhere in this Part:

(a) Endanger human life.

(b) Obstruct, impede, retard, change, or increase the velocity, direction, or flow of floodwaters.

(c) Increase the surface elevation of 100-year floods, or the frequency of 100-year floods on adjacent properties.

(d) Catch or collect debris carried by floodwaters.

(e) Be placed within the delineated FEMA floodway portion of the FH — Flood Hazard District.

(f) Degrade the water-carrying capacity of any watercourse, channel, or floodplain.

(g) Increase the rate of erosion or sedimentation.

(h) Degrade the quality of surface water or the quality or quantity of groundwater.

(i) Be susceptible to flotation and subsequent movement which would cause damage to other property.

(j) Create unhealthful ponding or other unsanitary condition.

(14) Any surface or subsurface production or storage of any materials or substances deemed hazardous by the Township or appropriate state or federal agency.

(15) Storage of any material which, if inundated, would float, or of any flammable or toxic material or any other material which, if inundated or otherwise released to the stream, would degrade or pollute the stream or cause damage if swept downstream.

(16) The placing or stripping of topsoil or fill material of any kind, exclusive of grading or filling necessary for the construction of a structure for which a building permit and other valid authorization has been issued, or for creation of a sediment basin or conversion of a sediment basin to a stormwater detention facility as defined in Subsection E(5) above.

(17) No special exception or variance shall be granted by the Zoning Hearing Board for any requirement pertaining to developments which may endanger human life (as described in Subsection G(7), (8), (9), or (15), above) in accordance with the Pennsylvania Floodplain Management Act, P.L. 851, No. 166 of 1978, as amended, 32 P.S. § 679.101 et seq.

H. Nonconforming Uses and Structures.

(1) Continuation. All development, uses or structures existing in the FH — Flood Hazard District on the effective date of this Chapter which are not in conformity with the provisions of this Part shall be deemed nonconforming uses or structures. Such nonconforming uses or structures may be continued, maintained, repaired, and floodproofed, except as otherwise provided for in this Part or as prohibited by Chapter 8, Part 1 of this Code of Ordinances. However, such nonconforming uses or structures may at any time be required to comply with existing federal, state, or Township health, sanitary, or safety code specifications which are necessary solely to assure safe living conditions.

(2) Abandonment. Nonconforming uses or structures within the FH — Flood Hazard District shall be subject to Part 11 of this Chapter. Additionally, the Zoning Officer, upon approval of the Board of Supervisors, may require the removal of any abandoned nonconforming use or structure upon proper notice to the owner of the property on which an abandoned nonconforming use or structure exists. Abandonment shall be deemed to be as prescribed in § 27-1104 of this Chapter. If the owner has not completely removed the abandoned use or structure within a reasonable amount of time, not to exceed nine months, the Zoning Officer shall have the authority to cause the removal to be accomplished, with the costs of such removal to be paid by the property owner.

(3) Expansion and Modification. No nonconforming use or structure shall be expanded, enlarged, or altered in any way which increases its nonconformity with respect to height, area, yard, and other requirements established in this Chapter, or in any way which causes it to occupy more space within the FH — Flood Hazard District than was occupied by it on the effective date of this Chapter.

(4) Replacement and Rebuilding. All replacement, repairs, or rebuilds of structures which are nonconforming with regard to any portion of this § 27-802 shall be done in full compliance with the Floodplain Management Regulations in Chapter 8, Part 1 of this Code of Ordinance. The nonconformity of the new structure with respect to requirements as expressed in provisions of this Chapter shall not exceed that of the original structure which was damaged or destroyed. Nothing shall be done which would otherwise violate any of the provisions of this Part.

I. Standards for Review of Conditional Use, Special Exception or Variance Applications.

(1) General.

(a) For any development within the FH — Flood Hazard District, the applicant shall demonstrate the effect of the development on flood heights, frequencies and velocities, the susceptibility of the development to flood damage, the availability of emergency access, and the necessity of the proposal to be located near or within the flood hazard area.

(b) An applicant for a variance, conditional use, or special exception under this § 27-802 must submit all information required of an applicant under the Township's Floodplain Management Regulations in Chapter 8, Part 1 of this Code, and must satisfy all variance criteria identified therein.

(c) All uses and structures shall be designed and constructed to:

[1] Allow the unrestricted passage of floodwaters;

[2] Not create unhealthy or unsanitary conditions; and

[3] Not degrade the quality of surface water or groundwater.

(d) Where practical, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow and shall be placed approximately on the same flood flow lines as those of nearby structures.

(2) Utility Facilities in the FH — Flood Hazard District. Utility facilities not under the exclusive jurisdiction of the Pennsylvania Public Utility Commission shall comply with the following conditions:

(a) Facilities including pipelines, gas lines, storm sewers, sanitary sewers, water lines, outlet installations for sewage treatment plants, sealed public and private water supply wells, pumping stations, and underground communications facilities shall, except for necessary vents, be designed and installed underground so as to be at or below the existing natural surface grade within the floodplain, and in such a manner that will prevent flotation, minimize or eliminate flood damage, and not alter the cross-sectional area of the floodplain. All new or replacement water supply facilities or sanitary sewage facilities shall be designed to minimize or eliminate infiltration of floodwaters into the facilities and discharges from the facilities into floodwaters. All gas lines shall have a system of shut-off valves for service within the FH — Flood Hazard District to allow positive control during flood emergencies.

(b) Electrical transmission lines and supporting structures shall be installed so as to minimize or eliminate flood damage and be installed underground below the existing natural surface within the floodplain. Aboveground electrical transmission lines should be designed to meet the following standards:

[1] Aboveground lines and supporting structures shall enter the FH — Flood Hazard District only to cross a watercourse, shall cross the watercourse and the district using the most direct and shortest route possible, shall make the minimum number of crossings necessary, and shall be designed and installed so as to minimize or eliminate flood damage.

[2] Aboveground lines shall be elevated so that the lowest portions are a minimum of 10 feet above the 100-year flood elevation.

[3] Supporting structures for aboveground lines within the district shall be the minimum number necessary to carry the lines across the district. Supporting structures shall be designed and installed so as to be able to withstand the maximum volume, velocity, and force of floodwaters which can be expected at the point where they are located.

[4] Facilities and services in the district shall be designed so that flood damage within the district does not disrupt service outside the district.

(c) Utility facilities and structures (excluding buildings) subject to the jurisdiction of the Pennsylvania Public Utility Commission are requested to comply with the above standards in the interest of achieving the purpose and intent of this Chapter.

(3) Evacuation Plan. A plan which provides for alternative vehicular access and escape routes when normal routes are blocked or destroyed by flooding shall be submitted to the Chester County Department of Emergency Services by the owner of any building located in the FH — Flood Hazard District.

J. Municipal Liability. The granting of a permit or the making of any other administrative decision shall not constitute a representation, guarantee, or warranty of any kind by the Township, or by any official, agent, or employee thereof, of the practicability or safety of any structure, use, or other plan proposed with respect to damage from flood or otherwise, and shall create no liability upon, or a cause of action against, such public body, official, agent, or employee for any flood damage that may result pursuant thereto or as a result of reliance on this Section. There is also no assurance that lands not included in the FH — Flood Hazard District are now or ever will be free from flooding or flood damage.

§ 27-803 WHP — Wellhead Protection District.

[Ord. No. 196-2018, 9/12/2018]

A. Statement of Intent. The purpose of this Section is as follows:

(1) To protect the public health, safety and welfare through the preservation of the groundwater resources of the public water supplies owned and operated by the Honey Brook Borough Authority (hereinafter referred to as the "Authority"), a municipal authority duly established by the Borough of Honey Brook, Chester County (hereinafter referred to as the "Borough").

(2) To ensure a future supply of safe, reliable, and healthful drinking water for the residents of the Township. The designation of the Wellhead Protection District and the regulation of activities within such Wellhead Protection District will reduce the potential for ground and surface water contamination and thereby preserve irreplaceable groundwater resources. The delineation of the Wellhead Protection District and the development of the provisions of this Section are based upon a professional study of the hydrogeology and other features of the Township and certain nearby municipalities.

(3) Preserve the Township's natural features and groundwater aquifers.

B. Establishment and Delineation of Wellhead Protection District and Wellhead Protection Zones.

(1) The Wellhead Protection District shall be defined as that area within the corporate boundaries of the Township as is set forth on the map attached hereto, marked as Appendix C and incorporated herein by reference thereto.

(2) Within the Wellhead Protection District, the following Wellhead Protection Zones are hereby established:

(a) Zone 1 shall be that area marked on Appendix C as Zone 1, which Zone 1 represents a protective zone immediately surrounding a community water supply well, which shall be a maximum radius of 400 feet.

(b) Zone 2 shall be that area marked on Appendix C as Zone 2, which Zone 2 represents an area determined by methods applicable to that hydrogeologic setting, as having a ten-year time-of-travel of groundwater supply to public well sites.

(c) Zone 3 shall be that area marked on Appendix C as Zone 3, which Zone 3 represents the area that contributes surface and groundwater to Zone 2.

C. Boundary Disputes.

(1) Where the boundary of any zone divides any property, the entire property shall be considered to lie within the zone offering the highest degree of protection to groundwater resources.

(2) Should any person challenge the boundary of Zones 1, 2 or 3, it shall be the responsibility of that person to retain a recognized professional with competence in the field to determine more accurately the precise boundary of the disputed area.

(3) The final boundary to be used will be determined by the Township Engineer with assistance from the Authority Engineer and/or a professional hydrogeologist, as appropriate.

(4) The applicant shall bear the burden of proof and be responsible for all fees incurred as may be set forth by resolution of the Board of Supervisors.

D. Relationship to Other Parts and Ordinances.

(1) The provisions of the WHP — Wellhead Protection District creates an overlay district which is applicable within the zoning districts established by this Chapter and shown on the map in Appendix C.

(2) To the extent the provisions of this Section are applicable and more restrictive, they shall supersede conflicting provisions in any other Part of this Chapter and all other ordinances of the Township.

(3) However, all other provisions of this Chapter and all other ordinances of the Township shall remain in full force and effect.

E. Regulated Land Uses in the WHP — Wellhead Protection District.

(1) Within the Wellhead Protection District, land uses shall be regulated as follows:

(a) Lots and tracts of land located within the Wellhead Protection District, as delineated on Appendix C, shall be governed by the restrictions applicable to the Wellhead Protection Zone in which such lots and tracts of land are located.

(b) Certain land uses within the Wellhead Protection District will be regulated (hereinafter "regulated land uses") according to the listing of uses provided in this Section. Certain particular regulated land uses will be prohibited, or permitted only by a special permit, within Zone 1, Zone 2, or Zone 3, as applicable.

F. Uses Permitted by Right in the WHP — Wellhead Protection District.

(1) The following uses are permitted by right in the WHP — Wellhead Protection District (all zones).

(a) Transit. The transportation of any hazardous or governmentally regulated substance through the Wellhead Protection District shall be exempt from provisions of this Chapter, provided that the transporting vehicle is in transit through the Wellhead Protection District and further provided that such transportation is conducted in compliance with all applicable federal and state law and regulations.

(b) Residential. To the extent otherwise permitted or regulated by federal, state and/or county statutes and regulations, the owners and/or occupiers of lots and tracts of land which are primarily utilized for the purpose of single- or multifamily residential dwellings are permitted to utilize and store fuels, hazardous chemicals, pesticides, fertilizers, inflammable liquids and gases, and toxic and regulated substances in such quantities and in such manner as is associated with normal consumer, household use, and such limited utilization shall not be deemed a regulated land use for the purposes of this Chapter.

G. Uses Specifically Prohibited in the WHP — Wellhead Protection District.

(1) Zone 1. The following regulated land uses are specifically prohibited in Zone 1:

(a) Bulk storage of regulated substances (i.e., meaning any substances regulated under federal, state or county environmental, pollution control, hazardous substance and drinking water laws and regulations).

(b) Dry-cleaning establishments; coin or commercial laundries.

(c) Garage service station.

(d) Heavy manufacturing uses.

(e) Junkyards.

(f) Land application of wastewater and sludges.

(g) Livestock animals in excess of 25 animal equivalent units per acre in yarding areas.

(h) Metal plating establishments.

(i) Open burning sites (not including the open burning of common household waste as permitted by state law and DEP regulations) and dumps.

(j) Quarries and mining operations.

(k) Road salt stockpiles.

(l) Fuel sales.

(m) Fuel storage.

(n) Sanitary landfill.

(o) Sewage treatment facilities with on-site disposal of primary or secondary treated effluent in excess of 5,000 GPD.

(p) Storage and mixing of regulated substances.

(q) Use which involves as a principal activity the manufacture, storage, use, transportation, or disposal of regulated substances.

(r) Use which involves use or storage of regulated substances in quantities greater than those associated with normal household use.

(s) Used motor vehicle sales area.

(2) Zone 2. The following regulated land uses are specifically prohibited in Zone 2:

(a) All regulated land uses mentioned in § 27-803G(1)(a) through (s) above.

(3) Zone 3. The following regulated land uses are specifically prohibited in Zone 3:

(a) Open burning sites (not including the open burning of common household waste as permitted by state law and DEP regulations) and dumps.

H. Uses Permitted by Special Permit Issuance in the WHP — Wellhead Protection District. The following regulated land uses are permitted by issuance of a special permit within Zone 3 only:

(1) All regulated land uses mentioned in § 27-803G(1)(a) through (h) and (j) through (s), above.

I. Reporting Requirements for New Uses.

(1) As to each lot or tract of land located within the Wellhead Protection District, upon which there is conducted a regulated land use, the record owner thereof shall submit, or cause to be submitted, to the Township Engineer the following reports and information in the manner prescribed:

(a) Copies of all federal, state and county operational approvals, certificates, permits and applications, on-going environmental reports and monitoring results, relating to environmental, pollution control, hazardous substance and drinking water laws and regulations pertaining to such lot or tract of land, as and when required to be submitted to federal, state and county governmental authorities.

(b) In the event that any contaminants and/or substances regulated under federal, state or county environmental, pollution control, hazardous substance and drinking water laws and regulations are released on or from any lot or tract of land within the Wellhead Protection District, copies of any and all notices, reports and documents which such owner filed, or caused to be filed, with any federal, state and/or county governmental authorities which provide notice of or relate to such release, as and when such notices, reports and documents are required to be filed with such governmental authorities.

(c) Copies of all notices, orders, rules, decisions, recommendations, enforcement actions and similar documentation, as and when received by or on behalf of such record owner or the occupant of any such lot or tract of land from any federal, state or county governmental authority in connection with the enforcement of environmental, pollution control, hazardous substance and drinking water laws and regulations.

J. Administration.

(1) The Township Engineer is hereby designated as the Township official responsible for the administration and enforcement of this Section. The Zoning Hearing Board of the Township shall hear appeals from the written determinations and orders of the Township Engineer regarding applications, enforcement notices, cease and desist orders and other matters, and shall also hear substantive and procedural challenges to the validity of this Chapter.

(2) Uses of lots or tracts of land in existence on the date of enactment of this Chapter which are regulated land uses shall be deemed to be "nonconforming uses" of land under the terms of this Chapter. Such nonconforming uses of land may be continued by the present or any subsequent owner so long as:

(a) Such use is and remains otherwise lawful and in compliance with all federal, state, and county environmental, pollution control, hazardous substance and drinking water laws and regulations.

(b) Such nonconforming use has not been and is not discontinued for a period of 12 consecutive months.

(c) Such nonconforming use is not, after the date of enactment of this Chapter, materially altered, changed or expanded.

(d) The record owner of the lot or tract of land on which such nonconforming use is located is in compliance with the Section of this Chapter regarding reporting requirements.

(e) Such nonconforming use is not an actual known source of groundwater contamination.

(f) A regulated land use shall be deemed to be new or materially altered, changed or expanded if:

[1] The land use which constitutes the regulated land use was not previously present and conducted upon the lot or tract of land in question.

[2] The production and/or storage capacity of the regulated land use is increased.

[3] The types of substances which give rise to the regulated land use are changed.

[4] The number of types of any substances which give rise to the regulated land use is increased.

[5] The quantity of any substances which give rise to the regulated land use is materially increased.

(3) Following the date of enactment of this Chapter, regulated land uses which are new or which constitute material changes, alterations or expansions of nonconforming regulated land uses will be prohibited in accordance with the terms of this Section thereby prohibiting such regulated land uses or permitting such regulated land uses only upon the granting of a special permit. Any regulated land use which is permitted to be conducted within the Wellhead Protection District as a result of the granting of a special permit in accordance with the terms of this Chapter and other Township regulations shall not be deemed to be a nonconforming use of the land under the terms of this Chapter, but shall without further action be considered a land use which is in conformity with the terms of this Chapter.

(4) As to any new regulated land use or any proposed material change, alteration or expansion of a regulated land use which is a nonconforming regulated land use and as to which such regulated land use is permitted to be conducted within the applicable Wellhead Protection Zone upon the granting of a special permit, such special permit shall only be granted upon the following conditions:

(a) Such regulated land use is one which is specifically authorized as a special permit use in the Wellhead Protection Zone in question, as set forth in this Section.

(b) Such regulated land use will not, during construction or thereafter, cause the degradation of the groundwater quality upon or beneath the lot or tract of land in question, or upon or beneath adjacent lots or tracts of land, the degree and extent of which degradation is or would be violative of safe drinking water standards promulgated by federal, state or county governmental authorities.

(c) Satisfactory evidence has been provided to the Township's Engineer, or Zoning Hearing Board, as applicable, that the proposed regulated land use is in compliance with all federal, state and county laws and regulations applicable to such regulated land use and the record owner or occupant has received all necessary approvals of federal, state and county governmental authorities for the conduct of such regulated land use.

(5) Application for a special permit shall be made to the Township Engineer in writing on such form as may be prescribed by the Township Engineer and approved by resolution of the Supervisors and such application shall include, at a minimum, a detailed description of each of the activities to be conducted upon the lot or tract of land in question which constitute a regulated land use, including a listing of all substances which are to be stored, handled, used or produced in connection with each regulated land use being proposed and which substances are subject to regulation by federal, state and/or county governmental authorities.

(6) The Township Engineer shall issue a written determination approving or disapproving the application for a special permit, or conditioning the granting of the special permit upon adherence to any or all of the following requirements by the applicant for the special permit, where the Township Engineer has found that such adherence is reasonably necessary to fulfill the groundwater protection purposes of this Chapter:

(a) The installation of adequate containment facilities and systems so as to prevent the contamination of groundwater by substances regulated by federal, state and/or county governmental authorities.

(b) The preparation, filing (with the Township Engineer) and periodic revision of an emergency plan addressing the means by which any potential contamination of groundwater will be controlled, collected and remediated, including emergency contacts and identification of potential contaminants.

(c) Regular inspection and/or monitoring, by the owner, occupant, the Township Engineer and/or third parties (including the Authority), of the regulated land use.

(d) Compliance by the applicant with the provisions of the Township Subdivision and Land Development Ordinance [Chapter 22] and Township Stormwater Management Ordinance [Chapter 20] then in effect pertaining to sanitary sewage disposal, water supply, stormwater management, utilities and easements and subsurface carbonate areas.

K. Applications to the Township Engineer for a special permit under this Section, as well as written determinations of the Township Engineer and appeals from the written determinations of the Township Engineer to the Township Zoning Hearing Board and appeals to the courts of the Commonwealth of Pennsylvania, shall be subject to the same procedural (but not substantive) rules as are applicable to applications for special exceptions under the terms of this Chapter in effect at the time the application is filed.

L. Fees. The Township Supervisors shall, from time to time, establish by resolution a schedule of fees, charges and expenses and collection procedures for special permits, costs of review and inspection, appeals and other matters pertaining to this Section. The schedule of fees shall be available for inspection in the Township Office. An application will not be considered to be complete until all applicable fees, charges and expenses have been paid in full.

§ 27-804 SSC — Steep Slope Conservation District.

[Ord. No. 196-2018, 9/12/2018; as amended by Ord. No. 197-2019, 7/10/2019]

A. Purpose. The purposes of this Section are as follows:

(1) To promote the public health, safety, and welfare by protecting steep slope areas and by encouraging retention of open space located and designed so as to constitute a harmonious and appropriate part of the physical development of the Township.

(2) To permit only those uses of steep slope areas that are compatible with the conservation of natural conditions and that maintain stable soil conditions by: (1) minimizing disturbances to vegetative ground covers; and (2) restricting the regrading of steep slope areas.

(3) To limit soil erosion and the resultant destruction of the land, siltation of streams, and property damage.

(4) To protect low-lying areas from flooding by limiting the increase in stormwater runoff caused by grading of sloped areas, changes in ground cover, or the erection of structures.

(5) To maintain the ecological integrity and habitat value of steeply sloped areas for indigenous vegetation and wildlife that could be adversely affected by otherwise permitted disturbances.

(6) To allow the continuing replenishment of groundwater resources and the maintenance of springs.

B. Delineation.

(1) The SSC — Steep Slope Conservation District shall consist of any area that is delineated and defined as follows:

(a) Prohibitive Slope. Prohibitive slopes are those of greater than 25% slope, as further defined in § 27-202.

(b) Precautionary Slope. Precautionary slopes are those of 15% to 25% slope, as further defined in § 27-202.

(2) The applicable United States Geological Survey Topographic Map, or a topographic survey prepared by a registered professional licensed to perform such surveys when required as part of a subdivision or land development plan application, shall determine the lands contained within the SSC — Steep Slope Conservation District.

C. Steep Slope Delineation Procedure.

(1) Each application for construction, land disturbance or subdivision containing land within the SSC — Steep Slope Conservation District shall be submitted in accordance with such other provisions of the ordinances of the Township as are applicable thereto. Any area of prohibitive slope or precautionary slope that falls within the subject lot or lots shall be shown on the site plan through shading of such area or areas.

(2) Any party seeking land development and/or subdivision approval in what might be the SSC — Steep Slope Conservation District shall have the burden to present evidence to the reviewing body of the boundaries of the district in the area in question. This presentation must include applicable topographic data with respect to the property and any other pertinent documentation for consideration.

(3) Where the exact location of the boundaries of the district in relation to a given parcel is in question, the Township Engineer shall evaluate all material submitted by the applicant and any other pertinent information. He shall make a written report of the results of his determination, a copy of which shall be provided to the Board of Supervisors.

(4) Any party aggrieved by any such determination by the Township Engineer may appeal to the Zoning Hearing Board. The party contesting the location of the district boundary shall have the burden of proof in any such appeal proceeding.

D. Relationship to Other Parts and Ordinances. The provisions of the SSC — Steep Slope Conservation District create an overlay district which is applicable within all other zoning districts established by this Chapter. To the extent the provisions of this Section are applicable and are more restrictive, they shall supersede conflicting provisions in any other part of this Chapter and all other ordinances of Township. However, all other provisions of this Chapter and all other ordinances of Township shall remain in full force.

E. General Criteria within both Prohibitive and Precautionary Slopes.

(1) All grading shall be minimized, and no grading shall be undertaken within any area of the SSC — Steep Slope Conservation District except where approved in conjunction with a use permitted under the terms of this Section.

(2) Finished slopes of all cuts and fills shall be stabilized and shall not exceed a 33% slope, unless the applicant can demonstrate that steeper slopes can be stabilized and maintained adequately.

(3) The maximum limit of disturbance shall be as follows:

(a) Precautionary slope: 30%.

(b) Prohibitive slope: 0%, except where permitted under § 27-804, Subsection F(3).

F. Permitted Uses in Areas of Prohibitive Slope. The following are the only uses permitted by right in areas of prohibitive slope. Such uses also shall be in compliance with the base zoning district, and shall not involve the erection of buildings, construction of streets, installation of sewage disposal systems, or permanent removal of topsoil.

(1) Parks and outdoor recreational uses, consistent with the goals of watershed protection.

(2) Logging and woodcutting, where such activity is limited to highly selective removal of trees and is performed in accordance with a woodland management plan prepared by a professional forester and approved by the Board of Supervisors. Maximum precautions shall be taken to avoid destruction of or injury to understory brush and trees.

(3) Grading for the minimum portion of a driveway necessary to access a single-family dwelling when it can be demonstrated that no other routing which avoids slopes exceeding 25% is feasible.

(4) Yard areas of a building that is permitted under the terms of this Chapter.

G. Permitted Uses in Areas of Precautionary Slope. The following are the only uses permitted by right in areas of precautionary slope, provided they also are in compliance with the base zoning district and all other provisions of this Chapter:

(1) Any use permitted in an area of prohibitive slope.

(2) Tree farming, forestry, and other agricultural uses when conducted in conformance with conservation practices, including minimum tillage methods, approved by the Natural Resources Conservation Service or the Chester County Conservation District.

(3) Single-family detached dwelling, where permitted in the underlying district, provided that such dwellings are designed so that foundation walls are built into the slope without alteration of natural grade beyond the building footprint, or the use of other foundation systems that minimize the area of disturbance to natural grade.

(4) Sealed public water supply wells, where approved by all regulatory agencies.

(5) Sanitary or storm sewers, where approved by all regulatory agencies.

H. Application Procedures. Before a permit is issued for any construction or land disturbance activity on land within or affecting areas of the SSC — Steep Slope Conservation District, the following material, in full or in pertinent parts, shall be submitted for review by the Township:

(1) An engineered site plan of the property, indicating existing grades with contour lines of five-foot intervals and proposed grades within the area of the proposed construction. All areas of prohibitive and/or precautionary slope, as defined above, shall be shaded accordingly.

(2) Landscaping plan indicating proposed impervious surfaces, storm drainage facilities, retaining walls, and ground cover, as well as trees and ornamental shrub locations.

(3) Architectural plans, elevations, and sections.

(4) A statement, signed and sealed by a registered architect, landscape architect, or engineer, explaining the building methods to be used in overcoming foundation and other structural problems created by any slope conditions, how the natural slopes and watershed will be protected, the type of vegetation which will be installed in disturbed areas, and the method of getting construction and other materials to the site without damage to existing trees and other nearby vegetation.

(5) Location and slopes of sides of all proposed cuts and fills.

(6) Plan, profile, and typical cross-sections of any proposed driveway, with the seal of a registered professional engineer thereon.

(7) Plan for on-site sewage disposal facilities unless the Township or Municipal Authority determines that the property is within a public sanitary sewer service area.

(8) If a prohibitive slope area extends to the boundary of a proposed site, the slopes on adjacent properties for a distance of 200 feet in all directions from the boundaries of the site in question shall be additionally presented.

I. Existing Uses and/or Structures within the SSC — Slope Conservation District. Following the effective date of this Chapter, any use or structure situated within an area of prohibitive slope or precautionary slope that does not conform to the uses permitted in this Section shall become a nonconforming use or structure, regardless of its conformance to the terms of the district in which it is located. The expansion or continuance of said nonconforming use or structure shall be governed by the requirements of Part 11 of this Chapter. However, the Zoning Hearing Board shall also ensure that the standards contained in this Section are applied to the expansion or continuance of said nonconforming use or structure.

§ 27-805 Riparian Corridor Conservation District.

[Ord. No. 196-2018, 9/12/2018; as amended by Ord. No. 197-2019, 7/10/2019]

A. Findings of Fact.

(1) Riparian buffers, particularly forested buffers, prevent stream bank erosion; protect natural stream morphology (i.e., broad meanders with maximum stream bottom habitat); remove excess nitrogen, phosphorus and sediment from surface water run-off; reduce downstream flooding; provide thermal protection to adjoining streams, wetlands, and water bodies; provide food and habitat for wildlife; provide food and habitat for fish and amphibians; form corridors for habitat conservation and greenways; and protect associated wetlands.

(2) Forested riparian buffers in headwaters (first-order streams) generate high levels of organic inputs directly from land to water, which in turn maximize in-stream processing functions that provide the "fuel" needed for downstream energy and nutrient processing.

(3) The Township is committed to improving the water quality of its streams, creeks, rivers, and other water bodies and is required by the federal Environmental Protection Agency and the Pennsylvania Department of Environmental Protection to have a plan for improving water quality and to implement that plan in a timely manner.

B. Intended Purpose. It is the purpose of this Section to promote the public health, safety and general welfare and to minimize impacts to forested riparian resources. In furthering that purpose, the specific intent of this Section is:

(1) To conserve, protect, and restore natural riparian resources through scientifically supported processes.

(2) To maintain and improve surface water quality by reducing the entry of detrimental substances, including nutrients, sediment, organic matter, pesticides, and other harmful substances that reach watercourses, wetlands, and surface and subsurface water bodies.

(3) To reduce the entry of detrimental substances by restricting development and uses in riparian areas that intercept surface water runoff, wastewater, subsurface flow and deep groundwater flows from upland sources and where the processes of filtration, deposition, absorption, adsorption, plant uptake, sediment and phosphorus attenuation, denitrification and infiltration may occur; encouraging sheet flow and minimizing, mitigating and preventing concentrated flows of stormwater runoff across riparian areas, and securing increased channel and bank stabilization that avoids stream bank erosion and associated water quality, quantity and flow harms.

(4) To reduce adverse aquatic health impacts due to changes in the temperature of receiving waters (both temperature increases and temperature decreases) as a result of stormwater runoff, loss of vegetation shading and direct discharges to water bodies.

(5) To enhance in-stream processing of nutrients and pollutants such as pesticides and reduce the downstream movement of pollutants, including a reduction in flooding and reduction of soil loss.

(6) To improve and maintain the safety, reliability and adequacy of the water supply for domestic, agricultural, commercial, industrial and recreational uses along with sustaining diverse populations of aquatic flora and fauna.

(7) To provide wildlife habitat, protect native plant species, and provide opportunities for passive recreation and conserve scenic and recreation areas within and adjacent to riparian areas.

(8) To conserve headwater areas, groundwater recharge zones, floodway, floodplain, springs, seeps, streams, wetlands, woodlands, prime wildlife habitats and other features that provide recreational value or contain natural amenities, whether on developed or undeveloped land.

(9) To integrate with floodplain, steep slope, wetlands, and woodland protection ordinance provisions as well as other ordinance requirements contained herein that regulate environmentally sensitive areas to minimize hazards to life, property and the environment.

(10) To regulate the use, siting, engineering and maintenance of all development to be consistent with the purposes and intent of this Section and accepted conservation easement practices and to work with the carrying capacity of existing natural resources.

(11) To minimize the financial burden imposed on the community, its governmental bodies and individuals when having to mitigate the effects of increased soil run-off into creeks, streams, and rivers due to disturbance or loss of forested riparian resources in the Township.

C. Overlay Concept, Establishment, and Width Determination of the District.

(1) Overlay Concept. The provisions of the RCC — Riparian Corridor Conservation District create an overlay district which is applicable within all other zoning districts established by this Chapter. To the extent the provisions of this Section are applicable and more restrictive, they shall supersede conflicting provisions in any other Part of this Chapter and all other ordinances of the Township. However, all other provisions of this Chapter and all other ordinances of the Township shall remain in full force.

(2) Establishment.

Regulated Watercourses	Zone One Required	Zone Two Required	Measurement
Perennial streams (Soil Survey and USGS)	Yes	Yes	Measured from top of bank
Intermittent streams (Soil Survey)	Yes	Yes	Measured from center line
Bordered by alluvial soils	Yes	Yes	Measured from center line
Local alluvium in conjunction with alluvial soils	Yes	Yes	Measured from center line
Ponds >5,000 square feet	Yes	No	Measured from edge

(a) The RCC — Riparian Corridor Conservation District applies to the following watercourses and water bodies and the land adjacent to them:

[1] All naturally occurring watercourses that normally contain flowing water during all times of the year, including streams that may dry up during periods of extended drought. These shall include, but not be limited to:

[a] Perennial streams identified in the most recent Soil Survey of Chester County.

[b] Perennial streams identified on United States Geological Survey maps.

[2] All intermittent watercourses otherwise identified in the most recent Soil Survey of Chester County, County GIS database, FEMA mapping, identified on plans submitted by applicants or by the Township.

[3] All watercourses bordered by the following alluvial soils, and/or local alluvium soils, as mapped in the most recent U.S. NRCS Soil Survey for Chester County, provided the local alluvium soil is connected to one of the following alluvial soils: Ba/BaB/BbB-Baile silt loam, CpA/CpB/CqB- Cokesbury silt loam, Ha-Hatboro silt loam, Th-Thorndale silt loam, ToA/ToB/TxB-Towhee silt loam, WaA-Watchung silt loam.

[4] Ponds greater than 5,000 square feet in area.

[5] In the case where a dispute is based upon soils classification, the initial determination may be overruled upon the submission of a report prepared by a soil scientist or other individual with appropriate expertise on behalf of the application which demonstrates that the soils are not any of those listed above in Subsection C(2)(a)[3].

(b) The district will consist of two distinct zones designated as:

[1] Zone One. This zone is a margin of land with a minimum width of 25 feet measured horizontally on a line perpendicular to the top of bank or center line of the watercourse, as appropriate, and/or the edge of the wetland or pond.

[a] Where slopes in excess of 25% are located within 25 feet of a watercourse, Zone One shall extend the entire distance of this sloped area or 75 feet, whichever is less.

[b] Where the width of Zone One has been adjusted to a width of less than 75 feet, the width of Zone Two will be adjusted so that the total corridor width (Zone One and Zone Two) shall be a maximum of 75 feet.

[2] Zone Two. This zone begins at the outer edge of Zone One and shall occupy a minimum width of 50 feet in addition to Zone One. Where Zone One has been adjusted to a width greater than 25 feet, the width of Zone Two shall be adjusted such that the total corridor width (Zone One and Zone Two) shall be a maximum of 75 feet.

[a] Where the FEMA-regulated floodplain, as defined in § 8-104.1.A(1) of this Code, extends greater than 75 feet from the waterway, Zone One shall remain a minimum of 25 feet wide, and Zone Two shall extend from the outer edge of Zone One to the outer edge of such floodplain.

(c) The width and applicable regulations of the RCC — Riparian Corridor Conservation District shall be as follows, consistent with the standards for Zone One and Zone Two.

[1] For watercourses identified in Subsection C(2)(a)[1], [2] and [3], herein, both Zone One and Zone Two shall apply.

[2] For ponds identified in Subsection C(2)(a)[4], herein, only Zone One shall apply.

(d) The measurement of the RCC — Riparian Corridor Conservation District shall be as follows:

[1] For watercourses identified in Subsection C(2)(a)[1]: A minimum of 75 feet from each defined edge of the watercourse at bank full flow, or the area contained within the FEMA-regulated floodplain, whichever is greater.

[2] For watercourses identified in Subsection C(2)(a)[2] and [3]: A minimum of 75 feet from the center line of the watercourse, or the area contained within the FEMA-regulated floodplain, whichever is greater.

[3] For ponds identified in Subsection C(2)(a)[4]: A minimum of 25 feet from the edge of the pond.

(e) A Riparian Corridor Map, depicting the approximate locations of the Riparian Corridor Conservation District is attached hereto as Appendix D. The purpose of this information is for general information purposes, and the calculation methodologies contained in this Section shall supersede such map in determining the exact location of the district.

D. Uses Permitted in the RCC — Riparian Corridor Conservation District. The following uses are permitted either by right or as a conditional use in the RCC — Riparian Corridor Conservation District.

(1) Zone One.

(a) Uses Permitted by Right. Open space uses that are primarily passive in character shall be permitted to extend into the area defined as Zone One, including:

[1] Wildlife sanctuaries, nature preserves, forest preserves, fishing areas, passive areas of public and private parklands, and reforestation.

[2] Streambank stabilization.

[3] Driveways, common driveways and subsurface utility crossings serving not more than five single-family or two-family dwelling units, provided the requirements of Subsection I, herein, are satisfied.

[4] Agricultural uses existing at the time of adoption of this Chapter, so long as they are conducted in compliance with methods prescribed in the Department of Environmental Protection's Erosion and Sediment Pollution Control Program Manual, 1990, as amended.

[5] Corridor crossings by farm vehicles and livestock.

[6] Corridor crossings by recreational trails, roads, railroads, centralized sanitary sewer and/or water lines, and public utility transmission lines, when in compliance with the applicable requirements of the Pennsylvania Department of Environmental Protection and/or the Chester County Conservation District, and provided that disturbance is offset by identified corridor improvements in accordance with Subsection I.

[7] Driveways and subsurface utility crossings for more than one commercial/industrial lot, provided the applicant receives a grant of special exception as required under § 27-802, Subsection F, and provided the requirements of Subsection I, herein, are satisfied.

[8] Driveways and subsurface utility crossings for not more than one commercial/industrial lot, provided the requirements of Subsection I, herein, are satisfied.

(b) Uses Permitted by Conditional Use.

[1] Sustained yield harvesting of trees when removal is consistent with a woodland management plan prepared by a professional forester, in compliance with § 27-1029 and approved by the Board following review by the Township Engineer. Any landowner requesting to sustainably harvest timber within Zone One shall be enrolled in the Bureau of Forestry's Forest Stewardship Program and have a letter approving such a harvest from the Bureau's District Forester prior to the Township issuing such approval.

(2) Zone Two.

(a) Uses Permitted By Right. The following uses, which are primarily passive in character, shall be permitted by right to extend into the area defined as Zone Two:

[1] Open space uses including wildlife sanctuaries, nature preserves, forest preserves, passive areas of public and private parklands, and recreational trails conducted in compliance with methods prescribed in the Department of Environmental Protection's Erosion and Sediment Pollution Control Program Manual, 1990, as amended.

[2] Reforestation when done in compliance with a woodland management plan prepared by a professional forester and approved by the Board following review by the Township Engineer.

[3] No more than 1/2 the depth of any minimum required front, side, and/or rear yards on private lots. The result of this requirement is that 1/2 of the minimum required yard depth shall act as a setback from the Zone Two boundary, and the other half may extend into Zone Two to complete the minimum required yard area. However, the portion of the setback within Zone Two shall be subject to the regulations of Zone Two.

[4] Agricultural uses existing at the time of adoption of this Chapter, so long as they are conducted in compliance with methods prescribed in the Department of Environmental Protection's Erosion and Sediment Pollution Control Program Manual, 1990, as amended.

[5] Driveways, common driveways and subsurface utility crossings serving not more than five single-family or two-family dwelling units, provided the requirements of Subsection I, herein, are satisfied.

[6] Corridor crossings by farm vehicles and livestock.

[7] Corridor crossings by recreational trails, roads, railroads, centralized sanitary sewer and/or water lines, and public utility transmission lines, when in compliance with the applicable requirements of the Pennsylvania Department of Environmental Protection and/or the Chester County Conservation District, and provided that disturbance is offset by identified corridor improvements in accordance with Subsection I.

[8] Driveways and subsurface utility crossings for more than one commercial/industrial lot, provided the applicant receives a grant of special exception as required under § 27-802, Subsection F, and provided the requirements of Subsection I, herein, are satisfied.

[9] Driveways and subsurface utility crossings for not more than one commercial/industrial lot, provided the requirements of Subsection I, herein, are satisfied.

[10] Naturalized stormwater basins, provided the basin is located a minimum of 25 feet from the defined edge of identified watercourses, and such basin is landscaped consistent with the requirements of § 22-629.

[11] Forestry activities, including timber harvesting, provided it is conducted in accordance with the provisions of this Zoning Ordinance, specifically § 27-1029.

(b) Uses Permitted by Conditional Use.

[1] New agricultural uses in compliance with methods prescribed in the Department of Environmental Protection's Erosion and Sediment Pollution Control Program Manual, 1990, as amended. Any timber harvesting required to establish such use must comply with § 27-1029.

[2] Sustained yield harvesting of trees when removal is consistent with a woodland management plan prepared by a professional forester, in compliance with § 27-1029 and approved by the Board following review by the Township Engineer.

[3] Passive use areas such as camps, camp grounds, picnic areas, and golf courses.

[4] Active recreation areas such as ball fields, playgrounds, and courts provided these uses are designed in a manner that will not permit concentrated flow.

E. Uses Specifically Prohibited in the RCC — Riparian Corridor Conservation District. Any use or activity not authorized within Subsection D, herein, shall be prohibited within the RCC — Riparian Corridor Conservation District and the following activities and facilities are specifically prohibited:

(1) Storage of any hazardous or noxious materials.

(2) Use of fertilizers, pesticides, herbicides, and/or other chemicals in excess of prescribed industry standards or the recommendations of the Chester County Conservation District.

(3) Motor or wheeled vehicle traffic in any area not designed to accommodate adequately the type and volume.

(4) Parking lots.

(5) Any type of permanent structure, except structures needed for a use permitted in Subsection D, herein.

(6) Subsurface sewage disposal areas.

(7) Sod farming.

F. Nonconforming Structures and Uses. Nonconforming structures and uses of land within the RCC — Riparian Corridor Conservation District shall be regulated in accordance with the following provisions:

(1) Existing nonconforming uses or structures within Zones One and/or Two that are not permitted under § 27-805, Subsection D, of this Part may be continued but shall not have the existing building footprint or uses expanded or enlarged within or into Zone One or Two.

(2) In all other respects, existing nonconforming uses and structures shall comply with the requirements of § 27-802, Subsection I, of this Part.

G. Boundary Interpretation and Appeals Procedure.

(1) When an applicant disputes the Zone One and/or Two boundaries of the RCC — Riparian Corridor Conservation District or the defined edge of a watercourse or surface water body, the applicant shall submit evidence to the Township that shows the applicant's proposed boundary, and provides justification for the proposed boundary change.

(2) The Township Engineer and/or other advisors selected by the Board of Supervisors shall evaluate all material submitted and provide a written determination within 45 days to the Board of Supervisors, Township Planning Commission, and landowner or applicant.

(3) Any party aggrieved by any such determination or other decision or determination under this Section may appeal to the Zoning Hearing Board under the provisions of Part 14 of this Chapter. The party contesting the location of the district boundary shall have the burden of proof in case of any such appeal.

H. Inspection and Application of RCC — Riparian Corridor Conservation District.

(1) Lands within or adjacent to the RCC — Riparian Corridor Conservation District will be inspected by the Zoning Officer when:

(a) A subdivision or land development plan is submitted.

(b) A change or resumption of a nonconforming use is proposed.

(2) The district may also be inspected periodically by the Zoning Officer and/or other representatives designated by the Board of Supervisors for compliance with an approved restoration plan, excessive or potentially problematic erosion, hazardous trees, or at any time when the presence of an unauthorized activity or structure is brought to the attention of Township officials.

I. Management of the RCC — Riparian Corridor Conservation District.

(1) Corridor Management Plan. A corridor management plan shall be developed when required by the Township Subdivision and Land Development Ordinance, Chapter 22, consistent with the requirements therein.

(2) Mitigation Measures. Uses permitted in Subsection D that involve disturbance of vegetation within the Riparian Corridor shall be mitigated by one of the following measures:

(a) Increasing the Width of the Corridor. The width of the Riparian Corridor, measured from the defined edge of the water body, is increased so that the average width of the corridor's full length is equal to that required by Subsection C(2)(c).

(b) Increasing the Effectiveness of the Corridor. In existing degraded wooded areas or proposed new wooded areas, an area equal to twice the area of disturbance shall be planted with three distinct layers of vegetation: (a) canopy trees, such as oak, hickory, maple, gum, beech, sycamore, spruce, hemlock, pine, and fir, (b) shrubs that provide an understory, such as elderberry, viburnum, azalea, rhododendron, holly, laurel, and alders, and (c) herbaceous plants that serve as ground cover, including ferns, sorrel, trillium, violet, Virginia creeper, nettle, phlox, aster, and worts. All three layers shall be planted at a density sufficient to create a fully functioning, naturalized riparian corridor.

(c) Converting to a More Effective Landscape. An area equal to three times the area of disturbance is converted to a more effective landscape. The following landscapes are listed in order of effectiveness, from most effective to least effective: woodland, meadow, shrub, old field, lawn, and pasture.

J. Corridor Crossing Standards.

(1) The width of any right-of-way shall not be greater than the minimum right-of-way width required by the Honey Brook Township Subdivision and Land Development Ordinance, Chapter 22.

(2) Crossings shall be designed to cross the riparian corridor at direct right angles to the greatest extent possible in order to minimize disturbance of the corridor.

(3) Corridor crossings shall be separated by a minimum of 1,000 feet of buffer length to the greatest extent possible.

(4) Bridges shall be used in place of culverts when crossings would require a seventy-two-inch or greater diameter pipe. When culverts are installed they shall consist of slab, arch or box culverts and not corrugated metal pipe. Culverts shall also be designed to retain the natural channel bottom to ensure the passage of water during low flow or dry weather periods.

§ 27-806 Wetlands Conservation Regulations.

[Ord. No. 196-2018, 9/12/2018]

A. Findings of Fact.

(1) Wetlands are transition zones where the flow of water, the cycling of nutrients, and the energy of the sun meet to produce a unique ecosystem characterized by hydrology, soils, and vegetation. A wetland may not be wet year-round, in fact, some of the most important are only seasonally wet.

(2) Wetlands provide unique and increasingly rare habitat for plants and animals. Wetlands help to absorb and slow floodwaters, and absorb excess nutrients, sediment, and other pollutants before they reach rivers, lakes, and other waterbodies.

(3) Wetlands have environmental and education value for all Township residents and visitors.

B. Intended Purpose. It is the purpose of this Section to promote the general health, safety and welfare, and to minimize the loss of wetlands within the Township for the value they bring to the Township, as described above in the findings of fact. In furthering that purpose, the specific intent of this Section is:

(1) To protect wetlands in the Township from disturbance, environmental contamination, or loss.

(2) To require applicants to accurately delineate wetlands, and to inform the Township of the existence of wetlands on a site proposed for future development.

(3) To inform property owners and developers of possible permit and approval requirements of the U.S. Army Corps of Engineers and/or the Pennsylvania Department of Environmental Protection when wetlands are present, and to inform the Township, for coordination purposes, of such permitting and approval processes.

(4) To integrate with floodplain, steeply sloped areas, forested riparian buffers, and woodland protection ordinance provisions as well as other ordinance requirements contained herein that regulate environmentally sensitive areas to minimize hazards to life and property.

(5) To minimize the financial burden imposed on the community, its governmental bodies and individuals when having to mitigate the effects of increased soil run-off into creeks, streams, and rivers due to disturbance or loss of wetlands in the Township.

C. Compliance. Wetlands shall not be regraded, filled, piped, diverted, channeled, built upon, or otherwise altered, including for purposes of access or utility crossings, unless all applicable permits have been obtained from the required governmental entity, and copy thereof submitted to the Township.

D. Any applicant proposing a use, activity, or improvement which would entail the regrading or placement of fill in wetlands shall provide the Township with proof that the Pennsylvania Department of Environmental Protection (Bureau of Dams and Waterway Safety and Bureau of Water Quality Management) and the U.S. Army Corps of Engineers have been contacted to determine the applicability (jurisdiction) of state and federal wetland regulations. Any applicant contacted by the Pennsylvania Department of Environmental Protection or the U.S. Army Corps of Engineers in regard to wetlands also shall concurrently provide to the Township a copy of such correspondence. Where any applicant alleges that a jurisdictional determination is not required or fails to seek such determination, the Township may nevertheless require the submission of a graphic and narrative wetlands delineation report, consistent with the submission requirements otherwise necessary for submission to federal and state agencies for jurisdictional determination.

E. Where permitted subject to applicable regulation and as otherwise provided herein, sewers or other liquid transport pipelines shall only be permitted to cross wetlands on the minimum traversal distance and where every precaution shall be taken to prevent leaks and to prevent any possible draining of the wetland (e.g., water flowing through or along any pipe or trench). At the expense of the applicant, the Township may require periodic inspection of applicable systems and facilities, including but not limited to x-ray of steel welds and pressure testing of pipelines.

F. Wetlands shall be staked in the field as part of any subdivision and/or land development process and prior to any construction upon the subject property.

G. Where a jurisdictional determination or full wetland delineation report is required to comply with state or federal regulations, the applicant shall provide the Township with a full wetland delineation report conducted by a qualified wetland biologist, soil scientist, or environmental professional of demonstrated qualifications, and subject to the following additional requirements/certifications:

(1) The Township may hire a qualified consultant to review the delineation and recommend revisions at the applicant's expense;

(2) The applicant's hired professional generating the delineation report shall certify that the methods used correctly reflect the currently accepted technical concepts, including identification and analysis of wetland vegetation, hydric soils, and hydrologic indicators. Methods used in the delineation report shall be acceptable to the Township Engineer or other qualified consultant hired by the Township; and

(3) The wetland report submitted to the Township shall include a determination of whether wetlands are present on the site and a full delineation, area measurement (in square feet), and description of any wetlands determined to be present.

H. Wetland Margin. Consistent with the delineation requirements in Subsection G above, a wetland margin a minimum of 10 feet in width extending from the edge of the wetland boundary shall be required. Such margin shall be drawn on any subdivision or land development plan where required under Chapter 22.

[Amended by Ord. No. 197-2019, 7/10/2019]

(1) No portion of the wetland margin shall be regraded, filled, built upon or otherwise altered or disturbed, except:

(a) Regulated activities permitted by the commonwealth (e.g., permitted stream or wetland crossing).

(b) Selective removal of hazardous or invasive vegetative species.

(c) A soil or water conservation project approved by the Chester County Conservation District.

§ 27-807 Woodland Conservation Regulations.

[Ord. No. 196-2018, 9/12/2018]

A. Findings of Fact.

(1) Woodlands provide a host of environmental services in the Township, including, but not limited to, stormwater management, wildlife habitat, absorption of carbon and production of oxygen, soil retention, and slope stabilization.

(2) Woodlands are a natural resource recommended for protection by the Honey Brook Township and Borough Multi-Municipal Comprehensive Plan.

B. Statement of Intent. It is the purpose of this Section to promote the public health, safety and welfare and to minimize disturbance or significant loss of woodlands in the Township. In furthering that purpose, the specific intent of this Section is:

(1) To regulate or prevent the disturbance or significant loss of woodlands in the Township as a result of land development activity.

(2) To provide standards for the disturbance of woodlands, and for the replacement of woodlands, when their loss is unavoidable.

(3) To integrate with floodplain, steeply sloped areas, wetlands, forested riparian buffers, and other ordinance requirements contained herein that regulate environmentally sensitive areas to minimize hazards to life, property, and woodlands.

(4) To minimize the financial burden imposed on the community, its governmental bodies and individuals when having to mitigate the effects of increased soil run-off into creeks, streams, and rivers due to clearing or disturbance of woodlands in the Township.

C. Applicability and Disturbance Limitations for Woodlands.

(1) The provisions of this Section shall not be held applicable to forestry (timber harvesting) activities as defined and provided for in § 27-1029 of this Zoning Ordinance. Activities which fall under the definition of "forestry," including timber harvesting, are exempt from the provisions of this Section; however, are subject to the other applicable sections of this Zoning Ordinance.

(2) Clearcutting of any woodland area shall be prohibited except to the minimum extent necessary to permit the implementation of an approved land development or building permit.

(3) All woodland disturbance shall be subject to the following disturbance limitations beyond which woodland replacement shall be required:

(a) Permitted woodland disturbance on any lot or tract shall not exceed 5% of any area designated Class I Woodland on the Biological Resources Map (Appendix I of the Comprehensive Plan), where such woodland is coextensive with any area of prohibitive slope.

(b) Except where Subsection C(3)(a) applies, permitted woodland disturbance on any lot or tract shall not exceed 15% of any area designated Class I or Class II Woodland on the Biological Resources Map (Appendix I of the Comprehensive Plan), nor any woodland within a designated greenway corridor, as shown on the Biological Resources Map of the Comprehensive Plan.

(c) Outside of areas designated as greenway corridors, permitted woodland disturbance on any lot or tract shall not exceed 25% of any Class III Woodland.

(d) Permitted woodland disturbance on any lot or tract shall not exceed 10% of any area designated as Forest Interior Habitat on the Biological Resources Map.

(e) Disturbance limitations shall be measured based on the extent of the woodland at the time of first submission of applicable application(s) after the adoption of this Section, and shall be indicated on applicable plan(s). The extent of any area of woodland disturbance shall be measured to include the entire area within the dripline of any tree where any part of the area within the dripline of said tree is subject to woodland disturbance. Any disturbance limitation shall run with the land, once established. Subsequent applications shall be subject to the initial determination of disturbance limitations, regardless of intervening disturbance which may have occurred. If, at any time within three years prior to an applicable application, there had existed a greater extent of woodland, such greater area shall be utilized to calculate the extent of woodland disturbance and the limitations set forth herein.

(4) In determining where necessary woodland disturbance shall occur in the context of any subdivision, land development, building permit or zoning permit application, the applicant shall consider the following:

(a) The location(s) and benefit of conservation of healthy mature woodland stands.

(b) The impacts, in terms of functions and values to wildlife, of separating, dividing and/or encroaching on wildlife travel corridors and/or extensive habitat areas. Such impacts must be explicitly assessed in any area designated as one or more of the following:

[1] Forest interior habitat.

[2] Forested riparian buffers.

[3] Rare species site(s).

[4] Exceptional natural areas.

(5) In areas of permitted woodland disturbance and areas adjacent to permitted woodland disturbance, remaining trees shall be protected from damage. The following procedures shall be utilized during construction in order to protect remaining trees:

(a) Where existing trees are to remain, no change in existing grade shall be permitted within the dripline of the trees. Appropriate fencing four feet in height shall be placed at the dripline of trees to remain, wherever adjacent to proposed construction. Such fencing shall be maintained in place throughout the duration of construction activity. Roots shall not be cut within the dripline of any trees to remain.

(b) Trees within 25 feet of a building, or bordering entrances or exits to building sites, shall be protected by a temporary barrier to be maintained in place throughout the duration of construction activity.

(c) No boards or other material shall be nailed or otherwise attached to trees during construction.

(d) Construction materials, equipment, soil and/or debris shall not be stored nor disposed of within the driplines of trees to remain.

(e) Tree trunks, limbs and exposed roots damaged during construction shall be protected from further damage by being treated immediately in accordance with accepted professional landscape procedures.

D. Woodland Replacement.

(1) Where woodland disturbance is permitted in excess of the limitations established in Subsection C(3)(a) through (d) above, replacement plantings shall be installed in accordance with the standards set forth below. A sample list of acceptable replacement plantings is found in Appendix E, Honey Brook Township List of Approved Plants of this Code.

(2) Required Replacement Tree Calculation Based on Area of Woodland Disturbance. At a minimum, for each 500 square feet of woodland disturbance area, or fraction thereof, in excess of the applicable standard set forth in Subsection C(3)(a) through (d) above, and regardless of the character and sizes of the disturbed vegetation, one tree at least two to 2 1/2 inch caliper shall be planted.

(3) Replacement Tree Calculation Based on Specific Tree Removal. Regardless of any disturbance allowances, for each tree greater than 12 inches dbh to be removed, required replacement trees also shall be calculated in accordance with the following schedule. For purposes of this Section, it shall be assumed that any tree greater than 12 inches dbh shall be removed if located within 25 feet of any proposed land disturbance.

For Each Tree to Be Removed (inches dbh)	Minimum Number and Caliper of Replacement Trees (inches)
One, 12 to 18	Two, 2 to 2 1/2
One, 18 to 24	Three, 2 to 2 1/2
One, 24 to 36	Four, 2 to 2 1/2
One, greater than 36	Six, 2 to 2 1/2

(4) Required Replacement Shrubs. At a minimum, for each 100 square feet of woodland disturbance area, or fraction thereof, in excess of the applicable standard set forth in Subsection C(3)(a) through (d) above and regardless of the character and sizes of the disturbed vegetation, one shrub at least 24 to 30 inches in height shall be planted in addition to any required tree replacement. Shrubs planted in accordance with this requirement may be of restoration quality and not necessarily landscape quality.

(5) Required replacement plantings shall be in addition to any required street trees or any other landscape material required under the provisions of this Chapter or the Township's Subdivision and Land Development Ordinance.

(6) Where approved by the Township as a condition of any building, zoning, subdivision or land development approval, or as a condition of grant of modification under § 27-808 required replacement trees may be substituted for greater numbers of trees of smaller caliper than otherwise required, or by vegetation other than trees (e.g., for purposes of reforestation).

(7) Where approved by the Township as a condition of any building, zoning, subdivision or land development approval, or as a condition of grant of modification under § 27-808, some or all of the required replacement plantings may be installed at a site other than that subject to required replacement planting.

(8) In lieu of actual installation of replacement plantings, the Township may permit any applicant to place the equivalent cash value, as agreed upon by the Township and the applicant, for some or all of the required replacement plantings into a special fund established for that purpose. Such fund shall be utilized at the discretion of the Township for the purchase and installation of plantings elsewhere in the Township. Installation of such plantings on private lands shall be dependent upon the establishment of conservation easement(s) or other restriction(s) acceptable to the Township that will reasonably guarantee the permanent protection of such plantings. Where the provisions of this Section are otherwise applicable, any grant of approval of modifications requested pursuant to § 27-808 also may be conditioned upon the placement of equivalent cash value for otherwise required replacement plantings into such a fund.

(9) The locations, selected species and sizes of all replacement plantings, along with a planting schedule tied to the timing and/or phasing of the development, shall be indicated on the final subdivision/land development plan(s) or building or zoning permit application, as applicable.

(10) Required replacement vegetation and their measurement shall conform to the standards of the publications American or U.S.A. Standard for Nursery Stock, ANSI or U.S.A.S. Z60.1 of the American Association of Nurserymen, as amended. All plant material used on the site shall have been grown so as to have a high likelihood of survival on the site (e.g., grown specifically for planting in the applicable USDA hardiness zone) and shall be nursery grown, unless it is determined by the Township that the transplanting of trees partially fulfills the requirements of this Section.

(11) Species of replacement plantings selected and planting locations shall reflect careful site evaluation and, in particular, the following considerations:

(a) Existing and proposed site conditions and their suitability for the plant materials, based upon the site's geology, hydrology, soils and microclimate.

(b) Specific functional and design objectives of the plantings, which may include, but not necessarily be limited to, replacement of woodland area removed, enhancement of existing woodland or old field area(s), reforestation of impacted riparian buffer areas, mitigation of new woodland edge conditions as a result of land disturbance, provision for landscape buffer, visual screening, noise abatement, energy conservation, wildlife habitats and aesthetic values.

(c) Maintenance considerations, such as hardiness, resistance to insects and disease, longevity and availability.

(d) Because of the many benefits of native plants (ease of maintenance, longevity, wildlife habitat, etc.), the use of nursery-grown free-fruiting native trees and shrubs is strongly encouraged. Species selection should reflect species diversity characteristic of the native deciduous woodland.

(12) All replacement plantings shall be guaranteed and maintained in a healthy and/or sound condition for at least 18 months, or shall be replaced. In addition, the applicant may be required to escrow sufficient additional funds for the maintenance and/or replacement of the proposed vegetation during the eighteen-month replacement period, and to provide for the removal and replacement of vegetation damaged during construction, based upon the recommendation of the Township Engineer.

(13) All applicants shall include, as part of preliminary and final plan submission, where applicable, a plan for the long-term management of any woodland area not subject to woodland disturbance and any area selected for introduction of replacement plantings in accordance with this Section. Such a plan shall include a statement of woodland management objectives and shall demonstrate to the satisfaction of the Board of Supervisors the feasibility of intended management practices, aiming to ensure the success of stated objectives, including the viability of introduced plantings, deterrence of invasive vegetation, and means to minimize any future woodland disturbance. Applicants are strongly encouraged to seek woodland management assistance from a qualified professional.

§ 27-808 Modifications.

[Ord. No. 196-2018, 9/12/2018]

A. For any use or activity subject to subdivision or land development review, as part of applicable plan submission, modification(s) may be requested to the provisions of §§ 27-804, 27-805, and 27-807 of this Part. Requested modification(s) may be granted at the discretion of the Board of Supervisors pursuant to the provisions of the Subdivision and Land Development Ordinance.

B. For any use or activity not subject to subdivision or land development review, but subject to application for approval of a conditional use, special exception, or zoning variance under the provisions of this Chapter, the applicant may request modification(s) to the provisions of §§ 27-804, 27-805, and 27-807 of this Part.

C. For any use or activity not falling within the scope of Subsections A or B, the applicant may request modification(s) to the provisions of §§ 27-804, 27-805, and 27-807 of this Part in the form of an application for grant of a special exception by the Zoning Hearing Board.

D. Applicants shall provide appropriate documentation in support of their modification request, and the Board of Supervisors or Zoning Hearing Board (as applicable) may request additional documentation of an applicant, or of its municipal consultants, to help reach its decision.

E. In consideration of approval of any applicant request for modification(s) under this Article, the following standards shall serve as the basis for a decision:

(1) That there are unique physical circumstances or conditions, including but not limited to irregularity, narrowness, or shallowness of lot size or shape, excessive frontage along a water body, presence of existing buildings or structures, or exceptional topographical or other physical conditions peculiar to the particular property. That because of such physical circumstances or conditions, it is impracticable for the property to be developed in strict conformity with the natural resources protection requirements of this Part and that the approval of the modification is therefore necessary to enable the reasonable use of the property under base zoning provisions.

(2) That the modification, if approved, will result in:

(a) The minimum disturbance of the steeply sloped area, pursuant to the purposes set forth in § 27-804A, as needed to provide for the lawful intended use; or

(b) The minimum reduction in performance of the riparian forest buffer, pursuant to the findings of fact set forth in § 27-805A, as needed to provide for the lawful intended use; or

(c) The minimum reduction in performance of the woodland, pursuant to the findings of fact set forth in § 27-807A, as needed to provide for the lawful intended use.

F. No alteration of the use regulations set forth in § 27-805D shall be authorized as modification pursuant to this § 27-808. Any such requested alteration shall constitute an application for a variance, meeting all applicable requirements for same, to be submitted to the Zoning Hearing Board.