The following natural resource protection standards are established to protect the public health, safety and welfare by minimizing adverse environmental impacts and are specifically authorized by Section 604 of the Municipalities Planning Code. These standards are intended to meet the following purposes:
A. 
Promote and implement Sections 603(b)(1), 603(b)(5), 603(c)(7), 603(g)(2), and 604(1) of Act 247 the Pennsylvania Municipalities Planning Code (MPC), as amended, providing for the protection and preservation of environmentally sensitive areas and natural resources through zoning ordinances.
B. 
Delineate selected natural resources within the Borough and establish resource protection standards to assist the Borough in reducing the impact proposed uses will have on the environment.
C. 
To reduce erosion and sedimentation of surface water bodies through the protection of natural resources, including but not limited to floodplains, wetlands, steep slopes, riparian buffers, and woodlands.
A. 
For the purposes of this chapter, §§ 290-1004 through 290-1006 within this article shall be overlays to the underlying districts shown on the Elverson Borough Zoning Map. In those areas of the Borough where a section of this article applies, the provisions of the section shall be imposed in addition to the requirements of the underlying zoning district(s). In the event that a conflict exists between a section of this article and the underlying district(s), the more restrictive provision shall apply.
B. 
In the event that two or more natural resources identified in this article overlap, the resources with the most restrictive standard (the least amount of permitted alteration, regrading, clearing or building, etc.) shall apply to the area of overlap.
C. 
It shall be a violation of this section to regrade, fill, pipe, divert, channel, build upon, or otherwise alter or disturb a natural resource identified and protected by this article prior to the submission, review and approval of applications for zoning or building permits, conditional use or special exception approvals, variances, or submission of plans for subdivision or land development.
(1) 
Where disturbance of a natural resource is permitted, it shall not take place until it has been determined that such disturbance is consistent with the provisions of this article and other applicable Borough ordinance provisions or federal or state regulations.
(2) 
Restrictions to the disturbance of resources shall apply before, during and after construction on a site.
D. 
Should the boundaries or delineations of any section of this article be revised as a result of legislative or administrative actions or judicial decision, the zoning requirements of the underlying zoning district and other applicable section of this article shall continue to apply.
E. 
Plan information required by § 290-1003 shall be verified as correct by a qualified professional as determined by the Borough.
F. 
Liability. This article shall not create liability on the part of the Borough or any officer or employee thereof for any damages that result from negligence of this article or any administrative decision lawfully made thereunder.
G. 
All new development shall comply with Chapter 225, Stormwater Management, of the Code of the Borough of Elverson.
In order to meet the natural resource protection standards of this article, the following information shall be submitted by the applicant. Where a subdivision or land development review is required, such information shall be included with the application for such review in accordance with Chapter 240, Subdivision and Land Development.
A. 
A site plan which clearly delineates the limits of all natural resources on the site as outlined in this article, including areas of floodplain, steep slopes, wetlands, hydric soils, and woodlands, and the proposed use of the site, including any existing or proposed structures. This site plan shall include the site's watershed and the water quality designation of the watershed in which the property in question is located.
B. 
The limits of all encroachments and disturbances necessary to establish the proposed use on the site, including a grading plan showing existing and proposed contours at two-foot intervals.
C. 
The identification of the minimum buildable area(s). The purpose is to ensure that sufficient area is provided for the general location of buildings, driveways and other improvement while meeting the requirements of the natural resource protection standards.
D. 
Calculations indicating the area of the site with natural resources and the area of natural resources that would be disturbed or encroached upon. The calculations shall be shown on the site plan as indicated in Figure 10-1. The figures in Column D (Proposed Disturbance) shall be less than or equal to the corresponding figures in Column C (Maximum Amount of Permitted Disturbance) for each protected resource.
Figure 10-1: Application of Natural Resource Protection Standards
Protected Resource
Column A. Amount of Land in Protected Resource*
(square feet)
Column B. Maximum Disturbance Allowance**
(percent)
Column C. Maximum Amount of Permitted Disturbance
(square feet)
Column D. Proposed Disturbance of Resource
(square feet)
Steep slopes (>25%)
30%
Wetlands
0%
Woodlands
SLDO § 240-624
Floodplain
Ch. 140, Floodplain Ordinance
Riparian buffers
Ch. 225, Stormwater Ordinance
Total:
*
See § 290-1002B and D herein.
**
Disturbance allowances may be modified where federal or state permits have been obtained by the applicant and provided to the Borough.
A. 
Purpose. The purpose of this section is to promote the health, safety and general welfare and to minimize negative environmental impacts by:
(1) 
Conserving and protecting steep slopes from inappropriate development.
(2) 
Protecting watersheds and limiting increases in stormwater runoff.
(3) 
Regulating development in order to limit erosion and reduce the potential for increased runoff and downstream flood hazards.
(4) 
Protecting the natural vegetative cover on steep slopes, thereby reducing runoff and flooding potential.
(5) 
Protecting the quality of streams which would be threatened by indiscriminate grading and development on steep slopes.
B. 
Identification and delineation of steep slopes.
(1) 
The identification of possible steep slopes shall be those areas indicated on Figure 6-6 of the Borough Comprehensive Plan. Indication or exclusion of such areas in the Comprehensive Plan does not remove an applicant from the burden of identifying steep slopes as required herein.
(2) 
Steep slopes shall be defined and regulated as anywhere on a lot or tract where slopes are greater than 25%.
(3) 
Slope shall be measured as the change in elevation over the horizontal distance between consecutive contour lines. For purposes of this section, slope shall be measured over three or more two-foot contour intervals (six cumulative vertical feet of elevation). All slope measurements shall be determined by a topographic survey signed and sealed by a registered surveyor licensed to practice in the Commonwealth of Pennsylvania, except where exempt as per § 290-1004B(4) below.
(4) 
Man-made steep slopes and areas of steep slope that are less than 1,000 square feet shall be exempt from these standards.
(5) 
Where site analysis in accordance with Chapter 240, Subdivision and Land Development, is not required and topographic data is otherwise not available, areas mapped on Map 6-B in the Borough Comprehensive Plan shall be considered steep slope areas, except where applicant has demonstrated otherwise to the satisfaction of the Borough.
C. 
Application procedures. Before a permit is issued for any construction or earth disturbance activity on land within or affecting steep slope areas, a site plan prepared by a registered engineer containing the following material, in full or in pertinent parts, shall be submitted for review by the Borough Engineer:
(1) 
An earthmoving plan of the property which indicates existing and proposed grades, with contour lines at a maximum of two-foot intervals, including but not limited to the area of any proposed activity, disturbance or construction.
(2) 
A site plan indicating slopes within the site greater than 25% shall be mapped and displayed for existing and proposed conditions. All steep slope areas shall be shaded.
(3) 
A site plan indicating existing and proposed structures, paved areas and other impervious surfaces, easements, sewage facilities, water supply facilities, storm drainage facilities, and retaining walls. The site plan also shall locate and identify existing vegetation and ground cover within steep slope areas, as well as proposed ground cover, vegetation or landscape material(s) to be installed.
(4) 
Architectural plans, elevations, and sections.
(5) 
Plan, profile and typical cross sections of any proposed street, emergency access, or driveway, with the seal of a registered professional engineer thereon.
(6) 
The site plan shall be reviewed by the Engineer as the representative agent of the Borough to verify the delineation of slopes on the application and make a determination. Should a dispute concerning any identified steep slopes occur subsequent to the determination, the party contesting the location of the boundary shall have the burden of establishing that land does not lie within the area of steep slopes as delineated by § 290-1004B.
D. 
Standards for development or disturbance in steep slope areas. The following standards are applicable to all uses located wholly or partly within any steep slope areas in accordance with § 290-1004B:
(1) 
Steep slope areas shall be preserved in their natural state whenever possible. Where construction of roads, buildings, driveways or infrastructure cannot be avoided, disturbance shall be kept to the minimum necessary. For areas where slopes greater than 25% occur, the following requirements shall apply:
(a) 
The maximum impervious surface permitted on the total area of steep slopes shall be 15%.
(b) 
Maximum disturbance to the total area of steep slopes shall not exceed 30%.
(2) 
The proposed development, any impervious ground cover, and the resultant disturbance to the land and existing vegetative cover shall not cause runoff and/or related environmental problems off the site.
(3) 
Removal of or disturbance to existing vegetation on the site shall be minimized. The proposed impacts on existing vegetation shall be evaluated in terms of the potentially detrimental effects on slope stability, erosion potential, transpiration and recharge of stormwater, aesthetic and traditional characteristics of the landscape, and existing drainage patterns. Mitigation measures may be required by the Borough as it deems appropriate.
(4) 
Important visual qualities of the site shall be retained to the maximum extent practicable; in addition to vegetation, these may include hilltops or ridgelines, rock outcroppings, and the natural terrain and contours of the site.
(5) 
Grading for a road or driveway necessary for access to the principal use and sewer, water and other utility lines shall be designed within the existing contours of the land to the extent possible, unless it can be demonstrated that no other routing is feasible, with cuts and grading minimized.
(6) 
Finished slopes of all permitted cut and fill within steep slopes shall not exceed 25% slope.
(7) 
Any disturbance of land shall be in compliance with the erosion and sedimentation control standards of Chapter 240, Subdivision and Land Development, and 25 Pa. Code §§ 102.1 to 102.51 in regard to erosion and sedimentation control.
(a) 
An erosion and sedimentation control plan and soil stabilization plan shall be submitted consistent with the requirements of Chapter 240, Subdivision and Land Development.
(b) 
The plan shall demonstrate how soil will be protected from erosion during construction and how soil will be stabilized upon the completion of construction.
E. 
Municipal liability. Any determination that a proposed use complies with this section, or any approval of a subdivision or land development plan, or any issuance of a zoning, building or use permit within or near steep slope areas shall not constitute a representation, guarantee or warranty of any kind by the Borough or by any official or employee thereof, of the practicability or safety of the proposed use and shall create no liability upon the Borough, its officials or employees. This section does not imply that areas outside defined steep slope areas or land uses permitted within steep slope areas will always be totally free from the adverse effects of erosion or other effects of nearby steep slopes.
A. 
Purpose. The purpose of this section is to promote conservation of woodland resources throughout the Borough of Elverson through resource identification, management planning, and development limitations where appropriate.
B. 
Woodland management planning. Any applicant required to submit an open space management plan in accordance with § 290-1226, Site Responsive Residential Community Option, and/or a landscape plan in partial fulfillment of the requirements of this chapter and/or § 240-609 of Chapter 240, Subdivision and Land Development, shall include, as part of such plan, provision for the long-term management of any woodland areas as defined by this chapter, whether or not part of any required open space area on the same lot or tract. Where applicable, applicants are strongly encouraged to seek woodland management assistance through the Pennsylvania Forest Stewardship Program administered by the Pennsylvania Bureau of Forestry.
C. 
Provision for building permit application. Any applicant for building permit (i.e., for building activity not otherwise constituting a land development) shall comply with the provisions of § 240-624 of Chapter 240, Subdivision and Land Development. On any lot of record at the time of enactment of this section, the Zoning Officer may issue a permit for building activity in accordance with applicable zoning district regulations where such building activity requires woodland disturbance in excess of that permitted under § 240-624A(3) of Chapter 240, Subdivision and Land Development, subject to determination by the Zoning Officer that such disturbance is limited to the minimum practicable extent necessary to accommodate the proposed building activity.
A. 
Purpose. To preserve and protect wetland areas as "natural filters" which aid in improving surface water and groundwater quality, groundwater recharge areas, natural floodwater retention areas, and as unique habitats for species associated with wetland areas.
B. 
Applicability. Wetlands shall not be regraded, filled, piped, diverted, channeled, built upon, or otherwise altered or disturbed except where state or federal permits have been obtained and permits have been approved by the Borough as applicable.
C. 
Identification.
(1) 
The identification of possible wetland area shall be any areas of Elverson Borough consisting of wetlands, hydric soils, or seasonal high-water table soils, which are identified by:
(a) 
The Open Space, Recreation and Environmental Resources Plan of the Borough of Elverson.
(b) 
Map 6-A and 6-C in the Borough Comprehensive Plan.
(c) 
The current Soil Survey for Delaware and Chester Counties by the Natural Resources Conservation Service of the United States Department of Agriculture, or the most recent revision thereto.
(2) 
Where wetlands are indicated by any of these sources or where the Borough otherwise has sufficient evidence that wetlands may be present on a site, an applicant shall be required to delineate wetlands in accordance with § 290-1006D(2).
D. 
Delineation of wetlands/administrative process.
(1) 
Coordination with the Pennsylvania Department of Environmental Protection and the U.S. Army Corps of Engineers:
(a) 
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 of state and federal wetland regulations, regardless of whether a delineation under § 290-1006D(2) is required.
(b) 
If required, a wetlands delineation shall be sent to both agencies for review.
(c) 
A copy of any correspondence submitted to or received from either agency shall be provided to the Borough within 10 working days of mailing or receipt.
(2) 
If wetlands delineation is required pursuant to § 290-1006C above prior to the granting of any applicable permits from the Borough of Elverson, the applicant shall provide a wetlands delineation report consistent with the following requirements:
(a) 
A full wetland delineation report conducted by a qualified wetland biologist, soil scientist or environmental professional with demonstrated qualifications approved by the Borough.
(b) 
The wetland report 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. If there is a question as to the accuracy of the wetland delineation report, the Borough may hire a qualified consultant to review the delineation and recommend revisions at the applicant's expense.
(c) 
Such a professional 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 Borough Engineer or other qualified consultant hired by the Borough.
(d) 
If no wetlands are found on the site, a note shall be added to the preliminary and final plans, stating that: "This site has been examined by (name and address with a statement of submitted qualifications), and no wetlands as defined by the U.S. Army Corps of Engineers Wetlands Delineation Manual, Technical Report Y-87-1, January 1987 (or most currently used manual), were found to exist."
Floodplains are regulated in accordance with Chapter 140, Floodplain Management, of the Code of the Borough of Elverson.