The specific intent of the Natural Resource Protection Standards
shall be to protect those areas having steep slopes, woodlands, streams,
watercourses, wetlands, and ponds, from inappropriate development
and excessive grading, while concurrently recognizing the relationship
between existing development and unique topological features present
in Schwenksville Borough. The following specific objectives are intended
to be accomplished by the adoption of these standards:
A.
To combine with other zoning requirements certain restrictions for
steep slope areas, woodlands, streams, watercourses, wetlands and
ponds to promote the general health, safety and welfare of the residents
of the Borough of Schwenksville.
B.
Improve surface water quality by reducing the amount of nutrients,
sediment, organic matter, pesticides, and other harmful substances
that reach watercourses, wetlands and water bodies by using scientifically-proven
processes including filtration, deposition, absorption, adsorption,
plant update.
C.
Accommodate development while protecting the natural character, resources
such as woodlands or wildlife habitat and aesthetic value of the Borough.
D.
To protect individuals and adjacent landowners in the Borough and/or
other municipalities from the possible harmful effects of inappropriate
grading and development in natural resource areas.
E.
Regulate the land use, siting, and engineering of all development
to be consistent with the intent and objectives of this ordinance
and accepted conservation practices, and to work within the carrying
capacity of existing natural resources.
F.
Conserve the natural features important to land or water resources
such as headwater areas, groundwater recharge zones, floodway, floodplain,
springs, streams, wetlands, woodlands, prime wildlife habitats and
other features that provide recreational value or contain natural
amenities that exist on developed and undeveloped land.
G.
Comply with floodplain, steep slopes, and other ordinances that regulate
environmentally sensitive areas to minimize hazards to life, property,
and riparian features.
H.
Recognize that natural features contribute to the welfare and quality
of life of Borough residents.
I.
Conserve natural, scenic, and recreation areas within and adjacent
to riparian areas for the community's benefit.
These Natural Resource Protection Standards, as defined and delineated in this Article, shall apply to all zoning districts of the Borough, and shall apply in addition to and concurrently with all other underlying zoning district and general requirements of this Chapter. Should there be any provision of this Article that conflicts with any underlying zoning district or general requirement of this Chapter, the more restrictive shall apply. When two (2) or more resources regulated by this Article overlap, the provisions of § 176-1605 shall apply.
A.
Applicability. The use or disturbance of land included within the
Steep Slope Conservation District, as defined in § 176-1602.B
below, shall only be done in strict conformance with this Article.
B.
Boundary Definition. The Steep Slope Conservation District is defined
and established as those areas having slopes, whether natural or man-made,
of 15% or greater. Steep slopes shall be further divided into the
following categories when measured over three or more contour lines
at two-foot intervals:
C.
Uses Permitted by Right. The following uses and no other shall be
permitted as of right in the Steep Slopes Conservation District without
a grading site plan as referenced in § 176-1602.D, provided
that they do not include permanent structures, and are consistent
with the requirements of the underlying zoning district and other
applicable requirements. All other uses, buildings and development
not included below which are proposed shall fully conform to the requirements
of this Article.
1.
Passive parks and outdoor recreational uses, consistent with the
goals or watershed or riparian corridor protection, including trails,
unless earth moving is required.
2.
Wildlife sanctuary, woodland preserve, arboretum and passive recreation
areas, including parks, but excluding enclosed structures.
3.
Cultivation and harvesting of crops, outdoor nursery or orchard in
accordance with recognized soil conservation practices.
4.
Yard area of any permitted building (or land use), as long as the
building itself is not within Steep Slopes Conservation District.
5.
Nonstructural accessory uses necessary for the operation and maintenance
of the above permitted uses.
6.
Similar uses to the above which are in compliance with the intent
of this article.
D.
Requirements for Grading Site Plan and Review.
1.
For all earth moving activities, including land developments, within
the Steep Slope Conservation District, a Grading Site Plan based on
a current on-site survey prepared by a Pennsylvania-licensed professional
engineer or surveyor shall be required for review by the Borough Engineer.
Such plan shall show, at a minimum, the following:
b.
Location of all water bodies, including but not limited to streams
and wetlands, existing natural and topographic features.
c.
Location of all proposed and existing buildings and streets.
d.
Location of all existing vegetation, including meadow, forest,
scrub lands broken down by those areas of vegetation which will be
removed as well as vegetation to be preserved.
e.
A plan and iteration of specific methods which will be utilized
to control soil erosion and sedimentation, soil loss and excessive
stormwater runoff, both during and after construction.
f.
A statement and description of the stability of the soils on
site and the appropriateness of the construction method proposed.
g.
A hydrology, drainage, and flooding analysis, to include a statement
on the effect of the proposed development upon water bodies or wetlands
in the vicinity of the project.
h.
A statement describing the underlying geology attesting to the
stability of the site.
i.
Calculations of the area of proposed disturbance of each slope
class on each proposed lot, as well as within any proposed road right-of-way.
j.
A plan of all the final grades proposed for the construction
site and all access routes.
2.
Upon consultation with the Borough Engineer, the Zoning Officer may
except man-made slopes from the provisions of this Article if the
alteration, regrading, clearing or construction upon such slope can
be accomplished without causing erosion of the slope and will not
result in soil failure, stream siltation and contamination of surface
waters and/or an increase in the total runoff into any watercourse
or an increase in the point discharge levels or velocities at any
given point of collection and discharge and will not be injurious
to the health, safety and welfare of Borough residents. It shall be
the burden of the applicant to demonstrate that the slopes were man-made
and to establish the absence of impact in accordance with the criteria
stated herein.
3.
Should any dispute arise as to the boundary of the Steep Slope Conservation
District, the following procedure shall apply:
a.
The Borough Engineer shall make the initial determination. It
shall be the duty of the applicant to present any documentation supporting
their calculation of the boundary to the Borough Engineer.
b.
Any party aggrieved by the decision of the Borough Engineer
as to the boundaries of the Steep Slope Conservation District, as
defined above, may appeal to the Zoning Hearing Board as provided
for in this Chapter. The applicant shall present all necessary data
to enable the Zoning Hearing Board to make its determination, and
the burden of proof shall be on the applicant.
4.
The Grading Site Plan shall be reviewed by the Borough Engineer.
The Borough Engineer shall accept or reject the plan as submitted,
or may require that specific conditions be complied with in order
for the plan to meet approval. In evaluating the grading site plan
for development within the Steep Slopes Conservation District, the
criteria of § 176-1602.E shall apply.
5.
No building permit shall be issued and no grading or site clearing
shall occur until a Grading Site Plan including all the items required
of this Article has been reviewed and approved by the Borough. No
vacant land shall be occupied or used, and no building hereafter erected,
altered or used, and no steep slope areas shall be occupied until
a certificate of compliance has been issued by the Zoning Officer.
The Zoning Officer shall request the applicant to submit a certification
by a registered professional engineer or land surveyor that the construction
of said building and any necessary grading or filling will be accomplished
in compliance with the provisions of this article. The Zoning Officer
shall within 10 days after receipt of such certification from the
applicant, issue a certification of compliance only if the building
or premises and the proposed use thereof conform to all the requirements
of the article.
E.
General Regulations.
1.
Siting and Minimizing Grading. In order to preserve the natural topographic
features, geological features and vegetation, including large trees
(6" dbh or greater), development shall:
2.
Disturbance Regulations.
a.
Percentage of Slope Disturbance. The following disturbance limits
shall be the maximum area of each steep slope category that may be
developed, regraded or stripped of vegetation in any development:
|
Steep Slope Category
|
Disturbance Limit
|
|---|---|
|
Slopes at least 15% but less than 25%
|
25%
|
|
Slopes 25% or greater
|
10%
|
b.
Any earth-moving activity or land developments that requires
a disturbance of more than one steep slope category shall provide
calculations for each category and, based on the amount of each slope
category on the tract, shall provide calculations for the maximum
and proposed area to be disturbed.
c.
Any earth moving activity or land development that will result
in a steep slope disturbance greater than the limits defined above,
but less than 40% of all slopes 15% or greater, shall only be permitted
by conditional use approval.
d.
Disturbance to areas shall be minimized, where the length or
area of steep slopes on site and extending 200 feet into adjacent
lands is extensive.
e.
The proposed development, any impervious surface and the resultant
disturbance to the land and existing vegetative cover shall not cause
excessive surface runoff and/or related environmental problems.
f.
Surface runoff water will not create unstable conditions, including
erosion, and that appropriate stormwater management facilities will
be constructed as necessary.
3.
Existing vegetation and landscaping. Measures shall be undertaken to minimize disturbance to and removal of natural vegetation at the site; vegetation shall be evaluated with particular regard to impacts on slope stability; transpiration and recharge of stormwater; existing drainage patterns; and the overall characteristics of the landscape. Special mitigation may be required, such as use of retaining walls to preserve existing vegetation. New landscaping should be in accordance with Chapter 147, Subdivision and Land Development, of the Borough Code.
4.
Grading.
a.
Grading or earthmoving on all steep slope areas shall not result
in earth cuts or fills whose highest vertical dimensions exceed 10
feet, except where no reasonable alternatives exist for construction
of public roads, drainage, and other public improvements; in which
case, such vertical dimensions shall not exceed 20 feet. Finished
slopes of all cuts and fills shall not exceed three to one, unless
the applicant can demonstrate that steeper slopes can be stabilized
and maintained adequately.
b.
Grading outside the building footprint and driveway area shall
be minimized.
c.
All cut and fill slopes shall be landscaped and shall be stabilized
to control erosion. The grading and excavation proposed in connection
with the development shall not result in landslides, flooding or erosion.
d.
All excess excavated material shall be removed or otherwise
placed so as to become an integral part of the site development. Man-made
slopes shall conform to patterns of the natural terrain.
e.
The surface materials of retaining walls shall be of materials
which are either similar to or compatible with those of the adjacent
main buildings or which blend in with the natural terrain.
f.
Any displacement of soil shall be for causes consistent with
the intent of this article and shall be executed in a manner that
will not cause erosion or other unstable conditions.
5.
Parking, Driveways and Circulation. Proposed roads, drives and parking
areas are designed such that land clearing and/or grading will not
cause accelerated erosion. Both vertical and horizontal alignment
of such facilities shall be so designed that hazardous conditions
are not created.
F.
Conditional use application requirements. A conditional use application
for steep slope disturbance limits that exceed the limits defined
in § 176-1602.A but are less than 40% shall provide the
following documentation and information:
1.
A plan by a registered professional engineer or surveyor which accurately
locates the proposed use with respect to the Steep Slope Conservation
District boundaries and existing development within 200 feet of the
proposed use, together with all pertinent information describing the
parcel, and a topographical survey with contour elevations at no greater
than two-foot intervals.
2.
A plan of proposed development or use of the site, conforming to
the preliminary plan requirements of the Subdivision and Land Development
Ordinance, with contours shown at two-foot intervals, throughout the
steep slope areas proposed for development or use. Contours shall
be accurately drawn from on-site survey or aerial photographic sources.
3.
Proposed modification to the existing topography and vegetative cover,
as well as the means of accommodating stormwater runoff.
4.
Documentation of any additional engineering and/or conservation,
techniques designed to alleviate environmental problems created by
the proposed activities.
5.
Specifications of building materials and construction, including
filling, grading, materials storage, water supply, and sewage disposal
facilities.
6.
An erosion and sediment control plan in compliance with the erosion
and sediment control practices set forth in the Erosion and Sediment
Pollution Control Program Manual of the Department of Environmental
Protection, 1990, and any subsequent amendments thereto.
7.
The location of all trees having a diameter of eight inches or more
dbh.
G.
Conditional use standards and criteria. In considering a conditional
use application Borough Council shall consider the following:
2.
The general regulations set forth in § 176-1602.B of this
article.
3.
Adverse effects to abutting, uphill and downhill properties.
4.
Extent and severity of steep slopes on the site.
5.
Extent and proposed disturbance of existing vegetative cover on the
site.
6.
Soil types and underlying geology of the site.
7.
Length or extent of steep slopes both on the site in question and
on adjacent lands within 200 feet of the site.
8.
Evidence that:
a.
The proposed development, any impervious surface and the resultant
disturbance to the land and existing vegetative cover will not cause
excessive surface runoff and/or related environmental problems.
b.
Proposed buildings or structures are of sound engineering design
and that footings are designed to extend to stable soil and/or bedrock.
c.
Proposed roads, drives and parking areas are designed such that
land clearing and/or grading will not cause accelerated erosion. Both
vertical and horizontal alignment of such facilities shall be so designed
that hazardous conditions are not created.
d.
Displacement of soil shall be for causes consistent with the
intent of this article and shall be executed in a manner that will
not cause erosion or other unstable conditions.
e.
Surface runoff water will not create unstable conditions, including
erosion, and that appropriate stormwater management facilities will
be constructed as necessary.
H.
Existing uses. Following the adoption of this Article, any use or
structure which is situated within the boundaries of the Steep Slope
Conservation District and which does not conform to the permitted
uses specified by § 176-1602.C.
I.
Borough liability. The granting of a use and occupancy permit, a
zoning permit or approval of a subdivision or land development plan
on or near the Steep Slope Conservation District shall not constitute
a representation, guaranty, or warranty of any kind by the Borough
of Schwenksville, or by any official or employee thereof, of the practicability
or safety of the proposed use and shall create no liability upon Schwenksville
Borough, its officials or employees. The degree of erosion and sediment
control protection intended to be provided by this article is considered
reasonable for regulatory purposes and is based on engineering and
scientific methods of study. This article does not imply that areas
outside the Steep Slope Conservation District boundaries or land uses
permitted within said district will always be completely free from
the adverse effects of erosion and sedimentation.
In the R-1 and R-2 Districts, not more than 20% of such areas
shall be altered, regraded, cleared or built upon. In all other zoning
districts, no more than 50% of such areas shall be altered. Any permitted
clearing or alteration of woodland area shall be undertaken to maintain,
where possible, a continuous canopy of trees where a continuous canopy
and/or hedgerow exists.
A.
Applicability.
1.
The Riparian Corridor Conservation District is an overlay district
that applies to land adjacent to streams, including any adjacent wetlands
and/or water bodies draining into the identified stream.
2.
The Riparian Corridor Conservation District regulations shall apply
when:
3.
Lots containing legally existing structures shall not be subject
to the requirements of this ordinance unless and until they are the
subject of either 2.a or 2.b listed above. Existing nonconforming
uses and structures shall be permitted to expand to the extent permitted
by this Chapter.
B.
Riparian Corridor Boundary.
1.
Application. A riparian corridor setback, measured 75 feet from the
defined edge of the stream at bank full flow, measured perpendicular
to the edge of the stream, shall be maintained for all structures
along all watercourses. A riparian corridor setback shall be established
along all streams or watercourses, including intermittent watercourses.
2.
Adjustments.
a.
Small Lots. All properties measuring less than 1 acre shall
be permitted to reduce the required setback to 35 feet from the defined
edge of the stream at bank full flow.
b.
Existing Structures. If any structure legally existing at the
time of the passing of this Article lies within 75 feet of the defined
edge of a stream, in whole or in part, the required riparian corridor
setback shall not be applicable, but shall apply to the rest of the
lot where an existing structure does not intervene.
C.
Uses Permitted. Such areas within the Riparian Corridor setback shall
contain no structures and shall not be altered, regraded, developed,
filled, piped, diverted or built upon, except as provided below.
1.
Vegetation Clearance. Such areas within the Riparian Corridor setback
shall not be altered, regraded, developed, built upon or cleared of
existing trees or natural vegetation, except for the removal of dead,
diseased or hazardous trees that jeopardize public safety or as part
of a reforestation project that is approved by the Borough Council.
2.
Corridor Crossings. Roads and driveways may cross streams, watercourses
and wetlands where design approval is obtained from the Borough and
the Pennsylvania Department of Environmental Protection and where
no other reasonable access is available. Crossings shall be designed
to cross the riparian corridor at direct right angles (+/- 10 degrees)
and crossings shall be mitigated by increasing the width of the corridor
setback as replacement for the area lost due to the encroachment,
so that the total corridor area (land within the setback area) for
each applicable side of the stream or water body is equal to that
required by § 176-1604.B.
D.
In the event that a wetlands delineation validated by the U.S. Army
Corps of Engineers is shown to vary from the wetlands boundary derived
from this chapter, the Corps' delineation will govern. The required
Riparian Corridor setback will then be measured from the Corps' delineated
boundary.
E.
The Borough shall have the right to inspect lands within or adjacent
to an identified Riparian Corridor Conservation District when:
1.
A plan is submitted for Land Development or Subdivision of Land.
2.
A Building Permit application is submitted for construction of a
new structure and/or an expansion of an existing structure within
75 feet of a mapped stream.
3.
An unauthorized disturbance of the Riparian Corridor Conservation
District is brought to the attention of the Borough.
A.
In the area of overlap with two or more resources, the greatest protection
standard of the overlapping resources (the least amount of alteration,
regrading, clearing, cutting, building, etc.) shall apply.
