A.
The purpose and objective of the Conservation Overlay Districts is
to implement the goals, objectives and policies of the West Nantmeal
Township Comprehensive Plan and the Chester County Vision Partnership
Program which pertain to conservation management, environmental resource
protection, natural resources, historical preservation, and open space
preservation. In order to strategically implement theses goals, objectives
and policies, the following Conservation Overlay Districts are hereby
established:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
The Conservation Overlay Districts incorporated under this article
include provisions to supplement and enhance the existing underlying
district regulations for certain land areas and water features. These
supplemental regulations should not replace the existing underlying
zoning district regulations. In cases where the Conservation Overlay
Districts should overlap, the more restrictive standards and specifications
shall apply.
C.
The land and water areas encompassed by the Conservation Overlay
Districts shall be subject to the interpretation of the Zoning Officer.
Should a dispute arise concerning the interpretation of the boundaries
or limits of those land or water areas encompassed by the Conservation
Overlay Districts, the person aggrieved by the interpretation may
file an appeal with the Zoning Hearing Board. In all cases, the burden
of proof and submission of technical evidence shall be the responsibility
of the person appealing the interpretation of the Zoning Officer.
[Amended 7-10-2017 by Ord. No. 2017-4]
See now Article XIII, Floodplain Regulations, in this chapter for provisions relating to flood hazard districts.
A.
The Wetlands and Hydric Soil Overlay District shall be a conservation
overlay to the underlying zoning districts of West Nantmeal Township.
The purpose and objective of the Wetlands and Hydric Soil Overlay
District Overlay District is outlined as follows:
(1)
To direct growth, development and revitalization efforts by considering
environmentally sensitive land areas and ecological habitats.
(2)
To sustain a high quality natural resource system and to protect
a natural diversity of ecosystems.
(3)
To provide aquatic habitats, which are essential breeding, rearing
and feeding grounds for many species of fish, plants and other wildlife.
(4)
To develop a protective zone to serve as a natural filter in the
removing of pollutants such as bacteria, acid and sediment from groundwater
and surface water.
(5)
To implement an effective hydrological and stormwater management
program that adequately addresses surface drainage, groundwater recharge
and soil erosion control measures.
(6)
To implement best management practices.
(7)
To implement the recommendations concerning natural features, conservation
management and land use, as outlined within the West Nantmeal Township
Comprehensive Plan.
B.
The Wetlands and Hydric Soil Overlay District shall include any of
the following land and water features:
(1)
All areas delineated as wetlands and/or seasonal pools on the most
recent National Wetlands Inventory Maps as prepared by the United
States Fish and Wildlife Service.
(2)
All areas delineated as wetlands and/or seasonal pools by a qualified
professional or soil scientist with experience in delineating wetlands.
(3)
All areas delineated as wetlands and/or seasonal pools by the United
States Army Corps of Engineers, as part of a jurisdictional determination.
(4)
All areas encompassed by hydric soils, as defined and mapped by the
United States Department of Agriculture, Natural Resources Conservation
Service.
C.
For all subdivision or land development applications involving areas
with hydric soils and/or areas considered to be wetlands, a qualified
professional or soil scientist with experience in delineating wetlands
shall conduct a field investigation and delineate the limits of the
wetlands on the parcel of land being subdivided or developed. As part
of this requirement, a report containing the field investigation notes,
wetland data sheets, summary, conclusions and resume of the person(s)
responsible for the field investigation shall be issued to West Nantmeal
Township for review and consideration. Further, the subdivision plan
or land development plan shall contain a certification note that has
been endorsed by the qualified person(s) responsible for the field
investigation and the wetlands delineation, as accurately depicted
on the subdivision plan or land development plan.
D.
For all areas that have been delineated as a wetlands area, the following
provisions shall specifically apply:
(1)
No wetland encroachment or earth disturbance activities shall be
permitted unless the appropriate permits or approvals have been obtained
from the Pennsylvania Department of Environmental Protection and/or
the United States Army Corps of Engineers.
(2)
A fifty-foot buffer zone shall be applied to all areas that have
been delineated as wetlands, as measured from the perimeter of the
wetlands area. No encroachment or earth disturbance activities shall
be permitted within the required buffer zone.
E.
No on-lot sewage disposal system or on-lot water supply system shall
be located within 50 feet of the Wetlands and Hydric Soil Overlay
District.
F.
A wetlands delineation shall be conducted for all areas in which
earth disturbance activities or improvements are proposed within the
Wetlands and Hydric Soil Overlay District.
A.
The Steep Slope Overlay District shall be a conservation overlay
to the underlying zoning districts of West Nantmeal Township. The
purpose and objective of the Steep Slope Overlay District is outlined
as follows:
(1)
To protect certain land areas classified as "steep slopes" from inappropriate
subdivision and land development activity, which could result in accelerated
erosion, increased volume and velocity of stormwater, and degradation
of surface waters.
(2)
To permit only those uses of steep slopes which are compatible with
the conservation of the natural conditions, habitats and environment
by maintaining existing topographical conditions and minimizing earth
disturbance activities.
(3)
To encourage the utilization of appropriate construction and land
development practices.
(4)
To direct growth, development and revitalization efforts by considering
the protection and preservation of environmentally sensitive land
areas.
(5)
To implement the recommendations concerning natural features, conservation
management and land use, as outlined within the West Nantmeal Township
Comprehensive Plan.
B.
The Steep Slope Overlay District shall include the following two
slope categories:
(1)
Category 1 slopes: All land areas in which the topographical conditions
have a range of slope between 15% and 25% in slope in pre-development
conditions, as measured 100 feet in any straight-line direction.
(2)
Category 2 slopes: All land areas in which the topographical conditions
exceed a slope of 25% in pre-development conditions, as measured 100
feet in any straight-line direction.
C.
All uses permitted within the underlying zoning districts shall be
permitted as part of the Steep Slope Overlay District, provided that
the lot or parcel intended to facilitate the proposed use and related
site improvements does not conflict with the provisions of the Steep
Slope Overlay District.
D.
The following subdivision and land development provisions shall apply
to all lots or parcels, regardless of their size, whereas at least
10% of the lot or parcel includes Category 1 slopes:
(1)
The principal building and use may be located on Category 1 slopes,
provided that a professional engineer and architect licensed within
the Commonwealth of Pennsylvania submits plans and supporting documentation
to West Nantmeal Township as part of the land development plan and/or
building permit to demonstrate that the proposed construction methods
shall mitigate any adverse impacts associated with steep slopes, hydrology,
landscaping, erosion and stabilization.
(2)
Accessory buildings, uses and driveways may be located on or traverse
through Category 1 slopes, provided that it complies with all other
provisions specified by West Nantmeal Township.
(3)
The maximum building coverage for the proposed use, as specified
by the zoning district requirements, shall be reduced by 15%.
Example: If the maximum building coverage for a commercial lot
is 40% and the lot contains Category 1 slopes as the highest delineated
slope category, then the 15% reduction would limit the maximum building
coverage to 34% for that commercial lot.
(4)
The maximum lot coverage for the proposed use, as specified by the
zoning district requirements, shall be reduced by 15%.
Example: If the maximum lot coverage for a commercial lot is
60% and the lot contains Category 1 slopes as the highest delineated
slope category, then the 15% reduction would limit the maximum lot
coverage to 51% for that commercial lot.
(5)
The maximum disturbance area of lands that have been exclusively
identified as Category 1 slopes shall be limited to 50% of the total
area of the Category 1 slopes on the lot or property being developed.
(6)
The final grading on any lot or parcel with Category 1 slopes shall
not exceed a three-to-one side slope or horizontal-to-vertical ratio
for any area which has been disturbed as a result of the improvements.
Grades exceeding a three to one ratio may be permitted, provided the
following conditions apply: the grading and earth disturbance impacts
will be minimized; the stabilization of adjacent land areas will be
enhanced; the stormwater runoff will be sufficiently controlled; the
site improvements will be designed, constructed and installed considering
best engineering practices that are acceptable to West Nantmeal Township;
and the health, safety and general welfare of the community has been
considered.
(7)
Municipal, utility and conservation uses shall be permitted on Category
1 slopes.
E.
The following subdivision and land development provisions shall apply
to all lots or parcels, regardless of their size, whereas at least
10% of the lot or parcel includes Category 2 slopes:
(1)
The principal building and use shall not be located on Category 2
slopes.
(2)
All accessory buildings, uses and driveways may be located on or
traverse through Category 2 slopes, provided that it complies with
all other provisions specified by West Nantmeal Township.
(3)
The maximum building coverage for the proposed use, as specified
by the zoning district requirements, shall be reduced by 20%.
Example: If the maximum building coverage for a residential
lot is 20% and the lot contains Category 2 slopes as the highest delineated
slope category, then the 20% reduction would limit the maximum building
coverage to 16% for that residential lot.
(4)
The maximum lot coverage for the proposed use, as specified by the
zoning district requirements, shall be reduced by 20%.
Example: If the maximum lot coverage for a residential lot is
30% and the lot contains Category 2 slopes as the highest delineated
slope category, then the 20% reduction would limit the maximum lot
coverage to 24% for that residential lot.
(5)
The maximum disturbance area of lands that have been exclusively
identified as Category 2 slopes shall be limited to 10% of the total
area of the Category 2 slopes on the lot or property being developed.
(6)
The final grading on any lot or parcel with Category 2 slopes shall
not exceed a three to one side slope or horizontal to vertical ratio
for any area which has been disturbed as a result of the improvements.
Grades exceeding a three to one ratio may be permitted, provided the
following conditions apply: the grading and earth disturbance impacts
will be minimized; the stabilization of adjacent land areas will be
enhanced; the stormwater runoff will be sufficiently controlled; the
site improvements will be designed, constructed and installed considering
best engineering practices that are acceptable to the West Nantmeal
Township; and the health, safety and general welfare of the community
has been considered.
(7)
Municipal, utility and conservation uses shall be permitted on Category
2 slopes.
F.
All applications involving a building permit, subdivision and/or
land development plan shall include a detailed topographical analysis,
which includes a depiction of the slope categories at a scale of one
inch equaling 50 feet. The West Nantmeal Township Engineer and/or
Zoning Officer shall review the accuracy of the topographical analysis.
Where determined necessary by the West Nantmeal Township Engineer
and/or Zoning Officer, field verification should be conducted by the
applicant to verify the accuracy of the topographical analysis.
G.
All slopes considered to be man-made slopes by the West Nantmeal
Township Engineer shall not be subject to the provisions specified
by the Steep Slope Overlay District.
A.
The Woodland Protection and Management Overlay District shall be
a conservation overlay to the underlying zoning districts of West
Nantmeal Township. The purpose and objective of the Woodland Protection
and Management Overlay District is outlined as follows:
(1)
To protect areas classified as woodlands from inappropriate subdivision,
land development and conservation management activities.
(2)
To acknowledge that woodlands are a vital resource and provide a
number of community benefits, including minimizing erosion on areas
of steep slopes and stream banks; improving groundwater quality and
quantity by filtering out pollution and sediment; providing wildlife
habitats for plants and animals; providing effective stormwater management
and erosion control; providing shade from direct sunlight and reducing
temperatures; stabilizing adverse climate conditions by providing
buffer and wind breaks; providing active and passive recreation opportunities;
enhancing the scenic characteristics; and reducing air pollution by
absorbing airborne pollutants.
(3)
To establish forestry and timber regulations that will effectively
promote good forest stewardship, protect the rights of adjoining property
owners, and minimize the potential of adverse environmental impacts
created by inappropriate timber harvesting.
(4)
To minimize the clear cutting of woodlands and other earth disturbance
activities that may create adverse environmental and ecological impacts.
(5)
To permit the sale of forestry products as an economic value and
to appreciate that forestry is a leading industry within the Commonwealth
of Pennsylvania.
(6)
To implement the recommendations concerning natural features, conservation
management and land use, as outlined within the West Nantmeal Township
Comprehensive Plan.
B.
Forestry, timber harvesting, tree harvesting and/or logging shall be permitted in all zoning districts, provided such uses are conducted in accordance with the provisions of this § 215-22.
C.
A property owner shall be permitted to clear trees on his or her
property without obtaining a permit from the Township, provided that
the area cleared covers no more than 10% of the gross lot area. If
the property owner or successors and assigns in title to the property
opt to perform tree clearing over time in various stages or intervals,
no permit shall be required until the total area cleared from all
stages of tree clearing by all owners of the property exceeds 10%
of the gross lot area of the lot or lots to be cleared.
D.
A timber harvesting permit issued by the Township shall be required
prior to performing the following activities:
(1)
Timber harvesting or logging operation on a property with 10 or more
contiguous acres where 20 or more trees with a minimum caliper of
12 inches are harvested or logged.
(2)
Timber harvesting or logging operation that involves earth disturbance
of two or more contiguous acres of land.
(3)
Tree clearing where the total area cleared covers more than 10% of
the gross lot area.
E.
The following provisions shall apply to a timber harvesting plan
and permit:
(1)
A landowner who is required to obtain a permit for the activities set forth in § 215-22D shall submit a permit application and pay the applicable filing fee as established by the Board of Supervisors by resolution. The application shall contain a timber harvesting plan which is prepared in accordance with the guidelines established by the Pennsylvania Department of Conservation and Natural Resources, Bureau of Forestry and/or the Penn State Cooperative Extension. The timber harvesting plan shall contain the following information:
(a)
Purpose of the proposed operation.
(b)
Name, address and telephone number of forestry operator.
(c)
Total land area involved in the proposed timber harvesting operation.
(d)
Total number of trees selected for harvesting.
(e)
Erosion and sedimentation plan prepared in accordance with the
requirements of the Pennsylvania Department of Environmental Protection
and the Chester County Conservation District.
(f)
Reforestation narrative outlining the re-vegetation of the land
area, skid trails and harvest areas.
(g)
A chart indicating the quantity of trees and the species of
trees selected for harvesting.
(h)
Site location and boundaries of both the entirety of the property
upon which the timber harvesting operation shall occur and the specific
area proposed for timber harvesting.
(i)
The general location of the proposed operation in relation to
municipal and state roads and any proposed accesses to those roads.
(j)
Existing watercourses, floodplains and wetlands.
(k)
The required fifty-foot buffer along any harvesting area, landing area, public road, watercourse or wetland as specified in § 215-22F of this chapter.
(l)
Topography of the property, including all slopes of 25% or greater.
(m)
Earth disturbance locations, including skid trails and landing
areas.
(n)
Design, construction, maintenance and retirement of the access
system, including haul roads, skid roads, skid trails and landings.
(o)
Design, construction and maintenance of water control measures
and structures.
(p)
Design, construction and maintenance of proposed stream and
wetland crossings.
(q)
A copy of any other permits or licenses as may be required by
federal, state or county laws or regulations.
(2)
West Nantmeal Township and its professional consultants shall review
the permit application and timber harvesting plan to ensure compliance
with the provisions of this section. If necessary, the Township may
consult with qualified professionals to review the application and
plan. All costs incurred by the Township to review the application
and plans shall be reimbursed by the applicant prior to the issuance
of the timber harvesting permit.
F.
The following provisions shall apply to tree harvesting regulations:
(1)
A fifty-foot buffer zone, within which no timber harvesting shall
occur, shall be required between the boundary of any timber harvesting
area and any public street, road, or watercourse or wetland.
(2)
Timber harvesting is prohibited within a floodplain and wetlands.
(3)
Clear-cutting is permitted on slopes of 15% but less than 25% where
it is done for the purpose of managing or improving the natural habitat.
Clear-cutting is prohibited on areas with slopes of 25% or greater.
(4)
If trees fall on adjacent properties as a result of a timber harvesting
operation, the forestry operator shall remove such trees and be responsible
for any damage, cost or restoration to the affected adjacent property.
(5)
Felling or skidding on or across any public road or right-of-way
is prohibited without the express written consent of West Nantmeal
Township or the Pennsylvania Department of Transportation, whichever
is responsible for maintenance of such public road or right-of-way.
(7)
All tree tops, limbs and slash shall be permitted to remain for soil
stabilization, provided that they extend no more than four feet above
grade.
(8)
The stumps of all felled trees shall be permitted to remain for soil
stabilization, provided that they extend no more than four feet above
grade.
(9)
Littering is prohibited and litter resulting from a timber harvesting
operation shall be removed from the site on a daily basis.
(10)
During the periods of abnormal forest fire danger, as determined
by the fire company that serves the site of the timber harvest, West
Nantmeal Township shall have the authority to order the suspension
of timber harvesting operations until the danger subsides.
(11)
All land areas and property used for the timber harvesting shall
be reseeded in compliance with the timber harvesting plan.
(12)
All holes created in the course of tree harvesting shall be
filled or regraded.
(13)
The landowner and/or operator shall be responsible for repairing
any damage to public or private roads and other infrastructure caused
by traffic or equipment utilized for a timber harvesting, tree harvesting
or logging operation. At the discretion of the Board of Supervisors,
the landowner or operator shall furnish financial security or a bond
in an amount determined by the Township Engineer in order to guarantee
the repair of such damages in accordance with Title 67 Pa. Code, Chapter
189.
(14)
The landowner and/or operator shall clean any mud or debris
that is tracked onto public roads and shall be responsible for repairing
berms, shoulders, swales and/or stormwater management facilities on
public roads, which may be damaged due to the timber harvesting, tree
harvesting or logging operation. All soil and debris washed or carried
onto public streets during timber harvesting, tree harvesting or logging
operations shall be cleaned immediately after the occurrence.
(15)
The West Nantmeal Township Engineer and/or Zoning Officer may
inspect the property where any forestry, timber harvesting, tree harvesting
or logging operation is occurring to determine if the requirements
of this section and of the permit, including conditions thereof, or
to the plans and specifications submitted with the permit application,
including modifications thereof, or to the approved runoff and erosion
control plan are being followed.
A.
The Historical Preservation Overlay District shall be a conservation
overlay to the underlying zoning district within West Nantmeal Township.
The objectives of this special overlay district are outlined as follows:
(1)
To establish a zone that emphasizes the preservation of selected
areas that has historical significance.
(2)
To establish effective historical enhancement provisions which consider
provisions for buffer yards, scenic vistas, landscaping, signs and
other visual enhancements.
(3)
To initiate a process of public and technical review prior to the
demolition or relocation of historic buildings and structures.
(4)
To promote tourism within this historical region of Chester County.
(5)
To provide for adaptive reuse and redevelopment alternatives as a
means of encouraging their preservation and use.
(6)
To implement the recommendations concerning historic preservation,
cultural resource recognition, and land use planning, as outlined
within the West Nantmeal Township Comprehensive Plan.
B.
The Historical Preservation Overlay District shall include all lots
upon which an historical resource or historic site is located, as
referenced by: the National Register of Historical Places; the Pennsylvania
Historical and Museum Commission; and/or by West Nantmeal Township
Comprehensive Plan. Where necessary, the limits of the Historical
Preservation Overlay District shall be determined by the West Nantmeal
Township Zoning Officer.
C.
All proposed land uses, developments and/or site improvements within
the Historical Preservation Overlay District shall be reviewed by
the West Nantmeal Township Historical Commission prior to the issuance
of any permits for demolition.
D.
All permitted land uses within the underlying zoning district to which the historical resource or historically significant structure is located may be permitted by right within the Historic Preservation Overlay District. All other land uses that are not permitted by right in the underlying zoning district, but are listed as an adaptive reuse and redevelopment of an historical buildings and structure (refer to § 215-23E of this chapter), may be permitted by special exception.
E.
The following land uses may be permitted as part of the adaptive
reuse and redevelopment of historical buildings and structures:
(1)
Banks and financial institutions, excluding drive-through facilities, subject to § 215-59 of this chapter.
(9)
As part of the special exception application, alternative uses permitted
by the West Nantmeal Township Zoning Hearing Board, which has been
determined to be compatible with the adjacent land uses; enables the
preservation, restoration or rehabilitation of the historical resource
or historical structure; and generally consistent with the overall
purpose statements and objectives of this chapter.
F.
As part of all future subdivision and land development applications
within the Historical Preservation Overlay District, the following
design requirements and site improvements shall be considered:
(1)
All proposed buildings or structures located within the Historical
Preservation District shall be reviewed by the West Nantmeal Township
Historical Commission.
(2)
All proposed buildings or structures which are permitted within the
Historical Overlay District shall be designed to consider the architectural
characteristics of the existing properties within the Historical Preservation
Overlay District. Where appropriate, the developer shall utilize building
materials that are either compatible to these existing properties
or will complement the historical character of West Nantmeal Township.
(3)
Where feasible, street trees and other aesthetic landscaping improvements
should be incorporated into the design of the subdivision or land
development plan.
(4)
The total number and size of all signs within the Historical Preservation Overlay District should be limited to avoid clutter and to serve the basic needs of the use. All proposed signs shall comply with the provisions of Article X of this chapter.
(5)
Unless otherwise directed by the utility company providing service,
all proposed utilities shall be installed underground and within a
utility easement or right-of-way.
(6)
All proposed developments shall be designed with regard to the topographic
and natural features of the site. The purpose of this provision is
to ensure that the natural features of the development are preserved
and protected to the extent that it is not necessary to disturb the
site in order to implement the criteria and standards of this chapter.
All natural features not proposed for disturbance, as otherwise permitted
by the objective standards and criteria of this chapter, shall be
preserved and incorporated into the final landscaping and open space
design of the development.
G.
The following provisions shall apply to the demolition or relocation
of historical resources:
(1)
No historical resource or historically significant structure shall
be demolished and/or relocated until it has been reviewed by the West
Nantmeal Township Historical Commission.
(2)
The landowner or applicant shall provide documentation or evidence
that the historical resource or historically significant structure
cannot be rehabilitated, revitalized, reused or redeveloped as a viable
land use within the community.
(3)
The West Nantmeal Township Board of Supervisors shall consider all
proposals involving the demolition or relocation of historical resources
and historically significant structures within the Historical Overlay
District. If acceptable, the West Nantmeal Township Board of Supervisors
shall authorize the West Nantmeal Township Zoning Officer to issue
the appropriate permits.
