In expansion of the declaration of legislative intent found in §
415-2 of this chapter, and the statement of community development objectives found in §
415-3 of this chapter, it is the intent of this article to:
A. Conserve and protect areas of steep slope from inappropriate development
and excessive grading;
B. Avoid negative impacts caused by erosion, stream filtration, soil
failure leading to structural collapse, damage, or sanitary conditions;
C. Minimize danger to public health and safety by promoting safe and
sanitary drainage; and
D. Permit and encourage the use of steep slope areas for open space
purposes, so as to constitute a harmonious aspect of the continuing
physical development of the Borough.
In addition to that information typically required for applications
to the Zoning Hearing Board, the applicant shall supply the following
with an application to the Board:
A. A plan by a registered professional engineer or surveyor which accurately
locates the proposed use with respect to the SSC District boundaries
and existing development within 200 feet of the proposed use, together
with all pertinent information describing the proposal, topographical
survey, contour elevations at five-foot intervals, and the erosion
and sediment control plan required by this article.
B. The following as deemed necessary by the Zoning Hearing Board:
(1) Plan view of the site, conforming to the preliminary plan requirements of Chapter
370, Subdivision and Land Development.
(2) Topographic survey showing contour elevations at five-foot contours
as well as typical tract cross-sections at a scale of one inch equals
50 feet or larger. In addition, typical tract cross-sections at a
vertical and horizontal scale deemed appropriate by the Borough Engineer.
(3) Specifications of building materials and construction, including
filling, grading, materials storage, water supply, and sewage disposal
facilities.
(4) Proposed modifications to the existing topography and vegetative
cover, as well as the means of accommodating stormwater runoff.
(5) Documentation of any additional engineering and/or conservation techniques
designed to alleviate environmental problems created by the proposed
activities.
In considering a special exception application, the Zoning Hearing
Board shall consider the following:
A. Relationship of the proposed use to the objective as set forth in §
415-78.
B. Adverse effects to abutting or downstream properties.
C. Evidence that:
(1) Proposed buildings or structures are of sound engineering design
and that footings are designed to extend to stable soil and/or bedrock.
(2) Proposed roads, drives and parking areas are designed 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.
(3) Proposed on-lot sewage disposal facilities shall be properly designed
and constructed in conformity with applicable regulations.
(4) Proposed non-agricultural displacement of soil shall be for causes
consistent with the intent of this article and shall be executed in
the manner that will not cause erosion or other unstable conditions.
(5) Surface runoff of water will not create unstable conditions, including
erosion, and that appropriate stormwater management facilities will
be constructed as necessary.
The granting of a use and occupancy permit or the approval of
a subdivision or land development plan on or near the SSC District
shall not constitute a representation, guarantee or warranty of any
kind by the Borough or any official or employee thereof regarding
the practicability or safety of the proposed use and shall create
no liability upon the Borough, its officials, or its employees. Protections
provided by this article are for regulatory purposes and are based
on minimum engineering studies. The article does not imply that areas
outside the SSC District are free from the adverse effects of erosion
and sedimentation.