[Ord. 116, 9/7/2011, § 1500]
1.
The purposes of the establishment and control of the Steep Slope
Overlay District are as follows:
A.
To promote the public health, safety and welfare by the protection
of steep slope areas, which are subject to erosion when disturbed
and which exacerbate stormwater run-off problems during and following
construction.
C.
To limit soil erosion, siltation of streams, and damage to private
and public property.
D.
To provide and maintain safe means of ingress and egress.
E.
To protect low-lying areas from flooding by limiting the increase
in stormwater runoff caused by grading of sloped areas, changes of
ground cover, or the erection of structures.
F.
To maintain the ecological integrity of steeply sloped areas which
could be adversely affected by disturbances.
G.
To foster the continuing replenishment of groundwater resources and
the maintenance of springs.
[Ord. 116, 9/7/2011, § 1501]
1.
General provisions relating to the Steep Slope Overlay District are
as follows:
A.
The Steep Slope Overlay District established hereby shall be an overlay
on any zoning district(s) now or hereafter enacted to regulate the
use of land in West Cocalico Township.
(1)
The Steep Slope Overlay District shall have no effect on the
permitted uses in the underlying zoning district, except where said
uses are intended to be located within the boundaries of the Steep
Slope Overlay District, as defined herein, and said uses are in conflict
with the permitted uses in the Steep Slope Overlay District.
(2)
In those areas of the Township where the Steep Slope Overlay
District applies, the requirements of the Steep Slope Overlay District,
if more restrictive, shall supersede the requirements of the underlying
zoning district(s).
(3)
Should the Steep Slope Overlay District boundaries be changed
or eliminated as a result of legislative or administrative actions
or judicial decision, the zoning requirements applicable to the area
in question shall revert to the requirements of the underlying zoning
district(s) without consideration of the provisions relating to the
Steep Slope Overlay District.
(4)
For any parcel or any part thereof on which the Steep Slope
Overlay District is an overlay, should the underlying zoning classification(s)
be changed as a result of legislative or administrative actions or
judicial decision, such change(s) in classification shall have no
effect on the boundaries of the Steep Slope Overlay District, unless
an amendment to said boundaries was included as part of the proceedings
from which the subsequent change(s) originated.
B.
Any determination that a proposed use complies with the provisions
of the Steep Slope Overlay District, or any approval of a subdivision
or land development plan, or any issuance of a zoning and use permit
within or near the Steep Slope Overlay District shall not constitute
a representation, guarantee, or warranty of any kind by the Township,
or by any official or employee thereof, of the practicability or safety
of the proposed use and shall create no liability upon the Township,
its officials or employees. The provisions relating to the Steep Slope
Overlay District do not imply that areas outside the Steep Slope Overlay
District boundaries or land uses permitted within said district will
be free from the adverse effects of erosion.
[Ord. 116, 9/7/2011, § 1502]
1.
The Steep Slope Overlay District consists of two areas which are
delineated and defined as follows:
A.
Prohibitive Slope. Prohibitive slopes are those of greater than or
equal to 25% slope.
B.
Precautionary Slope. Precautionary slopes are those between 15 to
24.99% slope.
C.
Whenever there is a difference between any Zoning Map and the applicable
United States Geological Survey Topographic Map, the Topographic Map
shall determine the boundaries of the Steep Slope Overlay District.
2.
Slope Calculation. The change in vertical elevation divided by the change in horizontal distance measured between the contours required to be shown on the plan by the West Cocalico Township Subdivision, Land Development and Stormwater Management Ordinance [Chapter 22] on any part of the lot or parcel in question.
3.
Boundary Interpretation and Appeals Procedure.
A.
Each application for construction, land disturbance or subdivision
containing land within the Steep Slope Overlay District shall be submitted
in accordance with such other provisions of the ordinances of West
Cocalico Township as are applicable thereto. Any area of the Steep
Slope Overlay District that falls within the subject lot or lots shall
be shown on the site plan through shading of such area or areas.
B.
Any party seeking zoning, land development and/or subdivision approval
in what might be a Steep Slope Overlay 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.
[Ord. 116, 9/7/2011, § 1503]
1.
Uses Permitted 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.
A.
Parks and outdoor recreational uses, consistent with the goals of
an adopted Act 167 Plan or other watershed protection adopted by the
Township.
B.
Timber harvesting where such activity is performed in accordance
with an approved erosion and sedimentation control plan. Precautions
shall be taken to minimize destruction of or injury to understory
brush and trees.
C.
Grading for the minimum portion of a driveway necessary to access
a single-family detached dwelling when it can be demonstrated that
no other routing which avoids slopes equal to or greater than 25%
is feasible.
D.
Yard areas of a building not within the Steep Slope Overlay District,
so long as no building other than a single-family detached dwelling
is within the precautionary slope area.
2.
Uses Permitted in Areas of Precautionary Slope. The following are
the only uses permitted as of right in areas of precautionary slope,
provided they also are in compliance with the base zoning district
and all other provisions of this chapter:
A.
Any use permitted in the area of prohibitive slope.
B.
Tree farming, forestry, and other agricultural uses when conducted
in conformity with conservation practices, including minimum tillage
methods, approved by USDA Natural Resource Conservation Service or
the Lancaster County Conservation District.
C.
Single-family detached dwellings.
D.
Yard areas of a building not within the Steep Slope Overlay District,
so long as no building other than that permitted in this subsection
is permitted within the precautionary slope area.
E.
Sealed municipal water supply wells, where approved by all regulatory
agencies.
F.
Access drives and driveways that shall be suitable for the passage
of emergency vehicles in the event of fire or accident. Such access
drives and driveways shall be constructed only when no viable alternative
for emergency access exists.
[Ord. 116, 9/7/2011, § 1504]
1.
Application Procedures. Before a zoning and use permit is issued
for any construction land disturbance activity on land within or affecting
the Steep Slope Overlay District, the following material shall be
submitted for review by the Township:
A.
An engineered site plan of the property, consistent with the applicable requirements of the West Cocalico Township Subdivision, Land Development and Stormwater Management Ordinance [Chapter 22], indicating existing grades 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. Additionally, the percent of the total site covered by steep slopes of 15% or more shall be provided.
B.
Landscaping plan indicating proposed impervious surfaces, storm drainage
facilities, retaining walls, and ground cover, as well as, trees and
ornamental shrub locations. Additionally, the extent and proposed
disturbance of the existing vegetative cover on the site shall be
provided.
C.
A statement, signed and sealed by a registered architect or engineer,
explaining the building methods to be used in overcoming foundation
and other structural problems created by any slope conditions, to
protect and stabilize areas that have a high potential for soil erosion,
and to protect steep slopes on adjoining properties. Additionally,
the soil types and underlying geology of the site shall be provided.
D.
Location and slopes of sides of all proposed cuts and fills.
E.
Plan, profile, and typical cross-sections of any proposed driveway,
with the seal of a registered professional engineer thereon.
F.
Plan for on-site sewage disposal facilities if use of a public sanitary
sewer system is not feasible according to the Township.
G.
If a prohibitive and/or precautionary steep slope area extends to
the boundary of a proposed site, the slopes on adjacent sites for
a distance of 200 feet in all directions from the boundaries of the
site in question shall be additionally presented.
H.
Evidence that the proposed development, any impervious ground cover
and the resultant disturbance to the land and existing vegetative
cover will not cause an increase in the rate of runoff and/or related
environmental problems on or off the site.
2.
Standards Applicable to All Uses Within Steep Slope Overlay Districts.
A.
All required minimum lot sizes shall be met on the slope(s) that
are less than 24.99% slope.
B.
Evidence shall be submitted indicating that all grading has been
minimized.
C.
Finished slopes of all cuts and fills shall not exceed a 3:1 slope,
unless the applicant can demonstrate that steeper slopes can be stabilized
and maintained adequately.
D.
No change in existing topography, which results in any slopes greater
than the pre-development condition, may be located within 25 feet
of an adjoining property or street right-of-way line, excluding driveways
when no alternative for driveway access exists.
E.
Based on the average slope of a lot or parcel, the following standards
shall be observed:
|
Average Slope of Lot Surface
|
Maximum Disturbed Area of Lot
|
Maximum Impervious Lot Coverage
|
|---|---|---|
|
Precautionary Slope: (15% to 24.99%)
|
80% or 20,000 square feet which ever is less
|
10%
|
|
Prohibitive Slope: (Equal to or greater than 25%)
|
90% or 20,000 square feet which ever is less
|
10%
|
F.
Lots shall be configured to provided undisturbed buffer areas along
the contour above and below any area which is cleared, cut or filled
in front and rear yards as follows:
(1)
Downslope of any disturbed area, the buffer shall be a minimum
of 100 feet in width and shall extend along the contour for the full
length below any disturbed area, except for areas which are needed
for access.
(2)
Upslope of any disturbed area, the buffer shall be a minimum
of 50 feet in width and shall extend along the contour for the full
length above any disturbed area, except for areas which are needed
for access.
(3)
There shall be an undisturbed side yard area which shall be
at least as wide as the side yard setback required in the district.
