The purpose of this article is to promote the public health,
safety, and general welfare by minimizing adverse environmental impacts.
This article is intended to meet the following objectives:
A. Evaluate the potential environmental impacts on valuable natural
resources and protect these resources through the implementation and
enforcement of natural resource protection standards.
B. Identify and conserve environmentally sensitive lands including floodplains,
steep slopes, woodlands, hedgerows, lakes, ponds, watercourses, riparian
buffer areas, wetlands, and wetland margins.
C. Minimize disturbance of steep slope areas to limit soil erosion,
protect natural vegetative cover, prevent siltation of streams and
the degradation of water quality, and to prevent damage to property.
D. Protect water resources associated with carbonate geologic formations
from land use and development patterns which would threaten their
quality and quantity as a result of pollution and the alteration of
natural drainage patterns.
E. Conserve, protect, and restore forested and nonforested riparian
buffers through scientifically supported processes.
[Added 8-17-2016 by Ord.
No. 2016-08-17-1]
F. Protect the watercourses and wetlands otherwise not regulated or
superseded by Section 102 of the Pennsylvania State Code.
[Added 8-17-2016 by Ord.
No. 2016-08-17-1]
G. Implement the recommendations for natural resource protection as
described in the Pennsbury Township Comprehensive Plan of 2006, as
amended.
The Groundwater Protection Overlay District shall be deemed
an overlay on the applicable zoning districts.
A. Definition and interpretation.
(1)
The Groundwater Protection Overlay District coincides with the
carbonate or limestone geologic formations and includes all of the
following areas:
(a)
The area designated and identified on Map 7-1, Watersheds and
Geology, of the Pennsbury Township Comprehensive Plan of 2006, as
amended, as consisting of carbonate geology, specifically, Cockeysville
and Franklin marble; and
(b)
All lands containing Class 3 soils for urban suitability as
identified in the soil legend for Chester County Soils, surveyed and
published by the U.S. NRCS. Class 3 soils consist of all Hagerstown
Silt Loam, Bedford Silt Loam, Guthrie Silt Loam, which soils are associated
with underlying carbonate or limestone geologic formations.
(2)
In reviewing all applications for compliance with the provisions of this section, the Township shall make its review on the basis of Groundwater Protection Overlay District boundaries as described in Subsection
A(1) above.
(3)
Where interpretation is needed as to the exact location of the boundaries of the District as described in Subsection
A(1) above, for example, where there appears to be a conflict between a mapped boundary and actual field conditions, an initial determination of the exact boundary of the Groundwater Protection Overlay District shall be made by the Township Engineer.
(4)
Any party seeking such a determination may submit a geologic
study of the area in question, or other pertinent documentation for
consideration. The Township Engineer shall make a written report of
the results of his initial determination, a copy of which shall be
provided to the Board of Supervisors.
(5)
Any party aggrieved by any such determination of the Township
Engineer may appeal to the Zoning Hearing Board. The person contesting
the location of the district boundary shall have the burden of proof
in case of any such appeal.
B. Applicability.
(1)
Regulations pertaining to the Groundwater Protection Overlay
District in this section shall constitute an overlay on the otherwise
applicable zoning districts as delineated on the Township Zoning Map.
(2)
No structure, land or water shall be used or developed, and no structure shall be located, extended, converted or structurally altered without full compliance with the standards and procedures as set forth in §
162-1505C.
(3)
In the Groundwater Protection Overlay District, alteration and development of land may be hazardous with respect to foundation safety of structures, the creation of unstable land as a result of changes in drainage, and the contamination of ground and surface waters. Within the limitations of the information available at the time of review of individual applications, the Township shall attempt to make reasonable judgments as to the applicant's compliance with the standards of §
162-1505C. Under no circumstances shall Pennsbury Township or any officer or employee of the Township assume any liability for any interested party's reliance upon the regulations of §
162-1505 or any decisions made by the Township in the administration of such regulations.
C. Standards.
(1)
No structure, land or water shall be used or developed, and no structure shall be located, extended, converted or structurally altered in the Groundwater Protection Overlay District unless the applicant takes all reasonable measures to minimize the adverse impacts of this proposed action, as set forth in Subsection
C(1)(a) through
(d) below. To minimize shall not mean to eliminate, but to make the most substantial effort possible under the circumstances to reduce the adverse effect of the action required to be minimized.
(a)
The below-ground storage of heating oil, gasoline, chemical
solutions or other substances which, if released, would constitute
pollutants to ground or surface waters. If warranted, as determined
by the Township, the applicant may be required to place tank(s) in
a concrete vault, install other impervious lines, and/or install monitoring
devices. The applicant shall demonstrate compliance with the provisions
of the Storage Tank and Spill Prevention Act, Act 32 of 1989, P.L.
169, No. 32, as amended, and with all applicable regulations of the Pennsylvania
State Police, Fire Marshal Division.
(b)
The use of fill containing any material which would represent
a potential contamination hazard to ground or surface waters. Materials
shall include but not necessarily be limited to wastes identified
as hazardous by the Pennsylvania Department of Environmental Protection.
(c)
Storage, handling, processing or disposal of toxic materials or any other substance with the potential to contaminate ground and surface waters. The applicant shall also demonstrate compliance with Article
VII, Hazardous Waste Management, as amended and with the Resource Conservation and Recovery Act of 1976 as amended, 42 U.S.C. § 6901 et seq. (1976).
(d)
Land grading or construction of buildings or other site improvements
which would directly or indirectly diminish the flow of natural springs.
If warranted, as determined by the Township, water table data from
observation wells shall be provided by the applicant.
(2)
Should the Township find that an applicant may create a significant risk to the public's health or safety, in spite of taking all reasonable actions to minimize such risks, or should the Township determine that the applicant has not taken all reasonable actions to minimize such risks, the Township may deny the application in accordance with §
162-1505D, herein. In either case of denial, the applicant may submit an environmental assessment report in accordance with §
162-1505E for further consideration by the Board of Supervisors.
D. Procedures for all applicants in the groundwater protection Overlay
District.
(1)
Except for applicants initially electing to submit an environmental assessment report as set forth in §
162-1505E, all other applicants for a permit or approval under §
162-1502A whose properties are located entirely or partially within the Groundwater Protection Overlay District, as defined in §
162-1505A, shall submit the following information to the Township:
(a)
A map, at a scale no smaller than one inch equals 100 feet indicating the location of the property and all proposed improvements thereon and their geographic relationship to the Township's Groundwater Protection Overlay District. The applicant shall utilize the carbonate area boundaries as described in §
162-1505A.
(b)
For areas proposed for grading, construction of buildings and
other improvements, the applicant shall submit information for such
areas, indicating the presence of any of the following carbonate features:
[2] Fissures, lineaments, faults or air photo fracture
traces.
[3] Lakes occurring after rainfall events.
[5] Seasonal high water tables.
[7] Soil molting, as defined by a soil scientist.
[9] Surface drainage entering the groundwater.
(c)
Such information may be based upon field surveys and/or published
data, but in either case shall be supported by an explanation of its
source including the qualifications of the individuals directly responsible
for preparing such information.
(d)
The applicant shall furnish a map indicating existing and proposed drainage conditions, the locations of existing private and public wells on adjoining properties and the locations and extent of all proposed uses and improvements cited in §
162-1505C.
(2)
The Township Engineer shall review the information provided by the applicant as required in §
162-1505D(1) and may make a site inspection of the property, having notified the applicant at least five days in advance of the inspection. The Township Engineer shall submit a memorandum report to the Board, presenting his findings with respect to the applicant's compliance with each and every standard in §
162-1505C, for which one of the following opinions shall be rendered:
(a)
Compliance. The application complies with the standard.
(b)
Compliance with additional conditions. The application would
comply with the standard, provided that certain additional conditions
were met by the applicant.
(c)
Noncompliance. The application does not comply with the standard.
(d)
Nondetermination. A determination of compliance cannot be made
on the basis of information provided by the applicant.
(3)
A copy of the Township Engineer's report shall also be forwarded to the applicant. Should that report contain findings of noncompliance or nondetermination, the applicant shall be permitted to submit an environmental assessment report to the Township in accordance with procedures set forth in §
162-1505E. Should the applicant fail to notify the Township, in writing, within the applicable time period of §
162-1505E(3) (including a written request for extension thereof if necessary), of his intent to submit an environmental assessment, all findings of nondetermination shall be acted upon by the Board in the same manner as findings of noncompliance.
E. Environmental assessment report.
(1)
All applicants filing an environmental assessment report shall prepare such a report in accordance with the provisions of this section. In such instances, the report shall provide additional information to the Township, demonstrating that the applicant can comply with all standards in §
162-1505C, one or more of such standards would not be applicable, given the conditions of the applicant's property or existing uses thereon, or that his proposed action poses no threat to public health or safety.
(2)
The format and contents of the environmental assessment report
shall be as follows:
(a)
Statement of purpose. This section shall indicate those standards in §
162-1505C being addressed in the report and whether the applicant is attempting to demonstrate compliance or justify noncompliance with those standards.
(b)
Description of existing conditions. This section shall present
a description of existing characteristics of the property with respect
to geology, topography, ground and surface water hydrology, soils,
vegetation, and existing improvements and uses.
(c)
Description of the proposed action. This section shall describe
the proposed action, including: types, locations and phasing of proposed
site disturbances and construction, as well as proposed future ownership
and maintenance of the property and the proposed improvements. Plans
describing the proposed action may either be included within or accompany
the environmental assessment report.
(d)
Proposed measures to control potential adverse environmental impacts. This section shall describe all measures proposed by the applicant to control all adverse impacts which may occur as a result of the proposed action. It shall address all impacts cited by the Township Engineer in his report on the application, prepared in accordance with procedures described in §
162-1505E.
(e)
List and qualifications of preparers. The names, addresses,
telephone numbers and qualifications of persons directly responsible
for preparing the environmental assessment shall be provided.
(f)
Appendices. Any additional information which the applicant wishes
to provide may be included in one or more appendices to the report.
(3)
The environmental assessment report must be received by the
Township no later than 30 days prior to the final date by which the
Township must formally act upon the application. The report shall
be submitted in six copies to the Township. The Township Engineer
shall review the report and submit his findings in a memorandum to
the Board. A copy of that memorandum shall be forwarded to the applicant.
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No. 2016-08-17-1]
A. For any use or activity subject to subdivision or land development review, as part of applicable plan submission, modification(s) may be requested to the provisions of this article. Requested modification(s) may be granted at the discretion of the Board of Supervisors pursuant to the provisions of Chapter
138, Subdivision and Land Development.
B. For any use or activity not subject to subdivision or land development
review, but subject to application for approval of a conditional use,
special exception, or zoning variance under the provisions of this
chapter, the applicant may request modification(s) to the provisions
of this article.
C. For any use or activity not falling within the scope of Subsection
A or
B, the applicant may request modification(s) to the provisions of this article in the form of an application for grant of a special exception by the Zoning Hearing Board. Such applications shall be submitted to the Planning Commission for review and comment prior to formal special exception application to the Zoning Hearing Board.
D. Applicants shall provide appropriate documentation in support of
their modification request, and the Board of Supervisors or Zoning
Hearing Board (as applicable) may request additional documentation
of an applicant, or of its municipal consultants, to help reach its
decision.
E. In consideration of approval of any applicant request for modification(s)
under this article, the following standards shall serve as the basis
for a decision:
(1)
That there are unique physical circumstances or conditions,
including but not limited to irregularity, narrowness, or shallowness
of lot size or shape, excessive frontage along a water body, presence
of existing buildings or structures, or exceptional topographical
or other physical conditions peculiar to the particular property.
That because of such physical circumstances or conditions, it is impracticable
for the property to be developed in strict conformity with the buffer
requirements of this article and that the approval of the modification
is therefore necessary to enable the reasonable use of the property
under base zoning provisions.
(2)
That the modification, if approved, will result in the minimum reduction in performance of the natural resource, pursuant to the purposes set forth in §
162-1501, as needed, to provide for the lawful intended use.
F. No alteration of the use regulations set forth in this article shall be authorized as modification pursuant to this §
162-1506. Any such requested alteration shall constitute an application for a variance, meeting all applicable requirements for same, to be submitted to the Zoning Hearing Board.