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superseded by Section 102 of the Pennsylvania State Code.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.
A.
It shall be a violation of this chapter to regrade, fill, pipe, divert,
channel, build upon, or otherwise alter or disturb a natural resource
protected by this article prior to the submission, review, and approval
of:
(1)
Applications for zoning or building permits;
(2)
Subdivision or land development plans;
(3)
Conditional use or special exception approvals;
(4)
Zoning variances;
(5)
Timber harvesting plans; or
(6)
Any other applicable permit or approval required by the Township
that would involve disturbance of natural resources protected in this
article.
B.
In the event that two or more resources overlap, the resource with
the greatest protection standard (the least amount of alteration,
regrading, clearing, or building) shall apply to the area of overlap.
C.
Where disturbance of a natural resource is permitted, it shall not
take place until it has been determined by the Township Engineer,
or other professional as designated by the Township, that such disturbance
is consistent with the provisions of this article and other applicable
ordinance provisions.
D.
Restrictions to the disturbance of resources shall apply before,
during, and after construction on a site.
E.
Plan information required by this article shall be verified as correct
by the Township Engineer or other qualified professional as determined
by the Township Engineer.
B.
Steep slope protection standards.
(1)
Steep slope areas, whether natural or man-made, shall be preserved
in their original state whenever possible. Where construction of roads,
buildings, driveways, or infrastructure cannot be avoided, disturbance
shall be kept to the minimum necessary and, in no case, shall it exceed
the following permitted disturbance limits for any lot, or tract:
(a)
Moderately steep slopes (15% to 25% slope). No more than 30%
of moderately steep slopes shall be regraded, removed, built upon,
or otherwise altered or disturbed.
(b)
Prohibitively steep slopes (greater than 25% slope). No more
than 15% of prohibitively steep slopes shall be regraded, removed,
built upon, or otherwise altered or disturbed. In addition, the disturbance
permitted on prohibitively steep slopes shall be limited to the following
activities:
[1]
Grading for the minimum portion of a road or driveway
necessary for access to the principal use and sewer, water, and other
utility lines when it can be demonstrated that no other routing is
feasible.
(2)
Slopes shall be measured as the change in elevation over the
horizontal distance between consecutive contour lines and expressed
as a percent. For the purpose of application of these regulations,
regulated slope shall be moderately and prohibitively steep slopes
measured over three or more two-foot contour intervals (six cumulative
vertical feet of slope). All slope measurements shall be determined
by a topographic survey signed and sealed by a registered surveyor
or engineer licensed to practice in the Commonwealth of Pennsylvania.
(3)
In steep slope areas, each building or structure shall be constructed
in such a manner as to provide the least alteration necessary of the
existing grade, vegetation, and natural soils condition. Excessive
cut and fill shall be avoided. New roads and improvements to existing
roads should be designed within the existing contours of the land
to the extent possible and strive for compatibility with the character
of rural roads.
(4)
Finished slopes of permitted cut and fill shall not exceed 33%
slope unless the applicant can demonstrate the method by which steeper
slopes can be stabilized and maintained adequately.
(5)
All stockpiles of earth intended to be stored for more than
21 days shall be seeded or otherwise stabilized to the satisfaction
of the Township Engineer. Any disturbed area of very steep slopes
or any cut and fill resulting in slopes of greater than 25% shall
be protected with an erosion control blanket.
(6)
Any disturbance of land shall be in compliance with the erosion and sedimentation control standards of Chapter 138, Subdivision and Land Development, Township stormwater management regulations, and Pennsylvania Department of Environmental Protection, Title 25, Chapter 102.
(a)
An erosion and sedimentation control plan and soil stabilization plan shall be submitted consistent with the requirements of Chapter 138, Subdivision and Land Development, Township stormwater management regulations, and other applicable stormwater management regulations.
(b)
The plan shall demonstrate how soil will be protected from erosion
during construction and how soil will be stabilized upon the completion
of construction.
(7)
Where the following information has not been previously submitted
as part of the subdivision or land development plan application, such
information shall be submitted to the Township with building permit,
conditional use, special exception, zoning, or other permit applications,
when applicable:
C.
Woodland, hedgerow, and specimen vegetation protection standards.
(1)
Specimen vegetation. Specimen vegetation shall not be removed from any lot or tract except where the applicant demonstrates to the satisfaction of the Board of Supervisors that such removal is essential to eliminate a hazardous condition(s) or otherwise permit lawful use of the lot or tract and where no alternative exists; where permitted, removal of specimen vegetation shall be minimized. The desire to maximize development of a lot or tract shall not be adequate justification to remove specimen vegetation. Specimen trees to be retained may be credited toward tree replacement required by § 138-530B of Chapter 138, Subdivision and Land Development.
(2)
Woodlands and hedgerows.
(a)
Unless undertaken as an approved timber harvesting operation conducted in compliance with the requirements of § 162-1503, the following disturbance limitations shall apply:
(b)
In determining where permitted woodland disturbance will occur,
the following factors shall be considered by the applicant and Township:
[1]
The location(s) and benefit of conservation of
healthy mature woodland stands shall be considered.
[2]
Each building or structure shall be constructed
in such a manner as to provide the least alteration or disturbance
necessary of the existing woodland or hedgerow. Where possible, clear-cutting
shall be minimized and trees shall be selectively removed.
[3]
Where possible, the remaining undisturbed woodlands
and other vegetation shall interconnect with woodlands or wooded areas
of adjacent properties to preserve continuous woodland corridors and
allow for the normal movement, dispersion, and migration of wildlife.
The applicant shall consider the impacts, in terms of functions and
values to wildlife, of separating, dividing, or encroaching on wildlife
travel corridors or extensive habitat areas, especially woodlands
exceeding 10 acres in area.
[4]
In each situation where the standards of this section
are applied, consideration shall be given to balancing the benefits
of woodland preservation with other valuable resources on the site,
including scenic views. The Township shall not unreasonably restrict
woodland disturbance where limited disturbance may permit siting of
buildings in less visually obtrusive areas of the tract.
(3)
Protection of woodlands and specimen vegetation to remain on site. Woodlands, hedgerows, individual trees, and other vegetation that are to remain on the site shall be identified on the plan and protected from land disturbance and construction activities in accordance with the tree protection provisions of § 138-530C, Protection of vegetation from mechanical injury and grading change, of Chapter 138, Subdivision and Land Development.
D.
Timber harvesting regulations.
(1)
Timber harvesting operation shall only be undertaken in accordance
with a timber harvesting plan approved by the Township.
(a)
All timber harvesting plans shall be submitted to the Township
for review for compliance with the standards set forth herein not
less than 21 days prior to commencement of the timber harvesting operation.
Within 14 days of submission of a timber harvesting plan to the Township,
and based on review for compliance with the standards set forth herein,
the Zoning Officer shall indicate to the applicant approval or denial
of the submitted plan or approval subject to reasonable conditions.
(b)
The Township may retain a forester certified by the American
Society of Foresters to review the timber harvesting plan and comment
on its adequacy in meeting the intent of these regulations.
(2)
Timber harvesting plans submitted to the Township for review
and approval shall include the following information:
(a)
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;
(b)
Significant natural features on the property including steep
slopes, wetlands, and riparian buffer zones;
(c)
Identification of specimen vegetation as defined by this chapter;
(d)
Description of how long-term sustainability of the timber harvesting
operation and regeneration of the woodlands will be achieved;
(e)
The general location of the proposed operation in relation to
municipal and state highways and any proposed accesses to those highways;
(f)
Design, construction, maintenance, and retirement of the access
system, including haul roads, skid roads, skid trails, and landings;
(g)
Design, construction, maintenance, and retirement of water control
measures and structures such as culverts, broad-based dips, filter
strips, and water bars; and
(h)
Design, construction, maintenance, and retirement of proposed
stream and wetland crossings.
(3)
Any permits required by any other agency under any applicable
regulation shall be the responsibility of the landowner or timber
harvesting operator as applicable. Copies of all required permits
shall be submitted to the Township prior to commencement of the timber
harvesting operation.
(4)
The Township Engineer, Zoning Officer, and/or Township Forester
shall be permitted access to the site of any timber harvesting operation
before, during, or after active timber harvesting to review, inspect
and ascertain compliance with the provisions set forth herein.
(5)
The following management practices shall apply to all timber
harvesting operations:
(a)
Felling or skidding across any public thoroughfare is prohibited
without the express written consent of the Township or PennDOT, whichever
is responsible for the maintenance of said thoroughfare.
(b)
No tops or slash shall be left within 25 feet of any public
thoroughfare or private roadway.
(c)
Litter resulting from a timber harvesting operation shall be
removed from the site before it is vacated by the operator.
(d)
The operation shall not cause harm to the environment or any
other property.
(6)
Timber harvesting operations shall not be permitted within any
Zone One riparian buffer. Clear-cutting or grubbing shall not be permitted
within any Zone One or Two riparian buffer, the Flood Hazard District,
or on very steep slopes.
(7)
Upon determination that a timber harvesting operation is in
violation of these regulations, each day where any violation occurs
shall constitute a separate violation subject to the provisions of
this chapter.
E.
Water body/riparian buffer protection standards. The provisions of
this section shall not apply to the footprints of existing primary
and accessory uses, including but not limited to all agricultural
uses and research related thereto, buildings, transportation facilities,
fences, lawns, gardens, utility lines, roads, driveways, sidewalks,
bikeways, decks, piers, water, septic and sewage supply facilities
and their related appurtenances (well houses, utility pump and lift
stations, manholes, etc.).
[Amended 3-19-2014 by Ord. No. 2014-3-19-1; 8-17-2016 by Ord. No. 2016-08-17-1]
(1)
The riparian buffer shall consist of two zones: Zone One, Inner Riparian Buffer, and Zone Two, Outer Riparian Buffer. The provisions of Subsection E(2) and (3) below shall determine the specific widths of the individual riparian buffer zones. The total riparian buffer, consisting of Zone One and Zone Two, shall be a minimum of 100 feet from the edge of a water body, or shall equal the extent of the 100-year floodplain, whichever is greater. Under specific circumstances, where steep slopes occur, additional buffer width may be required in accordance with Subsection E(5) below.
|
Figure 15-1: Typical Riparian Buffer Scenario
 |
(2)
Zone One - Inner Riparian Buffer. This zone shall begin at each
edge of a water body and shall extend landward a minimum width of
50 feet, measured horizontally on a line perpendicular to the nearest
edge of the water body at bankfull flow, as reviewed and approved
by the Township Engineer. Where prohibitively steep slopes (+25%)
are located within 50 feet of the edge of a water body, Zone One shall
be extended to include the entirety of the prohibitively steep slopes
up to the total buffer width of 100 feet on either side of the subject
water body. Under such circumstances, the Zone One buffer may constitute
the total riparian buffer and the restrictions of the Zone One buffer
shall apply. If the distance is less than 100 feet, but greater than
50 feet, the width of Zone Two will be adjusted so that the total
riparian buffer with (Zone One and Zone Two) is 100 feet. With the
exception of those uses or activities listed below, no woodland disturbance,
land disturbance, or timber harvesting shall be permitted within the
Zone One riparian buffer shall not be regraded, filled, built upon
or otherwise altered or disturbed:
(a)
Regulated activities permitted by the commonwealth, Army Corps
of Engineers or other federal agency (i.e., permitted stream or wetland
crossing);
(b)
Wildlife sanctuaries, nature preserves, forest preserves, fishing
areas, and passive areas of public and private parklands;
(c)
Provision for stone-dust or unpaved trail and trail access;
(d)
Selective removal of hazardous or invasive alien vegetative
species;
(e)
Temporary stream restoration projects, stream bank restoration
projects and vegetation management to restore the stream or riparian
zone to an ecologically healthy stage utilizing natural channel design
practices to the greatest degree possible. The project shall be conducted
in accordance with an approved landscape plan or open space management
plan, to include project duration and timing;
(f)
A soil conservation project approved by the Chester County Conservation
District;
(g)
Removal of hazardous material or septic system, junk material,
overhanging tree or diseased tree; or
(h)
Research and monitoring devices, such as staff gages, water
recording, water quality testing, cross vanes, weirs and related demonstration
facilities.
(3)
Zone Two - Outer Riparian Buffer. This zone begins at the outer edge of the Zone One riparian buffer and extends further landward to a minimum total width of 100 feet including Zone One. However, where Zone One is greater than 50 feet due to the presence of prohibitively steep slopes per Subsection E(2) above, Zone Two shall cover the remaining distance necessary to achieve a total 100-foot riparian buffer. The following activities shall be permitted by right, provided that no more than 20% of a Zone Two riparian buffer on the lot that is affected shall be regraded, filled, built upon, or otherwise altered or disturbed:
(4)
The following uses and activities are prohibited within the
riparian buffer (both Zones One and Two) except with approval by the
Township (through conditional use or special exception, as applicable,
as determined by the Township) and, if required, the Pennsylvania
Department of Environmental Protection (e.g., disturbance for stream
bank restoration to repair damage from flooding or erosion). Such
uses and activities, listed below, shall also comply with the standards
herein:
(b)
Soil disturbance by grading, stripping, or other practices.
(c)
Use of fertilizers, pesticides, herbicides, and/or other chemicals,
except:
[1]
Where permitted by a valid conservation plan, forest
management plan, or approved planting and maintenance plan [see § 162-1503E(7)
below];
[2]
For selective herbicide application by a qualified
professional to control noxious weeds and invasive species of plants
in riparian buffers;
[3]
For the use or organic, slow-release fertilizers.
(d)
Housing, grazing or other maintenance of livestock, including
horses, with the exception of such activity adjacent to a pond not
connected to a water body.
(e)
Structures that, by their nature, cannot be located anywhere
except within the riparian buffer. These structures shall include
docks, boat launches, public water supply intake structures, facilities
for domestic water quality treatment and purification and public wastewater
treatment plant sewer lines and outfalls. The structures shall provide
for the minimum practicable disturbance of the riparian buffer by
minimizing size and location and by taking advantage of collocation,
if possible.
(f)
Road crossings (when perpendicular to the stream or buffer),
bridges, culverts, utilities, and impoundments.
(g)
Provision for paved trail and related trail access when determined
by the Township to result in minimum disturbance to existing trees
and shrubs.
(h)
Stormwater conveyance structures and outfalls may be located
in Zone Two only, upon receipt of a special exception or conditional
use, as applicable.
(5)
The following land uses and or activities are designated as
potential water pollution hazards and shall be set back from any watercourse
or water body by the distance indicated below. Where more restrictive,
the requirements of the Flood Hazard Overlay District shall apply:
(a)
Storage of hazardous substances: 150 feet.
(b)
Above- or below-ground petroleum storage facilities: 150 feet.
(c)
Drainfields from on-site sewage disposal and treatment system:
100 feet.
(d)
Raised septic systems: 250 feet.
(e)
Solid waste landfills or junkyards: 300 feet.
(f)
Confined animal feedlot operations: 250 feet.
(g)
Subsurface discharges from a wastewater treatment plant: 100
feet.
(6)
Buffer restoration and planting requirements. Such restoration is encouraged throughout the Township and required under the terms of § 162-1502A, above.
(a)
All riparian buffer areas shall be continually maintained with a dominant mix of native trees, shrubs, and/or herbaceous plants so as to constitute a forested riparian buffer where not otherwise occupied by any existing use excepted in accordance with § 162-1503E, or any authorized use permitted in § 162-1503E(2) through (4).
(b)
Impacted riparian buffer areas shall be restored by an applicant to a forested riparian buffer, as a condition of approval of any final subdivision plan, final land development plan, or building or zoning permit approval, except as provided in Subsection F, through invasive removal and planting of a diverse mix of native tree and shrub species as follows:
[1]
The applicant shall restore the first 100 feet
of the impacted buffer area.
[2]
Where the applicant is permitted by the Township to disturb up to 20% of Zone Two, as set forth in § 162-1505E(3) and (4), planting shall not be required within the 20% land area.
(c)
Restoration of the impacted riparian buffer shall occur as follows:
[1]
Zone One. Predominant vegetation must be composed of a variety of native tree species planted in accordance with Subsection D below.
[2]
Zone Two. Predominant vegetation must be composed of a variety of native riparian tree and shrub species planted in accordance with Subsection D below. For restoration adjacent to impaired water bodies, in addition to the planting requirements for Zone One, managed native trees and shrubs must occupy at least the first 50 feet of Zone Two, beginning at the outer edge of Zone One.
[3]
Restoration plantings shall be planted at a density
sufficient to provide 300 trees per acre at maturity. To achieve this
density, no less than 350 (@ approximately ten-foot-by-ten-foot spacing)
trees per acre should be planted initially. The following guide is
recommended for tree spacing and density based on plant size at installation:
[a]
Seedlings: six-foot to 10-foot spacing (approximately
700 seedlings/acre).
[b]
Bare root stock: 14-foot to 16-foot spacing (approximately
200 plants/acre).
[c]
Larger and container: 16-foot to 18-foot spacing
(approximately 150 plants/acre).
|
Additional planting guidance may be obtained from PADEP's
Bureau of Watershed Management Document Number 394-5600-001, entitled
"Riparian Forest Buffer Guidance, November 27, 2010."
|
(d)
Applicants shall submit, and as a condition of approval of any
final subdivision plan, final land development plan, or permit, implement
a planting and maintenance plan for the impacted riparian buffer.
The plan shall be prepared by a registered landscape architect or
professional plant ecologist. The plan shall identify the number,
density and species of native trees and shrubs appropriate to the
geographic location that will achieve a minimum of 60% uniform canopy
coverage and describe the maintenance program to be conducted by the
buffer owner for a minimum of five years, include measures to initially
remove, and thereafter control, invasive species, control deer and
rodent damage, and require replacement of deceased trees for a minimum
of the first three years.
(e)
Any riparian buffer that is included within a lot created after
the effective date of this chapter shall include as a condition of
approval of the subdivision creating the lot, a restrictive covenant
approved by the municipal solicitor, and recorded with the final subdivision
or land development plan and the deed for the lot. The restrictive
covenant shall clearly define the riparian buffer area, shall include
binding provisions for the adequate long-term functioning and integrity
of the riparian buffer, and shall include a requirement for notification
of all subsequent lot owners of its restrictive nature.
(f)
Restoration to a forested riparian buffer shall not be required
for issuance of a building permit for a single-family residence or
addition thereto.
F.
Wetland protection standards.
(1)
Any applicant proposing a use, activity, or improvement which
would entail the regrading or placement of fill or structures (if
otherwise permitted) in wetlands shall provide the Township with proof
that the Pennsylvania Department of Environmental Protection (Bureau
of Dams and Waterway Safety and Bureau of Water Quality Management)
and the U.S. Army Corps of Engineers have been contacted to determine
the applicability of state and federal wetland regulations. Any applicant
contacted by the Pennsylvania Department of Environmental Protection
or the U.S. Army Corps of Engineers shall provide to the Township
a copy of such correspondence within five working days of receipt.
(2)
Wetlands shall not be regraded, filled, piped, diverted, channeled,
built upon, or otherwise altered or disturbed except where state or
federal permits have been obtained.
(3)
Wetland protection standards shall apply to lakes and ponds.
(4)
Delineation of wetlands. The applicant shall provide a wetlands
delineation report consistent with the following requirements:
(a)
A full wetland delineation report conducted by a qualified wetland
biologist, soil scientist, or environmental professional of demonstrated
qualifications shall be submitted to the Township.
(b)
The wetland report shall include a determination of whether
wetlands are present on the site and a full delineation, area measurement
(in square feet), and description of any wetlands determined to be
present. If there is a question as to the accuracy of the wetland
delineation report, the Township may hire a qualified consultant to
review the delineation and recommend revisions at the applicant's
expense.
(c)
Such a professional shall certify that the methods used correctly
reflect the currently accepted technical concepts, including identification
and analysis of wetland vegetation, hydric soils, and hydrologic indicators.
Methods used in the delineation report shall be acceptable to the
Township Engineer or other qualified consultant hired by the Township.
(d)
If no wetlands are found on the site, a note shall be added
to the preliminary and final plans stating that "This site has been
examined by (name and address with a statement of submitted qualifications),
and no wetlands as defined by the U.S. Army Corps of Engineers Wetlands
Delineation Manual, Technical Report Y-87-1, January 1987 (or most
currently used manual), were found to exist."
G.
Wetland margin protection standards.
(1)
The wetland margin shall extend a minimum of 50 feet from the
outer limits of the wetland boundary. With the exception of those
uses or activities listed below, no more than 20% of a wetland margin
shall be altered, regraded, filled, built upon, or otherwise altered
or disturbed.
(a)
Regulated activities permitted by the commonwealth, Army Corps
of Engineers, or other federal agency (i.e., permitted stream or wetland
crossing);
(b)
Provision for unpaved trail and trail access;
(c)
Selective removal of hazardous or invasive alien vegetative
species;
(d)
Vegetation management in accordance with an approved landscape
plan or open space management plan;
(e)
A soil conservation project approved by the Chester County Conservation
District; or
(f)
Removal of hazardous material or septic system, junk material,
or a diseased tree.
(2)
Wetland margin protection standards shall apply to lake and
pond shorelines.
(3)
In addition, any Department of Environmental Protection's
regulations under Chapter 105 concerning activities in wetlands margins
shall be met.
A.
Plan information. In order to ensure compliance with the natural resource protection standards of § 162-1503 of this chapter, the following information shall be provided with the submittal of applications or plans listed under § 162-1502A when land disturbance is contemplated. In those cases where a limited amount of the site will be subject to disturbance, the Zoning Officer may determine the area of land to be shown on the plan information that will adequately demonstrate compliance with the natural resource protection standards of this article.
(2)
Any additional documentation as may be required by § 162-1503 to ensure compliance with the stated resource protection standards.
(3)
The following table (Table 15-2) indicating the area of the
site with natural resources that would be disturbed or encroached
upon shall be required. The figures of Column D (Proposed Disturbance)
shall be less than or equal to the corresponding figures of Column
C (Maximum Disturbance Allowance)
|
Table 15-2
Example Disturbance Table
| ||||
|---|---|---|---|---|
|
Protected Resource*
|
A
Maximum Disturbance Allowance
|
B
Area of Land in Protected Resources
|
C
Maximum Area of Permitted Disturbance (Area x Disturbance Allowance)
|
D
Proposed Area of Disturbance
|
|
Floodplains/Flood Hazard District
|
0%
| |||
|
Steep slopes: 15% to 25%
|
30%
| |||
|
Very steep slopes: > 25%
|
15%
| |||
|
Riparian buffer Zone One
|
0%
| |||
|
Riparian buffer Zone Two
|
20%
| |||
|
Woodlands: residential
|
35%
| |||
|
Woodlands: nonresidential
|
50%
| |||
|
Watercourses or streams
|
0%
| |||
|
Wetlands
|
0%
| |||
|
Wetlands margin
|
20%
| |||
|
TOTAL
| ||||
|
*
|
Where resources overlap, the overlapping area shall be included
in the more restrictive resource category.
|
B.
Minimum buildable area.
(1)
The purpose of the identification of the minimum buildable area
is to ensure sufficient area is provided for the general location
of the building, driveway, patio, other improvements and site alterations
while meeting the natural resource protection standards and minimum
setback requirements of this chapter.
(2)
Within any proposed subdivision, for uses other than, subdivisions utilizing the open space design options of Article XVIII and mobile home parks, all single-family detached residential lots shall have a contiguous minimum buildable area as indicated below (Table 15-3):
|
Table 15-3
Minimum Building Areas
| |||
|---|---|---|---|
|
Zoning District
|
Minimum Lot Size
|
Minimum Buildable Area
(square feet)
|
Maximum Lot Coverage
|
|
R-1
|
3 to 5 acres
|
9,000
|
12% to 15%
|
|
R-2
|
2 to 3 acres
|
8,000
|
12% to 15%
|
|
R-3
|
1 acres
|
5,000
|
15%
|
|
R-4
|
1 acre (on-lot sewer/water); 20,000 square feet (public sewer/water)
|
3,500
|
20%
|
|
R-5
|
1 acre (on-lot sewer/water); 17,500 square feet (public sewer/water)
|
3,000
|
25%
|
|
VR
|
1 acre (on-lot sewer/water); 17,500 square feet (public sewer/water)
|
2,500
|
25%
|
(3)
Where the option of lot averaging is chosen, all lots which
are less than or equal to one acre in size shall have a contiguous
minimum buildable area of at least 20% of the lot area. All lots which
are greater than one acre in size shall have a contiguous buildable
area of at least 10% of the lot area.
C.
On-lot sewage systems. For uses with individual on-lot sewage systems, a 2,000 square foot or larger area, in addition to the minimum buildable area specified in Subsection B above, shall be identified for the location of the sewage system. Where applicable, a reserve or replacement area of 2,000 square feet shall also be identified. Such area(s) shall not include natural features with a 0% maximum disturbance limit and the portion of those natural features that may not be developed or intruded upon as specified in § 162-1504A, Table 15-2.
D.
Continued protection of identified natural resources. To ensure the
continued protection of identified natural resources, the following
requirements shall apply:
(1)
Protected resources on individual lots.
(a)
For natural resource protection areas on individual lots, restrictions
meeting Township specifications shall be placed in the deeds for each
site or lot that has natural resources protection areas within its
boundaries. It shall be clearly stated in the individual deeds that
the maintenance responsibility lies with the individual property owner
and that the Township shall have the right to enter the property for
the purpose of correcting violations and may charge the homeowner
for costs associated with bringing such violations into compliance.
The restrictions shall provide for the continuance of the resource
protection areas in accordance with the provisions of this chapter.
(b)
Other mechanisms for ensuring the continued protection of identified
resources, such as conservation easements, may also be considered
and used if approved by the Township.
(2)
Protected resource areas held in common. For natural resources protection areas held in common, the provisions of Article XVIII shall apply. In addition to the provisions of Article XVIII, restrictions meeting Township specifications shall be placed on the natural area to be held in common. The party or organization responsible for the maintenance of the natural area shall be clearly identified in the deed. The restrictions shall provide for the continuance of the resource protection areas in accordance with the provisions of this chapter. In addition, restrictions on protected areas shall be included in the development's declaration of covenants, easements or restrictions or similar documents regulating the use of property and setting forth methods for maintaining open space. A copy of such documents shall be provided to the Township.
(3)
Changes to approved plans. All applicable plans and deeds shall include the following wording: "Any structures, infrastructure, utilities, sewage disposal systems or other proposed land disturbance indicated on the approved final plan shall only occur at the locations shown on the plan. Changes to such locations shall be subjected to additional review and re-approval and shall be consistent with the natural resource protection standards of Article XV of the Pennsbury Township Zoning Ordinance."
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,[1] and with all applicable regulations of the Pennsylvania
State Police, Fire Marshal Division.
[1]
Editor's Note: See 35 P.S. § 6021.101 et seq.
(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:
[1]
Depressions.
[2]
Fissures, lineaments, faults or air photo fracture
traces.
[3]
Lakes occurring after rainfall events.
[4]
Outcrops of bedrock.
[5]
Seasonal high water tables.
[6]
Sinkholes.
[7]
Soil molting, as defined by a soil scientist.
[8]
Springs.
[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.
(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.
[Added 8-17-2016 by Ord.
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.
