[Amended 8-7-1995 by Ord. No. 345]
In expansion of the statement of community development objectives in §
300-2 of this chapter, the specific intent of the SS Steep Slope Conservation District shall be to conserve and protect those areas having steep slopes, as defined herein, from inappropriate development and excessive grading, as well as to permit and encourage the use of said areas for open space purposes so as to constitute a harmonious aspect of the continuing physical development of Upper Providence Township. In implementing these principles and the general purposes of the Comprehensive Plan, the Open Space and Recreation Plan, the Open Space and Environmental Resource Protection Plan and this chapter, the following specific objectives are intended to be accomplished by the adoption of the Steep Slope Conservation District:
A. To combine with
other zoning requirements, as an overlay, certain restrictions for
steep slope areas to promote the general health, safety and welfare
of the residents of Upper Providence Township.
B. To prevent inappropriate
development of steep slope areas in order to avoid potential dangers
for human usage caused by erosion, stream siltation, soil failure
leading to structural collapse or damage and/or unsanitary conditions
and associated hazards.
C. To minimize
danger to public health and safety by promoting safe and sanitary
drainage.
D. To permit only
those uses that are compatible with development of steep slope areas
in order to avoid accelerated erosion, soil failure, accelerated seepage
or other conditions which may create a danger to life and/or property.
E. To permit only
those uses in steep slope areas that are compatible with the preservation
of existing natural features, including vegetative cover, by restricting
the grading of steep slope areas.
F. To promote the
ecological balance among those natural system elements, such as wildlife,
vegetation and aquatic life, that could be adversely affected by inappropriate
development of steep slope areas.
G. To prevent development
that would cause excessive erosion and a resultant reduction in the
water-carrying capacity of the watercourses which flow through or
around the Township, with the consequences of increased flood crests
and flood hazards within the Township and to both upriver and downriver
municipalities.
H. To protect individuals
and adjacent landowners in the Township and/or other municipalities
from the possible harmful effects of inappropriate grading and development
on steep slope areas.
I. To protect those
individuals who choose, despite the cited dangers, to develop or occupy
land with steep slopes.
J. To protect the
entire Township from inappropriate development of steep slope areas,
which could have an effect upon subsequent expenditures for public
works and disaster relief and, thus, adversely affect the economic
well-being of the Township.
K. To promote the
provision of safe and reliable accessways, parking areas and utility
systems serving development on or around steep slope areas, where
more sensitive grading and siting is essential.
The SS Steep Slope Conservation District is
defined and established as follows:
A. Those areas
having naturally-occurring slopes of 15% or greater, as defined by
a field-generated topographic survey using two-foot interval contours
and which have an elevation difference of at least six feet. All areas
having man-made slopes (including, without limitation, berms and earthen
berms) are excluded from the SS — Steep Slope Conservation District.
Classification of steep slope areas as "man-made slopes" or "naturally-occurring
slopes" shall be the authority of the Township Engineer.
[Amended 8-7-1995 by Ord. No. 345; 3-15-2021 by Ord. No. 588]
B. Those areas referred to in Subsection
A herein shall be plotted if, as and when feasible on the
Zoning Map to indicate the approximate boundaries of the Steep Slope Conservation District.
C. The
Zoning Map, including any additional steep slope areas plotted upon it as referenced in Subsection
B of this section, shall be available to the public in the Township Building.
[Amended 8-7-1995 by Ord. No. 345]
D. Whenever there is a difference between the
Zoning Map and the steep slopes based upon data provided in accordance with the provisions of Subsection
A of this section, said data shall determine the boundaries of the Steep Slope Conservation District.
[Amended 8-7-1995 by Ord. No. 345]
E. All subsequent changes in the boundaries of the Steep Slope Conservation District shall be plotted if, as and when feasible on the
Zoning Map as amendments thereto.
The Steep Slope Conservation District shall
be deemed to be an overlay on any zoning district(s) now or hereafter
enacted to regulate the use of land in Upper Providence Township.
A. The Steep Slope
Conservation District shall have no effect on the permitted uses in
the underlying zoning district, except where said uses intended to
be located within the boundaries of the Steep Slope Conservation District,
as defined herein, are in conflict with the permitted uses set forth
in this article.
B. In those areas
of Upper Providence Township where the Steep Slope Conservation District
applies, the requirements of the Steep Slope Conservation District
shall supersede the requirements of the underlying zoning district(s).
C. Should the Steep
Slope Conservation District boundaries be revised 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 this
article.
D. Should the zoning
classification(s) of any parcel or any part thereof on which the Steep
Slope Conservation District is an overlay 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 Conservation District, unless an amendment to said boundaries
was included as part of the proceedings from which the subsequent
change(s) originated.
An initial determination as to whether or not
the Steep Slope Conservation District applies to a given parcel shall
be made by the Zoning Officer.
A. Any party aggrieved by the decision of the Zoning Officer, either because of an interpretation of the exact location of the Steep Slope Conservation District boundary or because the criteria used in delineating the boundary, as set forth in §
300-133 herein, is or has become incorrect because of changes due to natural or other causes, may appeal said decision to the Zoning Hearing Board as provided for in Article
II of this chapter.
B. The burden of proving the incorrectness of the Zoning Officer's decision shall be on the appellant, except as set forth in §
300-138 of this article.
In the SS Steep Slope Conservation District,
the following land use and development regulations shall apply:
A. The Steep Slope
Conservation District shall not apply to lands having a slope of less
than 15%, as defined herein, nor shall it apply to any land having
a man-made slope. However, the use and development of land in such
areas shall still be governed by the standards of the underlying zoning
district(s) and the minimum acreage requirements of Chapter 102, Erosion
and Sediment Control, of Title 25 of the Pennsylvania Code, the Clean
Streams Law, P.L. 1987, 35 P.S. § 691.1 et seq., and any
subsequent amendments thereto.
[Amended 3-15-2021 by Ord. No. 588; at time of adoption of
Code (see Ch. 1, General Provisions, Art. I)]
B. The Steep Slope Conservation District shall apply to lands having a naturally-occurring slope of 15% or more, as defined herein, and only those uses permitted in §§
300-137 and
300-138 of this article shall be permitted. Furthermore, all applications for development on said areas as permitted in §
300-138 of this article shall be accompanied by an erosion and sedimentation control plan, notwithstanding the minimum acreage requirements of Chapter 102, Erosion Control, of the Clean Streams Law, P.L. 1987, and any subsequent amendments thereto. The plan shall comply with the erosion and sediment control practices set forth by the Pennsylvania Department of Environmental Protection, as well as other recognized conservation practices.
[Amended 6-2-2008 by Ord. No. 490; 3-15-2021 by Ord. No. 588]
C. In evaluating
the proposed development plan, the erosion and sediment control plan
and any additional information submitted by the applicant in support
of the application, the Township Planning Commission, the Township
Engineer and the Zoning Hearing Board, where appropriate, shall consider
the following factors:
(1) The percent
of slope on the site.
(2) The extent
and proposed disturbance of the existing vegetative cover on the site.
(3) The soil
types and underlying geology of the site.
(4) The length
or extent of the slope both on the site in question and on adjacent
lands within 200 feet of the site.
(5) Evidence
that the proposed development, any impervious ground cover and the
resultant disturbance to the land and existing vegetative cover will
not cause excessive runoff and/or related environmental problems.
The following uses shall be permitted in the
Steep Slope Conservation District without the submission of an erosion
and sediment control plan:
A. Wildlife sanctuaries,
woodland preserves, arboretums and passive recreation areas, including
parks but excluding enclosed structures.
B. Game farms or
hunting preserves for the protection and propagation of wildlife,
but excluding enclosed structures.
C. Forestry and
reforestation in accordance with recognized soil conservation practices.
D. The pasture
and controlled grazing of animals in accordance with recognized soil
conservation practices.
E. Recreational
uses such as parks with such activities as hiking, bicycle and bridle
trails, camps and picnic areas, but excluding enclosed structures.
F. Outdoor plant
nurseries or orchards in accordance with recognized soil conservation
practices.
G. The cultivation
and harvesting of crops in accordance with recognized soil conservation
practices.
H. Nonstructural
accessory uses, except swimming pools, necessary for the operation
and maintenance of the above-permitted uses.
I. Similar uses
to the above which are in compliance with the intent of this article.
The following uses shall be permitted by a special exception from the Zoning Hearing Board, upon the submission of an erosion and sediment control plan and supporting evidence as set forth in §
300-136C of this article.
A. Front, side and rear yards and required lot areas in the underlying zoning district(s), provided that such yards are not to be used for an on-site sewage disposal system, unless said system meets the applicable requirements of Subsection
E below.
B. Sealed public
water supply wells, with the approval of the Township Engineer and
the Pennsylvania Department of Environmental Protection.
[Amended 6-2-2008 by Ord. No. 490]
C. Sanitary or
storm sewers and impoundment basins, with the approval of the Township
Engineer and the Pennsylvania Department of Environmental Protection.
[Amended 6-2-2008 by Ord. No. 490]
D. Underground
utility transmission lines.
E. On-site sewage
disposal systems, when constructed in compliance with the Act 208
amendments to Act 537, the Pennsylvania Sewage Facilities Act.
F. Roads, access
driveways and parking facilities, but only when no viable alternative
alignment or location is feasible, upon the determination of the Township
Engineer.
G. Those principal
and accessory uses, except swimming pools, permitted in the underlying
zoning district, but only when no viable alternative location is feasible,
upon the determination of the Township Engineer.
The following uses shall be prohibited within
the boundaries of the Steep Slope Conservation District:
A. Freestanding structures, buildings and retaining walls, unless no alternative location is feasible, as set forth in §
300-138G of this article.
B. Roads, access driveways and parking facilities, unless no alternative alignment or location is available, as set forth in §
300-138F of this article.
C. The filling or removal of topsoil, except when related to an activity approved by special exception, as set forth in §
300-138 of this article.
E. Dumps, junkyards
or other outdoor storage of vehicles and materials.
For any use of land in the Steep Slope Conservation
District, excepting uses existing as of the date of enactment of this
chapter, an application for a steep slope use permit shall be filed
with the Zoning Officer who shall make an initial determination on
the application.
A. For a use other than those permitted in §
300-137, an application seeking approval by special exception shall be forwarded to the Zoning Hearing Board along with the required studies or information and the findings of the Zoning Officer.
B. Any application concerning a use permitted by special exception in §
300-138 of this article shall be accomplished by the following information:
(1) A plan certified
by a registered professional engineer which accurately locates the
proposed use with respect to the Steep Slope Conservation District
boundaries and the existing development within 200 feet of the proposed
use, together with all pertinent information such as the nature of
the proposal, legal description of the property, topographical elevations
in two-foot intervals and sediment and erosion control measures required
by the provisions of this article.
(2) The following
additional information as deemed necessary by either the Zoning Officer
or the Zoning Hearing Board for the evaluation of the impact of the
proposed use:
(a) A plan
surface view showing elevations or contours of the ground, pertinent
structure, grading or fill elevations, the size, location and spatial
arrangements of all proposed and existing structures on the site,
the location and elevations of streets, the water supply and sanitary
facilities, soil types, existing vegetation and other pertinent information.
(b) Topographic
surveys showing the contours of the property in two-foot intervals,
as well as typical tract cross-sections at a scale of one inch to
100 feet or greater as deemed appropriate by the Township Engineer.
In addition, typical tract cross-sections at a vertical and horizontal
scale deemed appropriate by the Township Engineer.
(c) Specifications
for building construction and materials including filling, grading,
the storage of materials, the water supply and sanitary facilities.
(d) Proposed
modifications to the existing topography and vegetative cover, as
well as the means of accommodating stormwater runoff and preventing
erosion.
(e) Any additional
engineering and conservation techniques designed to alleviate environmental
problems created by the proposed development activities.
Following the adoption of this article, any use or structure which is situated within the boundaries of the Steep Slope Conservation District and which does not conform to the permitted uses specified by §
300-137 of this article shall become a nonconforming use or structure, regardless of its conformance to the district in which it is located without consideration of this article. The expansion or continuance of said nonconforming use or structure shall be governed by the requirements of Article
III of this chapter. However, the Zoning Hearing Board shall also ensure that the standards contained in §
300-141 of this article are applied to the expansion or continuance of said nonconforming use or structure.
No vacant land shall be occupied or used and
no building hereafter erected, altered or used and no steep slope
areas shall be occupied until a certificate of compliance has been
issued by the Zoning Officer. The Zoning Officer shall request the
applicant to submit a certification by a registered professional engineer
or land surveyor that the construction of said building and any necessary
grading or filling were accomplished in compliance with the provisions
of this chapter. The Zoning Officer shall, within 10 days after receipt
of such certification from the applicant, issue a certification of
compliance only if the building or premises and the proposed use thereof
conform with all requirements of this chapter.
The granting of a zoning permit or approval
of a subdivision or land development plan on or near the Steep Slope
Conservation District shall not constitute a representation, guarantee
or warranty of any kind by the Township of Upper Providence or by
any official or employee thereof of the practicability or safety of
the proposed use and shall create no liability upon Upper Providence
Township, its officials or employees. The degree of erosion and sediment
control protection intended to be provided by this chapter is considered
reasonable for regulatory purposes and is based on engineering and
scientific methods of study. This chapter does not imply that areas
outside the Steep Slope Conservation District boundaries or land uses
permitted within said district will always be totally free from the
adverse effects of erosion.