The purpose of this article is to promote the public health, safety, and 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, lakes, ponds, watercourses, and wetlands.
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.
[Amended 10-2-2006 by Ord. No. 481]
All uses and activities established after the effective date of this chapter shall comply with the following standards. Site alterations, regrading, filling, or clearing of any natural resources prior to the submission of applications for building permits or the submission of plans for subdivision or land development shall be a violation of this chapter. In the event that two or more resources overlap, the resource with the most restrictive standard (the least amount of alteration, regrading, clearing, or building) shall apply to the area of overlap.
A. 
Floodplain. Areas identified as being within the Flood Hazard District of the 100-year-recurrence-interval flood shall not be altered, regraded, filled, or built upon except in conformance with Article XI, Flood Hazard District, regulations of this chapter. In addition, the following standards shall apply to the floodway and flood fringe areas as defined in § 525-51 of this chapter:
(1) 
Floodway. Such areas shall not be altered, regraded, filled, or built upon except in conformance with § 525-51 of this chapter.
(2) 
Flood fringe. No more than 50% of such areas shall be altered, regraded, filled, or built upon. All activities within the flood fringe area shall be in conformance with § 525-51 of this chapter.
B. 
Steep slopes. In areas of steep slopes, the following standards shall apply:
(1) 
Fifteen percent to 25% slope. No more than 30% of such areas shall be altered, regraded, cleared, or built upon.
(2) 
Twenty-five percent slope or steeper. No more than 15% of such areas shall be altered, regraded, cleared, or built upon.
(3) 
Areas of steep slope that are less than 2,500 square feet shall be exempted from these standards.
(4) 
Any disturbance of land shall be in compliance with the erosion and sedimentation control standards of Chapter 450, Subdivision and Land Development.
(5) 
Each building or structure shall be constructed in such a manner as to provide the least alteration necessary of the existing grade and natural soil condition.
(6) 
Finished slopes of all permitted cut and fill shall not exceed 33% unless the applicant can demonstrate the method by which steeper slopes can be stabilized and maintained adequately.
C. 
Woodlands. The following standards shall apply to woodlands.
(1) 
Woodlands in environmentally sensitive areas. No more than 20% of woodlands which overlap other environmentally sensitive areas shall be altered, regraded, cleared, or built upon. Environmentally sensitive areas include, but are not limited to, floodplains, floodplain soils, steep slopes, wetlands, wetland margins, and lake or pond shorelines.
(2) 
Other woodlands. No more than 50% of woodlands which do not overlap other environmentally sensitive areas (as defined in Subsection C(1) above) shall be altered, regraded, cleared, or built upon.
D. 
Tree protection zone. Such areas shall not be altered, regraded, compacted, or built upon, nor used for storage or parking of vehicles. The tree protection standards of Chapter 450, Subdivision and Land Development, shall be complied with.
E. 
Watercourses. Such areas shall not be altered, regraded, filled, piped, diverted, or built upon except where design approval is obtained from the Borough and, if required, the Pennsylvania Department of Environmental Protection.
F. 
Wetlands. Such areas shall not be altered, regraded, filled, piped, diverted, or built upon except where state and federal permits have been obtained.
(1) 
Delineation.
(a) 
Wetlands boundaries shall be delineated through an on-site assessment which shall be conducted by a professional soil scientist or others of demonstrated qualifications. Such a person shall certify that the methods used correctly reflect currently accepted technical concepts, including the presence of wetlands vegetation, hydric soils, and/or hydrologic indicators. A study shall be submitted with sufficient detail to allow a thorough review by the Borough. The study shall be approved by Borough Council on the recommendation of the municipal engineer.
(b) 
In the event that a wetlands delineation validated by the U.S. Army Corps of Engineers is shown to vary from the wetlands boundary derived from § 525-63F(1)(a) above, the Corps' delineation shall govern.
(2) 
Federal and state regulations. Any applicant proposing a use, activity, or improvement which would entail the regrading or placement of fill in wetlands shall provide the Borough with proof that the Pennsylvania Department of Environmental Protection, Regional Office, and the U.S. Army Corps of Engineers have been contacted to determine the applicability of state and federal wetland regulations.
G. 
Wetlands margin. No more than 20% of such areas shall be altered, regraded, filled, or built upon. In addition, any Department of Environmental Protection's regulations under Chapter 105[1] concerning activities in wetlands margins shall be met.
[1]
Editor's Note: See 25 Pa. Code Ch. 105.
H. 
Lakes and ponds. Such areas shall not be altered, regraded, filled, piped, diverted, or built upon.
I. 
Lake and pond shorelines. No more than 20% of such areas shall be altered, regraded, filled, or built upon.
[Amended 10-2-2006 by Ord. No. 481]
A. 
Plan information.
(1) 
Applicability. In order to meet the natural resource protection standards of § 525-63 of this chapter, the following information shall be submitted by the applicant. Where a subdivision or land development review is required, such information shall be included on the site analysis plan as required in the subdivision and land development plan.
(a) 
A site plan which illustrates all natural resources on the site and the proposed use on the site;
(b) 
All encroachments and disturbances necessary to establish the proposed use on the site;
(c) 
Calculations indicating the area of the site with natural resources and the area of natural resources that would be disturbed or encroached upon. The calculation shall be shown on the plan as indicated in the table below.
(2) 
Exceptions to plan information requirements. The plan information requirements of this section shall not be required in the following cases:
(a) 
The total area of the proposed site is less than 20,000 square feet, unless the site is located fully or partially within the 100-year floodplain; or
(b) 
None of the resources protected in this section are located on the site.
Resource
A. Disturbance Allowance Ratio
B. Acres of Land in Resources
Acres of Protected Resource Land B-(A X B)
Proposed Disturbance of Protected Resources1
(Acres)
Floodplain:
Floodway
0%
Flood fringe
50%
Steep slopes:
15 to 25%
30%
25% or more
15%
Woodlands:
Woodlands
50%
With environmentally sensitive areas
20%
Lakes or ponds
0%
Watercourses or streams
0%
Wetlands
0%
Lake or pond shorelines
20%
Wetlands margin
20%
TOTAL
NOTES:
1
As depicted on plan in accordance with § 525-64A(2)
B. 
Minimum buildable area. 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. The applicant shall delineate on the plan a buildable area sufficient in size to accommodate site improvements and which complies with the maximum disturbance requirements of this article and any other applicable ordinances and codes.
C. 
On-lot sewage systems. For uses with individual on-lot sewage systems, an area in addition to the minimum buildable area specified in § 525-64A, Plan information, shall be identified for the location of the sewage system. Where applicable, a reserve or replacement area shall also be identified. Such area(s) shall not include natural features with a 100% protection standard and the portion of those natural features that may not be developed or intruded upon as specified in § 525-64A, above. The applicant shall provide sufficient documentation to ensure that the land area set aside is adequate to accommodate the required on-lot sewage system and is consistent with the requirements of the Chester County Health Department, the Pennsylvania Department of Environmental Protection, and the Borough of Spring City.
D. 
Deed restrictions. To ensure the continued protection of identified natural resources, the following requirements shall apply:
(1) 
For subdivision and land development plans, restrictions meeting Borough specifications shall be placed in the deed for each site or lot that has natural resource protection areas within its boundaries. The restrictions shall provide for the continuance of the resource protection areas in accordance with the provisions of this chapter.
(2) 
Natural resource protection areas may be held in common open space in accordance with the requirements of § 525-65, below, of this chapter or in the ownership of individual property owners. For this latter form of ownership, it shall be clearly stated in the individual deeds that the maintenance responsibility lies with the individual property owner.
(3) 
For nonresidential uses, areas of natural resource features may be held with the ownership of the entire parcel, provided the natural features are deed restricted to ensure their protection and continuance.
The following methods may be used either individually or in combination to preserve, own, and maintain open space and protected natural resources:
A. 
Condominium. The open space may be controlled through the use of condominium agreements. Such agreements shall be in conformance with the Uniform Condominium Act of 1980, as amended.[1] All open space land shall be held as "common element."
[1]
Editor's Note: See 68 Pa.C.S.A. § 3101.
B. 
Fee simple dedication. The Borough may, but shall not be required to, accept any portion or portions of the open space, provided:
(1) 
Such land is accessible to residents of the Borough;
(2) 
There is no cost of acquisition other than costs incidental to the transfer of ownership, such as title insurance; and
(3) 
The Borough has access to and agrees to maintain such lands.
C. 
Dedication of easements. The Borough may, but shall not be required to, accept easements for public use of any portion or portions of open space land, title of which is to remain in ownership by condominium or homeowners' association, provided:
(1) 
Such land is accessible to the residents of the Borough;
(2) 
There is no cost of acquisition, other than costs incidental to the transfer of ownership such as title insurance; and
(3) 
A satisfactory maintenance agreement is reached between the developer and the Borough.
D. 
Transfer of easements to a private conservation organization. With the permission of the Borough, an owner may transfer easements to a private nonprofit organization among whose purpose it is to conserve open space land and natural resources, provided that:
(1) 
The organization is acceptable to the Borough and is a bona fide conservation organization with perpetual existence;
(2) 
The conveyance contains appropriate provision for proper reverter or retransfer in the event that the organization becomes unwilling or unable to continue to carry out its functions; and
(3) 
A maintenance agreement acceptable to the Borough is entered into by the developer and the organization.
E. 
Homeowners' association. The open space may be held in common ownership by a homeowners' association. This method shall be subject to all of the provisions for homeowners' association set forth below and in Article VII of the Municipalities Planning Code (Act 247).[2]
(1) 
The developer shall provide a description of the association, including its bylaws and methods for maintaining the open space.
(2) 
The association is organized by the developer and operating with financial subsidization by the developer, if necessary, before the sale of any lots within the development.
(3) 
Membership in the association is mandatory for all purchasers of homes therein and their successors.
(4) 
The association shall be responsible for maintenance of insurance and taxes on common open space, enforceable by liens placed by the Borough.
(5) 
The members of the association shall share equitably the costs of maintaining and developing such common open space, in accordance with the procedures established herein.
(6) 
In the event of the proposed transfer, within the methods here permitted, of common open space land by the homeowners' association, or the assumption of maintenance of common open space land by the Borough as hereinafter provided, notice of such action shall be given to all property owners within the planned residential development.
(7) 
The association shall have or hire adequate staff to administer common facilities and maintain the common open space.
(8) 
The homeowners' association may lease back open space lands to the developer, his heirs, or assigns, or to any other qualified person, or corporation, for operation and maintenance of open space lands, but such a leased agreement shall provide:
(a) 
That the residents of the development where the open space is located shall at all times have access to such open space lands.
(b) 
That the common open space to be leased shall be maintained for the purposes set forth in this chapter.
(c) 
That the operation of open space facilities may be for the benefit of the residents only, or may be open to the residents of the Borough at the election of the developer and/or property owners association, as the case may be.
(d) 
In addition, the lease shall be subject to the approval of the Borough Council and any transfer or assignment of the lease shall be further subject to the approval of Borough Council. Lease agreements so entered upon shall be recorded with the Recorder of Deeds of Chester County within 30 days of their execution, and a copy of the lease shall be filed with the Secretary of the Borough.
[2]
Editor's Note: See 53 P.S. § 10701 et seq.