All uses permitted by this chapter shall be subject to the following
special conservation performance standards which shall apply to any
lands that are characterized as steep slopes, wetlands or flood plains,
except that these provisions do not apply where the applicant proposes
to join two existing parcels into a single parcel, or to subdivide
a parcel from one parcel and join that with an adjoining tract of
land, and where no new development is proposed on the resulting lots.
The procedures and standards are as follows:
A.
Steep slope areas.
(1)
General requirements. Steep slopes shall be defined as slopes of
25% or more as determined by the Zoning Officer, from United States
Geological Survey topographic maps or USDA NRCS maps. In cases where
the slope cannot be specifically determined by said means or where
the slope appears to exceed 25%, the Zoning Officer may require the
applicant to provide certification from a qualified professional of
the slope in question. Slope shall be measured at the points where
any earth will be disturbed or where structures or other improvements
are proposed.
(2)
Development on steep slopes. Any use or development of such steep
slope areas shall be considered a conditional use, and in reviewing
applications for use of sites partially or wholly included within
an area identified as steep-sloped, the Borough Council and Planning
Commission shall be satisfied that the following performance standards
have been or will be met:
(a)
An accurate map prepared by a qualified professional has been
submitted showing property boundaries, building and drive locations,
contours at two foot intervals and any areas to be graded. The proposed
location of other factors shall also be shown including streams, wetlands,
areas subject to landslides and extent of vegetative cover.
(b)
A clearing, grading and drainage plan has been prepared showing
existing and proposed ground surfaces, plans for drainage devices,
plans for walls or cribbing, etc., map of the drainage area affected,
computation of the amount of runoff expected, an erosion control plan
and schedule for completion of work.
(c)
The applicant shall demonstrate that the proposed development
cannot be accomplished on areas of the lot where the slope is less
than 25%.
(d)
No finished grade where fill is used shall exceed a slope of
three feet horizontal to one foot vertical.
(e)
Where fill is used to later support structures, a minimum compaction
of 90% of maximum density shall be achieved.
(f)
Soils characterized by the Natural Resource Conservation Service
as highly susceptible to erosion shall be avoided.
(g)
Streets and utilities shall be installed along existing contours
to the greatest extent possible.
(h)
Any steep slope areas also characterized by seasonal high water
tables shall be avoided.
(i)
Removal of, or disturbance to, existing vegetation on the site
shall be minimized. The proposed impacts on existing vegetation shall
be evaluated in terms of the potentially detrimental effects on slope
stability, erosion potential, transpiration and recharge of stormwater,
aesthetic and traditional characteristics of the landscape, and existing
drainage patterns. Mitigation measures may be required by the Board
as it deems appropriate.
(j)
In cases where structures are proposed, the applicant shall
submit plans to the Zoning Officer detailing how the limitations of
slope will be mitigated by the design of the structure(s).
B.
Wetlands.
(1)
Identification.
(a)
Delineation. If the Borough reasonably anticipates that wetlands
may be present or may be impacted by the proposed development, the
Borough may require wetlands, as defined and regulated by the Pennsylvania
Department of Environmental Protection, the U.S. Army Corps of Engineers
and the U.S. Fish and Wildlife Service to be delineated and shown
on any application proposing a new use or expanded use of land.
(b)
Applicant responsibility. The applicant shall be responsible
for said delineation and supply to the Borough a written report from
the individual, partnership, corporation or other entity which performed
the wetlands delineation fully describing the methodology used. Notwithstanding
receipt of such delineation and report, the Borough may require the
applicant to submit, at no cost to the Borough, an additional wetlands
delineation of the site and report as to methodology, from a second
source for purposes of verification. In the event of discrepancy between
delineations, the applicant shall obtain a jurisdictional determination.
(c)
Jurisdictional determination. The Borough may also require that
the applicant obtain a jurisdictional determination from the U.S.
Army Corps of Engineers.
(d)
Certification of no wetlands. If no wetlands are present, the
applicant shall provide a certified statement to that effect.
(2)
State and federal regulations. Any approval under this chapter shall
be conditioned upon compliance with federal and state wetland regulations.
The Borough Council may refuse to approve a plan for recording or
delay the issuance of permits until an applicant documents such compliance.
(3)
Wetland buffer required. A buffer of 50 feet in width, measured perpendicular
to and horizontally from the edge of the wetland, shall be maintained
from the edge of all wetlands unless otherwise permitted or regulated
by PA DEP.
(a)
Unpaved trails and stormwater conveyance facilities required
by the township shall be permitted.
(b)
Vegetation shall not otherwise be disturbed except for buffer
maintenance and restoration, or the correction of hazardous conditions.
(c)
Residential accessory structures shall be permitted provided
that no more than 35% of the buffer area is affected.
(d)
No other earth disturbance, grading, filling, buildings, structures,
new construction, or development shall be permitted.
(4)
Liability. No zoning approval granted by the Borough shall in any
manner be construed to be an approval of compliance by the applicant
with any state or federal wetland regulations; and the Borough shall
have no or responsibility to the applicant or any other person for
compliance with said regulations.
C.
Lake and pond buffer.
(1)
Lake and pond buffer required. A buffer of 50 feet in width, measured
perpendicular to and horizontally from the edge of the water body,
shall be maintained from the edge of all lakes and ponds.
(a)
Unpaved trails and stormwater conveyance facilities required
by the Borough shall be permitted.
(b)
Vegetation shall not otherwise be disturbed except for buffer
maintenance and restoration, or the correction of hazardous conditions.
(c)
Residential accessory structures, boat docks and accesses, and
tree trimming for lake front views shall be permitted provided that
no more than 35% of the buffer area is affected.
(d)
No other earth disturbance, grading, filling, buildings, structures,
new construction, or development shall be permitted.
(2)
Minimum required lot size. See the definition of "lot area, required
minimum" for the required deduction of lakes and ponds.
D.
Stream buffer.
(1)
Stream buffer required. A buffer of 75 feet in width, comprised of a fifty-foot inner buffer and a twenty-five-foot outer buffer, shall be maintained along all streams (see stream buffer diagram). This § 500-82D shall not apply to any part of Mauch Chunk Creek not flowing on the surface of the ground.
(a)
Inner buffer. Measured perpendicular to and horizontally from
the edge of the stream for 50 feet.
[1]
Encroachments and obstructions as defined and approved by DEP,
stormwater conveyance facilities required by the Borough, and unpaved
trails shall be permitted.
[2]
Vegetation shall not otherwise be disturbed except for buffer
maintenance and restoration, or the correction of hazardous conditions.
(b)
Outer buffer. Measured perpendicular to and horizontally from
the edge of the inner buffer for 25 feet.
[1]
Encroachments and obstructions as defined and approved by DEP,
stormwater conveyance facilities required by the Borough, and unpaved
trails shall be permitted.
[2]
In areas of the outer buffer which are not wetlands, vernal
pools or slopes of more than 15%, stormwater management facilities
which improve the quality of the stormwater discharge shall be permitted
unless prohibited by other Borough or state requirements.
[3]
Crop production and non-clear-cut forestry enterprises (e.g.,
selective regeneration harvest) shall be permitted in accord with
this chapter.
[4]
Vegetation shall not otherwise be disturbed except for buffer
maintenance and restoration, or the correction of hazardous conditions.
[5]
No other earth disturbance, grading, filling, buildings, structures,
new construction, or development shall be permitted except as permitted
by the Borough Floodplain Ordinance.
(2)
Minimum required lot size. See the definition of "lot area, required
minimum" for the required deduction of streams.
