The purpose of this article is to promote the public health, safety and welfare by the protection of steeply sloped areas and by encouraging the retention of open space located and designed so as to constitute a harmonious and appropriate part of the physical development of Springettsbury Township by:
A. 
Permitting only those uses of steep slope areas that are compatible with the conservation of natural conditions and which maintain stable soil conditions by minimizing disturbances to vegetative ground covers and restricting the regrading of steep slope areas.
B. 
Limiting soil erosion and the resultant destruction of the land, siltation of streams and damage to the property of individuals.
C. 
Protecting low-lying areas from flooding by limiting the increase in stormwater runoff caused by grading of sloped areas, changes of ground cover or the erection of structures.
D. 
Maintaining the ecological integrity and habitat value of steeply sloped areas, i.e., indigenous vegetation and wildlife, which could be adversely affected by otherwise permitted disturbances.
E. 
Allowing the continuing replenishment of groundwater resources and the maintenance of springs.
A. 
Description of district. The Steep Slope (S-S) Overlay consists of the areas which are delineated and defined as being fifteen-percent or greater slope on the appropriate United States Geological Survey Topographical Maps of the Regional Base Map Series of 1977, (e.g., sloping 15 or more feet vertical over a distance of 100 feet horizontal).
B. 
Boundary interpretation and appeals procedure. Each application for construction or land disturbance within the Steep Slope Overlay shall be submitted in accordance with § 325-85. Any contiguous area of the Steep Slope Overlay greater than 2,000 square feet that falls within the subject lot or lots shall be interpolated and shown on the site plan required under the Subdivision and Land Development Ordinance (Chapter 289) through shading of such area or areas. Where interpretation is needed as to the exact location of the boundaries of the district in relation to a given parcel, an initial determination shall be made by the Township Zoning Officer. Any party seeking such a determination may submit a topographic survey of the property and any other pertinent documentation for consideration. The Zoning Officer shall make a written report of the results of his/her initial determination. The Township Engineer shall also provide an interpretation of the slope on site from the information provided to the Township. A copy of such shall be provided to the Board of Supervisors. Any party aggrieved by any such determination of the Zoning Officer or other decision or determination under this article may appeal to the Zoning Hearing Board. The party contesting the location of the district boundary shall have the burden of proof in case of any such appeal.
C. 
Overlay concept. The Steep Slope Overlay described above shall be an overlay to the existing underlying districts as shown on the Official Zoning Map and, as such, the provisions for the steep slope district shall serve as a supplement to the underlying district provisions. Where there happens to be any conflict between the provisions or requirements of the Steep Slope Overlay and those of any underlying district, the more restrictive provisions apply. In the event that any provision concerning the Steep Slope Overlay is declared inapplicable as a result of any legislative or administrative actions or judicial discretion, the basic underlying district provisions shall remain applicable.
D. 
Warning and disclaimer of liability. The granting of a zoning permit or approval of a subdivision or land development plan within or near the Steep Slope Overlay shall not constitute a representation, guarantee or warranty of any kind by Springettsbury Township or by any official or employee thereof of the practicability or safety of the proposed use and shall create no liability upon Springettsbury Township, its officials or employees. This article does not imply that areas outside the Steep Slope Overlay boundaries or land uses permitted within such districts will always be totally free from the adverse effect of erosion.
A. 
Standards applicable to all uses within the Steep Slope Overlay:
(1) 
All grading shall be minimized.
(2) 
Finished slopes of all cuts and fills shall not exceed 33% (33 or more feet vertical over a distance of 100 feet horizontal) unless the applicant's engineer can demonstrate that steeper slopes can be stabilized and maintained adequately.
B. 
Uses permitted in the Steep Slope Overlay. The following are the only uses permitted as of right in the Steep Slope Overlay. Such uses also shall be in compliance with the base zoning district and all other provisions of this article:
(1) 
Parks and outdoor recreational uses consistent with the goals of watershed protection and conservation of forested areas.
(2) 
Tree farming and forestry activity when such activity is limited to highly selective removal of trees. Maximum precautions shall be taken to avoid destruction of or injury to understory brush and trees.
(3) 
Grading for the minimum portion of a driveway necessary to access a single-family dwelling when it can be demonstrated that no other routing which avoids slopes exceeding 25% (25 feet vertical over a distance of 100 feet horizontal) is feasible.
(4) 
Yard areas of a building not within the Steep Slope Overlay, so long as no building not permitted in the Steep Slope Overlay is within the zoning district.
(5) 
Single-family detached dwellings.
(6) 
Group homes (subject to § 325-122).
(7) 
Agricultural uses when conducted in conformity with conservation practices, including minimum tillage methods, approved by Soil Conservation Services or the York County Conservation District.
(8) 
Accessory uses (except swimming pools) necessary for the operation and maintenance of the above permitted uses.
(9) 
Sealed public water supply wells, where approved by all regulatory agencies.
(10) 
Sanitary or storm sewers, where approved by all regulatory agencies.
(11) 
Access roads that shall be suitable for the passage of emergency vehicles in the event of fire or accident. Such roads shall be constructed only when no viable alternative for emergency access exists. Any such proposal shall be subject to the terms of the Springettsbury Township Subdivision and Land Development Ordinance (Chapter 289), shall have secured applicable approval from any other regulatory agencies and shall be reviewed by the Township Fire Chief.
C. 
Zoning permit and variance issuance. No zoning permit shall be issued and no variance shall be granted by the Zoning Hearing Board without the Zoning Officer's and Township Engineer's review of this material and their recommendation thereon.
D. 
Impervious surface.
(1) 
Limits on impervious surfaces. The following limits on impervious surfaces within the total area of precautionary slope on a lot shall be complied with within the applicable base zoning district.
Maximum Impervious Surface
Zoning District
Maximum Impervious Surface as % of Total Area in Precautionary Slope
R-1
15
R-7
15
R-10
10
R-20
10
R-R
10
T-N
15
N-C
20
N-C/H
20
M-U
25
C-H
25
B-I
30
G-I
30
F-D
30
O-S
5
(2) 
Preexisting impervious coverage: Precautionary slopes are considered impermeable surfaces for the purposes of this chapter.
(a) 
To understand preexisting impervious coverage, calculate the percentage of total area comprised of steep slope as follows:
Area of precautionary slope
Total area of lots containing precautionary slopes
x 100 = % preexisting impervious surface
Example:
5,000 square feet of steep slopes
100,000 square feet of total lot area
x 100 = 5% preexisting impervious surface
In this example, the total area of the lots containing precautionary slopes has 5% impervious surface in their undeveloped state.
(b) 
This preexisting impervious surface coverage must be deducted from the maximum impervious surface allowed in the precautionary slope area as stated in the chart above. If the preexisting percentage of impervious surface is greater than or equal to that allowed, then no development can occur in the precautionary slope area.
In evaluating any application for variance, the Zoning Hearing Board shall consider the following factors:
A. 
The percent of existing slope on the site.
B. 
The extent and proposed disturbance of the existing vegetative cover on the site.
C. 
The soil types and underlying geology of the site.
D. 
The length or extent of the slope both on the site in question and on adjacent lands within 200 feet of the site.
E. 
Evidence that the proposed development, any impervious ground cover and the resultant disturbance to the land and existing vegetative cover will not cause runoff and/or related environmental problems on or off the site.
Following the adoption of this chapter, any use or structure which is situated within the boundaries of the Steep Slope Overlay and which does not conform to the permitted uses specified in § 325-85 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 such nonconforming use or structure shall be governed by the requirements of § 325-193. However, the Zoning Officer shall also ensure that the standards contained in § 325-86 are applied to the expansion or continuance of such nonconforming use or structure.