In expansion of the declaration of legislative intent found in Article
I, §
285-2, of this chapter, and the statement of community development objectives found in Article
I, §
285-3, of this chapter, it is the intent of this article to:
A. Conserve and protect areas of steep slope from inappropriate
development and excessive grading.
B. Avoid negative impacts caused by erosion, stream siltation,
soil failure leading to structural collapse, damage or sanitary conditions.
C. Minimize danger to public health and safety by promoting
safe and sanitary drainage, conservation and construction practices.
D. Permit and encourage the use of steep slope areas
for open space purposes, so as to constitute a harmonious aspect of
the continuing physical development of the Township.
[Amended 8-13-1998 by Ord. No. 98-4]
A. On those lands having a slope of 15% or greater, only those uses permitted in §
285-129A and
B shall be considered. All applications for development of steep slope areas for uses under §
285-129B shall be accompanied by an erosion and sediment control plan, notwithstanding the minimum acreage requirements of the Clean Streams Law, P.L. 1987, as amended. The plan shall comply with the practices set forth in the Soil Erosion and Sediment Control Manual of the Pennsylvania Department of Environment Protection, as amended, as well as other recognized conservation practices.
B. In evaluating the application, the Township Planning
Commission, Township Engineer and Zoning Hearing Board (as applicable)
shall consider the following:
(1) Extent and severity of steep slopes on the site.
(2) Extent and proposed disturbance of existing vegetative
cover on the site.
(3) Soil types and underlying geology of the site.
(4) Length or extent of steep slopes both on the site
in question and on adjacent lands within 200 feet of the site.
(5) Evidence that the proposed development, any impervious
surface, and the resultant disturbance to the land and existing vegetative
cover will not cause excessive run-off and/or related environmental
problems.
[Amended 8-13-1998 by Ord. No. 98-4]
A. Permitted conservation uses. The following uses shall
be permitted in the SSC District without the submission of an erosion
and sediment control plan:
(1) Wildlife sanctuary, woodland preserve, arboretum,
passive recreation areas (including parks but excluding enclosed structures).
(2) Game farm or hunting preserve for the protection and
propagation of wildlife, excluding enclosed structures.
(3) Forestry and reforestation in accordance with recognized
soil conservation practices.
(4) Pasture and controlled grazing of animals in accordance
with recognized soil conservation practices.
(5) Recreational uses, including parks with activities
such as hiking, bicycle and equestrian trails, camps and picnic areas,
excluding enclosed structures.
(6) Outdoor plant nursery or orchard in accordance with
recognized soil conservation practices.
(7) Cultivation and harvest of crops in accordance with
recognized soil conservation practices.
(8) Nonstructural accessory uses necessary to the operation
and maintenance of the above-permitted structures.
B. Special exceptions. The following uses shall be permitted
by special exception from the Zoning Hearing Board, upon submission
of an erosion and sediment control plan and supporting evidence; provided,
however, that alternative placements on nonsteep slope areas have
been carefully evaluated and can be demonstrated to be inappropriate
or unfeasible:
(1) Front, side and rear yards and required lot area in
the underlying zoning district.
(2) Sealed public water supply wells with approval of
the Pennsylvania Department of Environmental Protection.
(3) Sanitary or storm sewers and stormwater detention
basins with the approval of the Township Engineer and the Department
of Environmental Protection.
(4) Underground utility transmission lines.
(5) Onsite sewage disposal systems, when approved by the
Department of Environmental Protection.
(6) Extractive uses and borrow pits in accordance with
recognized conservation practices.
(7) Roads, access driveways and parking facilities, when
no viable alternative alignment or location is feasible.
C. Prohibited uses. The following uses are prohibited
in the SSC District:
(1) Freestanding structures, buildings and retaining walls
or swimming pools, unless the applicant can demonstrate to the Zoning
Hearing Board that the proposal will be sound from architectural,
engineering and environmental perspectives and will have no adverse
impacts on the health, safety and welfare of the community.
(2) The filling or removal of topsoil except when related
to an activity related to an approved special exception use.
(3) Solid waste disposal or recycling use.
(4) Junkyards or other outdoor storage uses.
In addition to that information typically required
for applications to the Zoning Hearing Board, the applicant shall
supply the following with an application to the Board:
A. A plan by a registered professional engineer or surveyor
which accurately located the proposed use with respect to the SSC
District boundaries and existing development within 200 feet of the
proposed use, together with all pertinent information describing the
proposal, topographical survey, contour elevations at five-foot intervals
and the erosion and sediment control plan required by this article.
B. The following as deemed necessary by the Zoning Hearing
Board:
(1) Plan view of the site, conforming to the preliminary plan requirements of Chapter
240, Subdivision and Land Development.
(2) Topographic survey showing contour elevations at five-foot
contours as well as typical tract cross-sections at a scale of one
inch equals 100 feet or larger. In addition, typical tract cross-sections
at a vertical and horizontal scale deemed appropriate by the Township
Engineer.
(3) Specifications of building materials and construction
including filling, grading, materials storage, water supply and sewage
disposal facilities.
(4) Proposed modifications to the existing topography
and vegetative cover, as well as the means of accommodating stormwater
runoff.
(5) Documentation of any additional engineering and/or
conservation techniques designed to alleviate environmental problems
created by the proposed activities.
In considering a special exception application,
the Zoning Hearing Board shall consider the following:
A. Relationship of the proposed use to the objectives set forth in §
285-126.
B. Adverse effect to abutting or downstream properties.
C. Evidence that:
(1) Proposed buildings or structures are of sound engineering
design and that footings are designed to extend to stable soil and/or
bedrock.
(2) Proposed roads, drives and parking areas are designed
that land clearing and/or grading will not cause accelerated erosion.
Both vertical and horizontal alignment of such facilities shall be
so designed that hazardous conditions are not created.
(3) Proposed onlot sewage disposal facilities shall be
properly designed and constructed in conformity with applicable regulations.
(4) Proposed nonagricultural displacement of soil shall
be for causes consistent with the intent of this chapter and shall
be executed in the manner that will not cause erosion or other unstable
conditions.
(5) Surface runoff of water will not create unstable conditions,
including erosion, and that appropriate stormwater management facilities
will be constructed as necessary.
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 certification
by a registered professional engineer and/or land surveyor, as applicable,
that the construction of any buildings or other improvements or any
other changes were accomplished in compliance with this chapter. The
Zoning Officer shall issue a certificate of compliance within 10 days
of receipt of the certification from the applicant.
The granting of a use and occupancy permit or
the approval of a subdivision or land development plan on or near
the SSC District shall not constitute a representation, guarantee
or warranty of any kind by the Township or any official or employee
thereof regarding the practicability or safety of the proposed use
and shall create no liability upon the Township, its officials or
its employees. Protections provided by this chapter are reasonable
for regulatory purposes and are based on engineering and scientific
studies. This chapter does not imply that areas outside the SSC District
are free from the adverse effect of erosion and sedimentation.