In expansion of the declaration of legislative intent and statement of community development objectives found in §§ 500-101 and 500-102 of Article I of this chapter, it is the intent of this article to benefit the public health, safety and welfare by conserving and protecting areas of steep slopes from the harmful consequences of excessive clearing of vegetation, excessive grading, and/or inappropriate development, in conformance with the goals of the Comprehensive Plan, Open Space and Environmental Resource Protection Plan, and the following objectives:
A.
Guard against property damage and personal injury
and minimize the potential for erosion, soil failure, stream siltation,
and contamination of surface waters caused by the misuse of steep
slope areas.
B.
Conserve existing woodlands for air and water quality
benefits, to provide habitat for wildlife, and to maintain the ecological
balance among the natural systems on steep slope areas.
C.
Permit land uses by right that are compatible with
protection of steep slope areas, and encourage the use of steep slope
areas for open space and conservation uses.
D.
Require development to avoid steep slope areas wherever
possible, and require all land use, clearing, grading and construction
to satisfy performance standards that guard against potential harmful
consequences.
E.
Regulate expansion of land use or development that
existed on steep slope areas prior to enactment of these requirements.
F.
Protect adjoining properties from harmful consequences
of development permitted under relief from the provisions of these
requirements.
G.
Establish regulations to achieve the intent of this
article.
The Steep Slope Conservation Overlay District
is established as all those areas of the Township with a slope of
15% or more, referred to as "steep slopes" or "steep slope areas."
This district may be referred to as the "Steep Slope District."
A.
Steep slope map:
(1)
Areas of steep slopes shall be plotted on a
map known as the "Steep Slope Conservation Overlay District Map of
Upper Hanover Township (Steep Slope Map)," as determined from United
States Geological Survey (USGS) maps to indicate the approximate boundaries
of the Steep Slope District.[1]
[1]
Editor's Note: Said map is on file in the
Township offices.
(2)
The boundaries shown on the Steep Slope Map
may be supplemented or modified by boundaries determined by examination
of one or more of the following sources whenever a subdivision or
land development plan is submitted for review by the Township:
(3)
Changes in the boundaries of the Steep Slope
District shall be plotted as amendments to the Steep Slope Map when
feasible.
B.
Boundary delineation, interpretation, and appeals:
(1)
Applicants shall show the boundaries of the Steep Slope District on all subdivision and land development plans, based on one or more of the sources listed in § 500-2501A herein. Steep slopes shall be further divided into the following two categories:
(2)
The Township Engineer shall decide whether or
not the Steep Slope District has been shown with sufficient accuracy
on the applicant's plans. Based on the Township Engineer's advice,
the Township Planning Commission or Board of Supervisors may require
applicants to revise the boundaries shown on the plans.
(3)
Any party aggrieved by the decision of the Township
Engineer may appeal the decision to the Zoning Hearing Board as prescribed
in this chapter.
(4)
The burden of proving the correct boundary shall
be on the appellant, supported by engineering and/or surveying data
or mapping, testimony of a soil scientist, or other acceptable evidence.
The Steep Slope District shall be an overlay
on all zoning districts and shall function in accordance with the
following:
A.
For any lot or portion thereof lying within the Steep
Slope District, the regulations of the overlay district shall take
precedence over the regulations of the underlying district.
B.
Should the underlying zoning of any lot or any part
thereof which is located in the Steep Slope District be changed through
any legislative or judicial action, such change shall have no effect
on the overlying Steep Slope District unless such change was included
as part of the original application.
C.
Should the overlying Steep Slope District be declared
inappropriate to any lot through any legislative or judicial actions,
such change shall have no effect on the underlying zoning district.
D.
All uses, activities and development occurring within
any Steep Slope District shall be undertaken only in strict compliance
with the provisions of this article, with all federal and state laws,
and with all other applicable Township codes and ordinances.
The following open space and conservation uses
are permitted by right, provided that they shall not include any structures,
roads, driveways, parking areas, construction or other development,
or grading or clearing of vegetation.
A.
Wildlife sanctuary, woodland preserve, arboretum and
passive park and recreation areas.
B.
Game farm or hunting preserve.
C.
Forestry and reforestation in accordance with recognized
natural resource and soil conservation practices.
D.
Pasture and grazing land in accordance with recognized
natural resource and soil conservation practices.
E.
Outdoor plant nursery or orchard in accordance with
recognized natural resource and soil conservation practices.
F.
Cultivation and harvesting of crops in accordance
with recognized natural resource and soil conservation practices.
H.
Nonstructural accessory uses necessary to the operation
and maintenance of the above permitted uses.
The following uses shall be permitted on steep slopes of less than 25% when authorized by the Board of Supervisors as conditional uses, in accord with the conditional use standards and criteria in § 500-2507 herein:
A.
Structures, roads, driveways, parking areas, construction
or other development.
B.
Clearing of vegetation or grading, including the addition
of fill composed of earth, rock or inorganic construction debris.
C.
Sealed public water supply wells, with approval of
the Pennsylvania Department of Environmental Protection.
D.
Sanitary or storm sewers and stormwater detention
basins with the approval of the Township Engineer and the Department
of Environmental Protection.
E.
On-site sewage disposal systems, when approved by
the Department of Environmental Protection.
F.
Utility transmission lines and aboveground utility
line structures.
G.
Extractive uses and borrow pits in accordance with
recognized conservation practices and regulations of the State Department
of Environmental Protection.
The following uses are specifically prohibited:
Applications for conditional uses shall comply with the procedures in § 500-818 of this chapter and provide the following information and documentation:
A.
A plan by a registered professional engineer or surveyor
which accurately locates the proposed use with respect to the Steep
Slope District boundaries and existing development within 200 feet
of the proposed use, together with all pertinent information describing
the proposal and a topographical survey with contour elevations at
no greater than five-foot intervals.
B.
A plan of proposed development or use of the site, conforming to the preliminary plan requirements of Chapter 425, Subdivision and Land Development, with contours shown at two-foot intervals, where feasible, throughout the steep slope areas proposed for development or use. Contours shall be accurately drawn from on-site survey or aerial photographic sources.
C.
Proposed modifications to the existing topography
and vegetative cover, as well as the means of accommodating stormwater
runoff.
D.
Documentation of any additional engineering and/or
conservation techniques designed to alleviate environmental problems
created by the proposed activities, in compliance with the Township's
sedimentation and erosion control regulations.
E.
The following, as deemed necessary by the Board of
Supervisors:
(1)
Typical tract cross sections at a scale of one
inch equals 100 feet or larger, and/or typical tract cross sections
at a vertical and horizontal scale deemed appropriate by the Township
Engineer.
(2)
Specifications of building materials and construction,
including filling, grading, materials storage, water supply, and sewage
disposal facilities.
In considering a conditional use application,
the Board of Supervisors shall consider the following:
B.
Adverse effects on abutting properties.
C.
The need for a woodland management plan on wooded
steep slope areas.
[Amended 2-13-2007 by Ord. No. 2007-01]
D.
Evidence that:
[Amended 2-13-2007 by Ord. No. 2007-01]
(1)
Proposed buildings or structures are of sound
engineering design, and that footings are designed to extend to stable
soil and/or bedrock, and 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)
Proposed roads, drives and parking areas are
designed so that land clearing and/or grading will not cause accelerated
erosion. Both vertical and horizontal alignment for such facilities
shall be so designed that hazardous conditions are not created.
(3)
Alternative placements on non-steep-slope areas
were carefully evaluated for structures, including buildings, retaining
walls, swimming pools, roads, access driveways, parking facilities
and other development, and can be shown to be inappropriate or infeasible
to the satisfaction of the Board of Supervisors.
(4)
Proposed on-lot sewage disposal facilities are
properly designed and constructed in conformity with applicable regulations.
(5)
Proposed nonagricultural displacement of soil
is for purposes consistent with the intent of this chapter and will
be executed in a manner that will not cause erosion or other unstable
conditions. The applicant shall provide an erosion and sediment control
plan and supporting evidence.
(6)
Surface runoff of water will not create unstable
conditions, including erosion, and that appropriate stormwater management
facilities will be constructed as necessary.
The following regulations apply to all proposals
within the Steep Slope District:
A.
All structures, roads, driveways, parking areas, grading,
construction and other development, and clearing of vegetation shall
be set back a minimum of 10 feet from the boundary of the Steep Slope
District, unless otherwise approved as part of a conditional use application.
B.
No building lot shall be created unless it contains
sufficient buildable area with slopes less than 25%. If it is infeasible
to provide this buildable area in accordance with the setbacks required
by the underlying district, the lot area shall be increased as necessary
to provide a buildable area equal to at least 1/2 the building envelope
provided by the minimum lot dimensional standards of the underlying
district.
No steep slope areas shall be occupied until
a certificate of compliance has been submitted to the Township 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 granting of a use and occupancy permit or
the approval of a subdivision or land development plan on or near
the Steep Slope 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. The chapter does not imply that areas outside the Steep Slope
District are free from the adverse effects of erosion and sedimentation.
