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 floodplains,
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, 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 Board of Supervisors 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)
Roads 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).
(3) Residential development.
(a)
Each lot or an area plotted for residential use shall provide,
inside of the required setbacks, an area containing not less than
5,000 square feet for each dwelling unit.
(b)
Such area shall have an average slope no greater than 15% and
shall be accessible from the existing or proposed street by means
of a driveway or private access street having a maximum grade of 12%.
(c)
In the case of lots utilizing an onsite sewage disposal system,
in addition to such area, there shall be sufficient area for the sewage
disposal field, in accordance with the Department of Environmental
Protection regulations.
(4) Nonresidential development.
(a)
Each lot plotted for industrial, manufacturing, commercial or
other nonresidential use shall provide, inside of the required setbacks,
an area at least equal to the projected horizontal area of the proposed
building, plus the additional area required for required parking and
loading.
(b)
This area shall have an average slope no greater than 10% and
shall be accessible from the existing or proposed street by means
of adequately and properly designed service drives having a maximum
grade of 12%.
(c)
In the case of lots using an on-site sewage disposal system,
there shall be sufficient additional area for the sewage disposal
field and for a replacement field in accord PA DEP regulations.
B. Buffers for wetlands.
(1) Identification.
(a)
Delineation. If the Township reasonably anticipates that wetlands
may be present or may be impacted by the proposed development, the
Township 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 Township 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 Township may require the
applicant to submit, at no cost to the Township, 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 Township 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) Wetland buffer required. Wetland buffers shall be provided in accord with Chapter
148 (Stormwater Management).
(3) Minimum required lot size. See the definition of "lot area, minimum
required" for the required deduction of delineated wetlands.
(4) Protection. No land shall be disturbed within any required buffer
area except in accord with Township requirements and the required
buffer around the delineated wetland boundary shall be properly fenced
to prevent encroachment. Snow fence or other acceptable material shall
be used (the use of silt fence is not acceptable). The fence shall
be properly installed prior to any site disturbance or issuance of
building permits. The fence must be properly maintained until all
certificates of use have been issued.
(5) Common area. The Township may require that significant designated
wetlands be retained in a single ownership common area rather than
incorporated as additional area in platted lots to facilitate management
for maintenance of environmental quality. Owners of the wetland mitigation
areas must be clearly identified on the plan.
(6) Mitigation projects. Compensatory mitigation projects required as
part of federal or state permits shall be shown on plans. Future lot
or common area owners whose property encompasses all or part of a
mitigation area shall be notified that the portion of their property
which includes the mitigation area may not be altered, and is considered
a jurisdictional wetland by the federal and state governments.
(7) State and federal regulations. Any approval under this chapter shall
be conditioned upon compliance with federal and state wetland regulations.
The Board of Supervisors may refuse to approve a plan for recording
or delay the issuance of permits until an applicant documents such
compliance.
(8) Liability. No zoning approval granted by the Township shall in any
manner be construed to be an approval of compliance by the applicant
with any state or federal wetland regulations; and the Township 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. Lake and pond buffers shall be provided in accord with Chapter
148 (Stormwater Management).
(2) Minimum required lot size. See the definition of "lot area, minimum
required" for the required deduction of lakes and ponds.
D. Stream buffer.
(1) Stream buffer required. Stream buffers shall be provided in accord with Chapter
148 (Stormwater Management).
(2) Minimum required lot size. See the definition of "lot area, minimum
required" for the required deduction of streams.
E. Floodplain. Floodplain shall be governed by Chapter
104 (Floodplain Management).
F. Sand distance to water. Under no circumstances shall sand be placed
in the water of any pond, lake or watercourse or at the water's
edge, nor shall sand permitted within five feet of the shoreline or
within 10 feet of any drainage ditch or swale unless appropriate permits
are obtained.
It is the intent of this §
180-83 to preserve the rural character of the Township by requiring the conservation of trees and other vegetation, especially during the land development process, and by requiring property line buffers. This will also minimize the detrimental effects of soil erosion and sedimentation and stormwater run-off. The Township's agricultural and other open land is vital to the rural character of the Township, which is the keystone of the local economy, and the preservation of that character will protect and promote the public welfare. This §
180-83 is not intended to prescribe specific cutting practices; or to prevent or hinder any landowner from realizing financial return from the sale of trees; or to prevent or hinder commercial tree harvesters from operating in the Township. (Note: This §
180-83 shall not apply to agricultural uses and lands owned by the Commonwealth of Pennsylvania or the Pennsylvania Game Commission.)
A. Natural vegetation. In order to minimize soil erosion and stormwater
run-off, and to preserve the rural character of the Township, natural
vegetation shall be maintained to the greatest extent possible.
(1) Clearing of vegetation shall be limited to those areas of the site
needed for proposed and required improvements.
(2) Any part of a site where existing vegetation has been disturbed and
which is not used for buildings, structures, loading or parking spaces
and aisles, sidewalks, designated storage areas or other improvements
shall be provided with an all-season ground cover and shall be landscaped.
(3) In the case of conditional uses and special exceptions, additional
landscaping, screening and/or buffers may be required by the Township
where the same are determined by the Township as necessary to protect
adjoining uses.
B. Buffer areas. In addition to the requirements of §
180-83A, the following requirements shall apply to all parcels in R/RC, OS, VC, C and BD/LI Districts:
(1) Until such time as a development plan is approved for the parcel,
a buffer of not less than the district required setback width for
principal structures shall be maintained along all property lines
and any road right-of-way. Existing vegetation in this buffer area
shall not be disturbed except that trees may be harvested to the extent
that the basal area of trees in the seventy-five-foot buffer area
shall not be reduced below 50% of the basal area present before cutting
or below 65 square feet per acre, whichever is higher. Any such reduction
shall be by thinning the vegetation across the entire buffer so that
the buffer is maintained along all property lines and road rights-of-way.
Basal area is the area in square feet per acre occupied by tree stems
at 4.5 feet above the ground, normally measured by a calibrated prism
or angle gauge.
(2) Clearing of vegetation and landscaping for a development project shall be in accord with an overall plan to be submitted with the zoning and land development plan application. Such clearing shall not be initiated until the application is approved by the Township. For the purposes of installation, landscaping shall be considered an improvement in accord with Chapter
153 (Subdivision and Land Development). The clearing and landscaping plan shall show the type and extent of existing vegetation, the area proposed for clearing and proposed landscaping.
The grading of a lot, parcel or any site involving cuts and/or
fills with an average depth greater than five feet over an area of
one acre or more shall require a conditional use permit when such
grading is not part of an approved subdivision or land development
plan. When a conditional use permit is required, the following standards
and requirements shall apply:
A. Plan. The applicant shall submit a grading plan and drainage plan
and report, prepared by a registered engineer or land surveyor, which
include existing and proposed contours with an interval not exceeding
two feet at a scale not greater than 50 feet to the inch, and an analysis
of existing and proposed conditions.
B. Stormwater. The proposed grading shall not result in an increase
in the rate of stormwater runoff from the site, nor an alteration
of the existing points of discharge from the property without the
written approval of all affected property owners.
C. Slopes. No resulting slope shall be steeper than two horizontal to
one vertical unless it is constructed according to a suitable design
of an alternative slope which has been prepared and certified by a
registered professional engineer and accepted by the Township.
D. Hazardous conditions. The proposed grading shall not result in a
condition hazardous to the public. During construction, suitable fences
or barriers shall be installed where necessary to maintain the public
safety.
E. Clear zone. The proposed grading shall not adversely affect the "clear
zone," as defined by PennDOT, of any public road.
F. Erosion and sedimentation control. The applicant shall obtain all
required approvals for soil erosion and sedimentation from the Carbon
County Conservation District and PA DEP and provide copies to the
Township.