Township of East Whiteland, PA Article X Environmental Protection

§ 200-54 General regulations.

A. Intent. The intent of this article is to establish standards and criteria for the protection of environmentally sensitive areas of the Township, including floodplains, riparian areas, steep slopes and very steep slopes, and historic resources. More specifically, these provisions are designed to:

(1) Preserve natural environmental resources and maintain ecological stability by:

(a) Strictly controlling the use of floodplains.

(b) Sustaining riparian buffers along stream courses.

(c) Promoting the proper development of steep and very steep slopes.

(d) Maintaining groundwater resources through the provision of areas for groundwater recharge.

(2) Preserve historic and cultural resources and the visual character of the landscape by:

(a) Promoting the preservation of significant historical and cultural sites and structures.

(b) Discouraging development in areas that will create significant changes in the visual character of the Township, particularly its stream courses and major drainage swales.

(c) Encouraging the use of natural resource areas to preserve existing environmental quality and amenity values.

(3) Protect the health and safety of all residents and visitors and minimize threats to property through the promotion of sound land development practices.

(4) Aid in the implementation of the Comprehensive Plan and the attainment of its goals and objectives.

B. Applicability and scope. This article regulates the circumstances in which development, improvements, or demolition may occur on land areas in the Township consisting of or containing the following natural and man-made resources:

(1) Floodplains, in accordance with § 200-55.

(2) Riparian buffers, in accordance with § 200-56.

(3) Steep slopes and very steep slopes, in accordance with § 200-57.

(4) Historic resources, in accordance with § 200-58.

§ 200-55 Flood hazard districts.

[Amended 8-9-2017 by Ord. No. 294-2017]

The Legislature of the Commonwealth of Pennsylvania has, by the passage of the Pennsylvania Flood Plain Management Act of 1978,[1] delegated the responsibility to local governmental units to adopt floodplain management regulations to promote public health, safety, and the general welfare of its citizenry. Therefore, the Board of Supervisors of the Township of East Whiteland does hereby order as follows.

A. Findings of fact.

(1) The flood hazard areas of the Township are subject to periodic inundation which results in loss of property, loss of life, damage to structures, injury to persons, disruption of public and private activities and services, burdensome public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

(2) The flood losses are caused by:

(a) The cumulative effect of obstructions in flood hazard areas causing increases in flood heights and velocities.

(b) The occupancy of flood hazard areas by uses vulnerable to floods.

(c) The lack of proper management of the flood hazard areas during normal and dry weather flow.

(d) Certain low sections of East Whiteland Township are aquifer recharge areas which form the sources of the underground water supply and are extremely sensitive to pollution and contamination from inappropriate surface uses.

(e) Drainage areas and streams located in East Whiteland Township are part of the headwaters of other bodies of water so that construction or other alteration of land within the Township, which increases runoff, increases the flood hazard to communities downstream.

B. Statement of purpose. It is the purpose of this section to promote the public health, safety and general welfare and to minimize those losses described above by provisions designed to:

(1) Restrict or prohibit uses which are dangerous to health, safety or property in times of flood or which could cause increased flood heights or velocities.

(2) Protect the quality and quantity of surface and subsurface water supplies adjacent to and underlying flood hazard areas.

(3) Provide areas for the deposition of flood-borne sediment.

(4) Require that uses vulnerable to floods, including public facilities, be constructed so as to be protected against flood damage.

(5) Preserve the integrity of stream banks and their immediate vicinity from erosion and degradation of natural vegetation.

(6) Require that, where uses are permitted by grant of variance, notice be given to prospective purchasers and/or lessees that land under agreement of sale or to be placed under such agreement or under lease or to be leased is designated as lying either totally or partially within the flood hazard area.

(7) Regulate or prevent the erection of buildings and other structures in areas unfit for development by reason of periodic flooding, unsanitary drainage conditions and related hazards.

(8) Prevent the increase in flood volume and rate of flow which results from covering the floodplains with impervious surfaces and from constricting natural drainage channels.

(9) Prevent added downstream drainage from increased flood volume and rate of flow and to permit uses of the floodplain compatible with the preservation of natural conditions and the maintenance of the stream flow throughout the year.

(10) Minimize the financial burden imposed by flood on the community, its governmental bodies and individuals, and to promote responsible floodproofing measures within the flood hazard districts.

C. General provisions.

(1) Designation of the Floodplain Administrator. The Zoning Officer is hereby appointed to administer and enforce this section and is referred to herein as the Floodplain Administrator. In the absence of a designated Floodplain Administrator, the Floodplain Administrator duties are to be fulfilled by the Township Manager. The Floodplain Administrator may:

(a) Fulfill the duties and responsibilities set forth in these regulations;

(b) Delegate duties and responsibilities set forth in these regulations to qualified technical personnel, plan examiners, inspectors, and other employees; or

(c) Enter into a written agreement or written contract with another agency or private sector entity to administer specific provisions of these regulations. Administration of any part of these regulations by another entity shall not relieve the community of its responsibilities pursuant to the participation requirements of the National Flood Insurance Program as set forth in the Code of Federal Regulations at 44 CFR 59.22.

(2) Permits required. A permit shall be required before any construction or development is undertaken within any identified floodplain area of the Township of East Whiteland.

(3) Duties and responsibilities of the Floodplain Administrator.

(a) The Floodplain Administrator shall issue a permit only after it has been determined that the proposed work to be undertaken will be in conformance with the requirements of this and all other applicable codes and ordinances.

(b) Prior to the issuance of any permit, the Floodplain Administrator shall review the application for the permit to determine if all other necessary government permits required by state and federal laws have been obtained, such as those required by the Pennsylvania Sewage Facilities Act (Act 1966-537, as amended); the Pennsylvania Dam Safety and Encroachments Act (Act 1978-325, as amended); the Pennsylvania Clean Streams Act (Act 1937-394, as amended);[2] and the United States Clean Water Act, Section 404, 33 U.S.C. § 1344. No permit shall be issued until this determination has been made.

[2] Editor's Note: See 35 P.S. § 750.1 et seq., 32 P.S. § 693.1 et seq. and 35 P.S. § 691.1 et seq., respectively.

(c) In the case of existing structures, prior to the issuance of any development permit, the Floodplain Administrator shall review the proposed cost of improvements or repairs and the preimprovement market value of the structure, so that a substantial improvement/substantial damage determination can be made, in accordance with FEMA's Substantial Improvement/Substantial Damage Desk Reference.

(d) During the construction period, the Floodplain Administrator or other authorized official shall inspect the premises to determine that the work is progressing in compliance with the information provided on the permit application and with all applicable municipal laws and ordinances. He/she shall make as many inspections during and upon completion of the work as are necessary.

(e) In the discharge of his/her duties, the Floodplain Administrator shall have the authority to enter any building, structure, premises or development in the identified floodplain area, upon presentation of proper credentials, at any reasonable hour to enforce the provisions of this section.

(f) In the event the Floodplain Administrator discovers that the work does not comply with the permit application or any applicable laws and ordinances, or that there has been a false statement or misrepresentation by any applicant, the Floodplain Administrator shall revoke the permit and report such fact to the Board of Supervisors for whatever action it considers necessary.

(g) The Floodplain Administrator shall maintain in perpetuity, or for the lifetime of the structure, all records associated with the requirements of this section including, but not limited to, finished construction elevation data, permitting, inspection and enforcement.

(h) The Floodplain Administrator is the official responsible for submitting a biennial report to FEMA concerning community participation in the National Flood Insurance Program as requested.

(i) The responsibility, authority and means to implement the commitments of the Floodplain Administrator can be delegated from the person identified. However, the ultimate responsibility lies with the person identified in the floodplain ordinance as the floodplain administrator/manager.

(j) The Floodplain Administrator shall consider the requirements of the 34 Pa. Code and the 2009 IBC and the 2009 IRC, or the latest revision thereof as adopted by the Commonwealth of Pennsylvania.

D. Identification of floodplain areas.

(1) The flood hazard area shall be defined as follows:

(a) Any areas of East Whiteland Township, classified as special flood hazard areas (SFHAs) in the Flood Insurance Study (FIS) and the accompanying Flood Insurance Rate Maps (FIRMs) dated September 29, 2017, and issued by the Federal Emergency Management Agency (FEMA) or the most recent revision thereof. The above-referenced FIS and FIRMs, and any subsequent revisions and amendments are hereby adopted by East Whiteland Township and declared to be a part of this section.

(b) That land adjoining any perennial or intermittent stream shown on the soil survey maps issued for Chester and Delaware Counties by the United States Soil Conservation Service in May 1963, or adjoining any ponds or lakes with an area of one acre or more, which is within 50 feet of the banks thereof and extends for such additional distance from said banks as is or may be subject to the base flood, and the flood hazard districts map maintained and revised by the Township from time to time, based upon the following:

[1] Analysis and mapping by the United States Army Corps of Engineers or other agency designated by the Federal Emergency Management Agency for purposes of National Flood Insurance Program;

[2] Field tests of alluvial soils and computations of runoff made by a registered engineer, agronomist or other person experienced in hydrology, retained or approved by the Township; or

[3] Floodplain data shown in, or as interpreted from, Soil Survey Chester and Delaware Counties, Pennsylvania by the United States Soil Conservation Service, issued May 1963. Flood hazard soils shall include all lands designated by the following map symbols and soil series:

	Map Symbol	Soil Series
	Cn	Congaree
	Ch	Chewacla
	Ls	Lindside
	Ro, Rp	Rowland
	We	Wehadkee
	Hn	Helvin
	Bo	Bowmansville
	Wo	Worsham

[4] When available, information from other federal, state, and other acceptable sources shall be used to determine the base flood elevation, as well as a floodway area, if possible. When no other information is available, the base elevation shall be determined by using a point on the boundary of the identified floodplain area which is nearest the construction site in question.

(c) In addition, the flood hazard area shall be defined to include all areas, not shown on the map, which have flooded within the last 100 years as recorded or indicated by written or other objective records, such as the United States Army Corps of Engineers Survey.

(d) The Township may require the applicant to determine the elevation with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough technical review by the Township. All areas which, by hydrological or hydraulic profile analysis are calculated to be inundated during a base flood. If such profile analysis defines a flood hazard area which conflicts with the definition in Subsection D(1)(a), (b) or (c) above, the area defined by the stream profile analysis shall supersede if more restrictive. Such analysis shall be required prior to the issuance of any permits, if, after consultation with the Township Planning Commission, Township Engineer and U.S. Soil Conservation Service, the Zoning Officer has reason to believe that the applicant's property or a portion thereof is in such close proximity to a flood hazard area as to be subject to inundation by a base flood. If the analysis demonstrates that the property or a portion thereof will not be subject to inundation by a base flood, such permits, as are required, shall be considered for approval, but such permits shall not be issued unless and until the applicant has complied with all other applicable provisions of this section and with all other applicable ordinances and regulations.

(2) All mapping shall be consistent with applicable regulations under the above-mentioned National Flood Insurance Program.

(a) Any change in the delineation of the floodplain as shown on the Flood Hazard Boundary Map shall be subject to the review and approval of the Federal Emergency Management Agency.

(b) The flood hazard district consists of all land in a flood hazard area. This section applies to all land within the flood hazard district.

(3) Flood hazard district maps. The mapping that has been accomplished pursuant to Subsection D, above, shall be known as the Flood Insurance Rate Map and flood hazard district map but shall not necessarily show those areas described in Subsection D. The flood hazard districts map shall be drawn to the same scale as the Township Zoning Map and shall be deemed an overlay on any zoning district now or hereafter applicable to any lot. Should any flood hazard district be deemed inapplicable to any lot or tract by reason of the action of the Board of Supervisors in amending the provisions of this section, or by reason of the action of the Zoning Administrative Officer, Zoning Hearing Board or any court of competent jurisdiction in interpreting the provisions of this section, the zoning applicable to such lot or tract shall be deemed to be the district in which it is located without consideration of the provisions of this section.

(4) In addition to the definitions established in § 200-14, and for the purposes of this section only, the following words, terms, and phrases shall have the meanings herein indicated:

EXISTING MANUFACTURED HOME PARK OR SUBDIVISION

A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.

EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION

The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

NEW MANUFACTURED HOME PARK OR SUBDIVISION

A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community.

START OF CONSTRUCTION

Includes substantial improvement and other proposed new development and means the date the permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days after the date of the permit and shall be completed within 12 months after the date of issuance of the permit unless a time extension is granted, in writing, by the Floodplain Administrator. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

VIOLATION

The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in 44 CFR 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided.

E. Changes in identification of area.

(1) The identified floodplain area may be revised or modified by the Board of Supervisors where studies or information provided by a qualified agency or person documents the need for such revision. However, prior to any such change to the special flood hazard area, approval must be obtained from FEMA. Additionally, as soon as practicable, but not later than six months after the date such information becomes available, a community shall notify FEMA of the changes to the special flood hazard area by submitting technical or scientific data.

(2) Rules for interpretation of district boundaries.

(a) The boundaries of any flood hazard district shall be as designated in Subsection D and, to the extent those boundaries are reflected on the Flood Insurance Rate Map and flood hazard districts map, the boundaries may be determined by scaling distances on said maps, and stringent interpretation shall govern.

(b) In the case of any dispute concerning the exact location of the boundaries of any flood hazard district, the following procedure shall apply:

[1] The parties disputing the boundaries as established by the Federal Emergency Management Agency and the Township shall, on appeal to the Zoning Hearing Board, submit a detailed on-site survey of the land in question made by a registered professional engineer or registered surveyor, together with a detailed on-site survey made by a professional geologist or soil scientist, showing in detail those specifics which the applicant alleges accurately reflect the condition of the land or those changes alleged to have occurred, which remove the land in question from the flood hazard district.

[2] Also, a review and approval by the Federal Emergency Management Agency for proposed changes in the boundaries of the Flood Insurance Rate Map shall be submitted to the Zoning Hearing Board.

[3] In addition, the Zoning Hearing Board may require submission of such information as provided for elsewhere in this § 200-55 and as the Board deems applicable.

(c) The person contesting the location of district boundaries shall have the burden of establishing that the land in question does not lie within a flood hazard district as defined in this section.

F. Compliance.

(1) No structure, land, or water shall hereafter be used and no structure shall be located, extended, converted, or structurally altered in any flood hazard district without full compliance with the terms of this section and other applicable regulations, including the state and federal agencies.

(2) Alteration of watercourse.

(a) No encroachment, alteration, or improvement of any kind shall be made to any watercourse until all adjacent municipalities which may be affected by such action have been notified by the applicant and until all required permits or approvals have been first obtained from the Department of Environmental Protection Regional Office and the Township.

(b) No encroachment, alteration, or improvement of any kind shall be made to any watercourse unless it can be shown that the activity will not reduce or impede the flood-carrying capacity of the watercourse in any way.

(c) In addition, the Township, the Federal Emergency Management Agency and the Pennsylvania Department of Community and Economic Development shall be notified by the applicant prior to any alteration or relocation of any watercourse.

G. Preservation of other restrictions. It is not intended by this section to repeal, abrogate, or impair any existing zoning or subdivision regulations, easements, covenants, or deed restrictions, except that where this section imposes greater restrictions, the provisions of this section shall prevail.

H. Warning and disclaimer of liability. The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on scientific study. Larger floods may occur on rare occasions or the flood height may be increased by man-made or natural causes. In such instances, areas outside a flood hazard district or land uses permitted within the District may be subject to flooding or flood damages. The granting of a zoning permit or approval of a subdivision plan in any flood hazard district shall not constitute a representation, guaranty, or warranty of any kind by East Whiteland Township, or by any official, professional appointee, or employee thereof, of the practicability or safety of any structure, use or other plan proposed, and shall create no liability upon or a cause of action against such public body, official, or employee for any damage that may result pursuant thereto; nor shall this section create any liability on the part of East Whiteland Township or any officer, professional appointee, or employee thereof for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder.

I. Use regulations. A lot may be used or occupied for any of the following purposes and no other, and then only to the extent that they are not prohibited by any other ordinance and they will not increase the elevation of a base flood:

(1) Agricultural uses, such as general farming, pasture, orchard grazing, outdoor plant nurseries, truck farming, forestry, and wild crop harvesting.

(2) Recreation uses that do not require structures, such as parks, picnic grounds, golf courses, archery, hiking and riding trails, fishing areas, as well as game farms, fish hatcheries, wildlife sanctuaries, nature preserves and swimming areas.

(3) For a lot partially within a contiguous district and partially within a flood hazard district, not more than 3/4 of the open space required on such lot may be within the flood hazard district; provided, however, that no structure is placed less than 25 feet from the boundary of any flood hazard district.

(4) Parking areas and roads, constructed of gravel or other permeable material, to serve permitted uses in a flood hazard district, or where required by the regulations of any contiguous district.

(5) Boundary fences.

(6) The following uses, when authorized as a special exception, and provided that such uses are compatible with those permitted in an adjacent district, and further provided that any grading or filling of the soil does not substantially alter or reduce the cross-sectional area of the stream basin at the point of the proposed use and will not result in increasing the elevation of a base flood:

(a) Circuses, festivals, and similar transient amusement enterprises, provided all required permits are obtained.

(b) Waterlines and sealed wells.

(c) Railroads, roads, bridges, and utility transmission lines.

(d) Storm sewer outlet and sanitary sewer treatment plant outlet, which shall take the shortest route across the district to point of discharge, and sewage pumping stations, provided that construction is floodproof.

(e) Dams and impoundment basins where approved by appropriate public agencies.

(f) Docks and piers for boating.

(g) Accessory uses customarily incidental to any of the foregoing.

(7) Prohibited uses and activities. The following uses and activities are specifically prohibited in any flood hazard district:

(a) Sod farming.

(b) Removal of topsoil.

(c) Cutting or removal of trees or other flora, except where the area is devoted to forestry or nursery use, in which case, cutting or removal shall be on a selective basis with reforestation measures practiced.

(d) Erection of buildings or other structures.

(e) Under no circumstances will the following activities and/or development be located within a flood hazard district since they present a special hazard to the health and safety of the public:

[1] Hospitals (public or private);

[2] Nursing homes (public or private);

[3] Jails or prisons;

[4] Individual manufactured homes including recreational vehicles and substantial improvements thereto, new manufactured home parks and substantial improvements thereto, and manufactured home subdivisions and substantial improvements thereto;

[5] The production, storage or maintenance of a supply of the following materials and substances cited in Section 38.7 of DCA's Floodplain Management Regulations as being dangerous to human life:

	Acetone
	Ammonia
	Benzene
	Calcium carbide
	Carbon disulfide
	Celluloid chlorine
	Hydrochloric acid
	Hydrocyanic acid
	Magnesium
	Nitric acid and oxides of nitrogen
	Petroleum products (gasoline, fuel oil, etc.)
	Phosphorus
	Potassium sodium
	Sulfur and sulfur products
	Pesticides (including insecticides, fungicides, and rodenticides)
	Radioactive substances, insofar as such substances are not otherwise regulated

J. Grading, filling, and storage of material.

(1) A change in grade by either cut or fill, or combination of both, may be permitted as a special exception, but only upon the following conditions:

(a) The effect is not to alter the cross-sectional area of the profile of the floodplain.

(b) The effect is not to increase the elevation of the base flood.

(c) The effect is not to increase the runoff characteristics of the area disturbed.

(d) If fill is used, it shall:

[1] Extend laterally at least 15 feet beyond the building line from all points;

[2] Consist of soil or small rock materials only; sanitary landfills shall not be permitted;

[3] Be compacted to provide the necessary permeability and resistance to erosion, scouring, or settling;

[4] Be no steeper than one foot vertical to three feet horizontal, unless substantiated data justifying steeper slopes are submitted to and approved by the Floodplain Administrator; and

[5] Be used to the extent to which it does not adversely affect adjacent properties.

(2) No storage of any material that may be hazardous to the health and welfare of the surrounding population or that is in violation of the Clean Streams Act[3] or regulations of the Department of Environmental Resources and the Pennsylvania Floodplain Management Act (Act 166-1978)[4] and regulations of the Pennsylvania Department of Community and Economic Development shall be permitted within a flood hazard district.

[3] Editor's Note: See 35 P.S. § 691.1 et seq.

[4] Editor's Note: See 32 P.S. § 679.101 et seq.

(3) All permitted utilities, such as gas lines, electrical, and telephone systems, shall be located, elevated (where possible), and constructed to minimize the chance of impairment during a flood.

K. Hearing procedures for flood hazard districts. Appeals to the Zoning Hearing Board with respect to provisions of this section shall be governed by Article XVIII of this chapter. In addition, upon receiving an application for a hearing, the Zoning Hearing Board shall, prior to rendering a decision thereon, require the applicant to furnish such of the following material as is deemed necessary by the Board as well as such other information as the Board may desire:

(1) Plans in triplicate drawn to scale showing the nature, location, dimensions and elevation of the lot and existing and proposed uses; photographs showing existing uses and vegetation; soil types and other pertinent information.

(2) A series of cross sections at twenty-five-foot intervals along and at right angles to the lot shoreline, showing the stream channel or pond bottom, and elevation of adjoining land areas of the lot to be occupied by the proposed uses, and high water information.

(3) Profile(s) showing the slope of the bottom of the stream channel or pond.

(4) Specifications for building materials and construction, floodproofing, filling, dredging, grading, storage, water supply, and sanitary facilities.

(5) Computation of the increase, if any, in the height of flood stages that would be attributable to any proposed uses.

(6) The plans, cross sections, profiles, and computations required under this section shall be prepared by a hydrologist, registered engineer, or other person deemed qualified by the Zoning Hearing Board.

L. Consultation by Zoning Hearing Board. In considering any application for a hearing, the Zoning Hearing Board shall request reports from the East Whiteland Township Board of Supervisors and the Township Planning Commission, the Township Engineer, the Chester County Soil and Water Conservation District, and other technical experts, prior to the hearing, to determine the extent to which the proposed use would:

(1) Diminish the capacity of the flood hazard area to store and absorb floodwaters, to moderate flood velocities, and to accommodate sediment;

(2) Be subject to flood damage;

(3) Cause erosion and impair the amenity of the flood hazard area.

M. Factors to be considered by Zoning Hearing Board.

(1) In passing upon each application for special exception or variance, the Board shall consider the following factors as well as those set forth in Article XVIII of this chapter. In addition, for a variance, the Board shall determine that the standards and criteria enumerated in Section 912 of the Municipalities Planning Code[5] are met before granting the request.

(a) The degree of danger to life and property due to increased flood heights or velocities caused by the desired encroachments.

(b) The degree of danger that materials may be swept on to other lands or downstream to the injury of others.

(c) The proposed water supply and sanitation systems and the ability of these systems to avoid causing disease, contamination, and unsanitary conditions.

(d) The susceptibility of the proposed use to flood damage and the effect of such damage on the owner.

(e) The importance of the proposed use to the community.

(f) The requirements of the use for a waterfront location.

(g) The availability of alternative locations not subject to flooding for the proposed use.

(h) The compatibility of the proposed use with nearby existing and foreseeable uses permitted by this section.

(i) The relationship of the proposed use to the Comprehensive Plan and floodplain management program for the area.

(j) The safety of access to the property in times of flood for ordinary and emergency vehicles.

(k) The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site.

(l) Such other factors which are relevant to the purposes of this section.

[5] Editor's Note: Section 912 of the Municipalities Planning Code (53 P.S. § 10912) was repealed 12-21-1988 by P.L. 1329, No. 170, § 90. For current provisions, see 53 P.S. § 10910.2.

(2) No variance shall be granted for any of the uses described specifically prohibited in this section.

(3) No variance shall be granted for any construction, development, use, or activity within any floodway area that would cause any increase in the base flood elevation, as demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice.

(4) If granted, a variance shall involve only the least modification necessary to provide relief.

(5) In granting any variance, the Zoning Hearing Board shall attach whatever reasonable conditions and safeguards it considers necessary in order to protect the public health, safety, and welfare, and to achieve the objectives of this section, including, but not limited to, those as detailed in this section.

(6) Whenever a variance is granted, the Zoning Hearing Board shall notify the applicant in writing that:

(a) The granting of the variance may result in increased premium rates for flood insurance.

(b) Such variances may increase the risks to life and property.

(7) In reviewing any request for a variance, the Zoning Hearing Board shall consider, at a minimum, the following:

(a) That there is good and sufficient cause.

(b) That failure to grant the variance would result in exceptional hardship to the applicant.

(c) That the granting of the variance will:

[1] Neither result in an unacceptable or prohibited increase in flood heights, additional threats to public safety, or extraordinary public expense; nor

[2] Create nuisances, cause fraud on, or victimize the public, or conflict with any other applicable state or local ordinances and regulations.

(8) A complete record of all variance requests and related actions shall be maintained by the Zoning Hearing Board or its designated agent. In addition, a report of all variances granted during the year shall be included in the annual report to FEMA.

(9) Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capability of resisting the base flood.

N. Conditions for granting permit. Upon consideration of the factors listed above and the purposes of this section, the Zoning Hearing Board may attach such conditions to the granting of a special exception permit as it deems necessary to further the purposes of this section. Subsection N(5)(b)[1], [7] and [11] shall be required for any new construction or substantial improvements. Among such other conditions, without limitation because of specific enumeration, may be included:

(1) Modification of waste disposal and water supply facilities;

(2) Limitations on periods of use and operation;

(3) Imposition of operational controls, sureties and deed restrictions;

(4) If any proposed construction or development is located entirely or partially within any identified floodplain area, applicants for permits shall provide all the necessary information in sufficient detail and clarity to enable the Floodplain Administrator to determine that:

(a) All such proposals are consistent with the need to minimize flood damage and conform with the requirements of this and all other applicable codes and ordinances;

(b) All utilities and facilities, such as sewer, gas, electrical and water systems, are located and constructed to minimize or eliminate flood damage;

(c) Adequate drainage is provided so as to reduce exposure to flood hazards;

(d) Structures will be anchored to prevent flotation, collapse, or lateral movement;

(e) Building materials are flood-resistant;

(f) Appropriate practices that minimize flood damage have been used; and

(g) Electrical, heating, ventilation, plumbing, air-conditioning equipment, and other service facilities have been designed and located to prevent water entry or accumulation.

(5) Plans of all proposed buildings, structures and other improvements, drawn at suitable scale showing the following:

(a) The proposed lowest floor elevation of any proposed building based upon North American Vertical Datum of 1988;

(b) The elevation of the base flood; and floodproofing measures, corresponding elevations and such as the following, without limitation because of specific enumeration:

[1] Anchoring.

[a] All buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse, or lateral movement.

[b] All air ducts, large pipes, storage tanks, and other similar objects or components located below the regulatory flood elevation shall be securely anchored or affixed to prevent flotation.

[c] The design and construction requirements of the UCC pertaining to this subsection as referred to in 34 Pa. Code (Chapters 401 through 405, as amended) and contained in the 2003 IBC (Secs. 1605.2.2, 1605.3.1.2, 1612.4 and Appendix G501.3), the IRC (Secs. R301.1 and R323.1.1) and ASCE 24-98 (Sec. 5.6) shall be utilized.

[2] Doors, floors, windows, and ceilings:

[a] Wood flooring used at or below the regulatory flood elevation shall be installed to accommodate a lateral expansion of the flooring, perpendicular to the flooring grain without causing structural damage to the building.

[b] Plywood used at or below the regulatory flood elevation shall be of a marine or water-resistant variety.

[c] Windows, doors, shutters, and other components at or below the regulatory flood elevation shall be made of metal or other water-resistant material.

[d] The provisions of the UCC pertaining to this subsection and referenced in the 34 Pa. Code (Chapters 401 through 405, as amended) and contained in the 2003 IBC (Secs. 801.1.3, 1403.2, 1403.4, 1403.6 and 1404.2), the 2003 IRC (Secs. R323.1.7 and R501.3) and ASCE 24-98 (Chapter 6) shall be utilized.

[3] Walls. Walls and ceilings at or below the regulatory flood elevation shall be designed and constructed of materials that are water-resistant and will resist water pressures and withstand inundation.

[4] Paints and adhesives:

[a] Paints and other finishes used at or below the regulatory flood elevation shall be of marine or water-resistant quality.

[b] Adhesives used at or below the regulatory flood elevation shall be of a marine or water-resistant variety.

[c] All wooden components (doors, trim, cabinets, etc.) shall be finished with a marine or water-resistant paint or other finishing material.

[d] The standards and specifications contained in 34 Pa. Code (Chapters 401 through 405, as amended), the 2003 IBC (Secs. 801.1.3, 1403.7 and Appendix G) and the 2003 IRC (Secs. R323.1.7) shall be utilized.

[5] Addition of mass or weight to structures to resist flotation.

[6] Installation of pumps to lower water levels in structures.

[7] Water and sanitary sewer facilities and systems:

[a] All new or replacement water and sanitary sewer facilities and systems shall be located, designed, and constructed to minimize or eliminate flood damages and the infiltration of floodwaters.

[b] Sanitary sewer facilities and systems shall be designed to prevent the discharge of untreated sewage into floodwaters.

[c] No part of any on-site sewage system shall be located within any identified floodplain area except in strict compliance with all state and local regulations for such systems. If any such system is permitted, it shall be located so as to avoid impairment to it, or contamination from it, during a flood.

[d] The design and construction provisions of the UCC and 34 Pa. Code (Chapters 401 through 405, as amended) and contained in the 2003 IBC (Appendix G, Secs. 401.3 and 401.4), the 2003 IRC (Sec. 323.1.6), the ASCE 24-98 (Sec. 8.3), FEMA No. 348, Protecting Building Utilities From Flood Damages, and the International Private Sewage Disposal Code (Chapter 3) shall be utilized.

[8] Pumping facilities for subsurface external foundation wall and basement floor pressures.

[9] Construction to resist rupture or collapse caused by water pressure or floating debris.

[10] Cutoff valves on sewer lines or the elimination of gravity flow basement drains.

[11] Within any identified floodplain area, the elevation of the lowest floor (including basement) of any new or substantially improved residential or nonresidential structure shall be 1.5 feet or more above the base flood elevation. Nonresidential structures may be floodproofed to 1.5 feet above the base-flood elevation in lieu of elevation, provided that they are floodproofed in accordance with W1 or W2 space classification standards contained in the United States Army Corps of Engineers publication entitled "Flood Proofing Regulations." All plans and specifications for such floodproofing shall be accompanied by a statement certified by a registered professional engineer or architect which states that the proposed design and methods of construction are in conformance with the above-referenced standards. There should be a statement submitted with the permit application and a statement submitted with the as-built floodproofing certificate prior to the issuance of the certificate of occupancy.

[12] Fully or partially enclosed areas below the lowest floor shall be prohibited. All structures located within the identified floodplain area shall be anchored. No exceptions and/or variances shall be allowed for the above-mentioned elevations and floodproofing requirements.

[13] Drainage facilities. Storm drainage facilities shall be designed to convey the flow of stormwater runoff in a safe and efficient manner. The system shall ensure proper drainage along streets and provide positive drainage away from buildings. The system shall also be designed to prevent the discharge of excess runoff onto adjacent properties.

[14] Electrical components:

[a] Electrical distribution panels shall be at least three feet above the base flood elevation.

[b] Separate electrical circuits shall serve lower levels and shall be dropped from above.

[c] The provisions pertaining to the above provisions and referenced in the UCC and 34 Pa. Code (Chapters 401 through 405, as amended) and contained in the 2003 IBC (Sec. 1612.4), the IRC (Sec. R323.1.5), the 2000 IFGC (Secs. R301.5 and R1601.3.8) and ASCE 24 (Chapter 8) shall be utilized.

[15] Equipment. Water heaters, furnaces, air-conditioning and ventilating units, and other mechanical or utility equipment or apparatus shall not be located below the regulatory flood elevation. The provisions pertaining to the above provision and referenced in the UCC and 34 Pa. Code (Chapters 401 through 405 as amended) and contained in the 2003 IBC (Sec. 1612.4), the 2003 IRC (Sec. R323.1.5), the 2000 IFGC (Secs. R301.5 and R1601.3.8) and ASCE 24 (Chapter 8) shall be utilized.

[16] Fuel supply systems. All gas and oil supply systems shall be designed to prevent the infiltration of floodwaters into the system and discharges from the system into floodwaters. Additional provisions shall be made for the drainage of these systems in the event that floodwater infiltration occurs.

[17] Streets. The finished elevation of all new streets shall be no more than one foot below the regulatory flood elevation.

[18] Storage. All materials that are buoyant, flammable, explosive or, in times of flooding, could be injurious to human, animal, or plant life, and not listed in Subsection I shall be stored at or above the regulatory flood elevation and/or floodproofed to the maximum extent possible.

[19] Placement of buildings and structures. All buildings and structures shall be designed, located, and constructed so as to offer the minimum obstruction to the flow of water and shall be designed to have a minimum effect upon the flow and height of floodwater.

(c) Prospective sale. In any case where the Board shall grant a variance to permit the erection of a structure in a flood hazard district and it shall appear that such premises is to be offered for sale or lease, or the Board grants a variance to permit a change in nonconforming use of a structure already existing in a flood hazard district and it shall appear that the premises is to be offered for sale or lease, the Board shall, for the protection of prospective purchasers and lessees, impose the following conditions:

[1] Require the applicant to advise prospective purchasers and/or lessees that the lot is located, either entirely or partially, as the case may be, in a flood hazard district.

[2] Require that before settlement or change in nonconforming use, as the case may be, may take place, the purchaser or lessee shall signify in writing that he has been advised that the premises lies partially or entirely in a flood hazard district, and a signed copy of such signification shall be delivered to the Township.

[3] Where the premises is to be conveyed, the deed shall contain the following provision: "This lot is entirely (partially) within a flood hazard district as defined by the Flood Hazard Ordinance of the Township of East Whiteland, Chester County, Pennsylvania."

O. Special requirements for subdivisions. All subdivision proposals and development proposals containing at least 50 lots or at least five acres, whichever is the lesser, in identified floodplain areas where base flood elevation data are not available, shall be supported by hydrologic and hydraulic engineering analyses that determine base flood elevations and floodway information. The analyses shall be prepared by a licensed professional engineer in a format required by FEMA for a conditional letter of map revision or letter of map revision.

[1] Editor's Note: See 32 P.S. § 679.101 et seq.

§ 200-56 Riparian buffer protection.

A. Intent. The intent of this § 200-56 is to sustain riparian buffers along stream courses, thereby preserving natural environmental resources and maintaining ecological stability. Specific objectives include the following:

(1) Affirmation of Valley Creek's designation by the Commonwealth of Pennsylvania as an "Exceptional Value Stream" by protecting it and its tributaries from environmental contamination.

(2) Enhancement of stream course water quality and provision for food and cover for aquatic and terrestrial wildlife by preserving and encouraging woodlands alongside streams that shade stream waters, trap nutrients and sediment runoff, and stabilize streambanks.

(3) Facilitation of the use of riparian buffers for open space and other uses that are compatible with the conservation and protection of natural resources.

B. Applicability and scope. This § 200-56 regulates the circumstances in which any use may occur in riparian buffer areas. The regulations of this § 200-56 apply to all districts in the Township.

C. Permitted uses in riparian buffer areas. The following uses and no other are permitted in riparian buffer areas:

(1) Undisturbed wooded or meadow areas.

(2) Open space, passive recreation, and trails, as long as the activities therein do not conflict with the primary purpose of riparian buffer areas to protect streambanks, water quality, natural habitat and scenic vistas.

(3) Front, side, or rear yards, and required lot area, for any district, provided such yards are not to be used for on-site sewage disposal systems or for non-wire fences or any other structures.

D. Prohibited uses in riparian buffer areas. The following uses and activities are specifically prohibited and shall not be subject to variance, except as specified in Subsection E:

(1) Structures.

(2) Disturbance of land, including, but not limited to, construction of stormwater management basins; cut and fill; soil, rock, or mineral extraction; removal of topsoil; or on-site sewage disposal systems.

(3) Agriculture.

(4) Removal of vegetation, except for the purpose of reestablishing permanent vegetation in order to control erosion and prevent sedimentation of an adjacent watercourse.

(5) Impervious cover.

(6) Roads, driveways, and parking lots.

E. Stream and riparian buffer crossings. Crossings by new roads and new driveways necessary to service lots within a subdivision or structures within a land development, and stormwater pipe, swales or outlet structures necessary to convey stormwater across a riparian buffer area to a watercourse shall be permitted when approved by the Township Engineer. In such situations, however, the extent of earthmoving and paving within riparian buffer areas shall be minimized, and all disturbed areas shall be revegetated as soon as practicable.

§ 200-57 Steep slope protection.

[Amended 11-8-2017 by Ord. No. 295-2017; 6-21-2021 by Ord. No. 337-2021]

A. Intent. The intent of this § 200-57 is to protect natural hillsides and their related soil and vegetative resources, thereby minimizing adverse environmental effects. Specific objectives include the following:

(1) Conservation and protection of steep and very steep slopes from inappropriate development, such as excessive grading, landform alteration, and extensive vegetation removal.

(2) Avoidance of potential hazards to life and property and the disruption of ecological balance that may be caused by increased runoff, flooding, soil, erosion and sedimentation, blasting and ripping of rock, and landslide and soil failure.

(3) Protection of the entire Township from uses of land that may result in subsequent expenditures for public works and disaster relief and adversely affect the economic wellbeing of the Township.

(4) Encouragement of the use of steep and very steep slopes for open space and other uses that are compatible with the conservation and protection of natural resources.

B. Applicability and scope. This § 200-57 regulates the circumstances in which any use may occur on areas of natural steep slope or natural very steep slope. The regulations of this § 200-57 shall apply to all districts in the Township but are not applicable to man-made steep slopes and man-made very steep slopes resulting from previous grading or earthmoving activities, except as outlined herein:

(1) In determining whether a slope is naturally occurring or man-made, the burden of proof shall be on the applicant to provide sufficient justification as to the origin, extent, and physical characteristics of the slopes, subject to review and approval by the Township Zoning Officer.

(2) In his or her review, the Zoning Officer may require additional information and documentation as outlined in Subsections I, G, and H in order to examine the existing condition and ensure that appropriate mitigation measures are employed as part of any proposed disturbance of man-made slopes.

C. Permitted uses in areas of steep slope and very steep slope. The following uses and no other are permitted in areas of steep slope and very steep slope:

(1) Agricultural uses not requiring cultivation or structures.

(2) Game preserve, wildlife sanctuary, woodland preserve, or similar conservation uses not requiring structures.

(3) Passive recreation.

(4) Sealed water supply wells with the approval of the Township Engineer.

(5) Front, side, or rear yards, and required lot area, for any district, provided such yards are not to be used for on-site sewage disposal systems or any other structures.

(6) Existing single-family detached dwellings, when permitted in the district in which the property is located. This shall apply to only the existing dwellings and not to any new dwellings on the same property or on vacant property.

(7) Replacement of existing bridges, culverts, or stream crossings, subject to appropriate permit approvals from local, state, and federal agencies.

D. Prohibited uses in areas of steep slope and very steep slope. The following uses and activities are specifically prohibited:

(1) Structures, other than those associated with Subsections C(6), E and F.

(2) Cut and fill, other than in conjunction with uses associated with Subsections C(6), E and F.

(3) Soil, rock, or mineral extraction.

(4) Removal of topsoil.

(5) On-site sewage disposal systems.

(6) Roads and parking lots, other than those associated with Subsection F(4).

E. Conditional uses in areas of very steep slope. The Board of Supervisors is authorized to grant conditional uses for the following uses, subject to recommendations of the Planning Commission and Township Engineer and pursuant to the standards of Subsections G and H:

(1) Agricultural cultivation and agricultural uses requiring structures.

(2) Conservation uses requiring structures.

(3) Passive recreation uses requiring structures.

(4) Utility easements and rights-of-way.

F. Conditional uses in areas of steep slope. The Board of Supervisors is authorized to grant conditional uses for the following uses, subject to recommendations of the Planning Commission and Township Engineer and pursuant to the standards of Subsections G and H:

(1) Any conditional use identified in Subsection E.

(2) Recreation use, whether open to the public or restricted to private membership, such as parks, camps, picnic areas, and golf courses, when permitted in the district in which the property is located; not to include enclosed structures excepting toilet facilities and small shelters usually found in developed outdoor recreational areas.

(3) Stormwater management facilities.

(4) Roads and parking lots, where required by the regulations for the district applicable to the lot without consideration of this § 200-57, provided that no practicable alternative alignments or locations exist.

(5) Central sanitary sewer systems.

(6) Accessory uses and structures customarily incidental to uses identified in this Subsection F.

G. Standards for conditional uses or variances. The Board of Supervisors, in considering a use as a conditional use, and the Zoning Hearing Board, in considering a variance, shall bear in mind the objectives of Subsection A and shall consider the following:

(1) Degree of modification proposed to the topographic, soil, and vegetation resources.

(2) Techniques and extent of mitigation proposed to offset potential adverse environmental effects.

(3) Effects on adjacent and neighboring properties.

(4) Consistency of proposed uses with the objectives of Subsection A.

H. Additional standards for conditional uses or variances. An affirmative decision shall not be issued by the Board of Supervisors for conditional uses nor by the Zoning Hearing Board for variances unless there is evidence that:

(1) Development is being proposed on areas of steep slope or very steep slope only because no other alternative location is practicable.

(2) Earthmoving activities and vegetation removal will be conducted only to the extent necessary to accommodate the proposed uses and structures and in a manner that will not cause uncontrolled surface water runoff, erosion, sedimentation, and unstable soil conditions.

(3) Mitigation techniques will be utilized, including, but not limited to, retaining walls, tree wells, the establishment of ground covers and/or low spreading shrubs, and the use of erosion control fabric.

(4) Proposed structures will be of sound engineering design, and footings will be designed in response to the site's slope, soil, and bedrock characteristics.

I. Application procedures for conditional uses or variances. An application for a zoning permit shall be filed with the Zoning Officer who shall make an initial determination on the application. For a use other than those permitted in Subsection C, an application seeking approval of a conditional use or variance shall be forwarded to the Board of Supervisors or Zoning Hearing Board, as appropriate, along with required studies or information and the findings of the Zoning Officer. The application for conditional use or use by variance shall be accompanied by the following:

(1) Plans drawn to a scale of at least one inch equals 50 feet depicting the following:

(a) Location, dimensions, and elevation of the property.

(b) Existing and proposed uses and development.

(c) Existing and proposed contours at two-foot intervals.

(d) Location and boundaries of steep slopes and very steep slopes.

(e) Cross sections and elevations of the property and proposed structures.

(f) Existing and proposed land cover characteristics of that portion of the property within the area of steep slope or very steep slope, indicating wooded areas, open areas, ground cover types, any areas with impervious surfaces, and subsurface soil types.

(2) Photographs showing existing uses, vegetation, and topography of areas of steep slope or very steep slope.

(3) Narrative report describing the slope, soil, and vegetation characteristics of that portion of the property within the area of steep slope or very steep slope. Such report shall also describe:

(a) Proposed types of structures and methods of construction, types of foundation system(s) to be employed, and proposed landscaping, sewage disposal, and water supply.

(b) Sediment and erosion control measures.

(c) Engineering and conservation techniques intended to alleviate adverse environmental effects that may be created by the proposed use.

§ 200-58 Historic resources protection.

A. Intent. The intent of this section is to protect the historic resources of East Whiteland Township and to encourage their retention and sensitive integration into the present-day circumstances of the community. These provisions are intended to discourage demolition and insensitive alteration of historic resources and to facilitate their appropriate adaptive reuse for contemporary purposes.

B. Applicability and scope. This section regulates the circumstances in which any historic resource in the Township may be demolished or altered. For the purposes of this section, "alteration" shall include changes to the exterior of an historic resource. However, for the purposes of this section, "alteration" shall also include changes to land and the exterior of buildings or structures located within 200 feet of any historic resource in the Township.

C. Permit requirement for demolition or alteration of historic resources. No person, organization, society, association, corporation, or any governmental agency or representative thereof, directly or indirectly, shall, without first obtaining a permit as herein provided, demolish or alter an historical resource.

D. Demolition or alteration of historic resources, application procedures and conditions. Permits for demolition or alteration of an historic resource, whether all or in part, shall be obtained by making application to the Township. The application shall be accompanied by written and other materials, such as photographs and drawings, providing the following information concerning the resource:

(1) Owner of record.

(2) Site plan showing all buildings, structures, plantings, and features of the property on which the resource is located.

(3) Recent photographs of the resource and its physical context.

(4) Reasons for demolition or alteration.

(5) Method of demolition or alteration.

(6) Disposition of materials from demolition or alteration.

(7) Projected uses of the site following demolition or alteration of the resource.

E. Demolition or alteration permit application review. The Zoning Officer shall notify the Historical Commission of the application for demolition or alteration permit within five business days of acceptance of a properly filed application, including relevant fees. Within 30 days of the date of application filing, the Historical Commission or a subcommittee thereof shall consider the application for demolition or alteration and shall render an initial recommendation.

F. Initial recommendation of Historical Commission. The Historical Commission may recommend approval of the demolition or alteration permit application and may so advise the Zoning Officer. The Zoning Officer then is authorized to issue the demolition or alteration permit in accordance with the Building and Fire Codes and other applicable codes. Alternatively, the Historical Commission may require that the applicant provide documentation of the resource proposed for demolition or alteration prior to the issuance of a demolition or alteration permit.

G. Documentation of historic resources. Upon the direction of the Historical Commission pursuant to Subsection F, the applicant for a demolition or alteration permit shall provide an historical resource impact study documenting the resource proposed to be demolished or altered. Such documentation shall include:

(1) A detailed description of the resource and its context, including topography, vegetation, landscaping, driveways, and associated structures and features.

(2) Detailed site plan of the resource, measured floor plans, and exterior elevations.

(3) Comprehensive photographic record of the resource and its context.

(4) Statement of the significance of the resource and its context to the Township and environs.

(5) Financial documentation, including:

(a) Amount paid for property, date of purchase, and party from whom purchased, including a description of the relationship, whether business or familial, if any, between the owner and the person from whom the property was purchased.

(b) Assessed value of the land and improvements thereon according to the most recent assessment.

(c) For depreciable properties, a pro forma financial statement prepared by an accountant or broker of record.

(d) All appraisals obtained by the owner in connection with his purchase or financing of the property or during his ownership of the property.

(e) Bona fide offers of the property for sale or rent, price asked, and offers received, if any.

(f) Any consideration by the owner as to adaptive uses for the property, including the historic resources.

(6) Statement of potential impact of proposed demolition or alteration on historic resources and mitigation measures that have been considered to diminish or eliminate any harmful effects that could result.

H. Second recommendation of the Historical Commission. Upon receipt of the full documentation of the historic resource proposed for demolition or alteration, the Zoning Officer shall notify the Historical Commission within five business days of acceptance. Within 30 days of the date of the full documentation filing the Historical Commission or a subcommittee thereof shall consider the application for demolition or alteration and shall render a recommendation. The Historical Commission may recommend approval of the demolition or alteration application and so advise the Zoning Officer. Alternatively, the Historical Commission may recommend denial of the application. In such cases, the Historical Commission shall make a written report to the Board of Supervisors setting forth reasons for the recommendation and the evidence considered.

I. Board of Supervisors decision on demolitions or alterations. Within 30 days of receipt of the Historical Commission's report, the Board of Supervisors shall consider the Historical Commission's recommendation for denial of the application for demolition or alteration of an historic resource. The owner of the resource proposed for demolition or alteration shall be given at least 10 days' notice of the meeting of the Board of Supervisors to consider the denial recommendation. The Board of Supervisors shall consider any evidence, reports, or testimony from interested parties and shall render a decision to either deny or approve the application for demolition or alteration within 21 days of the meeting. This period may be extended, and its length established, by mutual consent of the applicant and the Board of Supervisors.

J. Conditional uses for historic resources. In addition to the uses permitted by right, special exception, or conditional use in the various zoning districts in this chapter, the Board of Supervisors may authorize special uses for historic resources in order to encourage their retention and facilitate appropriate adaptive reuse. Such conditional uses may include professional or business offices, cultural facilities, eating and drinking establishments, and guest houses or inns in Residential Districts; residences, cultural facilities, and guest houses or inns in Mixed Use Districts; and any such similar uses in Industrial, Institutional, or Open Space Districts. Applications for such conditional uses shall meet the following criteria:

(1) The use shall not generate high levels of vehicular traffic, or noise, noxious odors, air pollution, or glare.

(2) The manner, location, and hours of operations and of deliveries to the premises shall be compatible with the daily cycle of active and quiet periods associated with any adjacent residential uses.

(3) The use shall complement other uses in the district, creating a mixed use character that contributes toward an increased rate of pedestrian access to local services, minimized auto trip generation, and additional security for district businesses.

(4) Mixed use structures containing residences shall have nonresidential uses only on a level or floor below residential uses.

K. Special exception uses for historic resources. The Zoning Hearing Board is authorized to grant special exceptions for modifications to the development standards dimensions relevant to an historic resource for applications meeting the following criteria:

(1) Granting of a special exception is necessary to encourage the retention and appropriate adaptive reuse of the historic resource.

(2) Granting of a special exception will have minimal detrimental effect on adjacent and neighboring properties.

(3) Any proposed rehabilitation, alteration, or enlargement of an historic resource shall be in substantial compliance with the Secretary of the United States Department of Interior's Standards for Rehabilitation.

L. Demolition by neglect.

[Added 4-13-2016 by Ord. No. 280-2016]

(1) Demolition by neglect shall be considered to be the readily observable deterioration of a structure due to lack of routine maintenance, which has a detrimental effect upon the character, stability or structural integrity of the historic resource, thereby constraining or negating the structure's ability for rehabilitation or reuse. Lack of maintenance includes but is not limited to:

(a) The deterioration of exterior walls or other vertical supports.

(b) The deterioration of roofs or other horizontal members.

(c) The deterioration of external chimneys.

(d) The deterioration or crumbling of exterior plasters or mortar.

(e) The ineffective waterproofing of exterior walls, roofs., foundations, windows and doors.

(f) The lack of effective paint or other covering, thereby promoting rot or other decay.

(g) The deterioration of any feature so as to create or permit the creation of any hazardous or unsafe condition.

(2) Demolition by neglect shall not be used as an automatic excuse by an applicant as justification for an active demolition application.

(3) When it can be shown that an owner has held an identified Class 1, II or III historic resource property for at least five years and allowed that property to fall into the category of demolition by neglect due to lack of routine maintenance, and cannot prove that the negligence has occurred as a result of lack of financial ability to provide maintenance, the owner may be subject to fines or prosecution for violation of this subsection and other ordinances of East Whiteland Township. In determining financial ability, the Commission and the Board will consider the financial resources and nature of the property owner, cost of repairs, current value of the property and the potential value and uses of the property.

M. . Enforcement.

[Added 4-13-2016 by Ord. No. 280-2016]

(1) Fines and penalties. Any person who violates the requirements of this section shall be subject to the penalty provisions imposed under this chapter in accordance with § 200-8, as well as those penalties imposed under Township Building and Fire Codes.

(2) No building permit will be issued for a minimum of one year for a property which was occupied by a Class I or II historic resource which subsequently is demolished in violation of this section.