Township of Hanover, PA Article IX Special Conservation District

§ 185-39 Regulations applicable to SCD Special Conservation District.

A. General.

(1) The boundaries and areal extent of the Special Conservation District are based on soil types and conditions as delineated by the Soil Conservation Service, United States Department of Agriculture, which are classified as having factors which limit their suitability for development. The boundaries and areal extent of the Special Conservation District are also based on limits of flooding and high water table conditions as delineated by the Federal Insurance Administration, United States Department of Housing and Administration, United States Department of Housing and Urban Development in their "Flood Insurance Study" for Hanover Township, Northampton County, Pennsylvania prepared by the Delaware River Basin Commission, as shown on the Official Township Map, and as observed by field inspection.

(2) Soil interpretations and soil limitations on development are contained in "Soil Survey of Northampton County, Pennsylvania" (Soil Conservation Service, July 1974, Maps 37, 38, 41, 42 and 45 or succeeding revisions).

(3) The Special Conservation District includes all areas with the following soil types (name and symbol given):

(a) Conestoga silt loam, 8% to 15% slopes (CoC).

(b) Urbana silt loam, 2% to 10% slopes (UtB).

(c) Comly silt loam, 0% to 15% slopes (CmA, CmB, CnB).

(d) Washington silt loam, 8% to 15% slopes (WaC).

(e) Washington silt loam, 8% to 15% slopes eroded (WaC3).

(f) Washington silt loam, 15% to 25% slopes (WaD).

(g) Washington very rocky silt loam, 25% to 75% slopes (WhF).

(h) Holly silt loam (Ho).

(i) Clarksburg silt loam, 0% to 3% slopes (ClA, ClB).

(4) The Special Conservation District includes those areas shown in the Comprehensive Plan and/or Official Township Map and/or the "Soil Survey of Northampton County, Pennsylvania" as mines, quarries, steep slopes over 15%, marshes, bogs, high water table areas, ponds, flood-prone areas and drainage swales.

(5) The Special Conservation District includes those areas indicated as being within the one-hundred-year flood boundaries. This area includes the floodway and flood fringe of the one-hundred-year flood, as outlined in the above referenced "Flood Insurance Study."

(6) The Special Conservation District includes all those areas delineated as waterways on the Official Township Map.

(7) The Special Conservation District includes those areas in the Township having flooding conditions which have not specifically been delineated in any above-referenced study or plan. These areas primarily include major low areas in the topography which have no natural drainage outlet on the surface. These major low areas or "sumps" act as natural stormwater runoff collection points and for that reason possess limitations to development.

(a) Major low areas shall be defined as those that could collect runoff to a depth of 2.0 feet or more and comprise a ponding area of more than 2.0 acres.

(b) Major low areas may be drained and graded, in accordance with Subsection A(7)(c), in order to eliminate pockets of standing water, except that the overall rate of runoff from the drainage basin shall not be increased by elimination or alteration of any such major low area.

(c) Before approval of any grading and drainage of such major low areas, the applicant shall submit to the Supervisors a report prepared by a registered engineer and/or certified geologist providing sufficient geological and soil information and opinions as to confirm to the Board of Supervisors satisfaction that such grading and drainage will have no adverse effects to the geology of the major low area.

B. Effect of a Special Conservation District designation.

(1) If a lot is designated as being located in or within 100 feet of a Special Conservation District, the following requirements in any district may be altered:

(a) Permitted and accessory uses.

(b) Area and bulk regulations.

(c) Sewer and water supply.

(d) Any minimum and uniform regulation listed in § 185-6B.

(2) Permitted and accessory uses. Except for the floodway and flood fringe portions of the Special Conservation District, permitted and accessory uses in a Special Conservation District shall be the same as permitted and accessory uses in the residential, commercial, or employment district in which the lot is situated.

(3) Area and bulk regulations. Area and bulk regulations for lots situated in a Special Conservation District shall be modified as so stated in the area and bulk regulations for each district.

(a) The minimum lot area in any district shall be increased by 50% if more than 25% of the total lot area is situated in a Special Conservation District.

(b) The maximum densities allowed in the Multiple-Family Residential District (R-2) shall be reduced by a factor of 60% if more than 25% of the total lot area is situated in a Special Conservation District.

(c) The maximum lot coverage allowed in any district shall be reduced by a factor of 60% if more than 25% of the total lot area is situated in a Special Conservation District.

(4) Site design considerations. Buildings and structures should be so sited on the lot to avoid land area situated in a Special Conservation District especially in the floodway and flood fringe portions where buildings and permanent structures are prohibited.

(a) In order to accomplish the above goal, the Planning Commission may waive yard requirements up to a maximum of 50% of the normal requirement.

(b) In no case shall the front yard be less than 20 feet.

C. Site plan approval.

(1) If a lot or portion thereof is in or within 100 feet of a Special Conservation District, site plan review by the Planning Commission and approval by the Board of Supervisors shall be required.

(a) A site plan shall be required for all lots.

(b) The areal extent of the Special Conservation District shall initially be determined from the Zoning Map or as determined by the process described in Subsection C(3).

(c) The areal extent of the floodway and flood fringe portions of the Special Conservation District shall be determined by the process described in Subsection D.

(2) The required site plan shall contain the following information:

(a) Location, size orientation of the lot and the Special Conservation District portion of the lot.

(b) Location of all existing and proposed structures on the lot, and the elevation of all floors contained therein.

(c) Location and elevation of all existing and proposed utilities on the lot.

(d) Site contours at two-foot intervals.

(e) The location of any floodway and/or flood fringe which encroaches upon the lot, and the one-hundred-year floodwater elevation.

(f) For additional site plan requirements, see § 185-22C.

(3) If the owner or developer does not wish to use the Zoning Map determination of the areal extent of the Special Conservation District, he may elect to follow the requirements listed below:

(a) Obtain an on-site soil survey of the Special Conservation District portion of the site as delineated by the Zoning Map.

(b) Obtain an on-site soil survey of a one-hundred-foot-wide band surrounding the periphery of the Special Conservation District as delineated by the Zoning Map.

(c) The survey shall determine the type of soil present at the site, which then shall be compared with the soil types characteristics as described in "Soil Survey of Northampton County, Pennsylvania; July 1974" or a revision thereof.

(d) If the on-site soil survey indicates that one or more of the soil types (or equivalents) listed in Subsections A(3) and A(4) are present, the Special Conservation District requirements in Subsection B shall apply.

(e) If the on-site survey indicates that one or more of the floodplain soils are present, then floodway and flood fringe portions of a Special Conservation District requirements in Subsection D shall apply.

(f) The on-site soil survey shall be made in accordance with accepted soil surveying techniques by a registered engineer or qualified soil scientist.

D. Floodway and flood fringe portions of a Special Conservation District.

(1) The extent of the floodway and flood fringe for these regulations shall be determined by an analysis of the one-hundred-year flood.

(a) During the review of the site plan required under Subsection C(1) the Planning Commission shall review the areal extent of the floodway and flood fringe shown and shall approve its position prior to or concurrently with the approval of any site plan for a Special Conservation District. During the review of the site plan the Planning Commission shall rely on any documentation of flooding it may have at its disposal including but not limited to the Flood Insurance Study referred to in Subsection A(1).

(b) Flood fringe portions may be altered in accordance with state law by design of integrated stormwater management systems that would alter the area subject to flooding and decrease or maintain the present rate of runoff from the drainage area.

(2) Permitted uses: floodway. Only the following uses shall be permitted in the floodway portion of the Special Conservation District:

(a) Municipal or utility stream crossings, encroachments or stream improvements subject to a review and permit approval of the Department of Environmental Protection.

(b) Agriculture and agricultural operations.

[Amended 11-20-2001 by Ord. No. 01-12]

(c) Public and private recreational uses and activities such as parks, day camps, picnic grounds, golf courses, boat launching and swimming areas, hiking, horseback riding trails, wildlife and nature preserves, game farms, fish hatcheries, trap and skeet ranges, and hunting and fishing areas, but excluding residential uses such as yard areas, gardens, play areas.

(3) Permitted uses: flood fringe. Only the following uses shall be permitted in the flood fringe portion of the Special Conservation District:

(a) All those uses allowed under Subsection D(2).

(b) Roads and pathways.

(4) Prohibited uses in the floodway and flood fringe portions of a Special Conservation District. The following building types, structures, or uses shall be prohibited in the floodway or flood fringe portions of a Special Conservation District:

(a) Any structure, building or use not specifically permitted in Subsection D(2) and (3).

(b) Any fill, change of grade, or retention wall which alters the real extent or boundaries of the floodway or flood fringe, except that, filling and grading may be permitted if made as part of the implementation of an integrated stormwater management project as discussed in Subsection D(1)(b).

(c) An unsealed water supply well or water supply basin.

(d) A public or private swimming pool.

(e) A sewage lagoon or waste storage lagoon, or similar lagoon.

(f) Storage area for insecticides, herbicides, pesticides, chemical, materials, and the like which potentially could cause a water pollution problem.

(g) Any refuse site, excavation site, dump, junk yard, storage of animals wastes, or storage of inflammable liquids.

(h) Any fill, change of grade, structure, building or use which eliminates, or partially eliminates desirable natural, or manmade, existing storm runoff retention areas, where made as part of the implementation of any integrated stormwater management project as discussed in Subsection D(1)(b) and Subsection A(7).

E. The degree of flood protection sought by the provisions of this chapter is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This chapter does not imply that areas outside the floodplain districts, or that land uses permitted within such districts will be free from flooding or flood damages. This chapter shall not create liability on the part of Hanover Township, Northampton County, or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.