In the interest of public health, safety, and
welfare, and in connection with the purposes and objectives of this
chapter, the purpose of this district is intended:
A. To conserve and protect those areas having steep slopes,
as so defined in this chapter, from excessive and inappropriate development
by establishing SSC Districts in the Township.
B. To maintain the ecological integrity and habitat of
an SSC District (i.e., indigenous vegetation and wildlife), which
would be adversely affected by indiscriminate development.
C. To prevent development that would cause excessive
erosion and consequently promote increased flood crests and flood
hazards both upstream and downstream.
D. To protect the quality of stream water in the Township
which would be threatened by inappropriate grading and development
in SSC Districts.
E. To safeguard life and property from the dangers of
excessive grading, erosion, and development in areas of steep slopes.
F. To implement Article
I, Section 27, of the Constitution of the Commonwealth of Pennsylvania, which declares the right of commonwealth citizens to clean air, pure water, and to the preservation of the natural, scenic, historic, and aesthetic values of the environment.
[Amended 10-27-2008 by Ord. No. 08-2008]
The SSC District is comprised of areas of moderately
steep slope (15% to 25%) and very steep slope (greater than 25%),
as defined by this chapter.
An initial interpretation of whether a particular
parcel is or parcels are affected by an SCC District shall be made
by the Zoning Officer.
A. Any party or parties dissatisfied with the decision of the Zoning Officer, due either to the location of the SSC District or the methodology used in locating it, may appeal said decision to the Zoning Hearing Board through the guidelines established for such an appeal in Article
XXII of this chapter.
B. The burden of proof for the incorrectness of the Zoning
Officer's decision shall be on the appellant.
[Amended 10-27-2008 by Ord. No. 06-2008; 10-27-2008 by Ord. No. 08-2008]
The following uses shall be permitted in the
SSC District so long as the application for such use is in compliance
with the regulations and provisions of this chapter, the Londonderry
Township Stormwater Management Ordinance, and the Londonderry Township
Erosion and Sedimentation Control Ordinance, and/or so long as the
use itself does not violate any other regulation or provision of relevant
codes and ordinances of Londonderry Township:
A. Wildlife sanctuary, woodland preserve, arboretum,
and passive recreation areas, including parks but excluding any enclosed
structures.
B. Game farms or hunting preserves for the protection
and propagation of wildlife, but excluding enclosed structures.
C. Agricultural uses such as forestry, reforestation, grazing, cultivation and harvesting or crops and other agricultural produce, nurseries, orchards, and so forth. Any forestry activity shall be in accordance with the terms of §
170-130.5 of this chapter.
[Amended 1-3-2011 by Ord. No. 01-2011]
D. Nonstructural accessory uses (excepting swimming pools),
necessary for the operation and maintenance of the above permitted
uses.
E. Similar uses to the above which are in compliance with the intent of this article, as defined in §
170-83.
[Amended 10-27-2008 by Ord. No. 08-2008]
The following uses shall be permitted when approved as conditional uses by the Board of Supervisors, in accordance with the standards of this article and §
170-157:
A. Grading for the minimum portion of a driveway necessary
to access a single-family dwelling, when it can be demonstrated by
a registered engineer on behalf of the applicant that no other routing
which avoids slopes of 15% or greater is feasible.
B. Any road necessary to provide primary or emergency access to a use permitted by this chapter, when no practical alternative exists in an area with slope less than 15%. A statement shall be provided by a registered engineer, on behalf of the applicant, that no practical access alternative exists. Any such road shall be constructed according to the standards of Chapter
130, Subdivision and Land Development.
C. Single-family detached dwelling, provided that:
(1) No such dwelling shall occupy or disturb any area
of very steep slope.
(2) The minimum gross lot area and minimum net lot area
for the construction of said dwellings on lots containing areas of
moderately steep slope shall be the minimum gross lot area and minimum
net lot area of the underlying zoning district.
[Amended 10-27-2008 by Ord. No. 08-2008]
For any proposed use within the SSC District permitted under the terms of §
170-86 or
170-87, the following information shall be submitted to the Zoning Officer.
A. For any use requiring earthmoving activity in the
SSC District, the applicant shall submit a land plan and appropriate
calculations done by a registered engineer or land surveyor illustrating
that no more than 10% of the land area located within the SSC District
will be disturbed.
B. All applications shall be accompanied by:
(1) A plan certified by a registered engineer which accurately
locates the proposed use with respect to the SSC District, including
the relationship of the proposed use to areas of moderately steep
slope and/or very steep slope, as well as any existing development
within 200 feet of the boundaries of the proposed development; and
(2) Unless otherwise required by this chapter or other
applicable regulation, pertinent information, such as the nature of
the proposal, a legal description of the property, topographical elevations
at two-foot intervals, a sediment and erosion control plan, and a
stormwater management plan.
C. Where the proposed activity affecting the SSC District is part of a subdivision or land development application, the terms of §
130-84 of the Londonderry Township Subdivision and Land Development Ordinance shall be met.
D. For any use permitted by conditional use under the terms of §
170-87, the following information is required in addition to that required in §
170-88B, above:
(1) Pertinent structure, grading, or fill elevations.
(2) Size, location, and spatial arrangements of all proposed
and existing structures on the site.
(3) Location and elevations of streets, water supply systems,
sanitary facilities, soil types, existing vegetation, and drainage
facilities.
(4) Specifications for building construction and materials,
including filling, grading, storage materials, water supply, and sanitary
facilities.
E. Additional criteria for review of conditional use
applications. In evaluating any application for conditional use approval,
the Board of Supervisors shall evaluate the consistency of the proposal
with the following criteria:
(1) In addition to the limitations on disturbance to areas
of moderately steep slope and very steep slope, disturbance to other
particularly sensitive features of the site shall be avoided. Special
emphasis in planning for the site should be given to the protection
of:
(b)
Underlying geology which comprises, or contributes
to, a major groundwater resource, including the flow of existing springs.
(2) The proposed development, any impervious ground cover,
and the resultant disturbance to the land and existing vegetative
cover will not cause runoff and/or related environmental problems
off the site.
(3) 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.
(4) Important visual qualities of the site shall, to the
maximum extent feasible, be retained; in addition to vegetation, these
may include hilltops or ridgelines, rock outcroppings, and the natural
terrain and contours of the site.
(5) Road construction shall follow the natural topography,
with cuts and grading minimized.
(6) Innovative, imaginative building techniques that are
well-suited to slope conditions shall be encouraged, consistent with
other applicable codes and regulations.
(7) The equilibrium of the slope, as characterized by
the existing interrelationships among the soil, water, and vegetation,
shall be disturbed as little as possible.
(8) The Board of Supervisors may stipulate any additional
engineering and conservation techniques which it deems necessary to
alleviate environmental problems created by the proposed development
activities.
F. No approval or building permit shall be authorized
by the Zoning Officer, and no conditional use approval shall be granted
by the Board of Supervisors, without the Township Engineer’s
review of this material and his recommendation thereon.
The granting of a zoning permit or approval
of a subdivision or land development plan on or near the SSC District
shall not constitute a representation, guarantee, or warranty of any
kind by the Township, or by an official or employee thereof of the
practicability of safety of the proposed use, and shall create no
liability upon the Township its official or employees. The degree
of erosion and sediment control protection intended to be provided
by this chapter is considered reasonable for regulatory purposes and
is based on engineering and scientific methods of study. This chapter
does not imply that areas outside the SSC District boundaries or land
uses permitted within said district will always be totally free from
the adverse effects of erosion.