[Added 12-15-2003 by Ord. No. 03-05]
The broad purpose of this article, and its related
provisions, is to preserve and protect Upper Uwchlan Township's natural
resources, which include but are not limited to steep slopes (i.e.,
prohibitive and precautionary slopes); woodlands and hedgerows; wetlands
and watercourses; riparian buffers; trails; and historic features.
A.
Intended purposes. The purposes of this section are
as follows:
(1)
To promote the public health, safety and welfare by
the protection of steep slope areas and by encouraging the retention
of open space located and designed so as to constitute a harmonious
and appropriate part of the physical development of Upper Uwchlan
Township.
(3)
To limit soil erosion and the resultant destruction
of the land, siltation of streams, and damage to the property of individuals.
(4)
To protect low-lying areas from flooding by limiting
the increase in stormwater runoff caused by grading of slope areas,
changes of ground cover, or the erection of structures.
(5)
To maintain the ecological integrity and habitat value
of steeply sloped areas, i.e., indigenous vegetation and wildlife,
which could be adversely affected by otherwise permitted disturbances.
(6)
To allow the continuing replenishment of groundwater
resources and the maintenance of springs.
B.
General provisions.
(1)
Compliance. No area within the Steep Slope Conservation
District shall hereafter be used without full compliance with the
terms of this section and other applicable regulations.
(2)
Steep Slope Conservation District overlay concept.
The Steep Slope Conservation District shall be deemed to be an overlay
on any zoning district(s) now or hereafter enacted to regulate the
use of land in Upper Uwchlan Township.
(a)
The Steep Slope Conservation District shall
have no effect on the permitted uses in the underlying zoning district,
except where said uses are intended to be located within the boundaries
of the Steep Slope Conservation District, as defined herein, and said
uses are in conflict with the permitted uses set forth in this section.
(b)
In those areas of Upper Uwchlan Township where
the Steep Slope Conservation District applies, the requirements of
the Steep Slope Conservation District shall supersede the requirements
of the underlying zoning district(s).
(c)
Should the Steep Slope Conservation District
boundaries be revised as a result of legislative or administrative
actions or judicial decision, the zoning requirements applicable to
the area in question shall revert to the requirements of the underlying
zoning district(s) without consideration of this section.
(d)
For any parcel or any part thereof on which
the Steep Slope Conservation District is an overlay, should the zoning
classification(s) be changed as a result of legislative or administrative
actions or judicial decision, such change(s) in classification shall
have no effect on the boundaries of the Steep Slope Conservation District,
unless an amendment to said boundaries was included as part of the
proceedings from which the subsequent change(s) originated.
(3)
Preservation of other restrictions. It is not intended
by this section to repeal, abrogate, or impair any existing easements,
covenants, or deed restrictions. However, where this section imposes
greater restrictions, the provisions of this section shall prevail.
(4)
Municipal liability. The granting of a zoning permit
or approval of a subdivision or land development plan within or near
the Steep Slope Conservation District shall not constitute a representation,
guarantee, or warranty of any kind by Upper Uwchlan Township, or by
any official or employee thereof, of the practicability or safety
of the proposed use and shall create no liability upon Upper Uwchlan
Township, its officials or employees. This chapter does not imply
that areas outside the Steep Slope Conservation District boundaries
or land uses permitted within said District will always be totally
free from the adverse effects of erosion.
C.
Designation and interpretation of district boundary.
(1)
The Steep Slope Conservation District consists of
two areas (i.e., prohibitive slopes and precautionary slopes) which
are defined and delineated as follows:
(a)
Prohibitive slopes. Prohibitive slopes are those
land areas with slopes of 25% or greater, as determined using the
methodology outlined in the following sections:
[1]
The maximum elevation difference over which
slope may be determined is 20 feet.
[2]
The limit of prohibitive slopes is to be determined
by the first contour interval, with contour intervals measured at
five-foot intervals, over which 25% slopes occur. Prohibitive slopes
shall not be averaged over areas which do not slope 25% or more.
[3]
Areas of land over 25% slope consisting of less
than two contour intervals, with contour intervals measured at five-foot
intervals, and less than 1,000 square feet in extent may be excluded
provided that they do not adjoin or abut larger areas of precautionary
slopes or prohibitive slopes as defined herein.
[4]
Areas of prohibitive slopes shall be carefully
measured and enumerated on the plan with respect to their occurrences
in each of the individual lots proposed.
(b)
Precautionary slopes. Precautionary slopes are
those land areas with slopes between 15% and 25%, as determined using
the methodology outlined in the following sections:
[1]
The maximum elevation difference over which
slope may be determined is 20 feet.
[2]
The limit of precautionary slopes is to be determined
by the first contour interval, with contour intervals measured at
five-foot intervals, over which 15% slopes occur. Precautionary slopes
shall not be averaged over areas which do not slope between 15% and
25% or more.
[3]
Areas of land with 15% to 25% slope consisting
of less than two contour intervals, with contour intervals measured
at five-foot intervals, and less than 1,000 square feet in extent
may be excluded provided that they do not adjoin or abut larger areas
of precautionary slopes or prohibitive slopes as defined herein.
[4]
Areas of less than 15% slope which are abutted
on more than one side by an area of precautionary slopes shall be
averaged with the adjoining area of precautionary slopes.
[5]
Areas of precautionary slopes shall be carefully
measured and enumerated on the plan with respect to their occurrence
in each of the individual lots proposed.
(2)
Boundary interpretation and appeals procedure.
(a)
Each application for construction or land disturbance within the Steep Slope Conservation District shall be submitted in accordance with Subsection E. Any area of Steep Slope Conservation District that falls within the subject lot or lots shall be interpolated and shown on the site plan required under Subsection E through shading of such area or areas.
(b)
Where an interpretation is needed as to the
exact location of the boundaries of the district in relation to a
given parcel, an initial determination shall be made by the Township
Engineer. Any party seeking such a determination may submit a topographic
survey of the property and any other pertinent documentation for consideration.
The Township Engineer shall make a written report of the results of
his initial determination, a copy of which shall be provided to the
Board of Supervisors.
(c)
Any party aggrieved by any such determination
of the Township Engineer, or other decision or determination under
this section, may appeal to the Zoning Hearing Board. The party contesting
the location of the district boundary shall have the burden of proof
in case of any such appeal.
D.
Permitted uses.
(1)
Standards applicable to all uses within the Steep
Slope Conservation District.
(a)
All grading shall be minimized, and no grading
shall be undertaken within any area of the Steep Slope Conservation
District except where approved in conjunction with a use permitted
under the terms of this section.
(b)
Finished slopes of all cuts and fills shall
not exceed 33%, unless the applicant can demonstrate that steeper
slopes can be stabilized and maintained adequately.
(c)
No grading shall occur without an erosion and
sediment control plan as may be required pursuant to applicable regulations
and as may be administered by the Chester County Conservation District.
(2)
Uses permitted in areas of prohibitive slopes. The
following are the only uses permitted as of right in areas of prohibitive
slopes. Such uses also shall be in compliance with the base zoning
district, and shall not involve the erection of buildings, construction
of streets, installation of sewage disposal systems, or permanent
removal of topsoil.
(a)
Parks and outdoor passive recreational uses, consistent with the goals of watershed protection, as established in this chapter, Chapter 162, Subdivision and Land Development, and the Township's Comprehensive Plan, as amended.
(b)
Logging and woodcutting, where such activity
is limited to highly selective removal of trees. Maximum precautions
shall be taken to avoid destruction of or injury to desirable understory
vegetation and remaining trees. Woodland management assistance is
available through the Pennsylvania "Forest Stewardship Program" administered
by the Pennsylvania Bureau of Forestry.
(c)
Grading for the minimum portion of a driveway
accessing a single-family dwelling when it can be demonstrated that
no other routing which avoids slopes exceeding 25% is feasible.
(d)
Yard area(s) of a building where such building
is not within the Steep Slope Conservation District.
(3)
Uses permitted in areas of precautionary slopes.
(a)
Uses permitted by right. The following are the
only uses as of right in areas of precautionary slopes, provided they
are also in compliance with the base zoning district and all other
provisions of this chapter.
[1]
Parks and outdoor passive recreational uses, consistent with the goals of watershed protection, as established in this chapter, Chapter 162, Subdivision and Land Development, and the Township's Comprehensive Plan, as amended.
[2]
Tree farming, forestry, and other agricultural
uses when conducted in conformity with accepted conservation practice,
including minimum tillage methods, and as may be approved by the USDA
Natural Resources Conservation Service or the Chester County Conservation
District. Woodland management assistance is available through the
Pennsylvania "Forest Stewardship Program" administered by the Pennsylvania
Bureau of Forestry.
[3]
Access roads for the passage of emergency vehicles
in the event of fire or accident.
[4]
Accessory uses (except swimming pools), necessary
for the operation and maintenance of the above permitted uses.
[5]
Yard area(s) of a building where such building
is not within the Steep Slope Conservation District.
(b)
Uses permitted by conditional use. Any of the following uses are permitted within areas of precautionary slopes when approved as a conditional use by the Board of Supervisors in accordance with § 200-116 of this chapter. In making its determination, the Board shall give particular weight to the criteria and standards in Subsection E.
[1]
Any structure permitted by right, special exception
or conditional use according to the terms of the underlying base zoning
district.
[2]
Any road necessary to provide preliminary access
to a use permitted by this chapter, when no practical alternative
exists in an area of lesser slope.
[3]
Sealed public water supply wells, where approved
by all regulatory agencies.
[4]
Sanitary or storm sewers, where approved by
all regulatory agencies.
(c)
On any lot containing an area or areas of precautionary
slopes, the total amount of impervious surface that may be installed
or maintained within the total area or areas of precautionary slopes
shall not exceed 50% of the maximum amount of impervious surface permitted
on any lot in the underlying base zone district.
E.
Administration. Administration of this section is governed by Article XIX of this chapter. In addition, the following requirements shall apply:
[Amended 1-17-2006 by Ord. No. 06-01]
(1)
Application procedures. Before a permit is issued
for any construction or land disturbance activity on land within or
affecting the Steep Slope Conservation District, the following material,
in full or in pertinent parts, shall be submitted for review by the
Township Engineer.
(a)
An earthmoving plan of the property which indicates
existing grades with contour lines at five-foot intervals and proposed
grades within the area of any proposed activity, disturbance, or construction.
All areas of prohibitive and/or precautionary slopes shall be shaded
accordingly.
(b)
A site plan indicating existing and proposed
structures, other impervious surfaces, stormwater management facilities,
and retaining walls. The site plan also shall locate and identify
existing vegetation and ground cover within areas of prohibitive slopes
and precautionary slopes, as well as landscaping material proposed
for installation.
(c)
Architectural plans, elevations, and sections
of any proposed structures.
(d)
A report, signed and sealed by a registered architect or engineer, that describes, in detail the site's soil, topographic, and hydrologic conditions; the building and other methods to be used to overcome foundation and other structural problems created by slope conditions; preservation of natural watershed boundaries and surface and groundwater flows; prevention of soil erosion and resulting downgradient sedimentation in accordance with § 162-51 of Chapter 162, Subdivision and Land Development; and prevention of the runoff of excess water onto neighboring properties and/or streets. In no case shall a use, as allowed by this chapter within areas of precautionary slopes or prohibitive slopes, result in an off-site increase of stormwater runoff over preapproval conditions.
(e)
Plan, profile, and typical cross-sections of
any proposed street, emergency access, or driveway within areas of
prohibitive or precautionary slopes, with the seal of a registered
professional engineer thereon.
(f)
A statement, signed by the owner or future occupant
at the time of subdivision, land development, or building permit application,
that there is a full understanding of any difficulties associated
with access stemming from steep slopes. No zoning permit shall be
issued by the Zoning Officer, and no conditional use shall be granted
by the Board of Supervisors, without the Township Engineer's review
of this material and his recommendation thereon.
(2)
Standards and criteria for review of conditional use applications. In addition to the requirements of Subsection E(1) above and in evaluating any application for conditional use within areas of precautionary slopes, the Board of Supervisors shall determine consistency of the proposal with the following:
(a)
Disturbance to particularly sensitive features
of the site shall be minimized; special emphasis in planning for the
site shall be given to the protection of:
(b)
Disturbance shall be minimized where the length
of area of precautionary slopes, both on the site and on adjacent
lands within 200 feet of the site, is extensive.
(c)
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.
(d)
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, transportation 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.
(e)
Important visual qualities of the site shall,
to the maximum extent feasible, be retained; in addition to vegetation,
these may include hilltops/ridgelines, rock outcroppings, and the
natural terrain and contours of the site.
(f)
Road construction shall follow the natural topography,
with cuts and grading minimized.
(g)
Innovative, imaginative building techniques
that are well-suited to slope conditions shall be encouraged, consistent
with other applicable codes and regulations.
(h)
The equilibrium of the slope, as characterized
by the existing interrelationships among the soil, water, and vegetation,
shall be disturbed as little as possible.
F.
Uses and/or structures rendered nonconforming by the adoption of this district. Following the adoption of this section, any use or structure which is situated within the boundaries of the Steep Slope Conservation District and which does not conform to the permitted uses specified in Subsection D shall become a nonconforming use or structure, regardless of its conformance to the district in which it is located without consideration of this section. The expansion or continuance of said nonconforming use or structure shall be governed by the requirements of Article XVII of this chapter. However, the Zoning Hearing Board shall also ensure that the standards contained in Subsection E are applied to the expansion or continuance of said nonconforming use or structure.
A.
Applicability.
(1)
Except for individual lots existing at the time of adoption of this section and occupied or intended to be occupied by single-family or two-family dwellings, the provisions of § 162-55 of Chapter 162, Subdivision and Land Development, shall apply to all uses and to any change in use in Upper Uwchlan Township, such standards incorporated herein by this reference.
(2)
Where any use or activity requires approval of any building or zoning permit, zoning variance, special exception or conditional use, such approval or permit shall be conditioned upon compliance with the provisions of said § 162-55. Plans accompanying conditional use application may be conceptual in nature but shall demonstrate the ability to achieve the objectives of § 162-55.
(3)
It is the intention of this section that the provisions of said § 162-55 shall apply independently under this chapter only where Chapter 162, Subdivision and Land Development, does not otherwise apply to the proposed use or activity. Therefore, where any use, activity, permit or approval is also subject to subdivision or land development review, there shall be no requirement for additional review under this chapter. Further, where and to the extent that modification(s) of any of the provisions of said § 162-55 has/have been approved by the Upper Uwchlan Board of Supervisors in connection with any subdivision or land development review, the said requirements shall not be independently enforced pursuant to this chapter.
B.
Modifications.
(1)
For any use or activity subject to subdivision or land development review, modification(s) to the provisions of § 162-55 of Chapter 162, Subdivision and Land Development, may be requested, which modification(s) may be granted at the discretion of the Board of Supervisors pursuant to the provisions of that chapter.
(2)
For any use or activity not subject to subdivision or land development review, but where the use or activity is subject to application for approval of a conditional use, special exception, or zoning variance, modification(s) to the provisions of said § 162-55 may be requested as part of such application.
(3)
For any use or activity not otherwise subject to permit or approval as provided in Subsection B(1) or (2) above, modification(s) to the provisions of said § 162-55 may be requested in the form of an application for grant of a special exception by the Upper Uwchlan Zoning Hearing Board. Such applications shall be submitted to the Upper Uwchlan Planning Commission for review and comment prior to formal special exception application to the Zoning Hearing Board.
(4)
In approving any application pursuant to Subsection B(2) or (3) above, the Zoning Hearing Board or Board of Supervisors, as applicable, as a condition of approval of such application, may permit specific modification(s) to the provisions of said § 162-55 subject to the following:
(a)
The Zoning Hearing Board or Board of Supervisors,
as applicable, shall determine that the specific nature of the lawful
use or activity, existing site conditions, and/or safety considerations
warrant such modification(s); and
