The Natural Resource Protection Overlay Zones promote the conservation
and preservation of land in the Township possessing natural features
identified as essential to the environmental health, economy and rural
character of the community. These areas include lands with development
constraints, such as steep slopes, woodlands, wetlands and floodplains,
and stream corridors. Protection of natural features provides benefits
such as soil erosion control, improved soil quality, enhanced water
quality, enriched habitat and biodiversity, flood control, and the
protection of buildings, roads and property.
For purposes of this chapter, areas contained within the Natural
Resource Protection Overlay Zones are shown on the Natural Resources
Overlay Zones Map in Appendix C and shall include the following:[1]
A.
Steep slopes: any portion of a property with slopes in excess of
15%.
(1)
Moderately steep slopes - 15% to 25%: areas characterized by slopes
equivalent to a change in elevation from 15 feet to 25 feet over a
distance of 100 feet horizontal, as verified by an actual field topographic
survey.
(2)
Very steep slopes - greater than 25%: areas characterized by slopes
equivalent to a change in elevation greater than 25 feet over a distance
of 100 feet horizontal, as verified by an actual field topographic
survey.
B.
Wetlands: any portion of a property within a designated wetland,
as determined by current state and/or federal guidelines.
C.
Stream corridors: any portion of a property located within 25 feet
of the top of bank of any stream or watercourse.
[1]
Editor's Note: Appendix C is on file in the Township offices.
This section is intended to create an overlay zone for the protection
of sensitive environmental areas along the Conewago Creek, wherein
all of the regulations of the underlying district shall remain in
full force and effect. Where a conflict exists between the provisions
or requirements of this article and those of any underlying district,
or other Township ordinances and state or federal regulations, the
more restrictive shall apply.
A.
Permitted uses. Each of the following principal uses and their accessory
uses are permitted by right in the Natural Resource Protection Overlay
Zone, provided that the use type, dimensional and all other applicable
requirements of this chapter are satisfied:
(1)
Forest and wildlife reserves.
(2)
Forestry and tree farming.
(3)
Agricultural and farm operations.
(4)
Greenways and trails.
(5)
Single-family detached dwellings.
(6)
No-impact home-based business.
(7)
Accessory structures and uses customarily incidental to a permitted
use.
(8)
Campgrounds and camps.
(9)
Wildlife sanctuaries/nature preserve.
B.
Prohibited uses. The following uses are strictly prohibited in the
Natural Resource Protection Overlay Zone:
(1)
Concentrated animal operations and concentrated animal feeding operations.
(2)
Dumps, junkyards and other nonresidential outdoor storage of vehicles
or materials.
(3)
The installation of sewage disposal systems on land sloping greater
than 25%.
(4)
Parking lots and loading areas on land sloping greater than 25%.
(5)
Swimming pools, tennis courts, patios and similar accessory structures
on land sloping greater than 25%.
A.
In the event that two or more natural resource areas identified in
this article overlap, the resource with the most restrictive standard
shall apply to the area of overlap.
C.
An erosion and sedimentation control plan, consistent with the requirements
of the Hamilton Township Subdivision and Land Development Ordinance,
shall be required for any earth disturbance proposed within 500 feet
of any watercourse, wetland, or water body.
D.
All trees six inches or more in caliper at a point four feet in height
above the ground shall not be removed unless they are within the right-of-way
lines of a street or drive, within proposed building lines, or within
utility locations or mandatory access for equipment.
E.
No topsoil shall be removed from the site or used as spoil. Topsoil
must be removed from the areas of construction and stored separately.
Upon completion of construction and/or site improvements, the topsoil
must be redistributed on the site uniformly. No person shall excavate
or otherwise remove topsoil for sale or for use other than on the
premises from which the topsoil shall be taken, except in connection
with the construction or alteration of a building on such premises
in conjunction with an approved plan, and excavation or grading incidental
thereto.
F.
All disturbed areas of the site shall be stabilized by seeding or
planting.
G.
Productive agricultural soils in active agricultural use shall be
preserved to the extent possible.
H.
At least 80% of the area of the lot shall be maintained with a vegetative
material.
A.
Conservation of steeply sloped lands.
(1)
No site disturbance shall be allowed on slopes exceeding 25%.
(2)
Earth disturbance on slopes between 15% and 25% shall be conducted
only when there is no feasible alternative. When permitted, such disturbance
shall not cause excessive surface water runoff, erosion, sedimentation
or unstable soil condition.
(3)
Mitigation techniques shall be utilized, including but not limited
to terracing, retaining walls, tree wells, the establishment of ground
covers and/or low-spreading shrubs, the use of erosion control fabric
and the like.
(4)
No increase in the rate or volume of water runoff shall occur which
will materially and adversely affect any property. Stormwater runoff
shall be managed in accordance with the Pennsylvania Stormwater Best
Management Practices Manual, or its contemporary equivalent, to the
satisfaction of the Township Engineer.
(5)
There shall be no alteration of existing drainage patterns.
(6)
A proposed land development and/or subdivision application shall
comply with the steep slope conservation standards on both the tract
as a whole and on each proposed subdivided lot.
(7)
No vegetation shall be removed from land on steep slopes except as
necessary for:
(a)
The operation of a permitted use in accordance with approved
plans and sound conservation practices.
(b)
Woodland management operation.
(c)
The replacement of undesirable plant material that is invasive,
hazardous, or unhealthy with desirable landscape plant material.
(d)
The construction of permitted facilities in accordance with
approved plans.
(8)
No earth disturbance shall be permitted on any slope exceeding 15%
within 25 feet of a property line or road right-of-way. Allowable
exceptions are for utility lines serving the subject property and
for access to a street, when there is no reasonable alternative.
A.
Conservation of wetlands.
(1)
Any portion of a property within a delineated wetlands area is not
to be altered, regraded, filled, piped, diverted, or built upon except
in conformance with the regulations of the PA DEP and the US Army
Corps of Engineers.
(2)
Any landowner proposing an activity requiring a federal or state
permit shall obtain such permit before approval by the Township.
(3)
All uses and activities shall minimize to the extent possible the
destruction, degradation, or adverse impact on a wetland.
(4)
Wells and septic systems shall not be located in wetland areas.
(5)
Stormwater management facilities shall not be located in wetland
areas unless the wetlands are used as part of the facility.
A.
Conservation of stream corridors: The following standards shall apply
only to the areas identified on the Hamilton Township Natural Resources
Protection Overlay Zones Map.[1]
[Amended 4-6-2015 by Ord.
No. 134]
(1)
Stream corridors shall not be altered, regraded, filled, or used
for any purpose, excluding agricultural land uses, except in conformance
with this section.
(2)
No structure or earth disturbance shall be permitted within 100 feet
of the top of the bank of any watercourse, or within 100 feet of the
edge of any pond, wetland, or other water body in order to protect
existing watercourses and water bodies, and to enable the regeneration
of vegetation in order to enhance or create riparian buffers, except
as follows:
(a)
Regulated activities permitted by the commonwealth, such as
stream or wetland crossing, for which the maximum disturbance permitted
shall be 5% of the riparian or wetland buffer area on the subject
parcel.
(b)
Provision for unpaved trail access.
(c)
Selective removal of a safety hazard, diseased trees, or invasive
plant species.
(d)
Soil and stream conservation projects approved by the Adams
County Conservation District.
(3)
Where it is necessary to cross a stream or watercourse for any purpose,
the property landowner, applicant and/or site contractor is encouraged
to work with the Adams County Conservation District to establish best
management practices (BMPs) to protect the stream.
(4)
Any changes in an existing stream or watercourse must be approved
by the appropriate state and/or federal agency, with documentation
of such permit provided to the Township.
[1]
Editor’s Note: Said map is on file in the Township offices.
B.
Riparian buffers.
(1)
A riparian buffer shall be maintained along all stream corridors
to intercept sediment and pollutants from runoff occurring over land
before they reach the stream, thereby protecting local water resources
and the environment.
(a)
The riparian buffer shall extend no less than 50 feet from the
top of the stream bank or the edge of the watercourse.
(b)
The buffer shall consist of existing or new vegetation or a
combination thereof, in the following order of preference:
[1]
Plant selection shall be consistent with Adams County Conservation
District, Pennsylvania Department of Environmental Protection, and
USDA riparian forested buffer guidelines.
[2]
Existing hedgerow, woodlot, brush and/or uncultivated fields
which are naturally occurring along the stream.
[3]
A combination of existing vegetation (such as above) and newly
established vegetation.
C.
Exemptions. Where structures exist on lots at the time of adoption
of this chapter, impervious cover may be increased within the buffer
by no more than 50%. In such cases the following shall apply:
(1)
The buffer shall be reduced by no more than 50% of its area or 2,500
square feet, whichever is less; and
(2)
No earth disturbance shall be permitted within 35 feet of the wetland
boundary or top of bank for watercourses and water bodies. In no case
shall earth disturbance be permitted within the floodway unless a
permit is obtained from the Pennsylvania Department of Environmental
Protection, with documentation of such permit provided to Hamilton
Township.
Any portion of a property within a designated floodplain area
shall not be altered, regraded, filled, or built upon except in strict
compliance with the provisions of this chapter, the Hamilton Township
Floodplain Ordinance,[1] and with all other applicable federal, state and local
regulations.
