City of Coatesville, PA Natural Resource Protection Overlay District

General provisions.

The provisions of this article shall overlay and supplement the provisions of the underlying zoning district. In the event that the provisions of the underlying zoning district and the provisions of this article are in conflict, the more restrictive provision shall apply.

(2)

In the event that two or more natural resource areas identified in this article overlap, the resource with the most restrictive standard (the least amount of alteration, regrading, clearing or building) shall apply to the area of overlap.

(3)

It shall be a violation of this chapter to regrade, fill, pipe, divert, build upon or otherwise alter a natural resource protected by this article prior to the submission of applications for zoning or building permits or the submission of plans for subdivision or land development.

Floodplain.

(1)

Definition. A "floodplain" is a relatively flat or low land area which is subject to partial or complete flooding from an adjoining or nearby stream, river or watercourse; or any area subject to the unusual accumulation of surface waters from any source. For the purpose of this chapter, the floodplain shall include, but is not limited to, the area included in the Floodplain Conservation Overlay District as defined in Article VIII of this chapter.

(2)

Resource protection standards.

(a)

Areas identified as being within the boundaries of the one-hundred-year floodplain shall not be regraded, filled, built upon or otherwise altered except in conformance with Article VIII, Floodplain Conservation Overlay District, of this chapter.

(b)

In addition, the following standards shall apply to the floodway and flood-fringe areas as defined in Article VIII of this chapter:

[1]

Floodways within the Floodway District and General Floodplain District shall not be regraded, filled, piped, diverted, built upon or otherwise altered except in conformance with Article VIII.

[2]

No more than 50% of flood-fringe areas within the Flood-Fringe District and General Floodplain District shall be regraded, filled, built upon or otherwise altered.

(3)

Delineation. The applicant shall delineate floodplains which are on the site, in accordance with § 224-31.

Lakes and ponds.

(1)

Definition. "Lakes and ponds" are natural or artificial bodies of water which retain water year-round. Artificial ponds may be created by dams or result from excavation. Lakes are bodies of water two or more acres in extent. Ponds are bodies of water less than two acres in extent.

(2)

Resource protection standards. Lakes and ponds shall not be regraded, filled, piped, diverted, built upon or otherwise altered.

(3)

Delineation. The applicant shall delineate lakes and ponds which are on the site, in accordance with § 224-31.

Lake and pond shorelines.

(1)

Definition. "Lake and pond shorelines" are the landside edges of the water from the established shoreline to an upland boundary. Lake and pond shorelines shall be measured 100 feet from the spillway crest elevation.

(2)

Resource protection standards. No more than 20% of the shoreline of a lake or pond shall be regraded, filled, built upon or otherwise altered.

(3)

Delineation. The applicant shall delineate lake and pond shorelines which are on the site, in accordance with § 224-31.

Pennsylvania Natural Diversity Inventory sites (PNDI).

(1)

Definition. The "Pennsylvania Natural Diversity Index" is a comprehensive computerized inventory of Pennsylvania's most significant natural areas. The database, which is maintained by the Department of Environmental Resources, contains the status and location of plants, animals, geologic landmarks, natural communities and other natural features which are considered exemplary, unique, rare or endangered within the state.

(2)

Resource protection standards. Areas containing endangered species and species believed to be in danger of population decline have been located within the City of Coatesville and documented in the Pennsylvania Natural Diversity Inventory and the Chester County Natural Areas Inventory. The applicant shall consult these inventories to determine whether these species or any other elements of special concern are located on the site. If a PNDI site is located, the applicant shall contact the Nature Conservancy, Pennsylvania Natural Diversity Inventory - East, for assistance in determining whether the proposed development will conflict with species on the site as well as measures which may be taken to mitigate potential damage to the identified species.

(3)

Delineation. The applicant shall delineate PNDI sites, in accordance with § 224-31.

Steep slopes.

(1)

Definition. "Steep slopes" are those areas of land where the grade is 15% or greater and which, because of this grade, are subject to high rates of stormwater runoff and susceptible to erosion.

(2)

Resource protection standards.

(a)

Slope shall be measured as the change in elevation over the horizontal distance between consecutive contour lines. For this chapter, slope shall be measured over three or more two-foot contour intervals (six cumulative vertical feet of slope). All slope measurements shall be determined by a topographic survey by a registered surveyor or engineer licensed to practice in the Commonwealth of Pennsylvania. Once delineated, the mapping provided by the applicant shall be reviewed by the City Engineer.

(b)

In areas with fifteen-percent to twenty-five-percent slope, no more than 30% of such areas shall be regraded, cleared, built upon or otherwise altered.

(c)

In areas with greater than twenty-five-percent slope, no more than 15% of such areas shall be altered, regraded, cleared, built upon or otherwise altered.

(d)

Any disturbance of land shall be in compliance with the erosion and sedimentation control standards of Chapter 197, Subdivision and Land Development.

(e)

Each building or structure shall be constructed in such a manner as to provide the least alteration necessary of the existing grade and natural soil condition.

(f)

Finished slopes of all permitted cut and fill shall not exceed 33% unless the applicant can demonstrate the method by which steeper slopes can be stabilized and maintained adequately.

(g)

Areas of steep slope that are 2,500 square feet or less shall be exempted from the steep-slope standards set forth in this subsection.

(3)

Delineation. The applicant shall delineate the two categories of steep slopes (15% to 25%; more than 25%) which are on the site, in accordance with § 224-31.

Watercourses.

(1)

Definition. A "watercourse" is a stream, such as a creek, run or other body of running water; or any stream in which water flows in a definite direction or course, either continuously or intermittently.

(2)

Resource protection standards.

(a)

Watercourses shall not be regraded, filled, piped, diverted, built upon or otherwise altered except where design approval is obtained from the City and, if required, the Pennsylvania Department of Environmental Protection.

[Amended 3-25-1996 by Ord. No. 1012-96]

(b)

No structure or use may be located within 50 feet of the bank of a watercourse. The setback area shall not be cleared of vegetation, regraded, filled, built upon or otherwise altered.

(3)

Delineation. The applicant shall delineate watercourses which are on the site, in accordance with § 224-31.

Wetlands.

(1)

Definition. "Wetlands" are those areas that are inundated and saturated by surface or groundwater at a frequency and duration sufficient to support and that under normal circumstances do support a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs and similar areas.

(2)

Resource protection standards. Wetlands shall not be regraded, filled, piped, diverted, built upon or otherwise altered except where state and federal permits have been obtained. Any applicant proposing a use, activity or improvement which would entail the regrading or placement of fill in wetlands shall provide the City with proof that the Pennsylvania Department of Environmental Protection (Bureau of Dams and Waterway Safety and Bureau of Water Quality Management) and the United States Army Corps of Engineers have been contacted to determine the applicability of state and federal wetland regulations.

[Amended 3-25-1996 by Ord. No. 1012-96]

(3)

Delineation. A full wetland report conducted by a qualified wetland biologist or others of demonstrated qualifications shall be submitted to the City. Such a person shall certify that the methods used correctly reflect technical concepts currently used and accepted by the United States Army Corps of Engineers, including identification and analysis of wetland vegetation, hydric soils and/or hydrologic indicators. The wetland report shall include a determination of whether wetlands are present on site and a full delineation, area measurement (in square feet) and description of any wetlands determined to be present. The wetland definition and analysis methodology accepted by the United States Army Corps of Engineers shall be used. The study shall be approved by the City Council on the recommendation of the City Engineer. In the event that a wetlands delineation validated by the United States Army Corps of Engineers is shown to vary from the wetlands boundary derived from the wetland report described above, the Corps delineation shall govern.

Wetland margins.

(1)

Definition. A "wetland margin" is the transitional area extending from the outer limit of the wetland. For the purposes of this chapter, the wetland margin shall extend 100 feet from the wetland boundary or to the limit of the hydric soils, whichever is less. The limit of the hydric soils shall be as defined in this chapter unless reclassified by a certified soil scientist.

(2)

Resource protection standards. No more than 20% of a wetland margin shall be regraded, filled, built upon or otherwise altered. In addition, any Department of Environmental Protection regulations under Chapter 105 concerning activities in wetland margins shall be met.

[Amended 3-25-1996 by Ord. No. 1012-96]

(3)

Delineation. The applicant shall delineate wetland margins which are on the site, in accordance with § 224-31.

Woodlands.

(1)

Definitions.

(a)

Woodlands. "Woodlands" consist of 1/4 acre or more of continuous wooded land where the largest trees measure at least six inches diameter at 4 1/2 feet above the average grade at the base of the tree. The woodland shall be measured from the dripline of the outer trees. Woodlands are also a grove of trees forming one canopy where 10 or more trees measure at least six inches at 4 1/2 feet above the average grade at the base of the tree.

(b)

Tree protection zone. The "tree protection zone" is an area that is radial to the trunk of a tree in which no construction activity shall occur. The tree protection zone shall be 15 feet from the trunk of the tree to be retained or the distance from the trunk to the dripline, whichever is greater. Where there is a group of trees or woodlands, the tree protection zone shall be the aggregate of the protection zones for the individual trees.

(2)

Resource protection standards.

(a)

Disturbance allowance.

[1]

No more than 20% of woodlands which overlap other natural resource areas, including floodplains, lakes or ponds, lake or pond shorelines, PNDI sites, steep slopes, watercourses, wetlands, wetland margins and woodlands, shall be regraded, cleared, built upon or otherwise altered.

[2]

No more than 50% of woodlands which do not overlap other natural resource areas identified in this article shall be regraded, cleared, built upon or otherwise altered.

(b)

Areas of disturbance.

[1]

Each building or structure shall be constructed in such a manner as to provide the least alteration necessary of the existing woodland. Where possible, the amount of clear-cutting shall be minimized and trees shall be selectively removed.

[2]

Trees which are retained shall be identified and protected in accordance with the provisions of Subsection J(3), Tree protection zone, below.

[3]

Woodland alterations that would threaten the growth of remaining trees shall be avoided.

(c)

Remaining woodlands. Where possible, woodlands which remain undisturbed shall interconnect with woodlands or wooded areas of adjacent properties to preserve continuous woodland corridors and allow for the normal movement, dispersion and migration of wildlife.

(3)

Tree protection zone. A tree protection zone shall be established where trees or woodlands on the site are to be retained. In this zone, the following standards shall apply:

(a)

Prior to construction, a wooden snow fence shall be installed around the boundaries of the tree protection zone. The fencing along the zone shall be maintained until all construction and other work has been completed.

(b)

Grade changes and excavations shall not encroach upon the tree protection zone.

(c)

Trees being removed shall not be felled, pushed or pulled into a tree protection zone or into trees to be retained.

(d)

No toxic materials shall be stored within 100 feet of a tree protection zone, including petroleum-based and -derived products.

(e)

The area within the tree protection zone shall not be built upon, nor shall any materials be stored there either temporarily or permanently. Vehicles and equipment shall not be parked in the tree protection zone.

(f)

Sediment, retention and detention basins shall not discharge into the tree protection zone.

(g)

Sediment, retention and detention basins shall not be located within the tree protection zone.

(4)

Delineation. The applicant shall delineate woodlands which are on the site, in accordance with § 224-31. In addition, where trees or woodlots on the site are to be preserved, they shall be clearly delineated on the plan as a tree protection zone.

Plan information. In order to meet the natural resource protection standards of this article, the following information shall be submitted by the applicant. Where applicable, such information shall be included with a preliminary plan as required in Chapter 197, Subdivision and Land Development, and shall be consistent with the informational requirements of Chapter 197, Subdivision and Land Development.

(1)

A site plan which identifies the limits of all natural resources on the site, excluding PNDI sites and the proposed use of the site.

(2)

All encroachments and disturbances necessary to establish the proposed use on the site.

(3)

Where applicable, a narrative description of all elements of special concern identified in the Pennsylvania Natural Diversity Inventory and Chester County Natural Areas Inventory and verification that the Nature Conservancy has been contacted regarding the PNDI site and the proposed structure or use.

(4)

The minimum buildable area as described in Subsection B below.

(5)

Calculations indicating the area of the site with natural resources and the area of natural resources that would be disturbed or encroached upon. The calculation shall be shown on the plan as follows:

Resource	A Amount of Land in Resources (square feet)	B Percentage of Disturbance Allowed	C Maximum Amount of Disturbance Allowed (square feet) (A x B)	D Proposed Disturbance (square feet)¹
Floodplain
Floodway		0
Flood-fringe		50
Lakes and ponds		0
Lake and pond Shorelines		20
Steep slopes
15% to 25%		30
Greater than 25%		15
Watercourses		0
Wetlands		0
Wetlands margin		20
Woodlands
When overlapping other natural resource areas		20
Woodlands only		50
NOTE:
¹ As depicted on plan in accordance with Subsection A, Column D shall be less than or equal to the result in Column C.

Minimum buildable area. The purpose of the identification of the minimum buildable area is to ensure sufficient area is provided for the general location of the building, driveway, patio, other improvements and site alterations while meeting the natural resource protection standards and minimum setback requirements of this chapter. The applicant shall delineate on the plan a buildable area sufficient in size to accommodate site improvements and which complies with the maximum disturbance requirements of this article and any other applicable ordinances and codes.

Continued protection of identified natural resources. To ensure the continued protection of identified natural resources, the following requirements shall apply:

(1)

Individual lots. For natural resource protection areas on individual lots, restrictions meeting city specifications shall be placed in the deed for each site or lot that has natural resource protection areas within its boundaries. It shall be clearly stated in the individual deeds that the maintenance responsibility lies with the individual property owner. The restrictions shall provide for the continuance of the resource protection areas in accordance with the provisions of this chapter.

(2)

Natural resource areas held in common. For natural resource protection areas held in common, the provisions of § 224-54 shall apply. In addition to the provisions of § 224-54, restrictions meeting city specifications shall be placed on the natural area to be held in common. The party or organization responsible for the maintenance of the natural area shall be clearly identified in the deed. The restrictions shall provide for the continuance of the resource protection areas in accordance with the provisions of this chapter.