Charlestown Township
City Zoning Code
City Zoning Code
PART 12
SSC-STEEP SLOPE CONSERVATION DISTRICT
§ 27-1201 Purpose.
[Ord. 6/20/1979]
1.
The purpose of this Part is to expand upon the community development objectives associated with environmental protection and the preservation of natural resources expressed in Part 1, and to complement the provisions in Part 15 relating to open space. Further, the provisions of this Part are designed to encourage the sensitive treatment of hillsides and their related soil and vegetation resources in an effort to minimize adverse environmental impacts. The following objectives serve to complement these specific purposes and the overall purpose of this chapter:
A.
To conserve and protect steep and very steep slopes from inappropriate development such as excessive grading, land form alteration and extensive vegetation removal.
B.
To avoid potential hazards to property and the disruption of ecological balance which may be caused by increased runoff, flooding, soil, erosion and sedimentation, blasting and ripping of rock, and landslide and soil failure.
C.
To encourage the use of steep and very steep slopes for open space and other uses which are compatible with the preservation of natural resources and protection of critical environmental areas.
§ 27-1202 General Provisions.
[Ord. 6/20/1979; as amended by Ord. 159-2010, 10/4/2010, § 6]
1.
Compliance. No area within the Steep Slope Conservation District shall hereafter be used without full compliance with the terms of this Part and other applicable regulations.
2.
Preservation of Other Restrictions. It is not intended in this Part to repeal, abrogate or impair any existing zoning or subdivision regulations, easements, covenants, or deed restrictions, except that where this Part imposes greater restrictions, its provisions shall prevail. Further, nothing contained in this Part shall diminish in any way the provisions of Charlestown Township's Stormwater Management Ordinance [Chapter 23]; the Pennsylvania Department of Environmental Protection's Clean Streams Law, 35 P.S. § 691.1 et seq., and 25 Pa. Code, Chapter 102, pertaining to erosion control; and any other applicable Township, county, state, or federal laws and regulations.
3.
Boundary Definition and Mapping.
A.
The Steep Slope Conservation District is comprised of areas of steep and very steep slopes, as shown on the Steep Slope Conservation District Map which is attached to and made part of this chapter. The District Map constitutes only a general representation of steep and very steep slopes, based on the analysis of the contours displayed on the United States Geological Survey (USGS) Quadrangles for Malvern and Phoenixville, Pennsylvania. As such, refined mapping will be required to more accurately define the District, as specified in Subsection 3E herein.
B.
Areas of steep slope are characterized by a change in elevation from 15 to 25% over a distance or contour specified in Subsection 3E.
C.
Areas of very steep slope are characterized by a change in elevation greater than or equal to 25% over a distance or contour specified in Subsection 3E.
D.
The Steep Slope Conservation District Map shall be considered as an overlap to the Charlestown Township Zoning Map subject to the following:
(1)
The District shall have no effect on the permitted uses in the underlying zoning district, except where said uses, intended to be located within the boundaries of the District, are in conflict with the permitted uses set forth in § 27-1203, herein.
(2)
In those areas of the Township where the District applies, the requirements of the District shall supersede the requirements of the underlying zoning district(s).
(3)
Should the District boundaries be revised as a result of 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.
E.
Interpretation of District Boundaries.
(1)
The Steep Slope Conservation District Map shall be used as a general guide for determining the boundaries of the District. In any application for subdivision and or land development, the applicant shall, using two-foot contours, delineate slopes from 15 to 25% and greater than or equal to 25%. Further, the applicant shall use an actual field topographic survey as the source of contour information as required in the Charlestown Township Subdivision and Land Development Ordinance of 1982 [Chapter 22], as amended from time to time.
(2)
Once delineated, the mapping of the applicant will be reviewed by the Planning Commission and Township Engineer. The applicant will be required to follow all regulations of this Part for those areas which reflect steep slope and very steep slope conditions as determined through the Planning Commission's and or Township Engineer's review.
(3)
The representative sample of a steep slope or very steep slope shall be based on a cumulative change in grade of six feet or more. Therefore, all steep and very steep slope areas shall be shown, but only those occurring over three consecutive two-foot contour intervals will invoke the use restrictions herein.
§ 27-1203 Use Regulations.
[Ord. 6/20/1979]
1.
Areas of Very Steep Slope (equal to or greater than 25%). A building or other structure may be erected, altered, or used, and a lot may be used and/or occupied subject to Parts 11 and 12, for the following:
A.
Permitted Principal Uses.
(1)
Agricultural uses that do not require cultivation or structures.
(2)
Conservation and recreation uses not requiring structures such as: parks; hiking and bridle trails; woodlands; nature sanctuaries, refuges and conservation areas; and, other noncommercial conservation and passive recreation activities.
(3)
Structures existing prior to the effective date of this chapter.
(4)
Front, rear and side yards provided by the location of buildings on any lot or tract.
B.
Conditional Uses.
(1)
Conservation and recreation uses requiring structures.
(2)
Agricultural structures and cultivation.
(3)
Utilities easements and rights-of-way.
(4)
Accessory uses customarily incidental to any of the foregoing; accessory structures to any uses permitted in Subsection 1A; and individual driveways accessory to single family detached dwellings only if the Board of Supervisors determines no viable alternative alignment or location is feasible.
C.
Prohibited Uses and Activities.
(1)
Structures other than those associated with Subsection 1A and B herein.
(2)
Cut and fill, other than in association with any uses related to Subsection 1A and B herein.
(3)
Soil, rock or mineral extraction.
(4)
Removal of topsoil.
(5)
On-site domestic waste disposal systems.
(6)
Streets including shared driveways.
2.
Areas of Steep Slope (15 to 25%). A building or other structure may be erected, altered or used, and a lot may be used and/or occupied subject to Parts 11 and 12, for the following:
A.
Permitted Principal Uses. Any principal use permitted in Subsection 1A herein.
B.
Conditional Uses. Any conditional uses identified in Subsection 1B herein, and the following:
(1)
Single-family detached dwellings.
(2)
Stormwater management facilities.
(3)
Public sanitary sewer systems.
(4)
Only those elements of on-lot sewage disposal systems not prohibited under Subsection 1C provided such non-prohibited elements are approved by the County.
(5)
Buildings and other structures permitted in the Limited Industrial and Neighborhood Commercial Districts.
(6)
Accessory uses and structures customarily incidental to any of the foregoing and streets and driveways only if the Board of Supervisors determines no viable alternative alignment or location is feasible.
C.
Prohibited Uses and Activities.
(1)
Structures other than those associated with Subsection 2A and B herein.
(2)
Cut and fill other than in association with any uses related to Subsection 2A and B herein.
(3)
Soil, rock, or mineral extraction.
(4)
Removal of topsoil.
(5)
Filter field elements, mounds, or like beds of on-site domestic waste disposal systems.
§ 27-1204 Application Procedure.
[Ord. 6/20/1979]
1.
All applications for any use or development of land within the Steep Slope Conservation District shall include the submission of the following materials and information at the applicant's expense:
A.
Plans drawn to a scale of at least one inch equals 50 feet sealed by a registered professional engineer, depicting the following:
2.
The following additional information shall be submitted as deemed necessary by the Planning Commission and/or Township Engineer for the evaluation of the impact of the proposed use:
A.
Cross-sections and elevations of the property and proposed structures at intervals prescribed by the Planning Commission and/or Township Engineer.
B.
Existing land cover characteristics of that portion of the property within the Steep Slope Conservation District indicating wooded areas, open areas and their round cover type and any areas with impervious surfaces. The modifications proposed to the existing land cover shall also be further qualified relative to the subsurface horizons of the soil. (Applicants are encouraged to consult the soil interpretation sheets available from the USDA Soil Conservation Service.)
C.
Photographs showing existing uses, vegetation and topography of areas within the Steep Slope Conservation District.
D.
A report describing the slope, soil and vegetation characteristics of that portion of the property within the subject district. Such report shall also describe the proposed type and methods of proposed building construction, the type of foundation system(s) to be employed, and proposals for landscaping, sewage disposal and water supply. Further, the report shall describe all sediment and erosion control measures to be used as required by Charlestown Township, the Chester County Conservation District and the Department of Environmental Protection; and any and all additional engineering and conservation techniques designed to alleviate environmental impacts which may be created by proposed development activities.
§ 27-1205 Standards for Approval of Conditional Uses.
[Ord. 6/20/1979]
1.
In addition to the standards described in § 27-1809, pertaining to conditional uses, the Board of Supervisors shall consider the following:
2.
Any application for a conditional use shall provide evidence that:
A.
The Steep Slope Conservation District is being proposed for development since no other alternative location is feasible or practical.
B.
Earthmoving activities and vegetation removal will be conducted only to the extent necessary to accommodate proposed uses and structures and in a manner that will not cause excessive surface water runoff, erosion, sedimentation and unstable soil conditions. Further, it shall be demonstrated that any and all reasonable mitigation techniques and procedures will be utilized or have been considered in the preparation of the plan.
C.
Proposed buildings and structures are of sound engineering design and that footings are designed in response to the site's slope, soil and bedrock characteristics; and, where applicable, shall extend to stable soil and/or bedrock.