Sections 501 to 508 shall not apply:

Minor Disturbance Exception. This subsection "2." shall only apply within Colebrookdale Township. This subsection "2" allows a one-time land disturbance of up to 2,000 square feet of total combined land area of all affected hydric soils, steep slopes, woodlands and riparian buffer areas per existing lot. This exception shall only be allowed to provide for an expansion of an existing building and its customary accessory structures and uses. Disturbance allowed under this subsection "2" is not required to show compliance with Sections 503, 505, 506 and 508.

In the event that the provisions of this Article and any other provisions of this Ordinance or another municipal ordinance are in conflict regarding the same matter, the more restrictive provisions upon development or use shall apply.

Mineral Extractions. If mineral extractions or quarrying was allowed by a valid PA DEP permit or approval issued prior to the enactment of this Ordinance, such activity may occur within such land areas without needing to comply with Sections 501 to 508.

For example, if disturbance of 25% of a particular resource area is permitted, then it shall apply as 25% of the total area of that resource on the applicable lot or tract.

To ensure compliance with the natural resource conservation standards of this Article, the following information shall be submitted by any Applicant applying for a zoning or building permit, conditional use or special exception approval, zoning variance, or subdivision and land development approval where land disturbance is contemplated. See also the forestry provisions in Section 402, which may require a forestry plan. In those cases where only a limited amount of the site will be subject to disturbance, the Zoning Officer may determine the area of land required to be shown on the plan such that information submitted will adequately demonstrate compliance with the natural resource conservation standards of this Article. Where less than the entire site is to be shown on the plan, the application shall be accompanied by a written explanation from the Applicant as to why it is not necessary to include the entire site with the plan information.

Information submitted to demonstrate compliance with this Article may be required to be verified as correct by the Township Engineer or the Township's other designated professional.

Reasonable modification(s) to a provisions of this Article may be requested in the form of an application for grant of a Special Exception by the Zoning Hearing Board. Such applications shall be submitted to the applicable Township Planning Commission and the Governing Body for any review and comment at least 20 days prior to the Special Exception hearing before the Zoning Hearing Board. Such special exception may be granted if all of the following specific standards are met:

The process provided in Section 502.J.1. may also be used if applicant submits a professional study or other credible evidence to prove that an area does not include a specific natural resource. If such study is accepted by the Zoning Hearing Board, after a review by the Township Engineer, then the regulations of this Article 5 for that resource shall not apply within such area.

Moderately Steep Slopes (15% or greater slope, but less than 25%). No more than 25% of moderately steep slopes shall be regraded, cleared, built upon, or otherwise altered or subject to land disturbance.

Steep Slope Margins. No more than 25% of steep slope margins shall be regraded, cleared, built upon, or otherwise altered or subject to land disturbance except in accordance with an approved landscape plan. Steep slope margins shall only be regulated within Pike Township.

Very Steep Slopes (25% or greater slope). No more than 5% of very steep slopes shall be regraded, cleared, built upon, or otherwise altered or subject to land disturbance.

An erosion and sedimentation control plan and soil stabilization plan shall be submitted consistent with the requirements of the applicable Subdivision and Land Development and/or Stormwater Ordinance.

The plan shall demonstrate how soil will be protected from erosion during construction and how soil will be stabilized upon the completion of construction.

The adequacy of access to the site for emergency vehicles shall be subject to review by the municipally-designated fire official. The necessary information shall be submitted by the applicant to such official for his/her review.

Grading Plan and Erosion and Sedimentation Control Plans.

Where there is any question as to the accuracy of the wetland delineation report, the Township may hire a qualified consultant to review the delineation and recommend revisions at the applicant's expense.

Such a professional shall certify that the methods used correctly reflect the currently accepted technical concepts, including identification and analysis of wetland vegetation, hydric soils, and hydrologic indicators. Methods used in the delineation report shall be acceptable to the Township Engineer or other qualified consultant hired by the Township.

The wetland report submitted to the Township shall include a determination of whether wetlands are present on the site and a full delineation, area measurement (in square feet), and description of any wetlands determined to be present.

Regulated activities permitted by the Department of Environmental Protection (such as. permitted stream or wetland crossing), or activities that need to be completed as part of a cleanup of environmental contamination;

Provision for trail and trail access;

Removal of hazardous or invasive vegetation; or

Vegetation management in accordance with an approved landscape plan or open space management plan.

No structures for human use or habitation or for regular animal occupancy shall be constructed in any area of soil where the seasonal high water table is within one foot of the surface;

No subsurface sewage system shall be constructed within any area of Hydric Soil.

No road, driveway, or emergency access shall cross any area of Hydric Soil except where providing necessary access which clearly is otherwise impracticable and only where drainage, adequate base preparation, and paving approved by the Township Engineer shall be provided.

The following uses or activities shall be allowed in addition to the 5% maximum land disturbance:

Routine thinning of woods, provided that such activity does not exceed the maximum percentage disturbance provided above.

The replacement of trees and thick understory vegetation with mowed grass shall not occur within more than 5% of the Zone One Buffer.

The planting of new trees is allowed.

Activities permitted in the Zone One Riparian Buffer.

Forestry, in compliance with Section 402.

Activities permitted in the Zone One Riparian Buffer.

Forestry, in compliance with Section 402.

10% of any area designated Class I Woodland within Pike Township on the Woodland Classification Map.

20% of any area designated Class II Woodland within Pike Township on the Woodland Classification Map.

30% of any area designated Class III Woodland within Pike Township on the Woodland Classification Map.

40% of total Woodland areas on a site within Colebrookdale Township.

Where existing trees are to remain, no change in existing grade shall be permitted within the drip line of the trees. Appropriate fencing four feet in height shall be placed at the drip line of trees to remain, wherever adjacent to proposed construction. Such fencing shall be maintained in place throughout the duration of construction activity. Roots shall not be cut within the drip line of any trees to remain.

Trees within 25 feet of a building, or bordering entrances or exits to building sites, shall be protected by a temporary barrier to be maintained in place throughout the duration of construction activity.

No boards or other material shall be nailed or otherwise attached to trees during construction.

Construction materials, equipment, soil and/or debris shall not be stored nor disposed of within the drip lines of trees to remain.

Tree trunks, limbs, and exposed roots damaged during construction shall be protected from further damage by being treated immediately in accordance with accepted professional landscape procedures.

Trees which die during or within 24 months after completion of construction because of failure to adhere to this Section shall be replaced by a new tree of a similar species within nine months afterwards.

To prevent the erection of structures in areas with a known danger from flooding.

To protect public health and safety by protecting water quality and promoting safe drainage.

To control development which could create burdens for governments, emergency service providers and individuals for the costs of flood control, rescue, relief, emergency preparedness measures, sandbagging, pumping, and temporary dikes or levees, as well as business interruptions, disruptions of transportation routes, and interference with utility services.

To maintain a stable tax base that is not threatened by the destruction of properties.

To permit certain uses which can appropriately be located in the floodplain as herein defined without impeding the flow of floodwaters or otherwise causing danger or damage to life or property at, above, or below their locations in the floodplain.

To permit certain uses in the floodplain in ways that preserve natural conditions conducive to the maintenance of ecological balance, wildlife and productive wildlife habitat, marine life and productive marine habitat, other healthy biotic systems, constant rates of water flow throughout the year, and areas for groundwater absorption for sustaining the subsurface water supply.

To provide sufficient unimpeded drainage courses and prohibit the restriction of their carrying capacities so as to safely carry abnormal flows of storm water from periods of heavy precipitation.

To prevent the placement of materials which might be swept by floods onto other lands or downstream to the injury of others.

To regulate uses, activities, development, and structures which, acting alone or in combination with existing or future uses, activities, development, or structures, will cause increases in flood heights, velocities, and frequencies.

To provide areas for the deposition of sediment.

Basement. Any area of the building having its floor below ground level on all sides.

Building. A combination of materials to form a permanent structure having walls and a roof. Included shall be all manufactured homes and trailers to be used for human habitation.

Channel. A natural or artificial watercourse with a definite bed and banks which confine and conduct continuously or periodically flowing water.

Channel Flow. That water which is flowing within the limits of a defined channel.

Completely Dry Space. A space which will remain totally dry during flooding; the structure is designed and constructed to prevent the passage of water and water vapor.

Conservation Plan. A plan including a map(s) and narrative that, at the very least, outlines an erosion and sedimentation control plan for an identified parcel of land.

Development. Any man-made change to improved or unimproved real estate, including but not limited to the construction, reconstruction, renovation, repair, expansion, or alteration of buildings or other structures; the placement of manufactured homes; streets, and other paving; utilities; filling, grading and excavation; mining; dredging; drilling operations; storage of equipment or materials; and the subdivision of land.

Essentially Dry Space. A space which will remain dry during flooding, except for the passage of some water vapor or minor seepage; the structure is substantially impermeable to the passage of water.

Fill. Material placed or deposited so as to form an embankment or raise the surface elevation of the land, including but not limited to levees, bulkheads, dikes, jetties, embankments, and causeways.

Flood. A temporary inundation of normally dry land areas.

Flood, Flooded, or Flooding. A partial or complete inundation of normally dry land areas from the overflow of a watercourse or other body of surface water, or from the unusual and rapid accumulation or runoff of surface waters from any source.

Floodplain or Floodplain Area. A relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse; and/or any area subject to the unusual and rapid accumulation of surface waters from any source.

Floodproof, Floodproofed, or Floodproofing. Any combination of structural and/or nonstructural provisions, additions, changes, or adjustments to structures or contents which are designed or adapted primarily to reduce or eliminate flood damage to those structures or contents.

Floodway. The designated area of a floodplain required to carry and discharge flood waters of a given magnitude. For the purposes of this Chapter, the floodway shall be capable of accommodating a flood of the 100-year magnitude.

Hazardous Material. Materials which have the potential to damage health or impair safety. Hazardous materials include but are not limited to inorganic mineral acids or sulfur, fluorine, chlorine, nitrogen, chromium, phosphorous, selenium, and arsenic and their common salts, lead, nickel, and mercury and their inorganic salts or metallo-organic derivatives; coal tar acids, such as phenols and cresols, and their salts; petroleum products; and radioactive material. Also included are floatable materials with the potential to cause physical damage, such as logs, storage tanks, and large containers.

Historic Structure. Any structure that is:

Identified Floodplain Area. The floodplain area specifically identified in this Ordinance as being inundated by the 100-year flood.

Lowest Floor. The lowest floor of the lowest, fully enclosed area (including basement). An unfinished, flood resistant partially enclosed area, used solely for parking of vehicles, building access, and incidental storage, in an area other than a basement area is not considered the lowest floor of a building, provided that such space is not designated and built so that the structure is in violation of the applicable non-elevation design requirements of this Ordinance.

Manufactured Home or Mobile Home. A structure, transportable in one or more sections, which is built on a permanent chassis, and is designed for use with or without a permanent foundation. See separate provision for recreational vehicles.

Maximum Flood Elevation. The water surface elevations of a flood which would completely fill the floodplain to the boundaries of the Floodplain District.

Minor Repair. The replacement of existing work with equivalent materials for the purpose of its routine maintenance and upkeep, but not including the cutting away of any wall, partition, or portion thereof, the removal or cutting of any structural beam or bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the exitway requirements; nor shall minor repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, oil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety.

New Construction. Structures for which the start of construction commenced on or after April 17, 1978, and includes any subsequent improvements thereto.

Obstruction. Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, or other matter in, along, across, or projecting into any channel, watercourse, or floodplain, which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or that is placed where the flow of water might carry the same downstream to cause damage to life or property.

100-Year Flood. A flood that, on the average, is likely to occur once every 100 years (i.e., that has 1% chance of occurring each year, although the flood may occur in any year).

100-Year Flood Boundary. The outer boundary of an area of land that is likely to be flooded once every 100 years (i.e., that has a 1% chance of being flooded each year). Unless stated otherwise by this Ordinance, the official Federal Floodplain Mapping issued by the Federal Insurance Administration or its successor agency shall be the determinant of the boundaries of the 100-year floodplain.

100-Year Flood Elevation. The water surface elevations of the 100-year flood.

Recreational Vehicle. A vehicle which is (a) built on a single chassis; (b) not more than 400 square feet, measured at the largest horizontal projections; (c) designed to be self-propelled or permanently towable by a light-duty truck; and (d) not designed for use as a permanent dwelling but as a temporary living quarters for recreational, camping, travel, or seasonal use.

Regulatory Flood Elevation. The 100-year flood elevation plus a freeboard safety factor of 1 1/2 feet.

Soil Waste. Garbage, sludge, refuse, trash, rubbish, debris, and other discarded materials, including, but not limited to, solid and liquid waste materials resulting from industrial, commercial, agricultural, residential, and community activities.

Structure. Anything constructed or erected on the ground or attached to the ground including, but not limited to, buildings, sheds, manufactured homes, and other similar items. This term includes any man-made object having an ascertainable stationary location on or in land or water whether or not affixed to land.

Substantial Damage. Damage from any cause sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% or more of the market value of the structure before the damage occurred.

Substantial Improvement. Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage" or "repetitive loss" regardless of the actual repair work performed. The term does not, however, include either:

Watercourse. A permanent or intermittent stream, river, brook, run, creek, channel, swale, pond, lake, or other body of surface water, carrying or holding surface water, whether natural or man-made.

The provisions of this Section create an overlay zoning district which is applicable within floodplains in all other zoning districts established by this Ordinance. To the extent the provisions of this Section are applicable and more restrictive, they shall supersede conflicting provisions within all other Articles of this Ordinance and all other ordinances of the Township. However, all other provisions of all other Articles of this Zoning Ordinance and all other ordinances of the Township shall remain in full force.

The FP Floodplain District is hereby defined to include all of the following lands:

Should a dispute concerning any boundary of the Floodplain District arise, the initial determination of the Zoning Officer may be appealed to the Zoning Hearing Board. The burden of proof in such an appeal shall be on the property owner.

All changes to the boundaries of the Floodplain District which affect areas identified in Section 510.D. of this Article are subject to the review and approval of State and/or Federal agencies in compliance with the Regulations of the National Flood Insurance Program.

Only the following uses and others are permitted in the Floodplain District. These uses shall only be allowed of the underlying zoning district and provided they do not involve any grading or filling which would cause any increase in flood heights or frequency, and provided they comply with other sections of this Ordinance and do not include any new buildings within the 100-year floodplain:

The following uses are prohibited in the Floodplain District:

Where special exception approval is required for a use within the Floodplain District, the Zoning Hearing Board shall also determine that the following standards and criteria have been complied with:

In hearing and deciding upon special exceptions, the burden of proof shall be on the applicant. The Zoning Hearing Board may require the applicant to submit such plans, specifications, and other information as it may deem necessary to assist it in arriving at a fair and impartial determination. Such required information may include, but is not limited to, the following:

In all variance proceedings the burden of proof shall be on the applicant. Where a variance is necessary under the variance standards of the Municipalities Planning Code, there must also be compliance with the following additional requirements:

Nonconformities.

Applicability. If two provisions of Municipal regulations address the same matter, the provision that is more restrictive upon development shall apply.

Regulations and Reviews by Other Agencies.

Placement and Construction of Authorized Uses and Structures.

Floodproofing. Where floodproofing is authorized by this Article, it shall be done according to the standards and provisions for floodproofing regulations officially issued by the U.S. Army Corps of Engineers. Where reference is made in such Flood-Proofing Regulations to the "RFD" (Regulatory Flood Datum), it shall be interpreted to mean the 100-year flood elevation as defined by this Article. The floodproofing of a new residential building shall not cause the construction of the building be permitted.

Anchoring. All structures, including buildings, air ducts, large pipes, and storage tanks within the Floodplain District, shall be firmly anchored to prevent flotation, movement, or collapse, thus reducing the possibility of the blockage for bridge openings and other restricted sections of the watercourse.

Surface Drainage. Adequate drainage shall be provided for all new development to reduce exposure to flood hazards.

Uniform Construction Code Coordination. See the provisions in 34 PA Code Chapters 401-405, as amended, or their successor provisions, and applicable provisions of the Construction Codes. (Note: As of 2008, the following were some relevant sections of the construction codes: International Building Code: Sections 801, 1202, 1403, 1603, 1605, 1612, 3402, and Appendix G; International Residential Building Code: Sections R104, R105, R109, R323, Appendix AE101, Appendix E, and Appendix J.)

Within the Floodplain District, a zoning permit shall be required for all of the following: a) proposed development or subdivision, b) construction, reconstruction, placement, replacement, expansion, extension of buildings, c) the placement or expansion of a building, and d) mining, dredging, filling; grading, paving, excavation, or drilling operations.

Every zoning permit application for work or uses within the Floodplain District shall include or be accompanied by all information necessary for the Zoning Officer to determine that the proposal meets all of the provisions of this Section.

The following information is specifically required to accompany all zoning permit applications involving a building within the Floodplain District:

Sound needed to alert people about an emergency.

Repair or installation of utilities or construction of structures, sidewalks or streets between the hours of 7:00 a.m. and 8:00 p.m., except for clearly emergency repairs which are not restricted by time.

Lawnmowers, snowblowers, leaf blowers, and household power tools between the hours of 7:00 a.m. and 9:00 p.m.

Agricultural activities, including permitted raising of livestock, but not exempting a kennel.

Public celebrations specifically authorized by the Governing Body or a County, State or Federal Government agency or body.

Unamplified human voices.

Routine ringing of bells and chimes by a place of worship or municipal clock.

Vehicles operating on a public street, railroads and aircraft.

Barking dogs, other than within a kennel.

Discharge of firearms between 7:00 a.m. and 9:00 p.m.

Municipal activities, snow removal and trash collection.

However, lighting shall be allowed of the United States flag from dusk to dawn, provided the light source shall have a beam spread no greater than necessary to illuminate the flag.