Dickinson Township Cumberland County
City Zoning Code
City Zoning Code
ARTICLE V
Environmental Protection Regulations
§ 205-133 Purpose.
In accordance with sound community and site planning principles, this article provides for requirements that are imposed upon proposed uses and activities that, because of their location, pose a threat to the environmental integrity of the Township and thereby threaten public welfare. The respective sections of this article impose necessary restrictions to ensure environmental stewardship.
§ 205-134 Relationship to other sections of chapter.
A.
The provisions of this article are designed to supplement the provisions contained elsewhere in this chapter and the SALDO.[1] In those instances where design, application, review and/or performance criteria contained herein differ from those imposed elsewhere in this chapter of in the SALDO, the most restrictive standard shall apply. However, all other provisions of all other articles of this chapter and all other ordinances of the Township shall remain in full force.
B.
This section shall expressly not prohibit land management practices which are intended to ecologically improve any wetland, woodland, stream, lake or pond, provided that all necessary permits have been obtained from the Pennsylvania Department of Environmental Protection and all other applicable regulatory entities.
§ 205-135 Floodplains.
§ 205-136 Riparian buffers.
A.
Riparian buffer use.
(1)
Permitted use. No use shall be permitted that interferes with the natural maturation of the buffer plantings required by § 178-49 of the SALDO,[1] except as follows:
(a)
Corridor crossings for farm vehicles and livestock and livestock watering facilities, all of which are accompanied by written evidence of approval of a water obstruction permit by the PA DEP;
(b)
Public roads and improvements thereto that existed on the effective date of this chapter;
(c)
Corridor crossings for roads and railroads provided that such crossings are accomplished upon the least possible land area and installed in such a manner that is most compatible with the required buffer plantings as described in § 178-49 of the SALDO;
(d)
Bridges, with the appropriate federal and/or state permits, should be used in place of culverts when crossings would require a seventy-two-inch-or-greater-diameter pipe. When culverts are installed they should consist of slab, arch or box culverts and not corrugated metal pipe. Culverts should be designed to retain the natural stream channel bottom to ensure the passage of water during low flow or dry weather periods.
(e)
Public sewer lines, public water lines and public utility transmission lines, provided such lines are installed in such a manner that is most compatible with the installation and ongoing maintenance of the required buffer plantings as described in § 178-49 of the SALDO;
(f)
Passive recreation uses that prevent the harmful compaction of soil, tree root damage and avoid the channelization (natural or man-made) of surface water flow. Pedestrian paths can cross Zones 1, 2 and 3 provided that such paths are accomplished upon the least possible land area and disruption of the adjoining riparian buffer is minimized. Pedestrian paths can parallel through Zones 2 and 3. All pedestrian paths shall be provided with stable pervious surfaces;
(g)
Streambank improvement projects that have been approved by the PA DEP;
(h)
Removal of any tree that, because of its condition, location or any other factor, poses an immediate threat to the public health and safety. Examples of appropriate emergency tree cutting include, but are not limited to, partially uprooted trees that are likely to topple onto nearby structures, properties, roads and/or sidewalks, damaged trees with split trunks due to lighting strike or wind loads, trees that block emergency vehicle access during times of natural disaster, civil defense or rescue and trees that have been partially damaged or fallen that threaten to cause an immediate rise in floodwaters;
(i)
Wildlife sanctuaries, nature preserves, forest preserves and fishing areas;
(j)
Bioretention stormwater best management practice (BMP) facilities planted with native plants may be installed in Zone 3 of a riparian buffer zone;
(k)
Forestry uses.
(2)
Prohibited uses: The following uses and activities are expressly prohibited within a riparian buffer. This listing of prohibited uses and activities shall not be exhaustive or interpreted to permit other activities not listed, unless they are permitted by § 205-136A(1) of this chapter:
(a)
Except as permitted in the above § 205-136A(1), any use that interferes with the natural maturation of the buffer plantings required in § 178-49 of the SALDO;
(b)
Except as permitted in the above § 205-136A(1), any use that interferes with the maintenance of the buffer plantings required in § 178-49 of the SALDO;
(c)
Storage and/or disposal of any toxic, hazardous or noxious materials and substances;
(d)
Application of fertilizers, pesticides, herbicides and/or other chemicals in excess of that permitted on an approved conservation and/or nutrient management plan as approved by the CCCD, the local office of the Pennsylvania Natural resources and Conservation Service and/or as permitted under the Pennsylvania Conservation Reserve Enhancement Program (CREP);
(e)
Areas devoted to the on-site absorption of sewage effluent and/or agricultural fertilizers including but not limited to manure.
B.
Emergency tree cutting.
(1)
At any time, a landowner may cut down any tree within a riparian buffer that, because of its condition, location or any other factor, poses an immediate threat to the public health and safety. However, any trees removed shall be replaced in accordance with the requirements of the following § 205-136C of this chapter. Examples of appropriate emergency tree cutting include, but are not limited to:
(a)
Partially uprooted trees that are likely to topple onto nearby structures, properties, roads and/or sidewalks;
(b)
Damaged trees with split trunks due to lighting strike or wind or ice loads;
(c)
Trees that block emergency vehicle access during times of natural disaster, civil defense or rescue;
(d)
Trees that have been partially damaged or fallen that threaten to cause an immediate rise in floodwaters;
(e)
Trees that have been certified by a qualified forester to be afflicted with a contagious disease, blight or infection or damage from natural causes, from which the tree is unlikely to recover;
(f)
Trees that have been certified by a qualified forester to be dead; and
(g)
Trees that have been certified by a qualified forester to be an invasive species.
C.
Tree replacement standards.
(1)
Any person who or which removes or destroys trees required by § 178-49 of the SALDO[2] shall be subject to the penalties for violation as outlined herein and is responsible for replacement of said trees. This replacement shall be done on a tree-for-tree basis if the number of trees removed in violation of this chapter can be identified. If the number of trees cannot be identified, then the trees shall be replaced at a rate of one tree per 750 square feet of area of tree removal as determined by the Township Zoning Officer or as suggested by a qualified forester to accomplish the purposes of §§ 178-33 and 178-49 of the SALDO.
(2)
Any person who or which removes any tree(s) in accordance with the previous § 205-136B of this chapter shall be responsible for replacement of said trees. This replacement shall be done on a tree-for-tree basis or as suggested by a qualified forester.
(3)
Replacement trees shall be deciduous, noninvasive, native to the Township, nursery stock grown within a locale with similar climatic conditions as found within the Township, well branched, and free of disease. Replacement trees shall be selected from the selective native buffer plants list in § 178-49C of the SALDO. Plants not included on this list may be permitted by the Township when evidence is provided from qualified sources certifying their suitability for substitution. The trees shall be balled and burlapped and not less than two inches in caliper measured at breast height. The trees shall be at least 10 feet tall after planting and trimming. Branching shall start not less than six feet from the top of the root ball.
(4)
Replacement trees shall be placed in accordance with the standards of § 178-49 of the SALDO as long as such location does not violate any other provision of this chapter or laws of the state.
(5)
Replacement trees cannot be used as credits to meet other planting requirements of this chapter relative to street tree plantings, landscape buffer, unless the original trees would have satisfied such requirements. Any replacement trees that are to be counted as required screening shall comply with the standards listed in § 205-40 of this chapter.
(6)
Replacement trees shall be planted within 90 days of initial tree removal or, if because of the season, at the soonest time suggested by a qualified forester.
D.
Pennsylvania conservation resource enhancement program (CREP). It is the express intent of §§ 178-33 and 178-49 of the SALDO to facilitate landowner participation within the Pennsylvania Conservation Resource Enhancement Program (CREP). Any requirement that is inconsistent with an approved CREP management plan shall not apply, but only to the extent that it is inconsistent with the CREP.
§ 205-137 Wetland and wetland buffers.
Any wetland and/or wetland buffer (as defined in § 178-8C of the SALDO),[1] or portion thereof, located on any property shall be permanently protected from filling, grading, clearing, water diversion and/or development, and disturbance of any wetland and/or wetland buffer for filling, grading, clearing, water diversion and/or development is strictly prohibited unless conducted pursuant to a land development plan approved by the Township in accordance with the requisite SALDO procedures.
§ 205-138 Steep slopes.
B.
Road improvement exemptions. The disturbance of steep slopes for widening, alignment improvement or sight distance improvements of an existing street for public safety reasons or that are required by, approved by or accomplished by the Township or PennDOT, are expressly exempted from the requirements of this section.
C.
Limits on area of disturbance. The total area of disturbance that is permitted upon steep slopes shall be limited on each individual lot as follows:
§ 205-139 Appalachian Trail Overlay Zone.
A.
Purpose. The purpose of this overlay zone is to:
(1)
Preserve the natural, scenic, historic and aesthetic values and qualities of the Appalachian Trail (the "Trail");
(2)
Maintain a natural resource buffer along the Trail in order to protect the Trail as an important natural and historic resource;
(3)
Preserve the scenic and topographical conditions along the Trail that are vital to the Trail's natural and scenic quality;
(4)
Promote connections with municipal trails, both existing and that may exist in the future, and integration with the Township's natural resource system;
(5)
Provide health benefits through increased recreational activities; and
B.
Designation of Appalachian Trail Overlay Zone. The Appalachian Trail Overlay Zone shall consist of that area located and measured 150 feet horizontally perpendicular from the center line of the Appalachian Trail and having a uniform total width of 300 feet.
C.
Applicability. The provisions of this section shall apply to all lands within the Appalachian Trail Overlay Zone as that area is described in § 205-139B of this chapter and as depicted on the Official Township Zoning Map.[2] The provisions of this section shall supersede any other conflicting or less restrictive provisions in effect in this chapter and in any underlying zone and, to the extent not conflicting, shall apply in addition to the requirements of the underlying zone and other applicable provisions of this chapter.
[2]
Editor's Note: Said map is included as an attachment to this chapter.
D.
Permitted uses. The following uses, and no others, are permitted in the Appalachian Trail Overlay Zone:
(1)
Open space.
(2)
Passive recreational uses, such as public or private parkland, nature preserves, forest preserves and fishing areas.
(3)
Forestry, as that activity is defined by the Pennsylvania Municipalities Planning Code.
(4)
Agriculture.
(5)
Accessory uses, structures and buildings, excluding, however, equipment storage, free standing satellite dish antennas, parking lots, outdoor wood- fired boilers and wind turbines. Any storage of the following within the overlay zone must be contained inside an accessory building: vehicles, lawn and farm equipment, machinery, or parts thereof, waste or discarded material. Accessory structures shall be subject to the respective regulations contained within the underlying zone. All accessory structures or buildings must be painted or finished in earth-tone colors.
(6)
Municipal uses, structures and buildings, excluding, however, equipment storage, free standing satellite dish antennas, parking lots, outdoor wood-fired boilers and wind turbines. Any storage of the following within the overlay zone must be contained inside an accessory building: vehicles, lawn and farm equipment, machinery, or parts thereof, waste or discarded material. All municipal structures or buildings must be painted or finished in earth-tone colors.
§ 205-140 Historic site protection.
B.
Applicability.
(1)
This section imposes a conditional use review procedure for the proposed demolition and/or conversion of historic structures, as defined herein.
C.
Demolition of an historic structure.
(1)
No historic structure shall be demolished until the applicant has obtained conditional use approval and a zoning permit for such demolition.
(2)
Prior to the application for conditional use approval to demolish an historic structure, the applicant shall be required to 1) request to meet with the staff of the Pennsylvania Historical and Museum Commission (PHMC) to gain their ideas about potential preservation options for the building/structure, 2) request that the PHMC provide a written review of the proposed demolition and 3) provide evidence no less than 90 days has elapsed since the meeting with the PHMC if no written report has been provided by the PHMC. No conditional use approval or zoning permit for the demolition of an historic structure shall be issued unless the preceding requirements have been satisfied. To inform the staff of the PHMC about the structure, the applicant shall be required to produce all of the available following materials at the time of their meeting:
(3)
In applying to the Township for conditional use approval to demolish an historic structure, the applicant is required to produce all of the available following materials and information:
(a)
Historic deeds, surveys and site plans of the subject property;
(b)
Current and historic photos of the property;
(c)
If the applicant is not the landowner, a notarized letter from the landowner requesting demolition of the historic structure;
(d)
Additional information as may be requested by the Board of Supervisors;
(e)
A review letter from the PHMC of its findings as required by § 205-140C(2) of this chapter; and
(f)
A description of specific measures and/or relief that could enable the preservation of the subject historic structure or specific reasons why the historic structure cannot accommodate a permitted use and the demolition is warranted.
(4)
In evaluating the merits of a conditional use application for the demolition of an historic structure, the Board of Supervisors must find that the applicant has met his/her burden of proof that the proposed use meets all applicable regulations contained within this chapter including but not limited to those general criteria contained within § 205-162B of this chapter and will consider the following:
(a)
The findings of the PHMC in its review of the proposed demolition.
(b)
Should the Board of Supervisors determine that the historic structure retains significant historic value and can be practically adapted to meet the needs of the applicant, the conditional use shall be denied.
(c)
Should the Board of Supervisors determine that the historic structure retains significant historic value and can be preserved through some other practical means, the conditional use shall be denied.
(d)
Should the Board of Supervisors determine that the historic structure fails to retain significant historic value, the conditional use shall be approved authorizing the demolition.
(e)
Should the Board of Supervisors determine that the historic structure cannot be practically adapted to meet the needs of the applicant, the conditional use shall be approved authorizing the demolition.
(f)
Should the Board of Supervisors determine that the historic structure cannot be preserved by any practical means, the conditional use shall be approved authorizing the demolition.