Douglass Township Berks County
City Zoning Code

Floodplain Overlay District

Hydric Soil Overlay District

High Water Table Overlay District

Steep Slope Overlay District

The one-hundred-year floodplain shall be an overlay to the existing underlying districts as depicted on the latest update to the Douglass Township Flood Insurance Rate Map prepared by the Federal Emergency Management Agency. As such, these provisions regulating floodplain management shall be a supplement to the underlying district provisions. Where conflicts arise between the provisions or regulations of this chapter, or of Chapter 8, "Floodplains," of the Township Code, the more restrictive provisions shall apply.

The purpose of establishing provisions for floodplain management is to promote and protect the general health, welfare, and safety of the community; encourage the utilization of appropriate construction practices; minimize potential hazards to public health; reduce financial burdens imposed on the community and government; and to regulate all development within the one-hundred-year floodplain.

No structure or use shall be located, relocated, constructed, reconstructed, enlarged, or structurally altered except in full compliance with the terms and provisions of this chapter and any other possible ordinances and regulations which apply to uses within the jurisdiction of this chapter.

The specific intent of this Part shall be to protect areas of floodplain subject to and necessary for the containment of floodwaters and to permit and encourage the retention of open space land uses which will be so located and utilized as to constitute a harmonious and appropriate aspect of the continuing physical development of Douglass Township. Furthermore, in light of the Township's certification as eligible for federal flood insurance, it is the intent of this Part to provide adequate protection for flood-prone properties within Douglass Township. In advancing these principles, the following shall be the specific objectives of the Floodplain Overlay District:

The Floodplain Overlay District shall include areas subject to inundation by waters of the one-hundred-year regulatory flood. The boundaries of the one-hundred-year floodplain are depicted on the latest update to the Flood Insurance Rate Map prepared by the Federal Emergency Management Agency.

The degree of flood protection sought by the provisions of this chapter is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur on rare occasions and flood height may be increased by man-made or natural causes. This chapter does not imply that areas outside the floodplain districts, or land uses permitted within such districts will be free from flooding or flood damages. This chapter shall not create liability on the part of Douglass Township or any officer or employee thereof for any administrative decision lawfully made thereunder.

The delineation of the Floodplain Overlay District may be revised at any time by the Douglass Township Board of Supervisors where natural or man-made changes have occurred and/or more detailed studies conducted by the Federal Emergency Management Agency (FEMA), U.S. Army Corps of Engineers or other qualified agency documents the notification for such change. Any proposed changes to the defined boundaries shall be subject to the review and approval of FEMA, the Federal Insurance Administration (FIA), and the Douglass Township Board of Supervisors.

The following uses and no other will be permitted in a Floodplain Overlay District:

The following uses shall be specifically prohibited in a Floodplain Overlay District:

Game farm, fish hatchery, or hunting and fishing preserve for the protection or propagation of wildlife, but permitting no structures.

Commercial recreation use, whether open to the public or restricted to private membership, such as parks, camps, picnic areas, golf course, fishing, sport or boating clubs; not to include enclosed structures, excepting toilet facilities, but permitting piers, docks, floats or shelters usually found in developed outdoor recreational areas. Any toilet facilities provided shall be connected to public water and sewerage systems.

Storm sewers or impoundment basins, with the approval of the Township Engineer.

Outlet installations for sewage treatment plants and sewage pumping stations, with the approval of the Township Engineer and appropriate sewer authorities.

Dams, bridges and culverts approved by the Commonwealth of Pennsylvania Department of Environmental Protection and any agency that has jurisdiction over the watershed in question.

Paved roads and driveways, parking lots, where required by the regulations for the district applicable to the lot without consideration of this Part, provided that:

Grading or regrading of lands, including the deposit of topsoil and the grading thereof and the construction of retaining walls. In addition, an application for a special exception for such use shall also be accompanied by a plan indicating the deposition of any fill or material proposed to be deposited by the grading or regrading of land; such fill or other materials shall be protected against erosion by riprap, vegetation cover or bulk heading.

Other uses similar to the above.

An application for a zoning permit shall be filed with the Zoning Officer, who shall make an initial determination on the application. For a use other than those permitted in Subsection 3, an application seeking approval of a special exception or variance shall be forwarded to the Zoning Hearing Board along with required studies or information and the findings of the Township Engineer.

The application for special exception or use by variance shall be accompanied by the following:

The applicant shall request the review and recommendations of the Township Engineer.

The applicant shall request the review and recommendations of the Douglass Township Planning Commission.

In rendering a decision, the Zoning Hearing Board may impose special measures or conditions as deemed necessary and appropriate for the use to conform to the intent of this chapter.

The Zoning Hearing Board shall exercise discretion in allowing only those uses which are substantially in accord with the stated objectives in Subsection 1 herein. The Zoning Hearing Board, in considering special exceptions or variance applications, shall utilize the following:

The Zoning Hearing Board, after deciding upon the merits of the application, may permit the applicant to make some reasonable use of the property in question, while ensuring that such use will not violate the basic objectives of this Part as specified in Subsection 1 herein.

In considering a use as a variance, the Zoning Hearing Board shall consider those standards outlined in Subsection 6 herein.

The Zoning Hearing Board, when considering variances, shall utilize the following:

In cases of any dispute concerning the boundaries of a Floodplain Overlay District, initial determination shall be made by the Township Engineer.

Any party aggrieved by the decision of the Township Engineer as to the boundaries of the Floodplain Overlay District, as defined above, which may include the grounds that said map referred to therein is or has become incorrect because of changes due to natural or other causes or changes indicated by future detailed hydrologic and hydraulic studies, may appeal to the Zoning Hearing Board. The burden of proof in such an appeal shall be on the applicant.

Insofar as various natural conditions, including the Floodplain Overlay District, as herein defined, may change, such changes may be validated by detailed on-site survey techniques approved by the United States Army Corps of Engineers, Philadelphia District. Whether a proposed use is within the Floodplain Overlay District shown on the Floodplain Overlay Map shall, upon appeal from the decision of the Township Engineer, be determined by the Zoning Hearing Board upon receipt of the findings of the detailed on-site survey by the petitioner. The Zoning Hearing Board, in addition to other evidence and standards, may consider the recommendations of the Township Planning Commission and the validation of the United States Army Corps of Engineers, Philadelphia District, and/or other municipal agencies.

The areas subject to hydric soils within the Township shall be an overlay to the existing underlying district as illustrated in the Soil Survey of Berks County, prepared by the United States Department of Agriculture in cooperation with the Pennsylvania State University and Pennsylvania Department of Agriculture, and referred to hereinafter as "Soil Survey." Where conflicts arise between provisions or regulations of this chapter, the more restrictive development provisions shall apply.

The purpose of establishing provisions for areas which may encounter hydric soils is to promote and protect the general health, welfare, and safety of the community; secure environmentally sensitive lands; encourage the utilization of appropriate construction practices; and to minimize hazards to public health.

The U.S. Department of Agriculture in cooperation with the National Technical Committee for Hydric Soils has defined a "hydric soil" as follows: "A hydric soil is a soil that is saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions in the upper part."

Hydric soils identified by the Soil Survey include the following. This list is not necessarily comprehensive.

It is the intention of this chapter that in cases where the Hydric Soil Overlay District overlaps the Floodplain Overlay District, the policies, restrictions, guidelines, and standards of the more restrictive district shall prevail.

Development upon hydric soils shall be subject to § 27-742, "Wetlands," of this chapter.

All uses permitted in the underlying zoning district provided it is in accordance with the latest development standards and specifications adopted by the Federal Emergency Management Agency (FEMA), the U.S. Army Corps of Engineers, the Pennsylvania Department of Environmental Protection (DEP), the U.S. Environmental Protection Agency, and Douglass Township.

All accessory uses permitted in the underlying zoning district provided it is in accordance with the latest development standards and specifications adopted by the FEMA, the U.S. Army Corps of Engineers, DEP, the U.S. Environmental Protection Agency, and Douglass Township.

Any grading or earth disturbance activity provided it is in accordance with the latest development standards and specifications adopted by FEMA, the U.S. Army Corps of Engineers, DEP, the U.S. Environmental Protection Agency, and Douglass Township.

Development upon hydric soils shall be subject to § 27-742, "Wetlands," of this chapter.

Should a dispute arise concerning the boundaries of those areas subject to hydric soil overlay controls, an initial determination of the boundaries shall be made by the Zoning Officer or Township Engineer utilizing the criteria listed under § 27-503, Subsection 2, "Designation of Hydric Soil Areas," of this chapter.

Any person aggrieved by this decision may appeal to the Zoning Hearing Board as specified in this chapter.

The burden of proof shall be on the person appealing the decision of the Zoning Officer or Township Engineer.

The areas subject to high water table soils within the Township shall be an overlay to the existing underlying district as illustrated in the Soil Survey of Berks County, prepared by the United States Department of Agriculture in cooperation with the Pennsylvania State University and Pennsylvania Department of Agriculture. Where conflicts arise between provisions or regulations of this chapter, the more restrictive provisions shall apply.

The purpose of establishing provisions for areas which may encounter a high water table is to promote and protect the general health, welfare, and safety of the community; secure environmentally sensitive lands; encourage the utilization of appropriate construction practices; and to minimize hazards to public health.

The High Water Table Overlay District shall include all areas subject to inundation of soils which are characteristic and categorized as being alluvial and/or as high water table soils by the Soil Survey of Berks County, Pennsylvania prepared by the United States Department of Agriculture (Soil Conservation Service) in cooperation with the Pennsylvania State University and Pennsylvania Department of Agriculture, and referred to hereinafter as "Soil Survey."

Alluvial soils are defined as soils which have been formed in alluvium and deposited in the past by stream or flooding conditions. The presence of these soils is a reliable indication that heavy runoff conditions will probably create flooding in the future.

High water table soils are defined as surface soils which are within three feet of the seasonable high water table as described and identified by the Soil Survey.

High water table soils identified by the Soil Survey include the following. This list is not necessarily comprehensive.

It is the intention of this chapter that in cases where the High Water Table Overlay District overlaps the Floodplain Overlay District and/or the Hydric Soil Overlay District, the policies, restrictions, guidelines, and standards of the more restrictive district shall prevail.

General agriculture uses, subject to § 27-705, Subsection 1, of this chapter.

Municipal uses.

All uses permitted in the underlying zoning district provided it is in accordance with the latest development standards and specifications adopted by the Pennsylvania Department of Environmental Protection (DEP), the Berks County Soil Conservation District, and Douglass Township.

Development upon hydric soils are subject to § 27-742, "Wetlands," of this chapter.

All accessory uses permitted in the underlying zoning district provided it is in accordance with the latest development standards and specifications adopted by DEP, the Barks County Soil Conservation District, and Douglass Township.

Should a dispute arise concerning the boundaries of those areas subject to high water table overlay controls, an initial determination of the boundaries shall be made by the Zoning Officer or Township Engineer utilizing the criteria listed under § 27-504, Subsection 2, "Designation of High Water Table Areas," of this chapter.

The burden of proof shall be on the person appealing the decision of the Township Zoning Officer or Township Engineer.

Guard against property damage and personal injury, and minimize the potential for erosion, soil failure, stream siltation, and contamination of surface waters caused by the misuse of steep slope areas.

Conserve existing woodlands for air and water quality benefits, to provide habitat for wildlife, and to maintain the ecological balance among the natural systems on steep slope areas.

Permit land uses by right that are compatible with protection of steep slope areas, and encourage the use of steep slope areas for open space and conservation uses.

Require development to avoid steep slope areas wherever possible, and require land use, clearing, grading, and construction to satisfy performance standards that guard against potential harmful consequences.

Regulate expansion of land use or development that existed on steep slope areas prior to enactment of these requirements.

Protect adjoining properties from harmful consequences of development permitted under relief from the provisions of these requirements.

Steep Slope Map.

Boundary Delineation, Interpretation, and Appeals.

For any lot or portion thereof lying within the Steep Slope Overlay District, the regulations of the overlay district shall take precedence over the regulations of the underlying district.

Should the underlying zoning of any lot or any part thereof which is located in the Steep Slope Overlay District be changed through any legislative or judicial action, such change shall have no effect on the overlying Steep Slope Overlay District unless such change was included as part of the original application.

Should the overlaying Steep Slope Overlay District be declared inappropriate to any lot through any legislative or judicial actions, such change shall have no effect on the underlying Zoning District.

All uses, activities and development occurring within any Steep Slope Overlay District shall be undertaken only in strict compliance with the provisions of this Part, with all federal and state laws, and with all other applicable Township codes and ordinances.

Wildlife sanctuary, woodland preserve, arboretum, and passive park and recreation areas.

Game farm or hunting preserve.

Forestry and reforestation in accordance with recognized natural resource and soil conservation practices.

Pasture and grazing land in accordance with recognized natural resource and soil conservation practices.

Outdoor plant nursery or orchard in accordance with recognized natural resource and soil conservation practices.

Cultivation and harvesting of crops in accordance with recognized natural resources and soil conservation practices.

Front, side, or rear yards, and required lot area for any district, subject to the requirements of Subsection 10, development regulations, herein, and provided such yards shall not be used for any use prohibited under Subsection 7 herein.

Nonstructural accessory uses necessary to the operation and maintenance of the above permitted uses.

Structures, roads, driveways, parking areas, construction, or other development.

Clearing of vegetation, or grading, including the addition of fill composed of earth, rock, or inorganic construction debris.

Sealed public water supply wells with approval of the Pennsylvania Department of Environmental Protection.

Sanitary or storm sewers and stormwater detention basins with the approval of the Township Engineer and the Department of Environmental Protection.

On-site sewage disposal systems, when approved by the Department of Environmental Protection.

Public utilities subject to the requirements set forth in this chapter.

Extractive uses and borrow pits in accordance with recognized conservation practices and regulations of the State Department of Environmental Protection.

On steep slopes of less than 25%:

On steep slopes of 25% or more, all uses listed in Subsection 6A through E and Subsection 7A herein.

For a use other than those permitted as by right, as stated in Subsection 6 herein, an application seeking special exception approval shall be forwarded to the Township along with any required studies, documentation, or information as set forth herein.

A plan by a registered professional engineer or surveyor, which accurately locates the proposed use with respect to the Steep Slope Overlay District boundaries and existing development within 200 feet of the proposed use, together with all pertinent information describing the proposal, and a topographical survey with contour elevations at no greater than two-foot intervals.

The applicant shall provide a suitable erosion and sediment control plan and supporting evidence for the site.

A plan of proposed development or use of the site, conforming to the preliminary plan requirements of the Douglass Township Subdivision and Land Development Ordinance [Chapter 22] with contours shown at two-foot intervals, where feasible, throughout the steep slope areas proposed for development or use. Contours shall be accurately drawn from on-site survey or aerial photographic sources.

Proposed modifications to the existing topography and vegetative cover, as well as the means of accommodating stormwater runoff.

Documentation of any additional engineering and/or conservation techniques designed to alleviate environmental problems created by the proposed activities, in compliance with the Township's sedimentation and erosion control regulations.

The following, unless deemed unnecessary by the Township Engineer:

That the use is one, which is permitted as a special exception in Subsection 6 herein.

Relationship of the proposed use to the objectives set forth in Subsection 1.

The design standards as set forth in the Douglass Township Subdivision and Land Development Ordinance [Chapter 22].

The erosion and sediment control plan submitted with the application, drawn in accordance with the Douglass Township Subdivision and Land Development Ordinance [Chapter 22].

Abutting property shall not be adversely affected by runoff or erosion from the proposed use.

The need for a woodland management plan on wooded steep slope areas.

Evidence that:

All setback requirements for the underlying zoning district shall be met by the proposed application for development of the site.

All structures, roads, driveways, parking areas, grading, construction, and other development, and clearing of vegetation shall be set back a minimum of 10 feet from the boundary of the Steep Slope Overlay District, unless otherwise approved as part of a special exception application.

No building lot shall be created unless it contains sufficient buildable area with slopes less than 25%. If it is infeasible to provide this buildable area in accordance with the setbacks required by the underlying district, the lot area shall be increased as necessary to provide a buildable area equal to at least 1/2 the building envelope provided by the minimum lot dimensional standards of the underlying district.