Douglass Township Berks County
City Zoning Code
City Zoning Code
PART 5
ENVIRONMENTAL PROTECTION OVERLAY DISTRICT REGULATIONS
§ 27-501 Statement of Intent.
[Ord. 2013-01, 2/11/2013]
1.
As established through the goals, objectives and policies of the Douglass Township Comprehensive Plan, it is essential to acknowledge environmental protection and open space preservation. It is therefore an objective of this chapter to incorporate the "environmental protection overlay concept" to implement this goal.
2.
The Environmental Protection Overlay Districts incorporated under this Part include provisions to supplement and enhance the existing underlying district regulations for land areas which may encounter certain physical limitations for development. To implement and achieve the goals and objectives established for preserving environmentally sensitive areas, the overlay concept has been divided into the following individual overlay districts:
3.
The Environmental Protection Overlay Districts are an overlay concept which supplements but does not replace the existing underlying zoning district regulations. In cases where Environmental Protection Overlay Districts overlap, the more restrictive standards and specifications shall apply.
§ 27-502 Floodplain Overlay District.
[Ord. 2013-01, 2/11/2013]
1.
Purpose.
A.
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.
B.
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.
C.
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.
D.
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:
(1)
To combine with present zoning requirements certain restrictions made necessary for flood-prone areas to promote the general health, welfare and safety of the Township.
(2)
To prevent the erection of structures in areas unfit for human usage by reason of danger from flooding, unsanitary conditions or other hazard.
(3)
To minimize danger to public health by protecting the quality and quantity of surface and subsurface water supplies adjacent to and underlying flood hazard areas and promoting safe and sanitary drainage.
(4)
To permit only those uses which can be appropriately located in the floodplain, as herein defined, and which will not impede the flow or storage of floodwaters or otherwise cause danger to life and property at, above or below their locations along the floodplain.
(5)
To protect adjacent landowners and those both upstream and downstream from damages resulting from development within a floodplain and the consequent obstruction or increase in flow of floodwaters.
(6)
To protect the entire Township from individual uses of land which may have an effect upon subsequent expenditures for public works and disaster relief and adversely affect the economic well-being of the Township.
(7)
To maintain undisturbed the ecological balance between those natural systems elements, including wildlife, vegetation and riverine life, dependent upon watercourses and water areas.
(8)
To protect other municipalities within the same watershed from the impact of improper development and the consequent increased potential for flooding.
(9)
To provide areas for the deposition of flood-borne sediment.
2.
Designation of Floodplain Areas.
A.
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.
B.
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.
C.
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.
3.
Permitted Uses; Prohibited Uses.
A.
The following uses and no other will be permitted in a Floodplain Overlay District:
(1)
Cultivation and harvesting of crops in accordance with recognized practices.
(2)
Pasture and grazing land in accordance with recognized practices.
(3)
Outdoor plant nursery or orchard in accordance with recognized practices.
(4)
Wildlife sanctuary, woodland preserve, arboretum and passive recreation or parks, including hiking, bicycle and bridle trails, but including no facilities subject to damage by flooding.
(5)
Forestry, lumbering, and reforestation in accordance with recognized natural resource practices, but permitting no structures.
(6)
Utility transmission lines.
(7)
Sealed public water supply wells, with the approval of the Township Engineer.
(8)
Floodproofed sanitary sewers, with the approval of the Township Engineer.
(9)
Front, side or rear yards and required lot area for any district, provided that such yards are not to be used for on-site sewage disposal systems or any other prohibited structure.
(10)
Fences.
(11)
New non-habitable accessory structure to an existing residential use provided that it is outside the floodway and otherwise in compliance with the latest development standards and specifications adopted by the Federal Emergency Management Agency (FEMA), the U.S. Army Corps of Engineers, and the Pennsylvania Department of Environmental Resources (PADEP).
(12)
In-ground pools.
B.
The following uses shall be specifically prohibited in a Floodplain Overlay District:
(1)
All freestanding structures and buildings, with the exception of those permitted in paragraph .A and flood retention dams, culverts and bridges as approved by the Pennsylvania Department of Environmental Protection.
(2)
The relocation of any watercourse without approval by the Supervisors of Douglass Township, which shall first have received the recommendation of the Township Planning Commission and the approval of the Pennsylvania Department of Environmental Protection.
(3)
Sanitary landfills, dumps, junkyards, outdoor storage of vehicles and materials.
(4)
On-site sewage disposal systems, except to replace an existing system as permitted by the Pennsylvania Department of Environmental Protection.
(5)
Private water supply wells, except to replace an existing well.
(6)
The construction or substantial improvement of any structure which will be used for the production, storage, or maintenance of a supply of the following materials or substances on the premises:
(a)
Acetone.
(b)
Ammonia.
(c)
Benzene.
(d)
Calcium carbide.
(e)
Carbon disulfide.
(f)
Celluloid.
(g)
Chlorine.
(h)
Hydrochloric acid.
(i)
Hydrocyanic acid.
(j)
Magnesium.
(k)
Nitric acid and oxides of nitrogen.
(l)
Petroleum products (gasoline, fuel oil, and the like.)
(m)
Phosphorus.
(n)
Potassium.
(o)
Sodium.
(p)
Sulfur and sulfur products.
(q)
Pesticides, including insecticides, fungicides, and rodenticides.
(7)
As used in this subsection, the term "substantial improvement" shall mean any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value based on current assessment of the structure either before the improvement or repair is started or if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:
(a)
Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which is solely necessary to assure safe living conditions.
(b)
Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.
4.
Special Exceptions. The following special exceptions shall be allowed or denied by the Zoning Hearing Board after recommendations by the Planning Commission pursuant to the standards set forth in this Part:
A.
Game farm, fish hatchery, or hunting and fishing preserve for the protection or propagation of wildlife, but permitting no structures.
B.
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.
C.
Storm sewers or impoundment basins, with the approval of the Township Engineer.
D.
Outlet installations for sewage treatment plants and sewage pumping stations, with the approval of the Township Engineer and appropriate sewer authorities.
E.
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.
F.
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:
(1)
In the case of roads and driveways, no such facilities shall be permitted as a special exception if alternative alignments are feasible.
(2)
In the case of parking facilities, no such facility shall be permitted as a special exception unless satisfactory evidence is submitted that such parking will not be utilized during periods of flood flow, thus posing no threat to the safety of the vehicles, their uses and/or to downstream properties. Temporary parking for periods not to exceed one hour and/or parking for recreation uses would be examples of such exceptions.
G.
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.
H.
Other uses similar to the above.
5.
Application Procedures.
A.
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.
B.
The application for special exception or use by variance shall be accompanied by the following:
(1)
Detailed engineering studies indicating the effects on drainage and streams on all adjacent properties as well as the property in question.
(2)
An application for amending the boundaries of the Floodplain Overlay District if the boundaries will be affected by the proposed special exception or use by variance.
6.
Consideration of Special Exceptions or Variances. All applications for approval of special exceptions or variances shall be considered using standards listed in Subsection 7 and compliance with Chapter 8, "Floodplains," of the Township Code.
A.
The applicant shall request the review and recommendations of the Township Engineer.
B.
The applicant shall request the review and recommendations of the Douglass Township Planning Commission.
C.
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.
7.
Standards for Special Exceptions or Variances.
A.
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:
(1)
The effect of the use shall not substantially alter the cross-section profile of the stream and floodplains at the location of the proposed use.
(2)
Lands abutting the waterway, both upstream and downstream, shall not be unreasonably affected by the proposed use.
(3)
The general welfare or public interest of Douglass Township or of other municipalities in the same watershed shall not be adversely affected.
(4)
Any new structure permitted by special exception or by variance shall be constructed and placed on the lot so as to offer the minimum obstruction to the flow of water and shall be designed to have a minimum effect upon the flow and height of floodwater. Such structures shall be elevated in accordance with the provisions contained in the Douglass Township Building Code [Chapter 5], as amended.
(5)
Any new structure or substantial improvement permitted as a special exception or by variance shall have all utilities and facilities floodproofed in accordance with the provisions contained in the Douglass Township Building Code [Chapter 5, Part 1], as amended.
(a)
All such structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse, or lateral movement.
(b)
All such structures shall be constructed so as to prevent the entrance of floodwaters into the water supply and waste treatment systems as well as other utility and facility systems. In addition, waste treatment systems shall be designed to minimize or eliminate discharges from the systems into the floodwaters.
(6)
Any additions to existing structures permitted as a special exception or by variance shall be elevated to the greatest extent possible according to the provisions contained in the Douglass Township Building Code [Chapter 5, Part 1], as amended. However, any portion of the structure not so elevated shall be floodproofed, also in accordance with the Township Building Code [Chapter 5, Part 1], as amended.
8.
Additional Standards for Variances. A property owner of a lot of record as of the date of the enactment of this Part who is able to prove that the strict enforcement of this Part would create undue hardship by denying a reasonable use of an existing lot which is situated either wholly or partially in the Floodplain Overlay District may seek relief by applying for a variance from the Zoning Hearing Board.
A.
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.
B.
In considering a use as a variance, the Zoning Hearing Board shall consider those standards outlined in Subsection 6 herein.
C.
The Zoning Hearing Board, when considering variances, shall utilize the following:
(1)
Affirmative decisions shall only be issued by the Zoning Hearing Board upon a showing of good and sufficient cause, a determination that failure to grant the appeal would result in exceptional hardship to the applicant and a determination that the granting of an appeal will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances.
(2)
Affirmative decisions shall only be issued upon a determination that is the minimum necessary, considering the flood hazard, to provide relief.
9.
Boundary Disputes; Appeals Procedure.
A.
In cases of any dispute concerning the boundaries of a Floodplain Overlay District, initial determination shall be made by the Township Engineer.
B.
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.
C.
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.
10.
Nonconforming Uses and Structures. Following the adoption of this Part, any use or structure which is situated within the boundaries of the Floodplain Overlay District and which does not conform to the permitted uses specified in Subsection 3 herein shall become a nonconforming use or structure, regardless of its conformance to the district in which it is located without consideration of this Part. The expansion or continuance of a nonconforming use or structure which is rendered nonconforming by the adoption of this Part shall be governed by the standards contained in Subsection 6 and Subsection 3B(7) herein. The Zoning Hearing Board shall ensure that these standards are enforced with respect to said nonconforming use or structure.
11.
Conflict of Law. These provisions regulating floodplain management shall be a supplement to the underlying district provisions. Where conflicts arise between this Part and other Parts of this chapter including, but not limited to, the Steep Slope Overlay District [§ 27-505], the Hydric Soil Overlay District [§ 27-503], and the High Water Table Overlay District [§ 27-504], the more restrictive provisions shall apply.
§ 27-503 Hydric Soil Overlay District.
[Ord. 2013-01, 2/11/2013]
1.
Purpose.
A.
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.
B.
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.
2.
Designation of Hydric Soil Areas.
A.
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."
B.
Hydric soils identified by the Soil Survey include the following. This list is not necessarily comprehensive.
Soil Name | Map Symbol |
|---|---|
Andover | AnA, AnB, AoB |
Bowmansville Silt | Bo |
Brinkerton Silt | BtA, BtB |
Croton Silt | CwA, CwB |
Holly Silt | Ho |
Lamington Silt | LfA |
Thorndale Silt | ThA |
Towhee Silt | ToA, ToB, TwB |
C.
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.
3.
Uses Permitted by Right.
A.
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.
B.
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.
C.
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.
4.
Boundary Disputes and Appeals Procedures.
A.
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.
B.
Any person aggrieved by this decision may appeal to the Zoning Hearing Board as specified in this chapter.
C.
The burden of proof shall be on the person appealing the decision of the Zoning Officer or Township Engineer.
§ 27-504 High Water Table Overlay District.
[Ord. 2013-01, 2/11/2013]
1.
Purpose.
A.
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.
B.
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.
2.
Designation of High Water Table Areas.
A.
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."
B.
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.
C.
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.
D.
High water table soils identified by the Soil Survey include the following. This list is not necessarily comprehensive.
Soil Series | Map Symbol(s) |
|---|---|
Andover | Ana, AnB, AoB |
Berks | BkA, BkC, BkD, BkF |
Bowmansville | Bo |
Brinkerton | BtA, BtB |
Croton | CwA, CwB |
Holly | Ho |
Lamington | LfA |
Thorndale | ThA |
Towhee | ToA, ToB, TwB |
Weikert | WeB, WeD |
Hydric soils § 27-503 of this chapter. |
E.
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.
3.
Uses Permitted by Right. The following uses and activities are permitted in the High Water Table Overlay District provided they are in compliance with the provisions of the underlying district:
B.
Municipal uses.
C.
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.
E.
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.
4.
Boundary Disputes and Appeals Procedures.
A.
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.
B.
The burden of proof shall be on the person appealing the decision of the Township Zoning Officer or Township Engineer.
§ 27-505 Steep Slope Overlay District.
[Ord. 2013-01, 2/11/2013]
1.
Legislative Intent. The specific intent of this Part is to benefit the public health, safety, and welfare of the Douglass Township residents by conserving and protecting areas of steep slopes from the harmful consequences of excessive clearing of vegetation, excessive grading, and/or inappropriate development, in conformance with the following goals of Douglass Township:
A.
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.
B.
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.
C.
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.
D.
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.
E.
Regulate expansion of land use or development that existed on steep slope areas prior to enactment of these requirements.
F.
Protect adjoining properties from harmful consequences of development permitted under relief from the provisions of these requirements.
2.
Conflict of Law. The designated steep slope area shall be an overlay to the existing underlying district as illustrated on topographical maps prepared by the U.S. Geological Survey or slopes of 15% or greater. These provisions regulating steep slope management shall be a supplement to the underlying district provisions. Where conflicts arise between this Part and other Parts of this chapter including, but not limited to, the Floodplain Overlay District [§ 27-502], the Hydric Soil Overlay District [§ 27-503], and the High Water Table Overlay District [§ 27-504], the more restrictive provisions shall apply.
3.
Definition and Establishment. The Steep Slope Overlay District is established as all those areas of the Township with a slope of 15% or more, referred to as "steep slopes" or "steep slope areas."
A.
Steep Slope Map.
(1)
Areas of steep slopes shall be plotted on a map known as the Steep Slope Overlay District Map of Douglass Township ("Steep Slope Map"), as determined from United States Geological Survey (USGS) Maps to indicate the approximate boundaries of the Steep Slope Overlay District.
(2)
The boundaries shown on the Steep Slope Map may be supplemented or modified by boundaries determined by examination of one or more of the following sources whenever a subdivision or land development plan is submitted for review by the Township in accordance with the provisions set forth herein:
(3)
Changes in the boundaries of the Steep Slope Overlay District shall be plotted as amendments to the Steep Slope Map when feasible.
B.
Boundary Delineation, Interpretation, and Appeals.
(1)
Applicants shall show the boundaries of the Steep Slope Overlay District on all subdivision and land development plans, based on one or more of the sources listed in paragraph .A(2) herein. Steep slopes shall be further divided into the following two categories:
(2)
The Township Engineer shall decide whether or not the Steep Slope Overlay District has been shown with sufficient accuracy on the applicant's plans. Based on the Township Engineer's advice, the Township Zoning Officer may require applicants to revise the boundaries shown on the plans.
(3)
Any party aggrieved by the decision of the Township Zoning Officer may appeal the decision to the Zoning Hearing Board.
(4)
The burden of proving the correct boundary shall be on the appellant, supported by engineering and/or surveying data or mapping, testimony of a soil scientist, or other acceptable evidence.
4.
Overlay Concept. The Steep Slope Overlay District shall be an overlay on all zoning districts and shall function in accordance with the following:
A.
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.
B.
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.
C.
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.
D.
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.
5.
Uses Permitted by Right. The following open space and conservation uses are permitted as by right, provided that they are in compliance with the provisions of the underlying zoning district, are not prohibited by any other ordinance, and shall not include any structures, roads, driveways, parking areas, construction, or other development, or grading, or clearing of vegetation.
A.
Wildlife sanctuary, woodland preserve, arboretum, and passive park and recreation areas.
B.
Game farm or hunting preserve.
C.
Forestry and reforestation in accordance with recognized natural resource and soil conservation practices.
D.
Pasture and grazing land in accordance with recognized natural resource and soil conservation practices.
E.
Outdoor plant nursery or orchard in accordance with recognized natural resource and soil conservation practices.
F.
Cultivation and harvesting of crops in accordance with recognized natural resources and soil conservation practices.
H.
Nonstructural accessory uses necessary to the operation and maintenance of the above permitted uses.
6.
Uses Permitted by Special Exception. The following uses shall be permitted on steep slopes of less than 25% by special exception, in accordance with the special exception standards and criteria in Subsection 9 herein:
A.
Structures, roads, driveways, parking areas, construction, or other development.
B.
Clearing of vegetation, or grading, including the addition of fill composed of earth, rock, or inorganic construction debris.
C.
Sealed public water supply wells with approval of the Pennsylvania Department of Environmental Protection.
D.
Sanitary or storm sewers and stormwater detention basins with the approval of the Township Engineer and the Department of Environmental Protection.
E.
On-site sewage disposal systems, when approved by the Department of Environmental Protection.
F.
Public utilities subject to the requirements set forth in this chapter.
G.
Extractive uses and borrow pits in accordance with recognized conservation practices and regulations of the State Department of Environmental Protection.
7.
Prohibited Uses. The following uses are specifically prohibited:
8.
Special Exception Application. For any use authorized by special exception in the Steep Slope Overlay District, excepting uses existing as of the date of enactment of this Part, an application to the Township Zoning Hearing Board shall be filed with the Township in accordance with the following:
A.
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.
B.
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.
C.
The applicant shall provide a suitable erosion and sediment control plan and supporting evidence for the site.
D.
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.
E.
Proposed modifications to the existing topography and vegetative cover, as well as the means of accommodating stormwater runoff.
F.
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.
G.
The following, unless deemed unnecessary by the Township Engineer:
(1)
Typical tract cross sections at a scale of one inch equals 100 feet, or larger, and/or typical tract cross sections at a vertical and horizontal scale deemed appropriate by the Township Engineer.
(2)
Specifications of building materials and construction including filling, grading, materials storage, water supply, and sewage disposal facilities.
9.
Special Exception Standards and Criteria. In considering a special exception application, the Township Zoning Hearing Board shall consider the following:
C.
The design standards as set forth in the Douglass Township Subdivision and Land Development Ordinance [Chapter 22].
D.
The erosion and sediment control plan submitted with the application, drawn in accordance with the Douglass Township Subdivision and Land Development Ordinance [Chapter 22].
E.
Abutting property shall not be adversely affected by runoff or erosion from the proposed use.
F.
The need for a woodland management plan on wooded steep slope areas.
G.
Evidence that:
(1)
Proposed buildings or structures are of sound engineering design and that footings are designed to extend to stable soil and/or bedrock, and that the proposal will be sound from architectural, engineering, and environmental perspectives, and will have no adverse impacts on the health, safety, and welfare of the community.
(2)
Proposed roads, drives, and parking areas are designed so that land clearing and/or grading will not cause accelerated erosion. Both vertical and horizontal alignment for such facilities shall be so designed that hazardous conditions are not created.
(3)
Alternative placements on non-steep slope areas were carefully evaluated for structures, including buildings, retaining walls, swimming pools, roads, access driveways, parking facilities and other development, and can be shown to be inappropriate or infeasible to the satisfaction of the Township Board of Supervisors.
(4)
Proposed on-lot sewage disposal facilities are properly designed and constructed in conformity with applicable health regulations.
(5)
Proposed nonagricultural displacement of soil is for purposes consistent with the intent of this article and will be executed in a manner that will not cause erosion or other unstable conditions.
(6)
Surface runoff water will not create unstable conditions, including erosion, and that appropriate stormwater management facilities will be constructed as necessary.
10.
Development Regulations. The following regulations shall apply to all proposals within the Steep Slope Overlay District:
A.
All setback requirements for the underlying zoning district shall be met by the proposed application for development of the site.
B.
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.
C.
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.
11.
Certificate of Compliance. No steep slope areas shall be occupied until a certificate of compliance has been submitted to the Township by a registered professional engineer and/or land surveyor, as applicable, that the construction of any buildings or other improvements or any other changes were accomplished in compliance with this Part.
12.
Nonconforming Uses or Structures. Following the adoption of this Part, any use or structure which is situated within the boundaries of the Steep Slope Conservation District and which does not conform to the permitted uses specified in Subsection 5 of this Part shall become a nonconforming use or structure, regardless of its conformance to the district in which it is located without consideration of this Part. However, the Township Zoning Hearing Board shall follow the standards contained in Subsection 9 of this Part to the expansion or continuance of said nonconforming use or structure, to the extent permitted by law.