East Bradford Township
City Zoning Code
City Zoning Code
ARTICLE XXII
Brandywine Scenic River BSR District
§ 115-137 Statement of intent.
In furtherance of the community development objectives of this Zoning Ordinance, particularly relative to orderly growth and the enhancement of environmental resources, it is the specific intent of East Bradford Township through enactment of the Brandywine Scenic River District to conserve the unique and sensitive natural features, historic resources and visual attributes of the Lower Brandywine Scenic River Corridor, as detailed in the Lower Brandywine Scenic Rivers Evaluation and Management Study (November 1987) and formalized through passage of Pennsylvania Act No. 1989-7.[1]
[1]
Editor's Note: See 32 P.S. § 820.121 et seq., the Lower Brandywine Scenic Rivers Act.
§ 115-138 Delineation of district.
A.
The area to which the terms of the Brandywine Scenic River District apply is that portion of East Bradford Township which is contained within the Boundary of Study as shown on the map series appended to the Lower Brandywine Scenic Rivers Evaluation and Management Study (November 1987), and as further described and delineated in this article and on the Scenic River Boundary Map dated October 23, 2009,[1] which serves as an overlay on the East Bradford Township Zoning Map.[2]
[Amended 8-10-2010 by Ord. No. 2-2010]
[1]
Editor's Note: The Scenic River Boundary Map is included at the end of this chapter.
[2]
Editor's Note: The Zoning Map is on file in the Township offices.
B.
The boundary delineated on the BSR District Map is intended to represent the ridge line which encloses the primary drainage bowl of the streams comprising the scenic river corridor, i.e., the east and west branches of the Brandywine River and Valley Creek, also known as "West Valley Creek." The applicant also shall indicate the location of pertinent ridge lines based upon actual topographic information submitted in accordance with § 95-13G of the East Bradford Township Subdivision and Land Development Ordinance.
C.
Boundary interpretation and appeals procedure.
(1)
Where the exact location of the boundary of the BSR District in relation to a given parcel is in question, an applicant may, as he deems pertinent, submit documentation to the Township. The Zoning Officer shall evaluate all such material and shall make a written report to the applicant on the results of his determination, a copy of which shall be provided to the Board of Supervisors.
(2)
Any party aggrieved by any such determination of the Zoning Officer may appeal to the Zoning Hearing Board. The party contesting the location of the district boundary shall have the burden of proof in the case of any such appeal.
§ 115-139 Overlay concept; applicability.
A.
The Brandywine Scenic River District (BSR District) shall be deemed an overlay on any base zoning district(s) now or hereafter enacted to regulate the use of land in East Bradford Township, where such base zoning district or any portion thereof lies within the boundary of the BSR District.
B.
To the extent that they are in conflict, the requirements of the BSR District shall supersede the requirements of the underlying zoning district(s). No area within the BSR District shall hereafter be used without full compliance with the terms of this article and other applicable regulations.
C.
It is not the intent of this article to repeal, abrogate or impair any existing easements, covenants or deed restrictions. Where this article imposes greater restrictions, however, the provisions of this article shall prevail.
§ 115-140 Uses permitted and prohibited.
A.
The BSR District shall not affect the uses permitted in the underlying base zoning district, except as noted in Subsection B below. However, the conduct of any permitted use shall be in conformance with the standards of this article regarding design and performance; such standards shall supersede the otherwise applicable requirements of this chapter, where those standards are in conflict.
B.
The following uses shall be prohibited within the Brandywine Scenic River District:
(1)
Facilities for the collection, transfer or disposal of solid waste or the disposal (including application to the land) of sewage sludge.
(2)
Airport or heliport.
(3)
Storage or processing of spent mushroom compost.
(4)
Commercial composting operation.
(5)
Communication towers and similar structures.
§ 115-141 Applicability of standards; plan submission and review procedures.
Within the Brandywine Scenic River District, those developments and uses to which the terms of this article apply shall be designed and sited to achieve maximum compatibility with existing site characteristics and to maximize conservation of sensitive natural features, historic resources and visual attributes. The standards and requirements of this article shall apply, as indicated herein, on the basis of the type of subdivision or development proposed.
A.
Development of a single lot. Where a single-family detached dwelling unit is proposed within the BSR District on a single lot created through a subdivision approved prior to enactment of this article, and such lot cannot be further subdivided under the terms of the base zoning district, the development and design of such a lot shall be permitted in accordance with the terms of the underlying base zoning district and shall not be required to comply with the terms of this article.
B.
Agricultural uses. Agricultural uses, including principal and accessory structures, shall be permitted in accordance with the terms of the underlying base zoning district and other applicable provisions of this chapter. In addition, such uses shall be required to comply with the terms of § 115-143A of this article.
C.
Nonresidential use. Where a tract is proposed for nonresidential use in accordance with the underlying zoning, development of such a tract shall be permitted in accordance with the terms of the underlying base zoning district and the requirements of this article, including the design standards contained in § 115-142, as applicable.
D.
Conventional development option. Where a tract within the underlying R-1, R-2 or R-3 District is proposed for subdivision into two or more lots under the conventional development option, the development and design of such a subdivision shall be permitted in accordance with the terms of the underlying district and the design standards contained in § 115-142 below.
E.
Open space development option.
(1)
Where a tract within the underlying R-1, R-2 or R-3 District is proposed for subdivision under the open space development option, and where approved by the Board of Supervisors as a conditional use, the development and design of such a subdivision shall be permitted in accordance with the terms of the underlying district, the provisions of § 115-49 and the design standards contained in § 115-142 below.
(2)
Two-family and multifamily dwellings shall not be permitted under the open space development option within the BSR District, except in conformance with all provisions applicable to the BSR bonus option, whether or not bonus density is provided.[1]
[1]
Editor's Note: Former Subsection F, BSR bonus option, which immediately followed this subsection, was repealed 11-25-1998 by Ord. No. 3A-1998. (Ordinance No. 3A-1998 readopted the text of Ord. No. 3-1998 because of concern that Ord. No. 3-1998 was not properly advertised before it was adopted on 10-13-1998.)
§ 115-142 General siting and design standards.
Except as otherwise noted herein, the following design standards are applicable within the BSR District to any new principal use and to the expansion, alteration, modification or reconstruction of any existing use or structure for which a building permit is required:
A.
Siting in relation to BSR District boundaries. Land disturbance and development governed by this article shall be located on the basis of the following criteria, listed in order of Township preference:
(1)
Where a portion of the tract lies outside the BSR District boundary, and that portion of the tract is of sufficient size and is otherwise suitable for such use, the proposed land disturbance and development shall be located outside of the BSR District and in accordance with all other applicable regulations.
(2)
Where compliance with the siting criterion in Subsection A(1) above is not feasible, the proposed land disturbance and development shall be located within the BSR District, but outside areas classified as "visually significant landscapes" on the Brandywine Scenic River District Zoning Overlay Map.
(3)
Where the applicant demonstrates to the satisfaction of the Board of Supervisors that development is unavoidable within areas classified as "visually significant landscapes" on the Brandywine Scenic River District Zoning Overlay Map (due to insufficient or unsuitable alternative portions of the tract), the proposed land disturbance and development may be located in such areas, subject to compliance with the design standards herein.
B.
Siting in relation to existing topography.
(1)
Permitted structures shall be sited entirely below the elevation of the nearest ridge line, to the greatest extent feasible.
(2)
Mitigative design techniques.
(a)
Where the applicant contends that the siting of structures entirely below ridge lines is not feasible, the applicant shall include within submitted subdivision plans one or more of the following mitigative design techniques:
[1]
Siting of buildings and rooflines parallel to topography.
[2]
Siting of buildings so as to minimize prominence from the perspective of public views (for example, face short side/end toward prominent view).
[3]
Submission of individual lot landscaping plans demonstrating effective screening of views from public roads.
[4]
Introduction of landscape screening comprised primarily of native plant material designed to be compatible with the existing landscape.
(b)
Such siting and/or landscaping shall comply in all other relevant respects with the provisions of this article.
C.
Standards for retention or installation of vegetation.
(1)
A landscaping plan shall be required which details existing vegetation and its maintenance and all supplemental landscaping, including introduction of required screening and/or shade trees.
(2)
Disturbance of existing woodland areas shall be minimized. Where feasible, clearing of woodland to provide for construction access shall be minimized by locating access clearings so as to coincide with ultimate driveway locations. Otherwise, access clearings should be located such that each clearing serves two or more adjacent lots. Restrictions regarding tree and other vegetation removal shall not extend to deadwood or diseased vegetation.
(3)
Except as provided herein, clearing of trees for any purpose shall not result in the removal of more than 20% of any existing tree mass, tree line, hedgerow or individual freestanding tree over six inches diameter measured 4.5 feet above mean ground level, as inventoried in accordance with § 95-13G. For the purposes of this section, the extent of area occupied by such trees shall be measured from the outermost dripline of any tree or of all the trees in a tree mass, tree line or hedgerow.
(4)
Where the applicant demonstrates to the satisfaction of the Board that additional woodland removal is necessary to permit development in accordance with this article, replacement trees shall be provided. Replacement trees shall include at least one tree of two-and-five-tenths-inch caliper or greater for each 1,000 square feet of woodland removed beyond 20%. The applicant's required landscape plan shall indicate all areas of woodland removal, as well as the species and locations of replacement trees.
(5)
For purposes of promoting disease resistance, minimum maintenance, diverse natural plant associations and long-term stability of plantings, plant materials in landscaping shall be comprised of native trees and shrubs unless the applicant can demonstrate to the satisfaction of the Board the acceptability of an alternative. Species selected should reflect existing site conditions and their suitability for the plant materials, based upon the geology, hydrology, soils and microclimate of the site.
(6)
Within 50 feet of the water surface of the Brandywine River and Valley Creek, as measured from the top of the bank, no land disturbance, grading or clearing of vegetation shall be permitted, except that:
(a)
Agricultural activities may be conducted in accordance with § 115-143A(2).
(b)
Vegetation may be cleared as a reforestation measure or as a means to eliminate dead, diseased or hazardous tree stands or noxious vegetation.
(7)
Wildlife habitat noted in the East Bradford Township Open Space, Recreation and Environmental Resources Plan shall be preserved to the greatest extent feasible. Where feasible, more than one habitat area on a single tract shall be preserved, particularly where differing habitat types have been inventoried, in order to promote maintenance of habitat diversity.
§ 115-143 Supplemental performance standards. [1]
A.
Agricultural activities.
(1)
All agricultural activities, including horticultural and forestry activities, shall be conducted in full compliance with the requirements of Chapter 102, Erosion Control, Title 25, Rules and Regulations, of the Pennsylvania Department of Environmental Protection.
(2)
There shall be no limitation on animal grazing, including in the area within 50 feet of the water surface of a stream as otherwise regulated by § 115-142C(7), provided that such activity does not threaten bank stability.
(3)
No plowing or grading shall be permitted within 15 feet of the edge of any road cartway. Such area shall be maintained in an all-season ground cover.
[1]
Editor's Note: Former § 115-143, Special provisions for development under the BSR Bonus Option, was repealed 11-25-1998 by Ord. No. 3A-1998. (Ordinance No. 3A-1998 readopted the text of Ord. No. 3-1998 because of concern that Ord. No. 3-1998 was not properly advertised before it was adopted on 10-13-1998.) Said ordinance also provided for the renumbering of former § 115-144 to § 115-143.