Promote and implement Sections 603(b)(1), 603(b)(5), 603(c)(7), 603(g)(2), and 604(1) of Act 247 the Pennsylvania Municipalities Planning Code (MPC), as amended, providing for the protection and preservation of environmentally sensitive areas and natural resources through zoning ordinances.

Delineate selected natural resources within the Borough and establish resource protection standards to assist the Borough in reducing the impact proposed uses will have on the environment.

To reduce erosion and sedimentation of surface water bodies through the protection of natural resources, including but not limited to floodplains, wetlands, steep slopes, riparian buffers, and woodlands.

For the purposes of this chapter, §§ 290-1004 through 290-1006 within this article shall be overlays to the underlying districts shown on the Elverson Borough Zoning Map. In those areas of the Borough where a section of this article applies, the provisions of the section shall be imposed in addition to the requirements of the underlying zoning district(s). In the event that a conflict exists between a section of this article and the underlying district(s), the more restrictive provision shall apply.

In the event that two or more natural resources identified in this article overlap, the resources with the most restrictive standard (the least amount of permitted alteration, regrading, clearing or building, etc.) shall apply to the area of overlap.

It shall be a violation of this section to regrade, fill, pipe, divert, channel, build upon, or otherwise alter or disturb a natural resource identified and protected by this article prior to the submission, review and approval of applications for zoning or building permits, conditional use or special exception approvals, variances, or submission of plans for subdivision or land development.

Should the boundaries or delineations of any section of this article be revised as a result of legislative or administrative actions or judicial decision, the zoning requirements of the underlying zoning district and other applicable section of this article shall continue to apply.

Plan information required by § 290-1003 shall be verified as correct by a qualified professional as determined by the Borough.

Liability. This article shall not create liability on the part of the Borough or any officer or employee thereof for any damages that result from negligence of this article or any administrative decision lawfully made thereunder.

All new development shall comply with Chapter 225, Stormwater Management, of the Code of the Borough of Elverson.

A site plan which clearly delineates the limits of all natural resources on the site as outlined in this article, including areas of floodplain, steep slopes, wetlands, hydric soils, and woodlands, and the proposed use of the site, including any existing or proposed structures. This site plan shall include the site's watershed and the water quality designation of the watershed in which the property in question is located.

The limits of all encroachments and disturbances necessary to establish the proposed use on the site, including a grading plan showing existing and proposed contours at two-foot intervals.

The identification of the minimum buildable area(s). The purpose is to ensure that sufficient area is provided for the general location of buildings, driveways and other improvement while meeting the requirements of the natural resource protection standards.

Calculations indicating the area of the site with natural resources and the area of natural resources that would be disturbed or encroached upon. The calculations shall be shown on the site plan as indicated in Figure 10-1. The figures in Column D (Proposed Disturbance) shall be less than or equal to the corresponding figures in Column C (Maximum Amount of Permitted Disturbance) for each protected resource.

Purpose. The purpose of this section is to promote the health, safety and general welfare and to minimize negative environmental impacts by:

Identification and delineation of steep slopes.

Application procedures. Before a permit is issued for any construction or earth disturbance activity on land within or affecting steep slope areas, a site plan prepared by a registered engineer containing the following material, in full or in pertinent parts, shall be submitted for review by the Borough Engineer:

Standards for development or disturbance in steep slope areas. The following standards are applicable to all uses located wholly or partly within any steep slope areas in accordance with § 290-1004B:

Municipal liability. Any determination that a proposed use complies with this section, or any approval of a subdivision or land development plan, or any issuance of a zoning, building or use permit within or near steep slope areas shall not constitute a representation, guarantee or warranty of any kind by the Borough or by any official or employee thereof, of the practicability or safety of the proposed use and shall create no liability upon the Borough, its officials or employees. This section does not imply that areas outside defined steep slope areas or land uses permitted within steep slope areas will always be totally free from the adverse effects of erosion or other effects of nearby steep slopes.

Purpose. The purpose of this section is to promote conservation of woodland resources throughout the Borough of Elverson through resource identification, management planning, and development limitations where appropriate.

Woodland management planning. Any applicant required to submit an open space management plan in accordance with § 290-1226, Site Responsive Residential Community Option, and/or a landscape plan in partial fulfillment of the requirements of this chapter and/or § 240-609 of Chapter 240, Subdivision and Land Development, shall include, as part of such plan, provision for the long-term management of any woodland areas as defined by this chapter, whether or not part of any required open space area on the same lot or tract. Where applicable, applicants are strongly encouraged to seek woodland management assistance through the Pennsylvania Forest Stewardship Program administered by the Pennsylvania Bureau of Forestry.

Provision for building permit application. Any applicant for building permit (i.e., for building activity not otherwise constituting a land development) shall comply with the provisions of § 240-624 of Chapter 240, Subdivision and Land Development. On any lot of record at the time of enactment of this section, the Zoning Officer may issue a permit for building activity in accordance with applicable zoning district regulations where such building activity requires woodland disturbance in excess of that permitted under § 240-624A(3) of Chapter 240, Subdivision and Land Development, subject to determination by the Zoning Officer that such disturbance is limited to the minimum practicable extent necessary to accommodate the proposed building activity.

Purpose. To preserve and protect wetland areas as "natural filters" which aid in improving surface water and groundwater quality, groundwater recharge areas, natural floodwater retention areas, and as unique habitats for species associated with wetland areas.

Applicability. Wetlands shall not be regraded, filled, piped, diverted, channeled, built upon, or otherwise altered or disturbed except where state or federal permits have been obtained and permits have been approved by the Borough as applicable.

Identification.

Delineation of wetlands/administrative process.