Franklin Park City Zoning Code
ARTICLE 1500
Natural Resources Protection Requirements
§ 212-1501 Purpose.
The standards in this article have been established to protect the public health, safety and welfare by minimizing adverse environmental impacts. These standards are intended to meet the following purposes:
A.
Define and delineate selected natural resources within the Borough and establish resource protection standards to mitigate potential public hazards associated with land use activity.
B.
Protect and conserve the natural resources, landscapes and habitats that are an integral component of the Borough's character in accordance with the following specific objectives of the 2006 Comprehensive Plan, as amended:
(1)
Preserve, protect, manage and enhance woodlands, wetlands, floodplains, steep slopes, stream corridors, and other sensitive environmental features.
(2)
Address flooding and stormwater issues throughout the Borough.
(3)
Encourage greenway development to serve environmental and recreational functions.
§ 212-1502 General provisions.
A.
The provisions of this article shall supplement the provisions of the underlying zoning district. In the event that the provisions of the underlying zoning district and the provisions of this article are in conflict, the more restrictive provisions shall apply.
B.
In the event that two or more natural resource areas identified in this article overlap, the resource with the most restrictive standard (the least amount of alteration, regrading, clearing or building) shall apply to the area of overlap.
C.
Submission, review and approval of the following permits and applications shall be contingent upon consistency with the requirements of this article:
(1)
Applications for zoning or building permits that require a stormwater management plan as required by Chapter 178, Stormwater Management;
(2)
Submission of plans for subdivision or land development;
(3)
Applications for uses by the conditional use process;
(4)
Requests for zoning changes;
(5)
Applications for any state or federal permit that requires a certification of consistency with Borough ordinances and planning requirements; or
(6)
Any applications or approvals that may be required by other ordinances or regulations of the Borough that may be deemed applicable.
D.
Where disturbance of a natural resource is permitted, it shall not take place until it has been determined that such disturbance is consistent with the provisions of this article and other applicable ordinance provisions.
E.
The applicant shall comply with the provisions of this article for those areas being disturbed and shall delineate all environmental features, including, but not limited to, floodplains, steep slopes, watercourses, riparian buffers, and wetlands. These findings shall be documented in a categorical exclusion report following the Pennsylvania Department of Transportation guidelines as well as identified on the land development plan.
F.
The Borough Engineer and/or other advisors selected by Borough Council shall evaluate all material submitted and provide a written determination within 30 days to the Borough.
G.
Any party aggrieved by any such determination or other decision or determination under this section may appeal to the Zoning Hearing Board under the provisions of Article 2700, Zoning Hearing Board, of this chapter. The party contesting the determination shall have the burden of proof in case of any such appeal.
§ 212-1503 Floodplain protection. [1]
A.
Resource protection standards. Areas identified as being within the boundaries of the one-hundred-year floodplain, as determined by the Federal Emergency Management Agency (FEMA), shall not be regraded, filled, built upon, or otherwise altered or disturbed except in conformance with Chapter 123, Floodplains, of the Code of the Borough, as amended.
§ 212-1504 Protection of steep slopes.
Applicants for subdivisions or land developments shall conform to the steep slope requirements of § 184-910B of Chapter 184, Subdivision and Land Development.
§ 212-1505 Riparian buffers.
A.
Authority. This section is established in accordance with the Pennsylvania Constitution, Article I, Section 27 (the Environmental Rights Amendment), and Sections 301(b), 603(b)(5), 603(d), 604(1), 605(2)(ii), and 605(2)(vii) of the Municipalities Planning Code, 53 P.S. § 10101 et seq.[1]
[1]
Editor's Note: See, specifically, 53 P.S. §§ 10301(b), 10603(b)(5) and (d), 10604(1), and 10605(2)(ii) and (vii).
B.
Scope. The riparian buffer standards apply to all watercourses as herein defined and the land adjacent thereto.
C.
Establishment of buffer.
(1)
A minimum riparian buffer width of 50 feet landward in each direction from the top of stream banks is required for all watercourses having both a defined bank and a contributing watershed area of greater than 100 acres.
(2)
A minimum riparian buffer width of 15 feet landward in each direction from the center line of the watercourse is required for smaller watercourses having a contributing watershed area of less than 100 acres and greater than 10 acres.
(3)
Where steep slopes are located within 25 feet of a watercourse, the riparian buffer shall extend the entire distance of this sloped area or 75 feet, whichever is less.
D.
Uses permitted in the riparian buffer.
(1)
The following uses are permitted by right in the riparian buffer in compliance with the requirements of this article:
(a)
Open space uses that are primarily passive in character, including wildlife sanctuaries, nature preserves, forest preserves, fishing areas, passive areas of public and private parklands, recreational trails, and reforestation.
(b)
Natural stream bank stabilization.
(c)
Customary agricultural practices when permitted by the underlying zoning for the property, in accordance with a soil conservation plan approved by the Allegheny County Conservation District.
(d)
Forestry operations conducted in accordance with the Borough timber harvesting and logging provisions of this chapter.
(e)
Activities regulated by the Commonwealth of Pennsylvania (such as permitted stream or wetland crossings or other encroachments).
(f)
Front, side, and/or rear yards on private lots, provided that all yard areas within the riparian buffer shall comply with the use and other restrictions herein.
(g)
Passive recreation areas such as temporary campsites and picnic areas.
(2)
Uses specifically prohibited in the riparian buffer. All uses not permitted shall be prohibited. In addition, the following activities and facilities are expressly prohibited in the riparian buffer:
(a)
Clearing of existing vegetation, except where such clearing is necessary to prepare land for a use permitted under Subsection D(1) above. Efforts shall be made to minimize the extent of such clearing and to mitigate the loss of vegetation elsewhere in the riparian buffer.
(b)
Storage of any hazardous or noxious materials.
(c)
Use of fertilizers, pesticides, herbicides and/or other chemicals in excess of prescribed industry standards or the recommendations of the Allegheny County Conservation District.
(d)
Parking lots.
(e)
Subsurface sewage disposal areas.
(f)
Residential accessory structures.
(g)
Oil and gas developments and oil and gas development facilities.
[Added 9-18-2019 by Ord. No. 648-2018]
E.
Nonconforming uses and structures. Preexisting structures and uses of land within the riparian buffer that do not comply with the use restrictions shall be regulated under the provisions of Article 2400, Nonconforming Uses and Structures. The following additional regulations also shall apply:
(1)
Existing nonconforming structures or uses that are not permitted under Subsection D above may be continued but shall not have the existing building footprint or uses expanded or enlarged for any reason.
(2)
Discontinued nonconforming uses may be resumed any time within one year from such discontinuance but not thereafter when showing clear indications of abandonment. No change or resumption of use shall be permitted that is more detrimental to the riparian buffer overlay than the existing or former nonconforming use. Such determination shall be made by referring to the purposes of this article and the objectives of the Comprehensive Plan.
F.
Boundary interpretation and appeals procedure.
(1)
The applicant shall submit evidence to the Borough that shows the applicant's proposed riparian buffer or the defined edge of a watercourse and provide justification for the proposed boundary change.
(2)
The Borough Engineer and/or other advisors selected by Borough Council shall evaluate all material submitted and provide a written determination within 30 days to the Borough Council, Borough Planning Commission, and landowner or applicant.
(3)
Any party aggrieved by any such determination or other decision or determination under this section may appeal to the Zoning Hearing Board under the provisions of Article 2700, Zoning Hearing Board, of this chapter. The party contesting the location of the district boundary shall have the burden of proof in case of any such appeal.
§ 212-1506 Wetlands.
A.
Resource protection standards.
(1)
Any applicant proposing a use, activity or improvement which would entail the regrading or placement of fill in wetlands shall provide the Borough with proof that the Pennsylvania Department of Environmental Protection and the United States Army Corps of Engineers have been contacted to determine the applicability of state and federal wetland regulations.
(2)
Wetlands shall not be regraded, filled, piped, diverted, built upon, or otherwise altered or disturbed except where state and federal permits have been obtained.
(3)
For the purposes of this chapter, wetland protection standards shall apply to lakes and ponds.
B.
Delineation. The applicant who proposes to disturb more than 5,000 contiguous square feet of any site shall provide sufficient information to determine whether wetlands, lakes and ponds are present on the site or within 100 feet of the site. In addition, the Borough, at its discretion, may require that the following information be provided:
(1)
A full wetland report conducted by a qualified wetland biologist or other professional of demonstrated qualifications shall be submitted to the Borough.
(2)
Such a professional shall certify that the methods used correctly reflect currently accepted technical concepts, including identification and analysis of wetland vegetation, hydric soils and/or hydrologic indicators.
(3)
The wetland report shall include a determination of whether wetlands are present on site and a full delineation, area measurement (in square feet), and description of any wetlands determined to be present. The study shall be approved by the Borough Council on the recommendation of the Borough Engineer. Additionally, the wetlands shall be located in the field, flagged and surveyed.
(4)
Where applicable, evidence that the contacts required by § 212-1506A(1) have been made.
(5)
If no wetlands are found on the site or within 100 feet of the site, a note shall be added to the preliminary and final plans stating that: "This site has been examined by (name and address with a statement of submitted qualifications), and no wetlands as defined by the Federal Manual for Identifying and Delineating Jurisdictional Wetlands, January 9, 1989, were found to exist."
§ 212-1507 Design requirements for natural resources areas.
A.
Design guidelines for protecting natural resources areas.
(1)
Consistent with the intent and to maximize the amount of undisturbed open space, the Borough Council shall ensure that the disturbance of the natural resources areas is kept to the absolute minimum necessary, according to the following standards:
(a)
The natural resources areas may only be disturbed when the disturbance is necessary for the placement of the logical access and roadway network, stormwater detention facilities, utility lines, utility structures, and walking and bikeway networks.
(b)
Removal of dead or diseased trees is permitted within the natural resources area.
(c)
The following disturbances may occur on up to 50% of the natural resources areas. The remaining 50% of the natural resources areas shall remain in a purely natural state.
[1]
Removal of trees less than four inches in caliper at breast height.
[2]
Trimming of vegetation and underbrush.
[3]
Fragmentation of the natural resources areas and secondary natural resources areas shall be minimized so that these areas are not divided into numerous small parcels located within the various parts of the development site.
[4]
Open space areas shall be designed as part of larger continuous and integrated open space systems, including natural resources areas, passive recreation areas and trails and pedestrian networks.