Franklin Township City Zoning Code
PART 14
SS STEEP SLOPE OVERLAY DISTRICT
§ 27-1401 Purpose.
[Ord. 95-07, 12/14/1995, § 1300; as amended by Ord. 2001-05, 12/20/2001, § I; by Ord. 2002-03, 2/21/2002, § I; and by Ord. 2008-04, 11/19/2008, § 1]
The Steep Slope Overlay District has been designed to promote public health, safety and welfare of the Township residents through limiting environmental disturbance on land with natural steep slopes. The district is intended to protect and conserve hillsides from excessive development which could cause accelerated erosion and increased runoff, resulting in increased flood hazards downstream. The district attempts to protect natural vegetation so as to maintain a high quality of water in the various streams flowing through the Township.
§ 27-1402 Identification of District Boundaries.
[Ord. 95-07, 12/14/1995, § 1301; as amended by Ord. 2001-05, 12/20/2001, § I; by Ord. 2002-03, 2/21/2002, § I; and by Ord. 2008-04, 11/19/2008, § 1]
1.
The Steep Slope Overlay District includes lands bearing slopes of 15% or greater and an upslope margin. Slope shall be measured as the vertical distance (rise) divided by the horizontal distance (run). Slope shall be calculated by field survey and from data on the United States Geological Survey Topographic Maps for the West Grove and Newark West Quadrangle. An area that qualifies as steep slope shall be measured over a minimum of three consecutive contour lines (six feet) horizontally and 500 square feet in area. Man-made slopes, as determined by the Township Engineer, shall not qualify as part of the Steep Slope Overlay District.
2.
The Steep Slope Overlay District is further divided and defined as follows:
A.
Moderately Steep Slope District. This district includes all lands with slope measuring from 15% to less than 25%.
B.
Severely Steep Slope District. This district includes all lands with slope measuring 25% or greater.
§ 27-1403 Overlay District.
[Ord. 95-07, 12/14/1995, § 1302; as amended by Ord. 2001-05, 12/20/2001, § I; by Ord. 2002-03, 2/21/2002, § I; and by Ord. 2008-04, 11/19/2008, § 1]
The Steep Slope Overlay District, based on the delineations cited in § 27-1402, shall be deemed an overlay to the otherwise applicable zoning district as defined by the Franklin Township Zoning Map. Should the Steep Slope Overlay District be determined as inapplicable to any tract by reason of amendment by the Board of Supervisors or a court of competent jurisdiction, the underlying zoning provisions shall be deemed applicable and shall be enforced independent of this Part.
§ 27-1404 Interpretation of District Boundaries.
[Ord. 95-07, 12/14/1995, § 1303; as amended by Ord. 2001-05, 12/20/2001, § I; by Ord. 2002-03, 2/21/2002, § I; and by Ord. 2008-04, 11/19/2008, § 1]
1.
To assist in the interpretation of the Steep Slope Overlay District boundaries, any application where these standards apply shall delineate slopes from 15% to less than 25% and slopes 25% and greater using two-foot contour intervals. The two categories of steep slopes shall be identified on the land through shading or some other means. Within this district, slope shall be determined through a field survey by a registered surveyor or engineer licensed to practice in the Commonwealth of Pennsylvania and from data on aerial topographic maps. The use of USGS quadrangle maps shall not be recognized as an acceptable source of information for this determination.
2.
Initial interpretations shall be made by the Zoning Officer. Where interpretation is needed as to the exact location of such boundaries, as in the case of a conflict between mapped boundaries and actual field conditions, such interpretation shall be made by the Township Engineer with a written report submitted to the Board of Supervisors.
3.
Any party aggrieved by a determination by the Township Engineer may appeal their case before the Board of Supervisors.
§ 27-1405 Administration.
[Ord. 95-07, 12/14/1995, § 1308; as amended by Ord. 2001-05, 12/20/2001, § I; by Ord. 2002-03, 2/21/2002, § I; and by Ord. 2008-04, 11/19/2008, § 1]
1.
In addition to building and use permits which may be otherwise required, a zoning permit shall be required for any land disturbance to improved or unimproved real estate in the Steep Slope Overlay District. Application for a zoning permit shall be filled with the Zoning Officer. A permit will only be issued after it has been determined that the proposed use or structure will be in conformance with the provisions of this Part.
2.
A zoning permit shall be valid for one year from the date of issuance. In no event shall any fees paid to the Township for a zoning permit be refundable.
§ 27-1406 Compliance.
[Ord. 95-07, 12/14/1995, § 1306; as amended by Ord. 2001-05, 12/20/2001, § I; and by Ord. 2002-03, 2/21/2002, § I]
All structures and tracts of land shall hereafter be used in full compliance with the provisions of this chapter. Any land altering activity shall not commence without first obtaining a zoning permit as defined in § 27-2309.
§ 27-1407 Use Regulations.
[Ord. 95-07, 12/14/1995, § 1304; as amended by Ord. 2001-05, 12/20/2001, § I; by Ord. 2002-03, 2/21/2002, § I; and by Ord. 2008-04, 11/19/2008, § 1]
1.
Moderately Steep Slope District.
A.
Disturbance Limitation. No more than 25% of the Moderately Steep Slope District shall be regraded, cleared, built upon, or otherwise altered or disturbed. Such disturbance shall be limited to those uses, or accessory uses permitted below.
B.
Uses by Right.
(1)
Agricultural Uses, Including Tree Farming. Such uses shall be conducted in conformity with conservation and best management practices including minimum tillage methods accepted by the Natural Resources Conservation Service and the Chester County Conservation District.
(2)
Woodlands, hedgerows and specimen vegetation consistent with § 27-2503, Subsection 6, of this chapter.
[Amended by A.O.]
(3)
Arboretum, woodland preserve, or conservation and recreation uses including open space associated with cluster development, governed by § 27-1611.
(4)
Single-family dwelling.
(5)
Roads necessary to provide required access to the site if the criteria listed below are met. The burden of proof to demonstrate that these criteria have been met rests with the applicant:
(a)
No feasible alternative route exists.
(b)
The road creates the minimum necessary disturbance to the affected slope.
(c)
The road is designed to maintain maximum slope stability and minimize risk of landslide.
C.
Permitted Accessory Uses.
(1)
Accessory agricultural uses and structures.
(2)
Accessory residential uses and structures.
(3)
Parking areas to serve recreational areas using permeable paving.
(4)
Stormwater management facilities.
2.
Severely Steep Slope District.
A.
Disturbance Limitation. No more than 15% of the Severely Steep Slope District shall be regraded, cleared, built upon, or otherwise altered or disturbed. Such disturbance shall be limited to those uses or accessory uses permitted below.
B.
Uses by Right.
(1)
Arboretum, woodland preserve, or recreational use.
(2)
Open space associated with cluster development.
(3)
Yard areas.
C.
Uses by Special Exception.
(1)
Agricultural Uses, Including Tree Farming. Such uses shall be conducted in conformity with conservation and best management practices, including minimum tillage methods, accepted by the Natural Resources Service and the Chester County Conservation District.
(2)
Conservation and recreation uses requiring structures.
(3)
Single-family dwelling.
(4)
Enlargement or alteration to an existing dwelling.
(5)
Sewer, water, and other utility lines when it can be demonstrated that no other routing for utility lines is feasible.
(6)
Accessory agricultural uses and structures.
(7)
Accessory residential uses and structures.
(8)
Parking areas to serve recreational areas using permeable paving.
(9)
Stormwater management facilities.
§ 27-1408 General Standards.
[Ord. 95-07, 12/14/1995; as added by Ord. 2008-04, 11/19/2008, § 1]
1.
Development within the Steep Slope Overlay District shall meet the following criteria and standards:
A.
Proposed land disturbance or the construction of buildings or structures shall be conducted in such a manner as to provide the least alteration necessary of the existing grade, vegetation, and natural soils condition and in a manner that will not cause excessive surface water runoff, erosion, and unstable soil conditions.
B.
Excessive cut and fill shall be avoided. New roads and improvements to existing roads should be designed within the existing contours of the land to the extent possible and strive for compatibility with the character of existing rural roads.
C.
Removal of or disturbance to existing vegetation in steep slope areas shall be minimized.
D.
Important visual qualities of the site shall be retained to the maximum extent possible. In addition to vegetation, these may include hilltops/ridgelines, rock outcroppings, and the natural terrain and contours of the site.
E.
Road and driveway construction shall follow the natural topography to the maximum extent possible.
F.
Driveway gradients shall not exceed 10% slope.
G.
Innovative building techniques that are well suited to steep slope conditions shall be encouraged, consistent with other applicable codes and regulations.
H.
The stability of the slope, as characterized by the existing interrelationships among the soil, vegetation, and rock, shall be disturbed as little as possible.
I.
Finished slopes of all permitted cut and fill shall not exceed 3 to 1 or 33%, unless the applicant can demonstrate the method by which steeper slopes can be stabilized and maintained adequately.
J.
The maximum building coverage of that portion of a lot within the Steep Slope Overlay District shall not exceed 5%, except that where innovative building techniques consistent with Subsection 1G, above, are employed, maximum building coverage shall not exceed 10%.
K.
The maximum impervious coverage of that portion of a lot within the Steep Slope Overlay District shall not exceed 10%, except that where innovative building techniques consistent with Subsection 1G, above, are employed, maximum impervious coverage shall not exceed 15%.
§ 27-1409 Standards for Application for Special Exception.
[Ord. 95-07, 12/14/1995; as added by Ord. 2008-04, 11/19/2008, § 1]
1.
In addition to the provisions established in Part 21 for special exception or variance, the following criteria shall be considered by the Zoning Hearing Board for applications which involve the Steep Slope Overlay District:
A.
The applicant shall not exceed the disturbance limitations of § 27-1407.
B.
The applicant shall meet the general standards of § 27-1408.
C.
The adequacy of access to the site for emergency vehicles shall be subject to review by the Fire Marshal or his designee. The necessary information shall be submitted by the applicant to the Fire Marshal or his designee for his review.
§ 27-1410 Plan Requirements.
[Ord. 95-07, 12/14/1995; as added by Ord. 2008-04, 11/19/2008, § 1; and as amended by Ord. 2013-04, 12/18/2013, § 9]
1.
The applicant shall submit the following information to assist the Township in its evaluation of compliance with the provisions of this chapter:
A.
A site plan of the property indicating existing grades with contour lines at two-foot intervals, including proposed final grades.
B.
Plan, profile, and typical cross-sections of any proposed street, emergency access, or driveway within areas of steep slopes shall be provided, sealed by a registered professional engineer.
C.
The plan shall delineate all other natural resources on the site as required in Part 25.
D.
Architectural plans, where applicable, including materials and type of foundation to be used to overcome structural problems associated with the slope conditions. The plan shall also include information indicating how sewage disposal and water supply will be accommodated.
E.
An engineer's certification that any structure in a steep slope area is properly designed to resist the forces that may be exerted on a foundation at the higher portion of the slope, i.e., the portion of the foundation at a higher elevation may be subject to different horizontally imposed forces than the portion located at a lower elevation.
F.
An erosion and sediment pollution control plan shall be submitted in accordance with the provisions of Chapter 19, Stormwater Management.
§ 27-1411 Prohibited Uses.
[Ord. 95-07, 12/14/1995, § 1305; as amended by Ord. 2001-05, 12/20/2001, § I; by Ord. 2002-03, 2/21/2002, § I; and by Ord. 2008-04, 11/19/2008, § 1]
1.
The following uses shall be prohibited in the Steep Slope Overlay District:
A.
Cut-and-fill operations other than specifically associated with a permitted use or special exception.
B.
Soil, rock or mineral extraction.
C.
Structures other than those specified as a permitted use or special exception.
D.
Sanitary sewers using on-site subsurface disposal fields on slopes of 25% or greater, including septic tanks, seepage beds, or drainfields.
E.
Streets, parking lots and other impervious surfaces on slopes of 25% or greater, excluding private driveways associated with an approved single-family residence.
F.
Clear-cutting or grubbing of trees shall be prohibited on slopes of 25% or greater.
§ 27-1412 Existing Structures and Uses.
[Ord. 95-07, 12/14/1995, § 1307; as amended by Ord. 2001-05, 12/20/2001, § I; by Ord. 2002-03, 2/21/2002, § I; and by Ord. 2008-04, 11/19/2008, § 1]
1.
Existing structures within the Steep Slope Overlay District which do not conform to the provisions of this Part shall comply with the following regulations:
A.
Any modification, alteration, enlargement or improvement of any kind to an existing structure in the Steep Slope Overlay District shall be reviewed by the Township Engineer to ensure its environmental and structural soundness.
§ 27-1413 Modification of District Boundaries.
[Ord. 95-07, 12/14/1995, § 1309; as amended by Ord. 2001-05, 12/20/2001, § I; by Ord. 2002-03, 2/21/2002, § I; and by Ord. 2008-04, 11/19/2008, § 1]
1.
The delineation of the Steep Slope Overlay District boundaries may be modified by the Board of Supervisors should doubt arise as to the proper location. Modifications shall be based upon the actual extent of the slope as shown in a sealed engineer's drawing and upon recommendation of the Township Engineer.
2.
In the event an alleged discrepancy in district boundaries is upheld by the Zoning Hearing Board, the tract(s) in question, if determined not to be within the steep slope area, shall not be bound by the regulations in this Part but to the regulations of the underlying zoning.
