Londonderry Township Chester County
City Zoning Code
City Zoning Code
ARTICLE XV
SSC Steep Slope Conservation District
§ 170-83 Intended purpose.
In the interest of public health, safety, and welfare, and in connection with the purposes and objectives of this chapter, the purpose of this district is intended:
A.
To conserve and protect those areas having steep slopes, as so defined in this chapter, from excessive and inappropriate development by establishing SSC Districts in the Township.
B.
To maintain the ecological integrity and habitat of an SSC District (i.e., indigenous vegetation and wildlife), which would be adversely affected by indiscriminate development.
C.
To prevent development that would cause excessive erosion and consequently promote increased flood crests and flood hazards both upstream and downstream.
D.
To protect the quality of stream water in the Township which would be threatened by inappropriate grading and development in SSC Districts.
E.
To safeguard life and property from the dangers of excessive grading, erosion, and development in areas of steep slopes.
F.
To implement Article I, Section 27, of the Constitution of the Commonwealth of Pennsylvania, which declares the right of commonwealth citizens to clean air, pure water, and to the preservation of the natural, scenic, historic, and aesthetic values of the environment.
§ 170-84 District boundaries defined.
[Amended 10-27-2008 by Ord. No. 08-2008]
The SSC District is comprised of areas of moderately steep slope (15% to 25%) and very steep slope (greater than 25%), as defined by this chapter.
§ 170-85 Boundary interpretation and appeals procedure.
An initial interpretation of whether a particular parcel is or parcels are affected by an SCC District shall be made by the Zoning Officer.
A.
Any party or parties dissatisfied with the decision of the Zoning Officer, due either to the location of the SSC District or the methodology used in locating it, may appeal said decision to the Zoning Hearing Board through the guidelines established for such an appeal in Article XXII of this chapter.
B.
The burden of proof for the incorrectness of the Zoning Officer's decision shall be on the appellant.
§ 170-86 Permitted uses.
[Amended 10-27-2008 by Ord. No. 06-2008; 10-27-2008 by Ord. No. 08-2008]
The following uses shall be permitted in the SSC District so long as the application for such use is in compliance with the regulations and provisions of this chapter, the Londonderry Township Stormwater Management Ordinance, and the Londonderry Township Erosion and Sedimentation Control Ordinance, and/or so long as the use itself does not violate any other regulation or provision of relevant codes and ordinances of Londonderry Township:
A.
Wildlife sanctuary, woodland preserve, arboretum, and passive recreation areas, including parks but excluding any enclosed structures.
B.
Game farms or hunting preserves for the protection and propagation of wildlife, but excluding enclosed structures.
C.
Agricultural uses such as forestry, reforestation, grazing, cultivation and harvesting or crops and other agricultural produce, nurseries, orchards, and so forth. Any forestry activity shall be in accordance with the terms of § 170-130.5 of this chapter.
[Amended 1-3-2011 by Ord. No. 01-2011]
D.
Nonstructural accessory uses (excepting swimming pools), necessary for the operation and maintenance of the above permitted uses.
E.
Similar uses to the above which are in compliance with the intent of this article, as defined in § 170-83.[1]
[1]
Editor's Note: Former Subsection F, which immediately followed this subsection and listed single-family detached dwellings as permitted uses, was repealed 10-27-2008 by Ord. No. 08-2008. See now § 170-87.
§ 170-87 Uses permitted as conditional uses.
[Amended 10-27-2008 by Ord. No. 08-2008]
The following uses shall be permitted when approved as conditional uses by the Board of Supervisors, in accordance with the standards of this article and § 170-157:
A.
Grading for the minimum portion of a driveway necessary to access a single-family dwelling, when it can be demonstrated by a registered engineer on behalf of the applicant that no other routing which avoids slopes of 15% or greater is feasible.
B.
Any road necessary to provide primary or emergency access to a use permitted by this chapter, when no practical alternative exists in an area with slope less than 15%. A statement shall be provided by a registered engineer, on behalf of the applicant, that no practical access alternative exists. Any such road shall be constructed according to the standards of Chapter 130, Subdivision and Land Development.
C.
Single-family detached dwelling, provided that:
(1)
No such dwelling shall occupy or disturb any area of very steep slope.
(2)
The minimum gross lot area and minimum net lot area for the construction of said dwellings on lots containing areas of moderately steep slope shall be the minimum gross lot area and minimum net lot area of the underlying zoning district.
§ 170-88 Application procedure.
[Amended 10-27-2008 by Ord. No. 08-2008]
For any proposed use within the SSC District permitted under the terms of § 170-86 or 170-87, the following information shall be submitted to the Zoning Officer.
A.
For any use requiring earthmoving activity in the SSC District, the applicant shall submit a land plan and appropriate calculations done by a registered engineer or land surveyor illustrating that no more than 10% of the land area located within the SSC District will be disturbed.
B.
All applications shall be accompanied by:
(1)
A plan certified by a registered engineer which accurately locates the proposed use with respect to the SSC District, including the relationship of the proposed use to areas of moderately steep slope and/or very steep slope, as well as any existing development within 200 feet of the boundaries of the proposed development; and
(2)
Unless otherwise required by this chapter or other applicable regulation, pertinent information, such as the nature of the proposal, a legal description of the property, topographical elevations at two-foot intervals, a sediment and erosion control plan, and a stormwater management plan.
C.
Where the proposed activity affecting the SSC District is part of a subdivision or land development application, the terms of § 130-84 of the Londonderry Township Subdivision and Land Development Ordinance shall be met.
D.
For any use permitted by conditional use under the terms of § 170-87, the following information is required in addition to that required in § 170-88B, above:
(1)
Pertinent structure, grading, or fill elevations.
(2)
Size, location, and spatial arrangements of all proposed and existing structures on the site.
(3)
Location and elevations of streets, water supply systems, sanitary facilities, soil types, existing vegetation, and drainage facilities.
(4)
Specifications for building construction and materials, including filling, grading, storage materials, water supply, and sanitary facilities.
E.
Additional criteria for review of conditional use applications. In evaluating any application for conditional use approval, the Board of Supervisors shall evaluate the consistency of the proposal with the following criteria:
(1)
In addition to the limitations on disturbance to areas of moderately steep slope and very steep slope, disturbance to other particularly sensitive features of the site shall be avoided. Special emphasis in planning for the site should be given to the protection of:
(a)
Hydric soils.
(b)
Underlying geology which comprises, or contributes to, a major groundwater resource, including the flow of existing springs.
(2)
The proposed development, any impervious ground cover, and the resultant disturbance to the land and existing vegetative cover will not cause runoff and/or related environmental problems off the site.
(3)
Removal of, or disturbance to, existing vegetation on the site shall be minimized. The proposed impacts on existing vegetation shall be evaluated in terms of the potentially detrimental effects on slope stability, erosion potential, transpiration and recharge of stormwater, aesthetic and traditional characteristics of the landscape, and existing drainage patterns. Mitigation measures may be required by the Board as it deems appropriate.
(4)
Important visual qualities of the site shall, to the maximum extent feasible, be retained; in addition to vegetation, these may include hilltops or ridgelines, rock outcroppings, and the natural terrain and contours of the site.
(5)
Road construction shall follow the natural topography, with cuts and grading minimized.
(6)
Innovative, imaginative building techniques that are well-suited to slope conditions shall be encouraged, consistent with other applicable codes and regulations.
(7)
The equilibrium of the slope, as characterized by the existing interrelationships among the soil, water, and vegetation, shall be disturbed as little as possible.
(8)
The Board of Supervisors may stipulate any additional engineering and conservation techniques which it deems necessary to alleviate environmental problems created by the proposed development activities.
F.
No approval or building permit shall be authorized by the Zoning Officer, and no conditional use approval shall be granted by the Board of Supervisors, without the Township Engineer’s review of this material and his recommendation thereon.
§ 170-89 Warning and disclaimer of liability.
The granting of a zoning permit or approval of a subdivision or land development plan on or near the SSC District shall not constitute a representation, guarantee, or warranty of any kind by the Township, or by an official or employee thereof of the practicability of safety of the proposed use, and shall create no liability upon the Township its official or employees. The degree of erosion and sediment control protection intended to be provided by this chapter is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. This chapter does not imply that areas outside the SSC District boundaries or land uses permitted within said district will always be totally free from the adverse effects of erosion.
