Marlborough Township
City Zoning Code
City Zoning Code
ARTICLE XXI
SSC Steep Slope Conservation District
§ 275-147 Legislative intent.
In expansion of the declaration of legislative intent found in Article I, § 275-2 of this chapter, and the statement of community development objectives found in Article I, § 275-3 of this chapter, it is the intent of this article to:
A.
Conserve and protect areas of steep slope from inappropriate development and excessive grading;
B.
Avoid negative impacts caused by erosion, stream siltation, soil failure leading to structural collapse, damage, or sanitary conditions;
C.
Minimize danger to public health and safety by promoting safe and sanitary drainage; and
D.
Permit and encourage the use of steep slope areas for open space purposes, so as to constitute a harmonious aspect of the continuing physical development of the Township.
§ 275-148 Establishment of overlay district.
A.
Overlay concept. The Steep Slope Conservation District (SSC) shall function as an overlay on any and all districts now or hereinafter enacted in the Township.
(1)
The SSC District shall have no effect on the permitted uses in the underlying zoning district, except where uses located within the district are in conflict with permitted uses set forth in this article.
(2)
In those areas where the SSC District applies, the SSC District requirements shall supersede the requirements of the underlying zoning districts.
(3)
Changes in the underlying zoning district(s) shall have no effect on the boundaries of the SSC District.
B.
Boundary definition. The boundaries of the SSC District are defined and established as those areas having slopes of 15% or greater, as delineated on topographical maps prepared by the United States Geological Survey, Department of Interior, or by on-site survey prepared by a registered professional engineer or surveyor and reviewed by the Township Engineer.
(1)
Areas of steep slope defined in Subsection B of this section shall be plotted on a map which shall be made a part of this chapter, and which will indicate the approximate boundaries of the SSC District.
(2)
In the absence of a topographical survey prepared by a registered professional engineer or surveyor, whenever there is a difference between the SSC District Map and the USGS topographical map, the USGS map shall determine the boundary of the SSC District, upon review by the Township Engineer.
(3)
Changes in the boundaries of the SSC District shall be plotted, if feasible, on the SSC District Map as amendments thereto.
C.
Boundary interpretation and appeals. An initial determination as to whether the SSC District applies to a given parcel shall be made by the Township Engineer.
(1)
Any party aggrieved by the decision of the Township Engineer, either because of an interpretation of the exact location of the district boundary or because the criteria used in delineating the boundary is or has become incorrect due to changes to topography, may appeal said decision to the Zoning Hearing Board as provided for by this chapter.
(2)
The burden of proving the incorrectness of the Township Engineer decision shall be upon the applicant.
§ 275-149 General regulations.
A.
On those lands having a slope of 15% or greater, only those uses permitted in §§ 275-150A, B and C shall be considered. All applications for development of steep slope areas for uses under § 275-150B shall be accompanied by an erosion and sediment control plan, notwithstanding the minimum acreage requirements of the Clean Streams Law, P.L. 1987, as amended.[1] The plan shall comply with the practices set forth in the Soil Erosion and Sediment Control Manual of the Pennsylvania Department of Environmental Protection, as amended, as well as other recognized conservation practices.
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
B.
In evaluating the application, the Township Planning Commission, Township Engineer, and Zoning Hearing Board (as applicable) shall consider the following:
(1)
Extent and severity of steep slopes on the site.
(2)
Extent and proposed disturbance of existing vegetative cover on the site.
(3)
Soil types and underlying geology of the site.
(4)
Length or extent of steep slopes both on the site in question and on adjacent lands within 200 feet of the site.
(5)
Evidence that the proposed development, any impervious surface, and the resultant disturbance to the land and existing vegetative cover will not cause excessive runoff and/or related environmental problems.
§ 275-150 Use regulations.
A.
Permitted conservation uses. Any one or combination of the following uses are permitted in the SSC District without the submission of an erosion and sediment control plan:
(1)
Wildlife sanctuary, woodland preserve, arboretum, passive recreation area (including parks but excluding enclosed structures).
(2)
Game farm or hunting preserve for the protection and propagation of wildlife, excluding enclosed structures.
(3)
Forestry and reforestation in accordance with recognized soil conservation practices.
(4)
Pasture and controlled grazing of animals in accordance with recognized conservation practices.
(5)
Recreational uses, including parks with activities such as hiking, bicycle and equestrian trails, camps, and picnic areas, excluding enclosed structures.
(6)
Outdoor plant nursery or orchard in accordance with recognized soil conservation practices.
(7)
Cultivation and harvest of crops in accordance with recognized soil conservation practices.
(8)
Nonstructural accessory uses necessary to the operation and maintenance of the above-permitted structures, except that parking facilities, roads, and driveways shall not be permitted.
B.
Other permitted uses. The following uses shall be permitted in the SSC District, provided that an erosion and sediment control plan has been prepared and is followed during construction. The erosion and sediment control plan shall be included with any permit applications for these uses.
(1)
On-site sewage disposal systems, when permitted by the Montgomery County Health Department or the Department of Environmental Protection.
C.
Special exceptions. Any one or combination of the following uses are permitted by special exception from the Zoning Hearing Board, upon submission of an erosion and sediment control plan and supporting evidence; provided, however, that alternative placements on non-steep-slope areas have been carefully evaluated and can be demonstrated to be inappropriate or infeasible:
(1)
Sealed public water supply wells with approval of the Pennsylvania Department of Environmental Protection.
(2)
Sanitary or storm sewers and stormwater detention basins with the approval of the Township Engineer and the Pennsylvania Department of Environmental Protection.
(3)
Underground utility transmission lines.
(4)
Extractive uses and borrow pits in accordance with recognized conservation practices.
(5)
Roads, access driveways, and parking facilities, when no viable alternative alignment or location is feasible.
(6)
In areas with steep slopes between 15% and 24%, freestanding structures, buildings, and retaining walls, provided that the applicant can demonstrate to the Zoning Hearing Board that the proposal will be sound from the architectural, engineering, and environmental perspectives, and will have no adverse impacts on the health, safety, and welfare of the community.
D.
Prohibited uses. The following uses are prohibited in the SSC District:
(1)
Any freestanding structures, buildings, retaining walls, or swimming pools in areas of steep slopes equal to or greater than 24%.
(2)
The filling or removal of topsoil except when related to an activity related to an approved special exception use.
(3)
Solid waste disposal or recycling uses.
(4)
Junkyards or other outdoor storage uses.
§ 275-151 Special exception application.
In addition to that information typically required for applications to the Zoning Hearing Board, the applicant shall supply the following with an application to the Board:
A.
A plan by a registered professional engineer or surveyor which accurately locates the proposed use with respect to the SSC District boundaries and existing development within 200 feet of the proposed use, together with all pertinent information describing the proposal, topographical survey, contour elevations at five-foot intervals, and the erosion and sediment control plan required by this article.
B.
Plan view of the site, conforming to the preliminary plan requirements of Chapter 215, Subdivision and Land Development.
C.
Topographic survey showing contour elevations at five-foot contours as well as typical tract cross-sections at a scale of one inch equals 100 feet or larger. In addition, typical tract cross-sections at a vertical and horizontal scale deemed appropriate by the Township Engineer.
D.
Specifications of building materials and construction including filling, grading, materials storage, water supply, and sewage disposal facilities.
E.
Proposed modifications to the existing topography and vegetative cover, as well as the means of accommodating stormwater runoff.
F.
Documentation of any additional engineering and/or conservation techniques designed to alleviate environmental problems created by the proposed activities.
§ 275-152 Special exception criteria.
In considering a special exception application, the Zoning Hearing Board shall consider the following:
B.
Adverse effects to abutting or downstream properties.
C.
Evidence that:
(1)
Proposed buildings or structures are of sound engineering design, and that footings are designed to extend to stable soil and/or bedrock.
(2)
Proposed roads, drives and parking areas are designed such that land clearing and/or grading will not cause accelerated erosion. Both vertical and horizontal alignment of such facilities shall be so designed that hazardous conditions are not created.
(3)
Proposed nonagricultural displacement of soil shall be for causes consistent with the intent of this chapter and shall be executed in the manner that will not cause erosion or other unstable conditions.
(4)
Surface runoff of water will not create unstable conditions, including erosion, and that appropriate stormwater management facilities will be constructed as necessary.
§ 275-153 Limit of municipal liability.
The granting of a use and occupancy permit or the approval of a subdivision or land development plan on or near the SSC District shall not be constituted a representation, guarantee or warranty of any kind by the Township or any official or employee thereof regarding the practicability or safety of the proposed use and shall create no liability upon the Township, its officials, or its employees. Protections provided by this chapter are for regulatory purposes and are based on minimum engineering studies. This chapter does not imply that areas outside the SSC District are free from the adverse effects of erosion and sedimentation.