Marple Township City Zoning Code
ARTICLE IX
Environmental Protection
[Amended 5-11-1998 by Ord. No. 98-11]
§ 300-58 Intent.
The intent of this article is to establish standards and criteria for the protection of environmentally sensitive areas of the Township, including floodplains, wetlands, steep slopes and very steep slopes, woodlands and areas with mature trees and historic resources. More specifically, these provisions are designed to:
A.
Preserve natural environmental resources and maintain ecological stability by:
(1)
Strictly controlling the use of floodplains.
(2)
Promoting the proper development of steep and very steep slopes.
(3)
Maintaining groundwater resources through the provision of areas for groundwater recharge.
(4)
Avoiding the disruption of woodlands and the removal of specimen trees.
B.
Preserve historic and cultural resources and the visual character of the landscape by:
(1)
Promoting the preservation of significant historical and cultural sites and structures.
(2)
Discouraging development in areas that will create significant changes in the visual character of the Township, particularly its stream courses and major drainage swales.
(3)
Encouraging the use of natural resource areas to preserve existing environmental quality and amenity values.
C.
Protect the health and safety of all residents and visitors and minimize threats to property through the promotion of sound land development practices.
D.
Aid in the implementation of the Comprehensive Plan and the attainment of its goals and objectives.
§ 300-59 Applicability and scope.
This article regulates the circumstances in which development, improvements or demolition may occur on land areas in the Township consisting of or containing the following natural and man-made resources:
A.
Floodplains, in accordance with § 300-60.
B.
Steep slopes and very steep slopes, in accordance with § 300-62.
C.
Specimen trees, in accordance with § 300-63.
D.
Historic sites, in accordance with § 300-64.
§ 300-60 Flood and floodplain protection.
A.
Intent. The intent of this § 300-60 is to protect areas of floodplain subject to and necessary for the containment of floodwaters, provide adequate protection for flood-prone properties and comply with federal and state floodplain management requirements. Specific objectives include the following:
(1)
Promotion of the general health, welfare and safety of the community.
(2)
Encouragement of the utilization of appropriate construction practices in order to prevent or minimize flood damage in the future.
(3)
Prevention of the construction of structures in areas unfit for human usage by reason of danger from flooding, unsanitary conditions or other hazard.
(4)
Minimization of danger to public health by protecting the quality and quantity of surface and subsurface water supplies adjacent to and underlying flood hazard areas and promoting safe and sanitary drainage.
(5)
Permitting only those uses that can be appropriately located in the floodplain and that will not impede the flow or storage of floodwaters or otherwise cause danger to life and property at, above or below site locations along the floodplain.
(6)
Protection of landowners adjacent to a floodplain and those upstream and downstream from a site along the floodplain from damages resulting from development within a floodplain and the consequent obstruction or increase in flow of floodwaters.
(7)
Reduction in the financial burdens imposed on the community, its governmental units and its residents, by preventing excessive development in areas subject to flooding and the protection of the entire Township from uses of land that may result in subsequent expenditures for public works and disaster relief and that may adversely affect the economic well-being of the Township.
(8)
Maintenance of an ecological balance among natural systems, including wildlife, vegetation and marine life, that are dependent upon watercourses and water areas.
(9)
Protection of other municipalities within the same watershed from the impact of improper development and the consequent increased potential for flooding.
(10)
Provision of areas for the deposition of flood-borne sediment.
(11)
Protection of uses vulnerable to floods, including public facilities, in accordance with the requirement of the National Flood Insurance Program and the Pennsylvania Flood Plain Management Act.[1]
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
B.
Applicability and scope. This § 300-60 regulates the circumstances in which any use may occur in a floodplain.
C.
Identification of floodplain areas. The identified floodplain area shall be those areas of the Township of Marple that are subject to the one-hundred-year flood as identified in the Flood Insurance Study (FIS), dated May 2, 1995, and the accompanying maps prepared for the Township of Marple by the Federal Emergency Management Agency or the most recent revision thereof.
D.
Description of floodplain areas.
(1)
The identified floodplain area shall consist of the following specific areas:
(a)
FW (Floodway Area): the areas identified as "Floodway" in the AE Zone in the Flood Insurance Study prepared by FEMA. The term shall also include floodway areas which have been identified in other available studies or sources of information for those floodplain areas where no floodplain has been identified in the Flood Insurance Study.
(b)
FF (Flood-Fringe Area): the remaining portions of one-hundred-year floodplain in those areas identified as an AE Zone in the Flood Insurance Study, where a floodway has been delineated.
(c)
FE (Special Floodplain Area): the areas identified as Zone AE in the flood Insurance Study, where one-hundred-year-flood elevations have been provided, but no floodway has been delineated.
(d)
FA (General Floodplain Area): the areas identified as Zone A in the FIS for which no one-hundred-year-flood elevations have been provided. When available, information from other federal, state and other acceptable sources shall be used to determine the one-hundred-year-flood elevation, as well as a floodway area, if possible. When no other information is available, the one-hundred-year-flood elevation shall be determined by using a point on the boundary of the identified floodplain area nearest the construction site in question.
(2)
In lieu of the above, the Township may require the applicant to determine the elevation with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough technical review by the Township.
E.
Changes in identification of area. The identified floodplain area may be revised or modified by the Board of Commissioners where studies or information provided by a qualified agency or person documents the need for such revision. However, prior to any such change, approval must be obtained from the Federal Emergency Management Agency Federal Insurance Administration.
F.
Boundary disputes.
(1)
In the case of any dispute concerning the boundaries of a floodplain, an initial determination shall be made by the Township Code Enforcement Officer.
(2)
Any party aggrieved by the decision of the Code Enforcement Officer as to the boundaries of the floodplain, which may include the grounds that the maps referred to in § 300-60C are or have become incorrect because of changes due to natural or other causes or changes indicated by detailed hydrologic and hydraulic studies, may appeal to the Zoning Hearing Board as provided in Article XVII of this chapter and § 300-60K and L herein. The burden of proof in such an appeal shall be on the appellant.
(3)
Insofar as various natural conditions, including the floodplain as herein defined, may change, such changes may be validated by detailed on-site survey techniques approved by the U.S. Army Corps of Engineers, Philadelphia District. Whether a proposed use is within the floodplain shown on the Floodplain Overlay Map of the Flood Insurance Study shall, upon appeal from the decision of the Code Enforcement Officer, be determined by the Zoning Hearing Board upon receipt of the findings of the detailed on-site survey by the petitioner. The Zoning Hearing Board, in addition to other evidence and standards, shall consider the recommendations of the Township Planning Commission and the Delaware County Planning Department.
(4)
All changes to the boundaries of the floodplain are subject to the review and approval of the Federal Emergency Management Agency Federal Insurance Administration.
G.
Permitted uses.
(1)
Cultivation and harvesting of crops in accordance with recognized soil conservation practices.
(2)
Outdoor plant nursery or orchard in accordance with accepted soil conservation practices.
(3)
Game preserve, wildlife sanctuary, woodland preserve, arboretum and passive recreation or parks, including hiking, bicycle and bridle trails, but including no facilities subject to damage by flooding.
(4)
Utility transmission lines.
(5)
Sealed water supply wells, subject to the approval of the Township Engineer.
(6)
Sanitary sewers, subject to the approval of the Township Engineer.
(7)
Front, side or rear yards and required lot area for any district, provided that such yards are not to be used for on-site sewage disposal systems or for non-wire fences or any other structure.
H.
Prohibited uses. The following uses and activities are specifically prohibited in floodplains:
(1)
Freestanding structures, buildings and retaining walls, with the exception of flood retention dams, culverts and bridges as approved by the Pennsylvania Department of Environmental Protection.
(2)
Relocation or alteration of any watercourse without approval of the Board of Commissioners and the Pennsylvania Department of Environmental Protection and subject to the following:
(a)
No such approval shall be given by the Board of Commissioners without first obtaining a recommendation thereon of the Marple Township Planning Commission, Delaware County Planning Department and Soil Conservation Service, U.S. Department of Agriculture or its successor agency.
(b)
No such relocation or alteration shall take place without prior notification of abutting municipalities and the Federal Insurance Administration of the National Flood Insurance Program.
(c)
The flood-carrying capacity of a watercourse shall not be reduced by any such relocation or alteration.
(3)
Sanitary landfills, dumps, junkyards, outdoor storage of vehicles and materials.
(4)
On-site sewage disposal systems.
(5)
Private water supply wells.
(6)
The construction, placement, enlargement or expansion of manufactured homes.
(7)
The construction, enlargement or expansion of hospitals (public or private).
(8)
The construction, enlargement or expansion of nursing homes (public or private).
(9)
The construction, enlargement or expansion of jails or prison.
(10)
Any new or substantially improved structure that will be used for the production or storage of any of the following dangerous materials or substances or that will be used for any activity requiring the maintenance of a supply (more than 550 gallons or other comparable volume or any amount of radioactive substances) of any of the following dangerous materials or substances on the premises:
Acetone | |
Ammonia | |
Benzene | |
Calcium carbide | |
Carbon disulfide | |
Celluloid | |
Chlorine | |
Hydrochloric acid | |
Hydrocyanic acid | |
Hydrofluoric acid | |
Magnesium | |
Nitric acid and oxides of nitrogen | |
Petroleum products (gasoline, fuel, oil, etc.) | |
Phosphorus | |
Potassium | |
Sodium | |
Sulfur and sulfur products (including sulfuric and sulphurous acids) | |
Pesticides (including insecticides, fungicides and rodenticides) | |
Radioactive substances, insofar as such substances are not otherwise regulated | |
Any other dangerous materials or substances regulated by the appropriate federal or state agencies |
I.
Conditional uses. The Board of Commissioners is authorized to grant conditional uses for the following uses, subject to recommendations of the Planning Commission and Township Engineer and pursuant to the standards in § 300-60J:
(1)
Commercial recreation use, whether open to the public or restricted to private membership, such as parks, camps, picnic areas, golf courses, fishing, sport or boating clubs. not to include enclosed structures excepting toilet facilities but permitting piers, docks, floats or shelters usually found in developed outdoor recreational areas. No toilet facilities provided shall be connected to an on-site sewage disposal system.
(2)
Storm sewers or impoundment basins.
(3)
Outlet installations for sewage treatment plants and sewage pumping stations, with approval of the appropriate sewer authorities.
(4)
Dams, bridges and culverts, approved by the Commonwealth of Pennsylvania, Department of Environmental Protection or its successor agency.
(5)
Paved roads, driveways and parking lots, where required by the regulations for the district applicable to the lot without consideration of this § 300-60, provided that:
(a)
In the case of roads and driveways no such facilities shall be permitted as a conditional use if practicable alternative alignments exist.
(b)
In the case of parking facilities, no such facility shall be permitted as a conditional use unless satisfactory evidence is submitted that such parking will not be utilized during periods of flood flow, thus posing no threat to the safety of the vehicles, their users and/or to downstream properties. Temporary parking for periods not to exceed one hour and/or parking for recreation uses would be examples of such exceptions.
(6)
Grading or regrading of lands, including the deposit of topsoils and the grading thereof and the construction of retaining walls. An application for a conditional use for such use shall also be accompanied by a plan indicating the deposition of any fill or material proposed to be deposited by the grading or regrading of land. Such fill or other materials shall be protected against erosion by riprap, vegetation cover or bulkheading.
(7)
Forestry, lumbering and reforestation in accordance with recognized natural resource conservation practices, but permitting no structures.
J.
Standards for conditional uses or variances. The Board of Commissioners, in considering a use as a conditional use and the Zoning Hearing Board, in considering a variance, shall bear in mind the objectives of § 300-60A and shall consider the following:
(1)
No conditional use or variance shall be granted for construction, development, use or activity within any floodway area that would cause any increase in the one-hundred-year-flood elevation.
(2)
No conditional use or variance shall be granted for any construction, development, use or activity within any FE Area that would, together with all other existing and anticipated development, increase the one-hundred-year-flood elevation more than one foot at any point.
(3)
If granted, any variance shall involve only the least modification necessary to provide relief.
(4)
Lands abutting the waterway, both upstream and downstream, shall not be adversely affected by the proposed use.
(5)
The general welfare or public interest of Marple Township or of other municipalities in the same watershed shall not be adversely affected.
(6)
Any new structures or substantial improvements to existing structures permitted by conditional use or by variance shall be constructed and placed on the lot so as to offer the minimum obstruction to the flow of water, be designed to have a minimum effect upon the flow and height of floodwater and comply with the requirements of § 300-60M through P.
(7)
Any new structure or substantial improvement permitted as a conditional use or by variance shall be subject to the requirements of § 300-60Q.
(8)
Any additions to existing structures permitted as a conditional use or by variance shall have all utilities and facilities floodproofed in accordance with the provisions contained herein and in the Marple Township Building Code.[2]
[2]
Editor's Note: See Ch. 108, Building Construction, Art. I, Adoption of Standards.
(9)
In granting a conditional use or variance, the Township shall attach whatever reasonable conditions and safeguards it considers necessary in order to protect the public health, safety and welfare and to achieve the objectives of this chapter.
K.
Additional standards for variances. A property owner of a lot of record, as of the date of the enactment of this § 300-60, who is able to prove that the strict enforcement of this section would create undue hardship by denying a reasonable use of an existing lot that is situated either wholly or partially in the floodplain, may seek relief by applying for a variance from the Zoning Hearing Board. The Zoning Hearing Board, after deciding upon the merits of the application, may permit the applicant to make some reasonable use of the property in question, while ensuring that such use will not violate the basic objectives of § 300-60A and will be consistent with the standards of § 300-60J. An affirmative decision shall be issued by the Zoning Hearing Board only upon a determination that it is the minimum necessary, considering the flood hazard, to provide relief and that:
(1)
Good and sufficient cause has been shown;
(2)
Failure to grant the variance would result in exceptional hardship to the applicant; and
(3)
Granting of the variance will neither:
(a)
Result in an unacceptable or prohibited increase in flood height, additional threats to public safety or extraordinary public expense; nor
(b)
Create nuisances, cause fraud on or victimize the public or conflict with any other applicable state or local ordinances and regulations.
L.
Application procedures for conditional uses or variances.
(1)
Whenever a variance is granted, the Township shall notify the applicant in writing that:
(a)
The granting of the variance may result in increased premium rates for flood insurance.
(b)
Such variances may increase the risks to life and property.
(2)
A complete record of all variance requests and related actions shall be maintained by the Township. In addition, a report of all variances granted during the year shall be included in the annual report to the Federal Insurance Administration.
(3)
Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capacity of resisting the one-hundred-year flood and no conditional use shall be granted by the Board of Commissioners and no variance shall be granted by the Zoning Hearing Board for any requirement pertaining to development that may endanger human life.
M.
Procedures for consideration of conditional uses or variances.
(1)
An application for a zoning permit shall be filed with the Code Enforcement Officer who shall make an initial determination on the application. For a use other than those permitted in § 300-60G, an application seeking approval of a conditional use or variance shall be forwarded to the Board of Commissioners or Zoning Hearing Board, as appropriate, along with required studies or information and the findings of the Code Enforcement Officer.
(2)
The application for conditional use or use by variance shall be accompanied by the following:
(a)
Detailed engineering studies indicating the effects on drainage and streams on all adjacent properties as well as the property in question.
(b)
An application for amending the boundaries of the floodplain if the boundaries will be affected by the proposed conditional use or use by variance.
(3)
Prior to the issuance of any permit, the Code Enforcement Officer and Township Engineer shall review the application for permit to determine if all other necessary government permits required by state and federal laws have been obtained.
N.
Technical provisions.
(1)
No encroachment, alteration or improvement of any kind shall be made to any watercourse until all adjacent municipalities that may be affected by such action have been notified by the municipality and until all required permits or approvals have been first obtained from the Department of Environmental Protection, Bureau of Dams, Waterways and Wetlands. In addition, the Federal Emergency Management Agency and Pennsylvania Department of Community and Economic Development, Bureau of Community Planning, shall be notified prior to any alteration or relocation of any watercourse.
(2)
Any new construction, development, uses or activities allowed within any identified floodplain area shall be undertaken in strict compliance with the provisions contained in this chapter and any other applicable codes, ordinances and regulations.
(3)
Special requirements for FW, FE and FA Areas:
(a)
Within any FW (Floodway Area), the following provisions apply:
[1]
Any new construction, development, use, activity or encroachment that would cause any increase in flood heights will be prohibited.
[2]
No new construction or development shall be allowed, unless a permit is obtained from the Department of Environmental Protection, Bureau of Dams, Waterways and Wetlands.
(b)
Within any FE (Special Floodplain Area), no new construction or development shall be allowed unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the elevation of the one-hundred-year flood more than one foot at any point.
(c)
Within any FE (Special Floodplain Area) or FA (General Floodplain Area), the following provisions apply:
[1]
No new construction or development shall be located within the area measured 50 feet landward from the top-of-bank of any watercourse.
[2]
Any new construction or development that would cause any increase in flood heights shall be prohibited within any floodway area.
O.
Elevation and floodproofing requirements.
(1)
Residential structures. Within any identified floodplain area, any new construction or substantial improvement of a residential structure shall have the lowest floor (including basement) elevated up to or above the regulatory flood elevation.
(2)
Nonresidential structures.
(a)
Within any identified floodplain area, any new construction or substantial improvement of a nonresidential structure shall have the lowest floor (including basement) elevated up to or above the regulatory flood elevation or be designed and constructed so that the space enclosed by such structure shall remain either completely or essentially dry during any flood up to that height.
(b)
Any nonresidential structure or part thereof having a lowest floor which is not elevated to at least 1 1/2 feet above the one-hundred-year-flood elevation shall be floodproofed in a completely or essentially dry manner in accordance with the W1 and W2 space classification standards contained in the publication entitled "Flood-Proofing Regulations" published by the U.S. Army Corps of Engineers (June 1972, as amended March 1992) or with some other equivalent standard. All plans and specification for such floodproofing shall be accompanied by a statement certified by a registered professional engineer or architect that states that the proposed design methods of construction are in conformance with the above referenced standards.
(3)
Space below the lowest floor.
(a)
Fully enclosed space below the lowest floor (including basement) is prohibited.
(b)
Partially enclosed space below the lowest floor (including basement) that will be used solely for parking of a vehicle, building access or incidental storage in an area other than a basement shall be designed and constructed to allow for the automatic entry and exit of floodwaters for the purpose of equalizing hydrostatic forces on exterior walls. The term "partially enclosed space" also includes crawl spaces. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:
[1]
A minimum of two openings having a net total area of not less than one square inch for every square foot of enclosed space.
[2]
The bottom of all openings shall be no higher than one foot above grade.
[3]
Openings may be equipped with screens, louvers, etc., or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.
(c)
Accessory structures. Structures accessory to a principal building need not be elevated or floodproofed to remain dry, but shall comply, at a minimum, with the following:
[1]
The structure shall not be designed or used for human habitation, but shall be limited to the parking of vehicles or to the storage of tools, material and equipment related to the principal use or activity.
[2]
Floor area shall not exceed 600 square feet.
[3]
The structure will have low damage potential.
[4]
The structure will be located on the site so as to create the least obstruction to the flow of floodwaters.
[5]
Power lines, wiring and outlets will be at least 1 1/2 feet above the one-hundred-year-flood elevation.
[6]
Permanently affixed utility equipment and appliances such as furnaces, heaters, washers, dryers, etc., are prohibited.
[7]
Sanitary facilities are prohibited.
[8]
The structure shall be adequately anchored to prevent flotation or movement and shall be designed to automatically provide for entry and exit of floodwaters for the purposes of equalizing hydrostatic forces on the walls. Designs for meeting this requirement must either be certified by a registered engineer or architect or meet or exceed the following minimum criteria:
[a]
A minimum of two openings have a net total area of not less than one square inch for every square foot of enclosed space.
[b]
The bottom of all openings shall be no higher than one foot above grade.
[c]
Openings may be equipped with screens, louvers, etc., or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.
P.
Design and construction standards. The following minimum standards shall apply for all construction and development proposed within any identified floodplain area:
(1)
Fill. If fill is used, it shall:
(a)
Extend laterally at least 15 feet beyond the building line from all points.
(b)
Consist of soil or small rock materials only; sanitary landfills shall not be permitted.
(c)
Be compacted to provide the necessary permeability and resistance to erosion, scouring or settling.
(d)
Be no steeper than one vertical to two horizontal feet, unless substantiated data justifying steeper slopes are submitted to and approved by the Code Enforcement Officer.
(e)
Be used to an extent to which it does not adversely affect the adjacent properties.
(2)
Drainage facilities. Storm drainage facilities shall be designed to convey the flow of stormwater runoff in a safe and efficient manner. The system shall ensure proper drainage along streets and provide positive drainage away from buildings. The system shall also be designed to prevent the discharge of excess runoff onto adjacent properties.
(3)
Water and sanitary sewer facilities and systems.
(a)
All new or replacement water and sanitary sewer facilities and systems shall be located, designed and constructed to minimize or eliminate flood damages and the infiltration of floodwaters.
(b)
Sanitary sewer facilities and systems shall be designed to prevent the discharge of untreated sewage into floodwaters.
(c)
No part of any on-site sewage system shall be located within any identified floodplain area except in strict compliance with all state and local regulations for such systems. If any such system is permitted, it shall be located so as to avoid impairment to it or contamination from it during a flood.
(4)
Other utilities. All other utilities such as gas lines and electrical and telephone systems shall be located, elevated (where possible) and constructed to minimize the chance of impairment during a flood.
(5)
Streets. The finished elevation of all new streets shall be no more than one foot below the regulatory flood elevation.
(6)
Storage. All materials that are buoyant, flammable, explosive or, in times of flooding, could be injurious to human, animal or plant life shall be stored at or above the regulatory flood elevation and/or floodproofed to the maximum extent possible.
(7)
Placement of buildings and structures. All buildings and structures shall be designed, located and constructed so as to offer the minimum effect upon the flow and height of floodwater.
(8)
Anchoring.
(a)
All buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse or lateral movement.
(b)
All air ducts, large pipes, storage tanks and other similar objects or components located below the regulatory flood elevation shall be securely anchored or affixed to prevent flotation.
(9)
Floors, walls and ceilings.
(a)
Wood flooring used at or below the regulatory flood elevation shall be installed to accommodate a lateral expansion of the flooring, perpendicular to the flooring grain, without causing structural damage to the building.
(b)
Plywood used at or below the regulatory flood elevation shall be of a marine or water-resistant variety.
(c)
Walls and ceilings at or below the regulatory flood elevation shall be designed and constructed of materials that are water-resistant or will withstand inundation.
(d)
Windows, doors and other components at or below the regulatory flood elevation shall be made of metal or other water-resistant material.
(10)
Paints and adhesives.
(a)
Paints and other finishes used at or below the regulatory flood elevation shall be of marine or water-resistant quality.
(b)
Adhesives used at or below the regulatory flood elevation shall be of marine or water-resistant variety.
(c)
All wooden components (doors, trim, cabinets, etc.) shall be finished with a marine or water-resistant paint or other finishing material.
(11)
Electrical components.
(a)
Electrical distribution panels shall be at least three feet above the one-hundred-year-flood elevation.
(b)
Separate electrical circuits shall serve lower levels and shall be dropped from above.
(12)
Equipment. Water heaters, furnaces, air-conditioning and ventilating units and other electrical, mechanical or utility equipment or apparatus shall not be located below the regulatory flood elevation.
(13)
Fuel supply systems. All gas and oil supply systems shall be designed to prevent the infiltration of floodwaters into the system and discharges from the system into floodwaters. Additional provisions shall be made for the drainage of these systems in the event that floodwater infiltration occurs.
Q.
Existing structures in identified floodplain areas.
(1)
Uses and/or structures rendered nonconforming. Following the adoption of this § 300-60, any use or structure that is situated within the boundaries of a floodplain and that does not conform to the permitted uses specified in § 300-60G herein shall become a nonconforming use or structure, regardless of its conformance to the district in which it is located without consideration of § 300-60.
(2)
Existing structures or uses. The provisions of this § 300-60 do not require any changes or improvements to be made to lawfully existing structures. However, when an improvement is made to an existing structure or when a reconstruction of an existing structure, destroyed by fire or other catastrophe, is proposed, the provisions of this section shall apply.
(3)
Expansion or continuance of nonconforming structures or uses.
(a)
The expansion or continuance of a nonconforming use or structure that is nonconforming with respect to the district in which is located without consideration of this § 300-60 shall be governed by the requirements of Article XV of this chapter. However, the Zoning Hearing Board shall ensure that the standards contained in §§ 300-60K and L herein, as well as the provisions of this Subsection Q, are applied to the expansion or continuance of said use or structure.
(b)
The expansion or continuance of a nonconforming use or structure that is rendered a nonconforming use or structure by adoption of this § 300-60 shall be governed by the standards contained in §§ 300-60K and L herein as well as the provisions of this Subsection Q. The Zoning Hearing Board shall ensure that these standards are enforced with respect to said nonconforming use or structure.
(4)
Standards for improvements and reconstruction. The following provisions shall apply whenever any improvement is made to an existing structure located within any identified floodplain area:
(a)
No expansion, enlargement or reconstruction of an existing structure shall be allowed within any floodway area that would cause any increase in the elevation of the one-hundred-year flood.
(b)
No expansion, enlargement or reconstruction of an existing structure shall be allowed within an FE Area that would, together with all other existing and anticipated development, increase the one-hundred-year-flood elevation more than one foot at any point.
(c)
Any modification, alteration, reconstruction or improvement of any kind to an existing structure, to an extent or amount of 50% or more of its market value, shall constitute a substantial improvement and shall be undertaken only in full compliance with the provisions of this chapter.
(d)
Any modification, alteration, reconstruction or improvement of any kind to an existing structure, to an extent or amount of less than 50% of its market value, shall be elevated and/or floodproofed to the greatest extent possible.
R.
Abrogation and greater restrictions. This § 300-60 supersedes any other conflicting provisions that may be in effect in identified floodplain areas. However, any other ordinance provisions shall remain in full force and effect to the extent that those provisions are more restrictive. If there is any conflict between any of the provisions of this chapter, the more restrictive shall apply.
S.
Severability. If any section, subsection, paragraph, sentence, clause or phrase of this § 300-60 shall not be declared invalid for any reason whatsoever, such a decision shall not affect the remaining portions of this chapter, which shall remain in full force and effect, and for this purpose the provisions of this section are hereby declared to be severable.
T.
Warning and disclaimer of liability. The degree of flood protection sought by the provisions of this § 300-60 is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This Subsection T does not imply that areas outside any identified floodplain areas or that land uses permitted within such areas will be free from flooding or flood damages. This subsection shall not create liability on the part of the Township or any officer or employee thereof for any flood damages that result from reliance on this subsection or any administrative decision made thereunder.
§ 300-62 Steep slope protection.
[Amended 6-12-2023 by Ord. No. 2023-1]
A.
Intent. The intent of this § 300-62 is to protect hillsides and their related soil and vegetative resources, thereby minimizing adverse environmental effects. Specific objectives include the following:
(1)
Conservation and protection of steep and very steep slopes from inappropriate development such as excessive grading, land-form alteration and extensive vegetation removal.
(2)
Avoidance of potential hazards to life and property and the disruption of ecological balance that may be caused by increased runoff, flooding, soil, erosion and sedimentation, blasting and ripping of rock and landslide and soil failure.
(3)
Protection of the entire Township from uses of land that may result in subsequent expenditures for public works and disaster relief and adversely affect the economic well-being of the Township.
(4)
Encouragement of the use of steep and very steep slopes for open space and other uses that are compatible with the conservation and protection of natural resources.
B.
Applicability and scope. This § 300-62 regulates the circumstances in which any use may occur on areas of steep slope or very steep slope. The regulations of this § 300-62 apply to all districts in the Township.
C.
Disturbance of ground cover.
(1)
No person shall directly or indirectly disturb vegetative ground cover on more than the following percentages of each classification of land:
Slope classification | Permissible area (maximum percent) |
|---|---|
Steep (15% to 25%) | 15% |
Very steep (greater than 25%) | 5% |
(2)
For steep and very steep slope distribution in excess of those set forth in § 300-62C(1), conditional use authorization from the Board of Commissioners is required.
D.
Permitted uses in areas of steep slope and very steep slope. The following uses and no other are permitted in areas of steep slope and very steep slope:
(1)
Agricultural uses not requiring cultivation or structures.
(2)
Game preserve, wildlife sanctuary, woodland preserve or similar conservation uses not requiring structures.
(3)
Passive recreation.
(4)
Sealed water supply wells with the approval of the Township Engineer.
(5)
Front, side or rear yards and required lot area for any district, provided that such yards are not to be used for on-site sewage disposal systems or for non-wire fences or any other structures.
E.
Prohibited uses in areas of steep slope and very steep slope. The following uses and activities are specifically prohibited and shall not be subject to variance:
(1)
Structures, other than those associated with § 300-62D and F.
(2)
Cut and fill, other than in conjunction with uses associated with § 300-62D and F.
(3)
Soil, rock or mineral extraction.
(4)
Removal of topsoil.
(5)
On-site sewage disposal systems.
(6)
Roads, driveways and parking lots, other than those associated with § 300-62G(5).
F.
Conditional uses in areas of very steep slope. The Board of Commissioners is authorized to grant conditional uses for the following uses, subject to recommendations of the Planning Commission and Township Engineer and pursuant to the standards of § 300-62H and I:
(1)
Agricultural cultivation and agricultural uses requiring structures.
(2)
Conservation uses requiring structures.
(3)
Passive recreation uses requiring structures.
(4)
Utility easements and rights-of-way.
(5)
Accessory structures to any permitted uses included in § 300-62D.
(6)
Individual driveways accessory to single-family detached dwellings only if the Board of Commissioners determines that no practicable alternative alignments exist.
G.
Conditional uses in areas of steep slope. The Board of Commissioners is authorized to grant conditional uses for the following uses, subject to recommendations of the Planning Commission and Township Engineer and pursuant to the standards of § 300-62H and I:
(1)
Any conditional use identified in § 300-62G.
(2)
Single-family detached dwellings, when permitted in the district in which the property is located.
(3)
Recreation use, whether open to the public or restricted to private membership, such as parks, camps, picnic areas and golf courses, when permitted in the district in which the property is located. not to include enclosed structures excepting toilet facilities but permitting small shelters usually found in developed outdoor recreational areas. Any toilet facilities provided shall be connected to central water and sewage systems.
(4)
Stormwater management facilities.
(5)
Roads, driveways and parking lots, where required by the regulations for the district applicable to the lot without consideration of this § 300-62, provided that no practicable alternative alignments or locations exist.
(6)
Central sanitary sewer systems.
(7)
Accessory uses and structures customarily incidental to uses identified in this § 300-62F.
H.
Standards for conditional uses or variances. The Board of Commissioners, in considering a use as a conditional use and the Zoning Hearing Board, in considering a variance, shall bear in mind the objectives of § 300-62A and shall consider the following:
(1)
Degree of modification proposed to the topographic, soil and vegetation resources.
(2)
Techniques and extent of mitigation proposed to offset potential adverse environmental effects.
(3)
Effects on adjacent and neighboring properties.
(4)
Consistency of proposed uses with the objectives of § 300-62A.
I.
Additional standards for conditional uses or variances. An affirmative decision shall not be issued by the Board of Commissioners for conditional uses nor by the Zoning Hearing Board for variances unless there is evidence that:
(1)
Development is being proposed on areas of steep slope or very steep slope only because no other alternative location is practicable.
(2)
Earthmoving activities and vegetation removal will be conducted only to the extent necessary to accommodate the proposed uses and structures and in a manner that will not cause excessive surface water runoff, erosion, sedimentation and unstable soil conditions.
(3)
Mitigation techniques will be utilized, including but not limited to retaining walls, tree wells, the establishment of ground covers and/or low spreading shrubs and the use of erosion control fabric.
(4)
Proposed structures will be of sound engineering design and footings will be designed in response to the site's slope, soil and bedrock characteristics.
J.
Application procedures for conditional uses or variances. An application for a zoning permit shall be filed with the Code Enforcement Officer who shall make an initial determination on the application. For a use other than those permitted in § 300-62D, an application seeking approval of a conditional use or variance shall be forwarded to the Board of Commissioners or Zoning Hearing Board, as appropriate, along with required studies or information and the findings of the Code Enforcement Officer. The application for conditional use or use by variance shall be accompanied by the following:
(1)
Plans drawn to a scale of at least one inch equals 50 feet depicting the following:
(a)
Location, dimensions and elevation of the property.
(b)
Existing and proposed uses and development.
(c)
Existing and proposed contours at two-foot intervals.
(d)
Location and boundaries of steep slopes and very steep slopes.
(e)
Cross-sections and elevations of the property and proposed structures.
(f)
Existing and proposed land cover characteristics of that portion of the property within the area of steep slope or very steep slope, indicating wooded areas, open areas, ground cover types, any areas with impervious surfaces and subsurface soil types.
(2)
Photographs showing existing uses, vegetation and topography of areas of steep slope or very steep slope.
(3)
Narrative report describing the slope, soil and vegetation characteristics of that portion of the property within the area of steep slope or very steep slope. Such report shall also describe:
(a)
Proposed types of structures and methods of construction, types of foundation system(s) to be employed and proposed landscaping, sewage disposal and water supply.
(b)
Sediment and erosion control measures.
(c)
Engineering and conservation techniques intended to alleviate adverse environmental effects that may be created by the proposed use.
§ 300-63 Tree protection.
A.
Intent. This § 300-63 regulates tree removal in the Township. Trees contribute significantly to the community's scenic beauty, in preventing soil erosion, reducing flood hazards, improving air quality, neutralizing wastewater, stabilizing the groundwater table, moderating microclimate and protecting wildlife. Indiscriminate removal of trees would adversely affect the local economy by reducing the attractiveness and desirability of the area as a place to live, work and visit.
B.
Applicability and scope. This § 300-63 regulates the circumstances in which any tree with a trunk diameter in excess of specified dimensions may be removed, as defined in this section. The regulations of this § 300-63 apply to all districts in the Township.
C.
Removal or relocation of trees. No person, organization, society, association, corporation or any governmental agency or representative thereof, directly or indirectly, shall, without first obtaining a permit as herein provided, remove or relocate to another site more than three trees on a lot in RA, RB and RC Zoning Districts and two trees on a lot in all other zoning districts in any calendar year with a trunk 12 inches or greater in diameter, measured 4 1/2 feet above the natural grade, within a primary tree-protection zone or more than three trees on a lot in RA, RB and RC Zoning Districts and two trees on a lot in all other zoning districts in any calendar year with a trunk 18 inches or greater in diameter, measured 4 1/2 feet above the natural grade, within a secondary tree-protection zone.
D.
Removal or relocation of trees, application procedures and conditions. Application permits for removal or relocation of individual trees or groups of trees covered herein shall be obtained by making application for permit to the Township. The application shall be accompanied by a written statement indicating the reasons for removal or relocation of trees and a general description of the trees to be relocated or removed. Prior to the issuance of a permit for tree removal or relocation, the Code Enforcement Officer or his agent shall conduct an on-site inspection to determine whether or not such removal or relocation conforms to the requirements of this § 300-63. The Code Enforcement Officer shall approve the permit if one or more of the following conditions is present:
(1)
Necessity to remove trees that pose a safety hazard to pedestrian or vehicular traffic or threaten to cause disruption of public services.
(2)
Necessity to remove trees that pose a safety hazard to buildings.
(3)
Necessity to remove diseased trees or trees weakened by age, storm, fire or other injury.
(4)
Necessity to observe good forestry practices.
(5)
Necessity to remove trees in order to construct proposed improvements as a result of:
(a)
Need for access to the site for construction equipment.
(b)
Location of proposed structures, where alternative positions are unfeasible.
(c)
Need for access around structures during construction.
(d)
Essential grade changes.
(e)
Surface water drainage and utility installations.
(6)
Necessity for compliance with other Township codes such as building, zoning, subdivision regulations, health provisions and other ordinances.
E.
Permit application review period. The Code Enforcement Officer shall have 21 days after receipt of an application filed pursuant to § 300-63D in which to approve or deny the requested permit. In the event that the Code Enforcement Officer denies an application, he shall specify to the applicant in writing the reason for his action. If no final action with respect to an application is taken within the required 21 days, the application shall be deemed to have been granted.
F.
Tree replacement requirement. Any tree removed pursuant to the permitting procedures outlined in § 300-63D(5) in order to construct proposed improvements shall be replaced on the lot in question with two new trees with trunks not less than three inches in diameter, measured two feet above the ground line. Prescribed new trees shall not be placed on the lot as street trees or in place of trees required as part of a buffer area except in cases where tree(s) removed qualified as street trees or part of required buffer areas. Prescribed new trees shall be guaranteed by the lot owner for a period of three years. Any planted material that dies within this period shall be replaced by the lot owner at his expense. Subsequent to the determination of those trees to be removed, the Board of Commissioners may determine that the remaining tree coverage is substantial enough to grant a waiver of the requirement to provide some or all of the replacement trees herein required.
G.
Hazardous or emergency conditions. In the event that any tree shall be determined to be a hazardous or dangerous condition so as to endanger the public health, welfare or safety and requires immediate removal without delay, authorization by telephone may be given by the Code Enforcement Officer without obtaining a written permit as is otherwise required in § 300-63D.
§ 300-64 Historic resources protection.
[Added 2-11-2008 by Ord. No. 2008-5[1]]
A.
Intent:
(1)
To establish as a matter of public policy that the preservation and protection of historic resources are public necessities and are in the interest of the health, culture, prosperity and welfare of the citizens and the Township of Marple.
(2)
To protect the historic resources of Marple Township by encouraging their preservation, restoration, rehabilitation, and sensitive reuse in the community.
(3)
To encourage orderly and efficient development that recognizes the special value to Marple Township of its fragile, nonrenewable historic and cultural resources.
(4)
To create and provide a means for additions and updates to the Marple Township Historic Resources Inventory, through recommendations made by the Historical Commission and through public input in identifying historical, architectural and cultural buildings, settings and landscapes.
(5)
To provide opportunities for owners of local historic properties to consult with the Historical Commission on appropriate ways to improve their properties to be eligible for special building and zoning code considerations and to apply for various private and public preservation incentives.
(6)
To maintain or improve property values in Marple Township now and in the future.
B.
Definitions. As used in this section, the following terms shall have the meanings indicated:
APPLICANT
A person, organization, society, association, corporation or any governmental agency or representative thereof who wishes to demolish an historic resource.
BOARD or BOARD OF COMMISSIONERS
Marple Township Board of Commissioners.
CODE OFFICIAL
Marple Township Department of Code Enforcement.
COMMISSION or HISTORICAL COMMISSION
Marple Township Historical Commission.
DAY
Calendar day, unless specifically noted otherwise in the text as a business day. Business days exclude all days when Township offices are officially closed.
DEMOLITION BY NEGLECT
Allowing an historic resource to lose its historic integrity or usefulness by failure to provide necessary and timely maintenance.
DEMOLITION or DEMOLISH
The removal or destruction of all or a significant part of an historic resource, such that the historic integrity of the historic resource is lost. Demolition includes, but is not limited to, removal or relocation of the historic resource from its current location, destruction of a facade or exterior wall surface, removal or replacement of significant elements of the historic resource, or loss of historic material due to fire, flood, or other disaster. Examples include, but are not limited to:
(1)
Moving the resource to another location.
(2)
Removal of any portion of any roof or exterior wall, or of any significant building elements such as cornices, doors, windows, porches, or chimneys.
(3)
Covering of any portion of any roof or exterior wall, or of any significant building elements.
(4)
Removing all or part of a resource that has been damaged by a fire.
HISTORICAL COMMISSION
See "commission" above.
HISTORIC INTEGRITY
The authenticity of a property's historic identity, evidenced by the survival of physical characteristics that existed during the property's historic period.
HISTORIC RESOURCE
A building, structure, site, or object listed in the Marple Township Historic Resource Inventory.
INVENTORY
The Marple Township Historic Resource Inventory.
OBJECTOR
A person, organization, society, association, corporation or any governmental agency or representative thereof, any of which resides in or pays taxes to the Township, who wishes to object to a permit application for demolishing an historic resource.
OWNER
A person, organization, society, association, corporation or any governmental agency or representative thereof who has legal right to the historic resource.
PLANNING COMMISSION
Marple Township Planning Commission.
C.
Demolition permit application requirements.
(1)
Permit required.
(a)
No applicant or owner shall, without first obtaining a permit as herein provided, demolish an historic resource.
(b)
In cases where a permit is not required, or prior to filing for a permit, an applicant or owner of an historic resource is encouraged to consult with the Historical Commission to discuss the project and obtain recommendations on how best to retain the historic integrity of the resource.
(2)
Permit application. Applicants wishing to demolish or otherwise alter an historic resource shall apply to the Code Official for a permit for demolition. The application shall contain the following:
(a)
Date of filing the application.
(b)
Name of applicant.
(c)
Owner of record if different from applicant.
(d)
Address and description of building or structure to be demolished.
(e)
Two copies of a site plan showing and clearly labeling all buildings, structures, plantings and features of the property.
(f)
Two sets of photographs of the property showing the following:
[1]
The resource in the context of its surroundings.
[2]
Each side of the building.
(g)
Scope of work being proposed.
(h)
Reason for demolition.
(i)
Financial information supporting any claims of financial hardship, if financial hardship was presented as a reason for demolition.
(j)
Method of demolition including disposition of materials from demolition.
(k)
Proposed uses of the site following demolition of the resource.
(l)
Permit application fee of $100 or standard permit fee, whichever is less.
(m)
Permission for employees of the Township and members of the Historical Commission to visit, inspect, and record the condition of the property.
(3)
Initial review of application.
(a)
The Code Official shall notify the Township Manager, the Historical Commission, the Planning Commission, and the Board of Commissioners of the application for demolition permit within seven days of acceptance of a properly filed application, including application fees. One copy of the permit application and supporting materials will be provided to the Historical Commission.
(b)
If within 21 days after the application for demolition permit an objection is filed with the Township by an objector, or by the Historical Commission, then the application shall be considered contested. The objection is to be filed in writing, and shall include the reason for the objection.
[1]
Objections are to be filed with the Code Official.
[2]
Copies of the objection shall be sent to the Historical Commission.
[3]
Copies of the objection shall be sent to the applicant.
(c)
If within 21 days after the application for demolition permit no objections are filed with the Township, then the application shall be returned to the Code Official for reviews and approval as required by other Township regulations and codes.
(4)
Review of contested application.
(a)
Within 60 days after receipt of objection by the Code Official, the Historical Commission, or selected representatives thereof, shall meet with the applicant to review the application.
[1]
The period for holding this meeting may be increased if agreed to by the Commission and the applicant.
[2]
The application shall be considered abandoned if the applicant or his/her representative does not appear at the meeting.
(b)
At the meeting between the Historical Commission and the applicant, the applicant shall present the case for demolition, and other approaches that may be acceptable will be discussed.
[1]
At the conclusion of the meeting, the parties can agree to either accept the application or amend the application. The Commission may also choose to reject the application. Any decision, including modifications suggested or agreed upon, is to be recorded in writing by the Commission. Copies will be sent to the applicant, Code Official, Township Manager, Planning Commission, and Board of Commissioners.
[2]
If the application is approved by the Commission, or approved with modifications, the Board and Planning Commission will have 31 days to comment. If there is no comment from the Board or Planning Commission, the application shall be returned to the Code Official for reviews and approval as required by other Township regulations and codes.
[3]
If the application is rejected by the Commission, the applicant has the right to request a review by the Board of Commissioners. The Board may decide either to have representative(s) of the Board meet with the Commission and applicant or have a public hearing. If the representative(s) of the Board meets with the Commission and the applicant, the parties can agree to either accept the application or amend the application. If no agreement can be made, then the applicant has the right to request a public hearing by the Board of Commissioners.
(c)
At any time after filing an objection to the demolition permit, the objecting party may withdraw the objection by giving written notice of such withdrawal to the Code Official.
[1]
The Code Official shall notify the Board and Historical Commission of withdrawal with seven days.
[2]
The Historical Commission shall have seven days to respond to the withdrawal, which will consist either of an acceptance of withdrawal or a request to continue with the review.
[3]
If there are no further objections, if withdrawal of objection has been accepted by the Historical Commission, and if the twenty-one-day objection period has expired, the application shall be considered approved by the Historical Commission, and the application shall be returned to the Code Official for reviews and approval as required by other Township regulations and codes.
(d)
If a public hearing is held on the application, the following shall occur:
[1]
The Historical Commission shall state the nature of the application, the nature of the objection, and provide a brief summary of the Historic Resource.
[2]
The applicant shall be allowed to present further information to support the application.
[3]
Any objectors shall be allowed to present further information to support their objection.
[4]
The Board of Commissioners and the applicant may agree to postpone the public hearing to a later date.
(e)
The Board shall consider the following factors, among other factors deemed appropriate by the Board, before reaching its decision on the application:
[1]
The purposes of this section.
[2]
The opinion of the Historical Commission.
[3]
The opinion, if offered, of the Planning Commission.
[4]
The historical, architectural or aesthetic significance of the building, structure, or site features.
[5]
The design and compatibility of the proposed work with the character of its site, including the effect of the proposed work on neighboring structures.
[6]
The physical condition of the building, and whether the owner has made acceptable efforts to maintain the building.
[7]
Whether the building or structure can be used for any purpose for which it is or may be reasonably adapted. To that end, the owner must demonstrate that the sale of the property is impracticable; and that rental cannot provide a reasonable rate of return. The objector must also provide his, her, or its recommendations for the continued use of the building in question.
[8]
Where an application for demolition is based on economic hardship, the Board may lessen its requirements in order to account for the economic situation involved.
(f)
The Board of Commissioners shall render a decision and shall issue a written decision within 45 days of the public hearing. The decision shall contain the findings of fact that constitute the basis for the decision. The Board shall furnish the applicant, the objector, and the Historical Commission with a copy of the decision. The decisions of the Board may be as follows:
[1]
Approval of the application with no additional documentation. The application shall be returned to the Code Official for reviews and approvals as required by other Township regulations and codes.
[2]
Approval of the application with conditions. The permit application shall be approved by the Board, contingent upon the completion of additional building documentation as outlined below, or other conditions as determined appropriate by the Board. Other conditions may include changes to the proposed demolition, or subsequent construction. Upon acceptance of the additional documentation by the Board and Historical Commission, the application shall be returned to the Code Official for reviews and approvals as required by other Township regulations and codes.
[3]
Rejection of the application. The application shall be returned to the Code Official for denial of the permit application.
[4]
Request for additional information. If the Board feels that a decision is not possible due to insufficient information, it may require the submission of additional information for the purpose of reconsideration of the application. If the application is to be reconsidered, an additional public hearing will be scheduled, consistent with the procedures outlined above for the initial public hearing. Additional information that may be requested may include, but not be limited to, the following:
[a]
Amount paid for property, date of purchase and party from whom purchased, including a description of the relationship, whether business or familial, if any, between the owner and the person from whom the property was purchased.
[b]
Assessed value of the land and improvements thereon according to the most recent assessment.
[c]
For depreciable properties, a pro forma financial statement prepared by an accountant or broker of record.
[d]
All appraisals obtained by the owner in connection with his purchase or financing of the property or during his ownership of the property.
[e]
Bona fide offers of the property for sale or rent, price asked and offers received, if any.
[f]
Any consideration by the owner as to adaptive uses for the property, including the historic resources.
[g]
In cases where additional information is requested, the Board shall have an additional 45 days to review and issue an updated decision.
(g)
In cases where the Board approves the issuance of a demolition permit, the approval will be good for a six-month period unless upon written request the Board agrees to extend the time period.
(5)
Appeal of decision. Any party to the hearing before the Board of Commissioners aggrieved by a decision of the Board may, within 30 days after receiving notice of the decision, seek judicial review of that decision in any court of competent jurisdiction.
D.
Documentation of historic resources. In cases where the issuance of a demolition permit is approved, the Historical Commission shall require that the building or structure be recorded, at the applicant's expense.
(1)
The Commission will issue a list of items of documentation to be prepared, which may include, but not be limited to, the following:
(a)
A detailed description of the resource and its context, including topography, vegetation, landscaping, driveways and associated structures and features.
(b)
Detailed site plan of the resource.
(c)
Measured floor plans and exterior elevations.
(d)
Measured drawings of individual elements of the resource.
(e)
Comprehensive photographic record of the resource and its context.
(f)
Chain of title or other information related to the history of the resource.
(g)
Statement of the significance of the resource and its context to the Township and environs.
(2)
Two copies of such documentation are to be delivered to the Historical Commission for review and approval.
(a)
Quality and scale of drawings and other documentation are to be of a level acceptable to the Historical Commission.
(b)
If approved by the Historical Commission, the Code Official is to be notified of approval.
[1]
One copy of documentation is to be given to the Code Official to add to the property information on file.
[2]
One copy of documentation is to be retained by the Historical Commission for archiving.
(c)
In cases where the demolition of resource is permitted, the Commission has the right to request that the applicant fabricate and erect an historical marker designed by the Commission.
E.
Conditional and special exception uses for historic resources.
(1)
Conditional uses. In addition to the uses permitted by right or special exception use in the various zoning districts in Marple Township, the Board of Commissioners may authorize conditional uses for historic resources in order to encourage their retention and facilitate appropriate adaptive reuse. Such conditional uses may include professional or business offices, cultural facilities, eating and drinking establishments and guest houses or inns in residential districts and any such similar uses in industrial, institutional or open space districts. Applications for such conditional uses shall meet the following criteria:
(a)
The use shall not generate high levels of vehicular traffic, nor noise, noxious odors, air pollution or glare.
(b)
The manner, location and hours of operations and of deliveries to the premises shall be compatible with the daily cycle of active and quiet periods associated with any adjacent residential uses.
(c)
The use shall complement other uses in the district, creating a mixed-use character that contributes towards an increased rate of pedestrian access to local services, minimized auto-trip generation and additional security for district businesses.
(d)
Mixed-use structures containing residences shall have nonresidential uses only on a level or floor below residential uses.
(2)
Special exception uses. The Zoning Hearing Board is authorized to grant special exceptions for modifications to the development standards dimensions relevant to an historic resource for applications meeting the following criteria:
(a)
Granting of a special exception is necessary to encourage the retention and appropriate adaptive reuse of the historic resource.
(b)
Granting of a special exception will have minimal detrimental effect on adjacent and neighboring properties.
(c)
Any proposed rehabilitation, alteration, or enlargement of an historic resource shall be in substantial compliance with the Secretary of the United States Department of the Interior's standards for rehabilitation.
F.
Penalties and remedies.
(1)
Penalties.
(a)
Failure by the applicant or owner to comply with this section shall constitute a violation hereof.
(b)
Any applicant or owner violating any of the provisions of this section shall be subject to a fine of not more than $600 for each offense plus court costs, including reasonable attorney fees incurred as a result thereof, or in default of payment of the fine, imprisonment not exceeding 90 days.
(c)
Each day that a violation continues shall constitute a separate offense. All fines collected shall be deposited into the Township general fund and shall be used for historic preservation or for general Township use.
(d)
If demolition occurs without a permit, the Township reserves the right to prohibit future building permits or subdivision approvals for the property for a period of up to five years from the date of either the demolition or upon the completion of any subsequent Township reviews or of any legal proceedings, whichever is latest.
(2)
Remedies.
(a)
An applicant or owner who demolishes a building or structure in violation of the provisions of this section, or in violation of any conditions or requirements specified in a permit issued pursuant to this section, may be required by the Board to restore, reconstruct, and/or relocate the building or structure involved to its appearance and/or location prior to the violation.
(b)
Such restoration, reconstruction, and/or relocation may be in addition to, and not in lieu of, any penalty or remedy available under this section or any other applicable law.
(c)
In the event any building or structure is demolished in violation of this section, the Board may institute appropriate proceedings in any court of competent jurisdiction to prevent or remedy such unlawful demolition.
(3)
Demolition by neglect.
(a)
Any owner of an historic resource who has allowed that historic resource to be damaged or demolished as the result of neglect shall be subject to the same enforcement remedies as an owner who knowingly violates this section by demolishing an historic resource without a permit for demolition or who violates the conditions of the permit.
(b)
In addition to any penalties listed above, the Township may elect to purchase the historic resource through eminent domain, with the purpose of either rehabilitating the resource at Township expense or selling the property to a third party who will agree to rehabilitate the resource.
(4)
Ordinary maintenance. This section shall not be construed to prevent the ordinary maintenance or repair of any building or structure, where such work does not require a permit by law, and where the purpose and effect of such work is to correct any deterioration or decay of, or damage to, a building or structure and to restore the same to its condition prior to the occurrence of such deterioration, decay, or damage. Any repairs being performed with materials and techniques that match the original can be approved by the Code Official after consultation with the Historical Commission. Notification of and approval by the Board is not required.
G.
Historic Resources Inventory.
(1)
The Marple Township Historic Resources Inventory shall initially consist of the resources listed in the Marple Township Historic Sites Survey prepared by the Delaware County Planning Department, 1994.
(2)
Resources may be added to the inventory from time to time. Resources may be added that meet one or any combination of the following criteria:
(a)
Listed in or determined to be eligible for the National Register of Historic Places as provided in the National Historic Preservation Act of 1966, 16 U.S.C. 470 et seq.
(b)
Listed in the Marple Township Historic Sites Survey prepared by the Delaware County Planning Department as updated from time to time.
(c)
Has significant character, interest, or value as an example of the development, heritage or cultural characteristics of the Township, the county, the commonwealth, or the United States.
(d)
Is the site of a significant historic event.
(e)
Exemplifies the cultural, political, economic, social or historical heritage of the community.
(f)
Embodies distinguishing characteristics of an architectural style of engineering specimen.
(g)
Is the work of a designer, architect, landscape architect or engineer whose individual work has significantly influenced the development of the Township, the county, the commonwealth or the United States.
(h)
Contains elements of design, detail, materials or craftsmanship which represent a significant innovation.
(i)
Is the singular known example of a design or use of material or style of architecture within the Township.
(j)
Is part of the historic context of a square, park, or other distinctive area which should be preserved, according to a plan, based on an historic, cultural, or an architectural context.
(k)
Is a landmark; that is, an established and familiar visual feature which assists in defining the character of the neighborhood, community or Township due to its unique location or singular physical characteristic.
(l)
Has yielded or is likely to yield information of importance to the Township's, county's, commonwealth's, or United States' history.
(3)
The procedure for adding a resource to the inventory shall be as follows:
(a)
The Historical Commission shall review a potential historic resource to determine its historic integrity and its ability to meet the criteria for addition listed above.
(b)
If, in the opinion of the Historical Commission, the resource is worthy of being added to the inventory, the Commission shall make such recommendation to the Board of Commissioners.
(c)
The Board shall consider the recommendation at a public meeting.
[1]
The property owner and public shall have the right to present to the Board an argument against listing the property as an historic resource.
[2]
The property owner and public shall have the right to present to the Board an argument for listing the property as an historic resource.
[3]
The Board shall review the recommendation by the criteria for addition listed above, and shall be empowered to make a decision considering the importance of the resource as an historic resource as contributing to the public good.
(d)
If the Board of Commissioners agrees with the recommendation of the Historical Commission, then the resource shall be added to the inventory.
(e)
If the Board of Commissioners does not agree with the recommendation of the Historical Commission, then the resource shall not be added to the inventory. The Historical Commission may present new information at a later date and request another decision by the Board.
(4)
Resources may be removed from the inventory in the exceptional cases of resources that have been destroyed or damaged to such an extent that they have lost their historic integrity.
(a)
The Historical Commission shall be responsible for determining if a resource is eligible for removal from the inventory.
(b)
If, in the opinion of the Historical Commission, the resource is worthy of being removed from the inventory, the Commission shall make such recommendation to the Board of Commissioners.
(c)
If the Board of Commissioners agrees with the recommendation of the Historical Commission, then the resource shall be removed from the inventory.
(d)
If the Board of Commissioners does not agree with the recommendation of the Historical Commission, then the resource shall remain on the inventory until such time as new information to warrant another decision can be presented to the Board by the Historical Commission.
[1]
Editor's Note: This ordinance also repealed former § 300-64, Historic resources protection.
