Middletown Township
City Zoning Code
City Zoning Code
ARTICLE XXIII
Natural Resources
The following standards shall apply:
§ 275-162 Steep Slopes Conservation District.
A.
General provisions.
(1)
Compliance. No area within the Steep Slope Conservation District shall hereafter be used without full compliance with the terms of this article, section and other applicable regulations.
(2)
Preservation of other restrictions. It is not intended by this section to repeal, abrogate or impair any regulations set forth in any other articles herein, any regulations set forth in any other articles herein, any regulations of Chapter 210, Subdivision and Land Development, or any easements, covenants or deed restrictions, except that where this article imposes greater restrictions, its provisions shall prevail. Further, nothing contained in this article shall diminish in any way the provisions of the Clean Streams Law[1] and/or Chapter 102 of the Department of Environmental Protection's rules and regulations, or any other applicable state, federal, county or Township regulations, codes, ordinance and the like.
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
(3)
The Steep Slope Conservation District shall have no effect on the permitted uses in the underlying zoning district, except where said uses, intended to be located within the boundaries of the District, are in conflict with the permitted uses set forth in this article.
(4)
In those areas of the Township where the District applies, the limitations of the Steep Slope Conservation District, as set forth herein, shall be in addition to the requirements of the underlying zoning district or districts.
(5)
Should the District boundaries be revised as a result of judicial decision, the zoning requirements applicable to the area in question shall revert to the requirements of the underlying zoning district(s) without consideration of this section.
(6)
Steep Slopes Conservation District boundary. Steep slopes must be protected from inappropriate development such as excessive grading, landform alteration and extensive vegetation removal to avoid potential hazards to property and the disruption of the ecological balance caused by increased runoff, flooding, soil erosion and the like. The Steep Slope Conservation District Map shall be considered as an overlay to the Middletown Township Zoning Map.
B.
The Steep Slopes Conservation District boundary consists of the following:
(1)
Class I steep slopes - characterized by a change in elevation from 15% to 25%.
(2)
Class II steep slopes - characterized by a change in elevation greater than 25%.
(3)
The owner shall use an actual field topographic survey (by a qualified professional) as the source of contour information and the basis for depicting Class I and Class II steep slopes as described in this section.
(4)
The use regulations of this article will be invoked only when there is a cumulative Class I or Class II steep slope of six feet or more vertical change in grade.
(5)
Slope mapping shall be reviewed by the Township Engineer. The owner will be required to follow all regulations of this section for those areas which reflect Class I and Class II slope conditions, as determined through the Township Engineer's review.
C.
The following standards shall apply, except where specifically modified by this article in accordance with the conditional use standards and procedures:
(1)
Class I (>15% to 25%) Steep Slopes: no more than 30% of such areas on a development site shall be altered, graded, cleared or built upon.
(2)
Class II (>25% or steeper) steep slopes: no more than 10% of such areas shall be altered, graded, cleared or built upon. No building shall be placed within 40 feet of the boundary of any Class II Steep Slope area, nor shall any grading, ground disturbance or clearing of vegetation occur within 20 feet of the boundary of any Class II Steep Slope area. Invasive species or noxious vegetation (as defined by the State of Pennsylvania) may be cleared from within the grading setback, provided no ground disturbance will occur and provided such clearing does not destabilize areas experiencing concentrated runoff of stormwater or impact from a 100-year frequency storm event. Trees of eight-inch caliper (DBH) or less may be removed from the twenty-foot setback provided stumps are left in place.
(3)
Slopes regulated by this section shall not consist of man-made slopes that can clearly be determined as such by the Township as verified by the landowner. It shall be the responsibility of the landowner to submit documentation and verification of man-made slopes; otherwise, all slopes as defined by this article shall be subject to the regulations of this article.
D.
Additional conditions. Protection of Class I slopes may be reduced by conditional use approval of the Township Council. Conditional use approval may grant only up to an additional 20% disturbance of Class I slopes (50% total) beyond the required protection standard (70%). Further, as a condition of any such approval of disturbance, in addition to any conditions imposed by Township Council, the owner shall also be required to identify all existing trees of greater than eight-inch caliper, within the boundary of, and within 20 feet of the boundary of the Class I slope area to be disturbed (exceeding 30%) and all such trees within this boundary, whether specifically identified to be removed due to grading activity, or not, shall be replaced in accordance with Township tree replacement requirements of this article. Trees identified as invasive species or noxious by the State of Pennsylvania will not have to be replaced.
E.
Permitted uses. With the exception of prohibited uses or uses permitted by conditional use approval identified below, permitted uses shall include any use or activity conforming to this section and article and also permitted by the underlying zoning district. Municipal uses and municipal recreational uses (and related accessory uses) are permitted, provided such uses are in the best interest of Township residents and property owners at large, disturbance from such uses can be permanently stabilized quickly and effectively, and such uses are designed and constructed in accordance with Clean Streams Law,[2] Pa. Code Chapter 102, and to the maximum extent possible, Chapter 198, Stormwater Management.
[2]
Editor's Note: See 35 P.S. § 691.1 et seq.
F.
Uses permitted by conditional use.
(1)
Uses approved pursuant to Subsection E, above.
(2)
Storm sewer pipe and collection inlets.
(3)
Sanitary sewers and sewage pumping stations.
(4)
Utilities such as electric gas, water, cable TV and the like.
(5)
Roads and driveways only when no viable alternative alignment or location is feasible, provided that such roads and driveways are aligned predominantly parallel to the contours.
(6)
Agricultural structures and cultivation.
(7)
Conservation and recreation use, including structures associated with recreation uses.
(8)
Accessory uses and structures customarily incidental to the foregoing.
G.
Prohibited uses.
(1)
Cut and fill, other than in association with any approved uses pursuant to this section and the underlying zoning district.
(2)
Soil, rock or mineral extraction and/or removal, other than in association with any approved uses pursuant to this section and the underlying zoning district.
(3)
Removal of topsoil, other than in association with any approved uses pursuant to this section and the underlying zoning district.
(4)
On-lot sewage treatment facilities.
(5)
Stormwater management infiltration, retention or detention facilities.
(6)
Logging and/or clearing of vegetation except as otherwise permitted pursuant to § 275-151, Forestry and timber harvesting, this section, or superseding law or regulations.
H.
Use of land in the steep Slope Conservation District. All applicants for any use of land within the Steep Slope Conservation District shall be subject to the following requirements:
(1)
The applicant must submit the following materials and information to the Township for review:
(a)
Plans drawn to a scale of at least one inch equals 50 feet, sealed by a registered professional engineer or land surveyor, depicting the location, dimensions and elevation of the property and the additional information below.
(b)
Existing and proposed uses and development.
(c)
Existing and proposed contours at two-foot intervals.
(d)
The location and boundaries of Class I and Class II slopes (and required setbacks) as described in this section.
(e)
Limit of proposed ground disturbance whether by grading, stripping of topsoil or clearing of vegetation.
(f)
A detailed tabulation of existing slope areas and proposed disturbance of such slope areas.
(g)
Soil information and potential erodibility of soils to be disturbed.
(h)
Existing woodlands to be removed and tabulation of any required replacement trees or areas of other natural resources to be preserved in excess of the minimum standards of the Township Code.
(i)
Proposed means and methods for stabilization of regulated slope areas to be disturbed as described in this article.
(2)
Plans submitted by all applicants for use of land within the Steep Slope Conservation District shall be reviewed by the Township Zoning Officer, and if requested by the Zoning Officer, by the Township Engineer, prior to being considered for approval by the Township.
§ 275-163 Woodlands and trees.
A.
The disturbance of woodlands and trees shall be in compliance with all applicable provisions of this article and other Township ordinances, as may be applicable. The purpose of this section is to provide reasonable controls governing the disturbance of woodlands and trees associated with all site alterations, grading, filling or clearing of vegetation and all subdivision and land development activities. Woodlands shall be considered an area of trees of greater than eight-inch caliper (DBH) or greater, forming a contiguous canopy of 0.25 acre or greater. The following standards shall apply to all woodland disturbance:
(1)
No more than 50% of woodlands shall be disturbed on a parcel. Township Council, in their sole discretion, may grant conditional use approval to no more than 70% of woodlands to be disturbed, provided that the additional woodlands disturbance is offset by preservation of an equal or greater area of Class I or Class II slopes in excess of the minimum protection requirements of this article. Compliance with the requirements of the tree replacement provisions of this article shall be required when a conditional use is approved for woodlands disturbance exceeding 50% on a parcel.
(2)
All wooded areas and trees which are required to be preserved shall be considered to be located in a Tree Protection Zone (TPZ) and shall remain in their natural condition with the natural forest understory and ground cover left intact.
(3)
Should any existing viable vegetation within the TPZ be irreparably damaged during construction or site preparation activities and, as a consequence thereof, die within two years of the conclusion of construction or site preparation activities, such trees shall be replaced in accordance with the requirements of this section (tree replacement requirements).
(4)
The removal or destruction of each viable tree within the TPZ is prohibited without approval from the Township or its appointed representative.
(5)
All woodlands and trees removed from a site within three years of a property development proposal, including those removed in accordance with § 275-151, Forestry and timber harvesting, shall be replaced in accordance with this section.
(6)
Tree replacement requirements. When trees are unable to be preserved, the landowner or developer shall plant replacement trees on the subject property, or if approved by the Township, plant replacement trees on Township owned public land or pay a fee-in-lieu, in accordance with the following:
(a)
One tree of not less than 2 1/2 inches to three inches in caliper for each tree of eight inches up to 12 inches in DBH to be destroyed.
(b)
Two trees of not less than 2 1/2 inches to three inches in caliper for each tree from 12 inches up to 24 inches in DBH to be destroyed.
(c)
Three trees of not less than 2 1/2 inches to three inches in caliper for each tree of 24 inches or more in DBH to be destroyed.
(7)
The following activities are specifically exempted from the tree replacement requirements:
(a)
Removal of diseased or dead trees, noxious plants and other invasive species as defined by the Commonwealth of Pennsylvania.
(b)
Removal of trees which are in such a condition or physical position as to constitute a danger to the structures or occupants of properties or a public right-of-way.
(c)
Removal of up to eight trees per acre of woodland per year, not to exceed an annual total of 16 trees per parcel as defined in this chapter, or any combination of adjoining lots in common ownership which are eight inches or more in diameter, measured at breast height (DBH). This exemption is in addition to the exemptions in Subsection A(7)(a) and (b) hereof.
§ 275-164 Other natural resources.
Other natural resources, including but not limited to floodplains, riparian corridor, wetlands, and Waters of the United States, shall be subject to all applicable Township ordinances and state and federal regulations and shall be shown on all plans required for development.
§ 275-165 Setbacks from natural resources.
The minimum building setbacks of the designated zoning district shall be measured from the limit of the below-specified protected natural resources rather than from the lot lines so that the required minimum yard is free from protected natural resources. Resources requiring these setbacks are riparian corridor, floodplains, wetlands, Waters of the United States, Class II slopes (25% or greater), ponds, and lakes. Where a conflict arises between provisions, the stricter provision shall control.
§ 275-166 Restriction on future development.
All areas required to be protected under this article and all land area required to be kept as open space or to otherwise be protected under the Township's ordinances shall be restricted from future development and/or subdivision, whether through deed restriction, easement, or other instrument that runs with the land in perpetuity and puts future landowners and occupants on notice of the restrictions and land to be protected. The document evidencing the restriction shall also state whether any conditional use approval was granted under this article, and the details of such approval, including the date of the approval and approval terms and conditions. Requests to amend or alter such restrictions by future landowners to disturb natural resources protected by this article beyond that which is permitted in the restriction shall require conditional use approval from Township Council.
§ 275-167 Conditional use.
The Township Council may grant conditional use approval to permit disturbances of percentages of natural resources greater than those set forth in this article, including when optimization of protection of the most highly valued natural resources on the site require deviations from the standards in this article. The Township Council, in its sole discretion, shall consider conditional use approval applications applying the standards and procedures hereafter set forth including all applicable standards of Article XXVII of this chapter. A single application shall be submitted for any natural resource proposed to be protected to a percentage less than that required under this article.
A.
Application procedure.
(1)
The applicant shall submit an existing features plan prepared in accordance with the requirements of Chapter 210, Subdivision and Land Development. If the applicant is not otherwise required to prepare an existing features plan that complies with Chapter 210, Subdivision and Land Development, it shall prepare one to accompany its conditional use application.
(2)
The applicant shall prepare a tabulation of existing natural resource areas and proposed disturbance area of each natural resource. The plan shall demonstrate that proposed improvements (which will result in resource disturbance) can be constructed within the boundary of those areas desired to be disturbed.
(3)
The natural resource areas to be left undisturbed shall be protected in accordance with the provisions of this article.
B.
The Township Council, in its sole discretion, may grant conditional use approval to permit certain natural resources to be preserved in a percentage less than the by-right protection standard provided for in this article and other Township ordinances, when it determines, after applying the standards and procedures set forth below and in this article, that a lesser percentage of protection is warranted and furthers the purposes of this article and this chapter. In no event may the Township Council grant conditional use approval for less than the minimum percentage of protection specified in this article.
(1)
General standards. The Township Council shall consider the following factors in determining whether to permit the applicant to disturb one or more natural resources on the site to a greater degree than the by-right protection standards.
(a)
The degree of modification proposed to natural resources impacting the topographic, soil and vegetation resources and the techniques proposed to mitigate potential adverse environmental impacts.
(b)
The effect the development of the natural resources would have on adjacent properties.
(c)
The best layout and design for the development of the site which, at the same time, protects the greatest percentage of valuable natural resources and most nearly achieves the goal of sustainability for the subdivision, land development, or other development, and the community surrounding the subdivision, land development, or other development.
(d)
The extent to which additional disturbance aids in the optimal protection of the natural resources of the Township from a holistic perspective, achieves the objectives of the Comprehensive Plan, and assures the sustainability of the community of which the subdivision, land development or other development is a part.
(2)
Any use(s) or structure(s) approved as a conditional use shall provide evidence that:
(a)
The natural resources are being proposed for development since no other alternative location is feasible or practical.
(b)
Earthmoving activities and vegetation removal will be conducted only to the extent necessary to accommodate proposed uses and structures and in a manner that will not cause excessive surface water runoff, erosion, sedimentation and unstable soil conditions.
(c)
Mitigation techniques will be utilized, including but not limited to retaining walls, erosion control blanket, the establishment of low-maintenance ground covers and/or low-spreading shrubs and the like, and replacement of removed vegetation with suitable similar vegetation or rapid-growth plant species. Such techniques shall be evidenced through the submission of plans and construction details which depict, delineate and otherwise describe the development proposal.
(d)
Grades created as a result of disturbance of slopes can be properly and safely maintained both during and post-construction.
(e)
Proposed buildings and structures will be of sound engineering design and footings will be designed in response to the site's slope, soil and bedrock characteristics. Such design shall be evidenced through the submission of plans and construction details which depict, delineate and otherwise describe the development proposal.
C.
Standards specific to certain natural resources. The Township Council shall also consider and apply the following natural-resource-specific criteria in determining whether to approve a conditional use application under this section:
(1)
Woodland area disturbance.
(a)
Groundwater and surface water stabilization. The removal of wooded areas shall not adversely impact groundwater and surface water by altering the water table by removing vegetation that would otherwise provide a mechanism for water assimilation through the evapotranspiration process.
(b)
Ecological impact. The removal of wooded areas shall not adversely impact the existing biological and ecological systems, or the microclimatic conditions which directly affect these systems, including the effects of removal of a part of the woodland on the health of the remainder.
(c)
Air movement. The removal of wooded areas shall not significantly reduce the ability of existing vegetation to reduce wind velocity to the degree that it would substantially impact the remainder of the woodland.
(d)
Wooded areas providing habitat for threatened and/or endangered species shall not be disturbed and shall be contained in a Tree Protection Zone.
(e)
Scenic impacts. The removal of wooded areas shall not have an adverse impact upon the scenic value of the property.
(f)
Township Council may not grant conditional use approval unless the applicant proposes equal or greater protection to other natural resources such as woodlands and riparian corridor, than the relevant by-right protection standards under this article or other Township ordinances, if such other resources exist on the parcel.
(g)
The Township Council shall consider the extent to which the proposed vegetation disturbance hinders and/or removes invasive plant species, and/or promotes growth and/or spread of invasive plant species. Township Council may impose conditions to prevent the growth and/or spread of invasive plant species.
(2)
Class I Steep Slope Area protection.
(a)
The effect protecting less than the standard percentage of steep slopes would have on adjacent properties, particularly when such slopes abut another lot or tract of land.
(b)
The extent to which protection of less than the standard percentage of steep slopes would result in excessive grading, landform alteration and extensive vegetation removal.
(c)
The extent to which the ecological balance may be disturbed by increased runoff, flooding, soil erosion and sedimentation, blasting and ripping of rock, landslide and soil failure.
(d)
The extent to which steep slopes can be protected as open space and other uses which are compatible with preservation of natural resources and protection of areas of environmental concern.
(e)
Township Council may not grant conditional use approval unless the applicant proposes equal or greater protection to other natural resources, such as woodlands and riparian corridor, than the relevant by-right protection standards under this article or other Township ordinances, if such other resources exist on the parcel. The Township Council shall consider the extent to which the reduction of slope protection will adversely impact the natural resources sought to be protected to a greater extent. It shall also consider the extent to which the added natural resource protection mitigates or minimizes adverse impacts from reduction of slope protection. Township Council may impose conditions accordingly.
