Floodplain. Those areas within the one-hundred-year flood boundary and the approximate one-hundred-year flood boundary as defined in Part 2 and delineated in the Flood Insurance Study prepared for New Hanover Township. These areas shall not be altered, regraded, filled or built upon except in conformance with § 27-2103, Floodplain Regulations. Roads may cross the floodplain where design approval is obtained from the Township or Pennsylvania Department of Environmental Protection, and where no other reasonable access is available.

Floodplain Soils.

Steep Slopes. In areas of steep slopes, the following standards shall apply:

Woodlands. In the R-2 and R-2M districts, nor more than 20% of such areas shall be altered, regraded, cleared or built upon. In all other zoning districts, no more than 50% of such areas shall be altered. Any permitted clearing or alteration of woodland area shall be undertaken to maintain, where possible, a continuous canopy of trees where a continuous canopy and/or hedgerow exists.

Mature Trees. In all zoning districts other than R-2 and R-2M, no more than 40% of such trees shall be cleared, with the following exceptions:

Streams, Watercourses, Wetlands or Ponds.

Pond Shorelines. No more than 20% of each pond shoreline shall be altered, regraded, filled or built upon.

Wetland Margin. No more than 20% of such areas shall be altered, regraded, filled or built upon.

Overlapping Resources. In the event that two or more resources identified in Subsection 1A through H overlap:

Tree Protection Standards. Tree protection standards, as stated in Chapter 22, Subdivision and Land Development, shall be met prior to any site alteration, regrading, clearing, building, construction or development.

Riparian Corridors. Riparian corridors shall be protected per the standards outlined in § 27-2111, Riparian Corridor Conservation District.

Zoning permit applications for the uses listed in this subsection need not be accompanied by the information specified in Subsection 1B and C, below. However, the resource protection standards of § 27-2101, Subsection 1A through H, shall be met. No regrading, clearing, filling, cutting of trees, building or development that would violate these protection standards shall take place.

Zoning permit applications and subdivision or land development applications listed in this subsection shall be accompanied by a site plan that provides the following information. All lots shall have a contiguous building envelope of at least an area as indicated below within the overall lot. The purpose of the building envelope is to provide sufficient area for the general location of the building, driveway, parking areas, patios, other improvements and site alterations while meeting the natural resource protection standards of § 27-2101, Subsection 1A through H, and the minimum setback requirements of this chapter. However, preexisting, nonconforming lots as to the dimensional standards of this chapter are exempted from the terms of this Subsection 1B, as long as they comply with the performance standards set forth within this chapter. This provision shall apply to principal and accessory uses specified in Subsection 1B(1) below.

The following site capacity calculations shall be submitted with applications for all other uses including Use B2 Performance Standard Development or Use B3 Mobile Home Park. Through these calculations, the net buildable site area, the maximum number of lots or dwelling units, the maximum amount of impervious surfaces and the required open space will be determined for the specific site. The required open space shall be the minimum open space as related to the minimum open space ratio specified in § 27-305, Use Regulations, or the combination of the calculated resource protection land and recreation land, whichever is the greater amount. Areas identified as resource protection land shall be included in the required open space for these uses.

Purpose. The purpose of these provisions is to prevent the loss of property and life, the creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief and to protect the tax base by:

Warning and Disclaimer of Liability.

Establishment of Floodplain Areas. For the purpose of this chapter, various floodplain areas are identified which are subject to the provisions of this section. These floodplain areas are:

Use of Floodplain Areas.

Floodway Area and Flood Fringe Area Regulations.

Approximate One-Hundred-Year Flood Boundary Area and Floodplain Soils Area Regulations. Along those portions of streams and watercourses where the floodways and flood fringe areas, as defined in "floodplain," have not been determined, one of the two following regulations pertaining to the approximate one-hundred-year flood boundary areas and floodplain soils areas shall apply:

Development Which May Endanger Human Life. Any new or substantially improved structure which will be used for the production or storage of any of the following dangerous materials or substances or which will be used for any activity requiring the maintenance of a supply of any dangerous materials or substances on the premises including, but not limited to, the following, shall not be permitted in areas identified as a floodplain:

Special Requirements for Mobile Homes. No mobile home shall be permitted in the areas identified in Subsection 3C, except as a nonconforming use which predates the enactment of floodplain regulations in the Township. In floodplain areas, any new mobile homes or mobile homes placed in an existing mobile home park on an existing mobile home lot shall be anchored to resist flotation, collapse or lateral movement by providing over-the-top and frame ties to ground anchors in accordance with the American National Standards as specified in the Standard for Installation of Mobile Homes, including Mobile Home Park Requirements (CNFPA No. 501) (A-1984 CANSI A119.3-1975) as amended for mobile homes in hurricane zones or other standards such as the following:

Existing Structures in the Floodplain Areas. A structure or use of a structure or premises which lawfully existed before the enactment of these provisions, but which is not in conformity with these provisions, may be continued subject to the following conditions:

Anchoring, Elevation and Flood Proofing Requirements.

Design and Construction Standards.

Prohibited Activities in the Floodplain Areas. In addition to the requirements of Subsection 3E, of this section, the following activities shall be prohibited within any identified floodplain area of the Township:

Variances. If compliance with any of the requirements of this section would result in an exceptional hardship for a prospective building, developer or landowner, the Zoning Hearing Board may, upon request, grant relief from the strict application of the requirements. All requests for variances shall be considered by the Zoning Hearing Board in accordance with the following:

Definitions. For purposes of this section, the following definitions shall apply:

Performance standard developments and mobile home parks shall meet the open space requirements of this chapter. The plan shall contain or be supplemented by such material as required to establish the method by which open space shall be perpetuated, maintained and administered. The plan and other materials shall be construed as a contract between the landowner(s) and the Township, and shall be noted on all deeds.

The public recreation area requirement for the R-2M Residential or R-2 Residential Zoning Districts may, at the discretion of the Board of Supervisors, be included within the required permanently preserved open space and count toward the minimum open space requirement.

The public recreation area requirement for the TN Traditional Neighborhood Zoning Districts may, at the discretion of the Board of Supervisors, be included within the open space/recreation area and count toward the minimum open space requirement.

Lawn. A grass area with or without trees which may be used by the residents for a variety of purposes and which shall be mowed regularly to insure a neat and orderly appearance.

Natural Area. An area of natural vegetation undisturbed during construction, or replanted. Such areas may contain pathways. Meadow shall be maintained as such and not left to become weed-infested. Maintenance may be minimal, but shall prevent the proliferation of weeds and other undesirable plants such as honeysuckle and poison ivy. Litter shall be removed and streams shall be kept in free flowing condition.

Recreation Area. An area designated for a specific recreational use including, but not limited to, tennis, swimming, shuffle board, playfield and tot lot. Such areas shall be maintained so as to avoid creating a hazard or nuisance and shall perpetuate the proposed use.

Garden Area. An area designated for family vegetable plots.

Stormwater Management. None of the required open space may be used for stormwater detention or retention, except as provided for § 27-305, Subsection 2B.

Condominium. The open space may be controlled through the use of condominium agreements. Such agreements shall be in conformance with the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq. All open space land shall be held as "common element." Such land shall not be eligible for sale to another party except for transfer to another method of ownership permitted under this section and then only where there is no change in the open space ratio.

Homeowners' association. The open space may be held in common ownership by a homeowner's association. This method shall be subject to all the provisions for homeowners associations set forth in Article VII of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10701 et seq.

Fee-Simple Dedication. The Township may, but shall not be required to, accept any portion or portions of the open space provided: (1) such land shall be freely accessible to the public; (2) there shall be no cost to the Township involved; (3) the Township agrees to and has access to maintain such lands; and (4) the open space shall be in an acceptable condition of the Township at the time of transfer with regard to size, shape, location and improvements. Refer to Subsection 4D for additional requirements.

Dedication of Easements. The Township or county may accept, but shall not be required to accept, easements to any portion or portions of the open space. In such case, the land remains in the ownership of the individual, condominium, or homeowners' association while the easements are held in public ownership. The county shall accept the easements only in accordance with the provisions of Act 442, 32 P.S. § 5001 et seq., and county plans. The Township may accept such easements as it sees fit. In either case, there shall be no cost to the county or Township for acquisition or maintenance. The Township may require this method where it seems this is the most appropriate way of preserving land in open space. In performance standard developments and mobile home parks, this provision for the ownership and preservation of open space cannot be used except for open space land incorporated in required buffer yards.

Transfer to a Private Conservation Organization. With permission of the Township, an owner may transfer either the fee simple title, with appropriate deed restrictions running in favor of the Township, or easements to a private, nonprofit organization, among whose purposes is to conserve open space land and/or natural resources provided that: (1) the organization is acceptable to the Township and is a bona fide conservation organization with perpetual existence; (2) the conveyance contains appropriate provision for proper reverter or retransfer in the event that the organization becomes unwilling or unable to continue carrying out its functions; and (3) a maintenance agreement acceptable to the Township is entered into by the developer and the organization.

Deed Restrictions. (1) Natural resource protection open space, as required by this chapter, may be held in the ownership of the individual property owners of residential developments. This form of ownership of open space will be subject to the following requirements: (a) it will be limited to residential uses that do not require common open space; (b) it may be used only if approved by the Township; (c) restrictions meeting Township specifications must be placed in the deed for each property that has natural resource protection areas within its boundaries. The restrictions shall provide for the continuance of the resource protection areas in accordance with the provisions of this chapter; (d) it will be clearly stated in the individual deed that the maintenance responsibility lies with the individual property owner. (2) For nonresidential uses, buffer yards and areas of natural resource features may be held with the ownership of the entire parcel provided the buffer yards and natural features are deed restricted to ensure their protection and continuance. (3) In the case of residential developments where all of the units are rental, the open space land may be in the same ownership as that of the development provided that the land is deed restricted to ensure its protection and continuance and that a maintenance agreement suitable to the Township is provided. (4) For any of these options the Township may accept, but is not required to accept, an easement to the open space land in the development.

The provisions of this chapter which permit transferable development rights allow landowners in areas of New Hanover Township proposed for preservation, called sending areas, to sell the right to develop all, or a portion of, their land to landowners in areas of New Hanover Township proposed for additional development, called receiving areas. The transferable development rights provisions set forth below are specifically authorized under §§ 603(c)(2.2) and 619.1 of the Pennsylvania Municipalities Planning Code, 53 P.S. §§ 10603(a)(2.2), 10619.1, under the terms of which development rights are acknowledged to be severable and separately conveyable from a sending area to a receiving area.

When landowners in the sending area sell their right to develop all or a portion of their land, they must deed restrict that portion of land from which development rights are sold against any future development, although it may still be used for purposes that do not involve development, such as agriculture or forestry. When landowners in the receiving area buy the development rights from landowners in the sending area, they receive the right to build more density on their land than they would have been allowed if they had not purchased development rights.

Sending Area Qualifications. Owners of tracts that meet the following requirements may sell their development rights:

Receiving Area Qualifications and Calculations. Owner's tracts, which meet the following requirements, may use development rights that are purchased from sending area landowners:

The number of development rights that may be sold shall be based upon the maximum number of single-family detached dwellings which are permitted to be developed on the net developable area of the sending area tract under the zoning regulations for the district in which the tract is located.

The landowner shall cause a sending area calculation plan ("plan") of the property to be prepared by a qualified registered professional. The plan shall be subject to review and approval by the Township staff and consultants in accordance with the professional registration laws of the Commonwealth of Pennsylvania which depicts:

The sending area calculation plan must be by-right and not require any type of relief from this chapter or Chapter 22, Subdivision and Land Development, in order to be developed as proposed. The sending area calculation plan shall also indicate the number of sending units permitted and proposed.

Calculation of Potential Residential Development in Receiving Sites. Landowners in receiving districts have the right to build one and one-tenth additional dwelling units in addition to what is otherwise allowed pursuant to this chapter and Chapter 22, Subdivision and Land Development, for each residential development right purchased.

Calculation of Potential Nonresidential Development in Receiving Sites. Landowners in receiving districts have the right to build 1,000 additional square feet of nonresidential space in addition to what is otherwise allowed pursuant to this chapter and Chapter 22, Subdivision and Land Development, for each nonresidential development right purchased.

In order to achieve the density permitted in this section for receiving parcels, the applicant must purchase one development right for each additional 1 1/10 dwelling unit or 1,000 square feet of nonresidential floor area proposed.

Except for retained development rights (not to be transferred), the sending tract must be permanently restricted from future development by a conservation easement or other restrictive covenant, which meets the following requirements:

A conservation plan for the sending parcels prepared by the applicant or at the expense of the applicant that has been reviewed and approved by the Township shall be recorded with and enforceable as part of the restrictive covenant. This conservation plan shall:

Where development rights are retained for agricultural uses, nonresidential accessory structures permitted within the underlying zoning district may be installed at the discretion of the Township.

Agricultural uses not in keeping with the intent statement of this section may be restricted or denied by the Township.

Should New Hanover Township acquire ownership of the sending lands, the land may be used for active or passive recreation coincidental with municipal purposes that allow for possible municipal uses and continue to promote the conservation of open space and preservation of view sheds.

Applicants shall submit a preliminary plan showing development with purchase of development rights; this plan shall meet the requirements of Chapter 22, Subdivision and Land Development. Along with the preliminary plan, applicants shall submit:

In order to receive final plan approval, the applicant must agree to record restrictive covenants for all sending area land whose development rights are being used by the applicant. These restrictive covenants must meet the requirements of Subsection 8, above. The restrictive covenant on the sending area land shall be recorded first, followed by a deed of transfer, in accordance with the provisions of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq., as amended, which transfers the development rights from the sending area landowner to the receiving area landowner.

Improve surface water quality by reducing the amount of nutrients, sediment, organic matter, pesticides, and other harmful substances that reach watercourses, wetlands, subsurface, and surface water bodies by using scientifically-proven process including filtration, deposition, absorption, adsorption, plant uptake, and denitrification, and by improving infiltration, encouraging sheet flow, and stabilizing concentrated flows.

Improve and maintain the safety, reliability, and adequacy of the water supply for domestic, agricultural, commercial, industrial, and recreational uses along with sustaining diverse populations of aquatic flora and fauna.

Preserve and protect areas that intercept surface water runoff, wastewater, subsurface flow, and/or deep groundwater flows from upland sources and function to remove or buffer the effects of associated nutrients, sediment, organic matter, pesticides, or other pollutants prior to entry into surface waters, as well as provide wildlife habitat, moderate water temperatures in surface waters, attenuate flood flow, and provide opportunities for passive recreation.

Regulate the land use, siting, and engineering of all development to be consistent with the intent and objectives of this chapter, accepted conservation practices, and to work within the carrying capacity of existing natural resources.

Assist in the implementation of pertinent state laws concerning erosion and sediment control practices, specifically 25 Pa.Code, Chapter 102, Erosion and Sediment Control, and any subsequent amendments thereto, as administered by the Pennsylvania Department of Environmental Protection and the Montgomery County Conservation District.

Conserve the natural features important to land or water resources (e.g., headwater areas, groundwater recharge zones, floodway, floodplain, springs, streams, wetlands, woodlands, prime wildlife habitats) and other features providing recreational value or containing natural amenities that exist on developed and undeveloped land.

Work with floodplain, steep slope, and other ordinances that regulate environmentally sensitive areas to minimize hazards to life, property, and riparian features.

Recognize that natural features contribute to the welfare and quality of life of New Hanover Township residents.

Conserve natural, scenic, and recreation areas within and adjacent to riparian areas for the community's benefit.

Definition. The Riparian Corridor Conservation District is defined as an overlay district consisting of:

Application. The Riparian Corridor Conservation District applies to the streams, wetlands, and water bodies, and the land adjacent to them, as specified in the following table:

Zone Designation Adjustments for Steep Slopes. Where steep slopes in excess of 25% are located within 75 feet of a stream identified in Subsection 2B(1) or Subsection 2B(2), above, the area of steep slopes shall be designated as Zone 1, consistent with the following:

Identification and Width Determination. The applicant shall be responsible for the following:

Establishment.

Zones 1 and 2. At least half of any required yard setback area, for any individual lot, must be entirely outside of the Riparian Corridor Conservation District.

Zone 1.

Zone 2.

Buildings and any other type of permanent structure, except structures needed for a use identified in Subsection 3 of this section.

Roads or driveways, except where permitted as corridor crossings in compliance with Subsection 3 of this section.

Motor or wheeled vehicle traffic in any area not designed to adequately accommodate the vehicle type and volume.

Parking lots.

Clear cutting of trees and other vegetation.

Clearing of vegetation, except where such clearing is necessary to prepare land for a use permitted in Subsection 3 of this section and where the effects of these actions are mitigated by revegetation in accordance with Subsection 8A of this section.

Removal of trees in excess of selective cutting, except where such removal is necessary as a means to eliminate dead, diseased, or hazardous tree stands that jeopardize public safety or as part of a reforestation project, provided that the removal is in compliance with a corridor management plan approved by the Board of Supervisors or its appointed representative.

Removal or disturbance of vegetation in a manner that is inconsistent with erosion control and riparian corridor protection.

Storage of any hazardous, toxic, or noxious materials.

Use of fertilizers, pesticides, herbicides, and/or other chemicals in excess of prescribed industry standards or the recommendations of the Montgomery County Conservation District.

Subsurface sewage disposal systems.

Sod farming.

Stormwater basins, including necessary berms and outfall facilities.

When a landowner or applicant disputes the boundaries of the Riparian Corridor Conservation District, Zone 1 boundary, Zone 2 boundary, defined edge of the waterway or the defined edge of the waterway determined by the location of the one-hundred-year floodplain, the landowner or applicant shall submit evidence to the Township that describes the boundary, presents the landowner or applicant's proposed boundary, and presents all justification for the proposed boundary change.

The Board of Supervisors, in consultation with Township Engineer and/or Township appointed representative, shall evaluate all materials submitted. The Board of Supervisors shall make a written determination within 45 days, a copy of which shall be submitted to the Board of Supervisors, Township Planning Commission, and landowner or applicant.

Any party aggrieved by any such determination or other decision or determination under this section may appeal to the Zoning Hearing Board under the provisions of Part 27 of this chapter. The party contesting the location of the district boundary shall have the burden of proof in case of any such appeal.

Lands within or adjacent to a Riparian Corridor Conservation District may be inspected by a Township representative when:

The district may also be inspected periodically by a Township representative for compliance with an approved restoration plan, excessive or potentially problematic erosion, hazardous trees, or at any time when the presence of an unauthorized activity or structure is brought to the attention of Township officials.

Riparian Corridor Planting. Re-establishment of forest cover and woodland habitat shall be required consistent with the requirements of the landscape regulation within Chapter 22, Subdivision and Land Development.

Mitigation Measures.

Corridor Crossing Criteria. All corridor crossings permitted under Subsection 3, herein, shall incorporate, as required, the following design standards.