North Coventry Township
City Zoning Code
City Zoning Code
ARTICLE IX
Overlay Districts
§ 370-27 General applicability.
Overlay districts shall be used in accordance with the following application:
A.
For the purposes of this chapter, the overlay districts described in this article shall be overlays to the existing underlying districts as shown on the Official Zoning Map, and as such, the provision for each of these districts shall serve as supplements to the underlying district provisions. However, all other provisions of all other articles of this chapter and all other ordinances of the Township shall remain in full force.
B.
In those areas of the Township where an overlay district applies, the provisions of the overlay district shall be imposed in addition to the requirements of the underlying zoning district(s). In the event that a conflict exists between overlay and underlying districts, the more restrictive provision shall apply.
C.
Should the boundaries of an overlay district be revised as a result of legislative or administrative actions or judicial decision, the underlying zoning requirements shall continue to be applicable.
§ 370-28 Flood Plain Conservation Overlay District.
[Amended 9-25-2005; 9-11-2017 by Ord. No. 30]
A.
Purpose. In addition to the general goals listed in the statements of Purpose, § 370-2, and Community development objectives, § 370-3, the purpose of this overlay district is:
(1)
To promote the general health, welfare, and safety of the community.
(2)
To minimize to the greatest extent possible the removal of natural vegetation in the floodplain, as well as any manipulation, including compacting, of the natural soil mantle.
(3)
To maximize the porosity and permeability of the natural floodplain, maximize its quantitative flood-carrying capacity, and maximize its ability to slow flood flows through the retention of existing vegetative cover, and to provide maximum water quality filtering potential.
(4)
To reduce financial burdens imposed on the community, its government and its individuals by preventing excessive development in areas subject to periodic flooding.
(5)
To require all those uses, activities, and developments that do occur in flood-prone areas to be protected and/or floodproofed against flooding and flood damage through the use of appropriate construction practices.
(6)
To regulate uses, activities, and development which, acting alone or in combination with other existing or future uses, activities, and development, will cause unacceptable increases in flood heights, velocities, and frequencies.
(7)
To restrict or prohibit certain uses, activities, and development from locating within areas subject to flooding.
(8)
To comply with the provisions of the National Flood Insurance Program and the Pennsylvania Flood Plain Management Act (Act 1978 - 166).
(9)
The Legislature of the Commonwealth of Pennsylvania has, by the passage of the Pennsylvania Flood Plain Management Act of 1978, delegated the responsibility to local governmental units to adopt floodplain management regulations to promote public health, safety, and the general welfare of its citizenry. Therefore, the Board of Supervisors of the Township of North Coventry does hereby order as follows.
(10)
This Article supersedes any other conflicting provisions which 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 article, the more restrictive shall apply.
(11)
If any section, subsection, paragraph, sentence, clause, or phrase of this article shall be declared invalid for any reason whatsoever, such a decision shall not affect the remaining portions of the article, which shall remain in full force and effect, and for this purpose the provisions of this article are hereby declared to be severable.
(12)
The Zoning Officer is hereby appointed to administer and enforce this article and is referred to herein as the Floodplain Administrator. The Floodplain Administrator may: (A) fulfill the duties and responsibilities set forth in these regulations, (B) delegate duties and responsibilities set forth in these regulations to qualified technical personnel, plan examiners, inspectors, and other employees, or (C) enter into a written agreement or written contract with another agency or private sector entity to administer specific provisions of these regulations. Administration of any part of these regulations by another entity shall not relieve the community of its responsibilities pursuant to the participation requirements of the National Flood Insurance Program as set forth in the Code of Federal Regulations at 44 CFR 59.22.
(13)
The Floodplain Administrator shall maintain in perpetuity, or for the lifetime of the structure, all records associated with the requirements of this article including, but not limited to, finished construction elevation data, permitting, inspection and enforcement.
B.
General provisions. The provisions of this article shall apply to all areas of North Coventry Township located within the boundaries of any Flood Plain Conservation District, as established by Article IX.
(1)
Compliance. No structure shall be constructed and no existing structure shall be enlarged, converted, relocated or structurally altered, and no area shall be graded, filled, or excavated in any Flood Plain Conservation District except in full compliance with the terms and provisions of this article and other applicable regulations.
(2)
Permit required. A zoning permit shall be required for all activities which include, but are not limited to, constructing, demolishing, or moving buildings or other structures, paving, filling, grading, excavation, mining, dredging or drilling operations, or the storage of materials and equipment.
(3)
Disclaimer of liability.
(a)
The degree of flood protection sought by the provisions of this article is considered reasonable for regulatory purposes and is based on the use of normal and customary engineering methods of study. Floods which exceed the levels anticipated in this article may occur on rare occasions, and floodwater heights may be increased by man-made or natural causes. In such events, areas outside identified floodplains and land uses permitted within such areas may be subject to flooding or flood damage, regardless of the adherence to the standards of this article.
(b)
The adoption of this article and chapter, the granting of a permit, or the issuance of any administrative decision under this chapter shall not constitute a representation, guarantee, or warrant by North Coventry Township or by any official, agent or employee thereof, of the practicability or safety of any structure or land use with respect to damage from flooding, collapse, erosion or otherwise, and shall create no liability upon or cause of action against such public body, official, agent or employee for any damage that may result pursuant thereto or as a result of reliance on this article or chapter.
(4)
Determination of areas in district. The identified floodplain area shall be those areas of North Coventry Township, Chester County, base classified as special flood hazard areas (SFHAs) in the Flood Insurance Study (FIS) dated September 29, 2017, and the accompanying Flood Insurance Rate Maps (FIRMs) and issued by the Federal Emergency Management Agency (FEMA), or the most recent revision thereof, including all digital data developed as part of the Flood Insurance Study. The above referenced FIS and FIRMs, and any subsequent revisions and amendments, are hereby adopted by North Coventry Township and declared to be a part of this article.
(a)
The identified floodplain area shall consist of the following specific areas:
[1]
The floodway area shall be those areas identified in the FIS and the FIRM as floodway and which represent the channel of a watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without increasing the water surface elevation by more than one foot at any point. This term shall also include floodway areas which have been identified in other available studies or sources of information for those special flood hazard areas where no floodway has been identified in the FIS and FIRM.
[a]
Within any floodway area, no encroachments, including fill, new construction, substantial improvements, or other development shall be permitted unless it has been demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.
[b]
Within any floodway area, no new construction or development shall be allowed, unless the appropriate permit is obtained from the Department of Environmental Protection Regional Office.
[2]
The AE Area/District shall be those areas identified as an AE Zone on the FIRM included in the FIS prepared by FEMA for which base flood elevations have been provided.
[a]
The AE Area adjacent to the floodway shall be those areas identified as an AE Zone on the FIRM included in the FIS prepared by FEMA for which base flood elevations have been provided and a floodway has been delineated.
[b]
AE Area without floodway shall be those areas identified as an AE zone on the FIRM included in the FIS prepared by FEMA for which base flood elevations have been provided but no floodway has been determined.
[i]
No encroachments, including fill, new construction, substantial improvements, or other development shall be permitted in an AE Zone without floodway, unless it has been demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the proposed development together with all other existing and anticipated development, would not result in an increase in flood levels of more than one foot within the entire community during the occurrence of the base flood discharge.
[ii]
No new construction or development shall be located within the area measured 50 feet landward from the top-of-bank of any watercourse, unless the appropriate permit is obtained from the Department of Environmental Protection Regional Office.
[3]
The A Area/District shall be those areas identified as an A Zone on the FIRM included in the FIS prepared by FEMA and for which no base flood elevations have been provided. For these areas, elevation and floodway information from other federal, state, or other acceptable sources shall be used when available. Where other acceptable information is not available, the base flood elevation shall be determined by using the elevation of a point on the boundary of the identified floodplain area which is nearest the construction site.
[a]
In lieu of the above, the municipality 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 municipality. In the absence of any of the above data or documentation, the community may require elevation of the lowest floor to be at least three feet above the highest adjacent grade.
(b)
In the event of a dispute concerning the actual boundary of the Flood Plain Conservation District, an initial determination shall be made by the Zoning Officer. Such determination by the Zoning Officer may be appealed to the Zoning Hearing Board. The burden of proof in such an appeal shall rest with the appellant. All revisions to the boundaries of the Flood Plain Conservation District are subject to the review and approval of the Federal Insurance Administrator for the National Flood Insurance Program in accordance with its rules and regulations.
C.
District boundary change. The delineation of the Flood Plain Conservation District boundary may be revised and modified by the Board of Supervisors where there are changes through natural or man-made events and where the effects of those changes have been documented and/or recommended by the U.S. Army Corps of Engineers, Philadelphia District, the Federal Flood Insurance Administration, or FEMA. All such changes shall be subject to the review and approval of the Administrator of the National Flood Insurance Program. Additionally, as soon as practicable, but not later than six months after the date such information becomes available, a community shall notify FEMA of the changes to the special flood hazard area by submitting technical or scientific data.
D.
Uses permitted by right. The following uses and no others are permitted within the Flood Plain Conservation District, provided they are conducted in accordance with the provisions of the Clean Streams Law of Pennsylvania, Act 349 of 1937, as amended, the rules and regulations of the Pennsylvania Department of Environmental Protection, all other applicable provisions of this chapter and other local, state and federal regulations:
(1)
Agricultural uses when undertaken in accordance with an approved Conservation District farm plan.
(2)
Woodland preserve, game preserve, wildlife sanctuary or other conservation use.
(3)
Municipal or public passive recreational areas. Trails shall be naturally surfaced and constructed so as to minimize compaction.
(4)
Limited selective cutting of trees, provided that cutting is consistent with the riparian buffer standards of § 370-29B(4) and the woodland protection standards of § 370-29B(7).
(5)
Uses accessory to those permitted by the underlying zoning district, including yards and parking, provided that no structures are erected, no impervious materials are used, and no fills are placed.
E.
Special exception uses. The following uses may be permitted upon the issuance of a special exception by the Zoning Hearing Board as provided herein and in Subsection K, provided they are conducted in accordance with the provisions of the Clean Streams Law of Pennsylvania, Act 349 of 1937, as amended, the rules and regulations of the Pennsylvania Department of Environmental Protection, all other applicable provisions of this chapter and other local, state and federal regulations. In issuing any special exception, the Zoning Hearing Board may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of this chapter and the Comprehensive Plan:
(1)
Dams, culverts, impoundment basins, and bridges approved by the Pennsylvania Department of Environmental Protection and the U.S. Army Corps of Engineers, where applicable.
(2)
Sealed water supply wells and pipelines, provided they are developed with applicable best management practices.
(3)
Modifications to structures existing as of the date of adoption of this chapter, subject to the provisions of Subsection I, Flood Plain Conservation District general design and construction regulations.
(4)
Adaptive reuse of an existing building or structure in accordance with the underlying zoning district.
(5)
Road, railroad, utility crossings with no feasible alternative location, provided they are developed with applicable best management practices to achieve minimum floodplain disruption and impact.
F.
Nonconforming uses and existing structures in the Flood Plain Conservation District. All uses or structures in the Flood Plain Conservation District lawfully existing on the effective date of this article which do not conform with the provisions of this article shall be deemed to be nonconforming. Such nonconforming uses or structures may be continued, maintained, repaired, and floodproofed, except as otherwise prohibited in this article. Such nonconforming uses or structures may be improved to comply with current Pennsylvania or Township health, safety or sanitary code specifications which are solely necessary to assure safe living conditions, subject to the following conditions:
(1)
No expansion or enlargement of an existing structure and/or use shall be allowed within any floodway that would cause any increase in flood heights.
(2)
Any modification, alteration, reconstruction, or improvement of any kind to an existing structure and/or use 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.
(3)
Any modification, alteration, reconstruction, or improvement of any kind to an existing structure and/or use to an extent or amount of less than 50% of its market value shall be elevated and/or floodproofed to the greatest extent possible.
(4)
Any modification, alteration, reconstruction, or improvement of any kind that meets the definition of "cumulative substantial damage" shall be undertaken only in full compliance with the provisions of this chapter.
G.
Abandonment. Notwithstanding provisions in §§ 370-121 and 370-122 to the contrary, no abandoned nonconforming use or structure shall be reestablished, repaired, or reoccupied except in conformance with this article. The Township may require the removal of any abandoned nonconforming use or structure, upon a determination that the use or structure constitutes a threat to public safety.
H.
Prohibited uses. The following uses shall be prohibited within any designated Flood Plain Conservation District, and shall not be eligible for variance consideration:
(1)
Any activity or facility which uses in some manner substances which are toxic or injurious to human or ecological health. The production or storage of any of the following materials or substances, or any activity requiring maintenance of a supply of more than 550 gallons, or other comparable volume of such materials or substances, or any amount of radioactive substances insofar as such substances are not otherwise regulated:
(a)
Acetone;
(b)
Ammonia;
(c)
Benzene;
(d)
Calcium carbide;
(e)
Carbon disulfide;
(f)
Celluloid;
(g)
Chlorine;
(h)
Hydrochloric acid;
(i)
Hydrocyanic acid;
(j)
Magnesium;
(k)
Nitric acid and oxides of nitrogen;
(l)
Petroleum products (gasoline, fuel oil, etc.);
(m)
Phosphorus;
(n)
Potassium;
(o)
Sodium;
(p)
Sulfur and sulfur products;
(q)
Pesticides (including insecticides, fungicides, and rodenticides);
(r)
Storage of sludge and animal waste;
(s)
Other hazardous or toxic materials similar to those listed above.
(2)
Hospital, nursing home, or any other type of health care facility.
(3)
Clear-cutting of trees and other vegetation.
(4)
Jail.
(5)
Mobile home or mobile home park or any substantial improvement to an existing mobile home park.
(6)
Junkyard.
(7)
Cemeteries.
I.
Flood Plain Conservation District general design and construction regulations. Any construction or development not listed in § 370-28D, E or H above shall be prohibited except by variance. If a variance is obtained, the following standards shall apply to all new construction, including additions or improvements, and development within the Flood Plain Conservation District.
(1)
No increase in flood heights. No new construction and/or development shall be permitted within any floodway area which may cause any increase in flood heights.
(2)
Proximity to watercourses. Where permitted within any identified floodplain area, no new construction or development shall be located within the area measured 50 feet landward from the top-of-bank, whichever is greater, of any watercourse, unless a permit is obtained from the Department of Environmental Protection, Bureau of Dams, Waterways, and Wetlands.
(3)
Changes to watercourses. No encroachment, alteration, or improvement of any kind shall be made to any watercourse until all adjacent municipalities which may be affected by such action have been notified by the Township, 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 shall be notified prior to any alteration or relocation of any watercourse. No encroachment, alteration, or improvement of any kind shall be made to any watercourse unless it can be shown that the activity will not reduce or impede the flood-carrying capacity of the watercourse in any way.
(4)
Elevation of residential structures. Where permitted within any identified Flood Plain Conservation District, the elevation of the lowest floor (including basement) of any new construction or substantial improvement of a residential structure, including an existing mobile home, shall be 1 1/2 feet or more above the base-flood elevation. In addition, the manufactured home shall be placed on a permanent foundation, elevated so that the lowest floor of the manufactured home is at least 1 1/2 feet above base flood elevation, and anchored to resist flotation, collapse, or lateral movement.
(5)
Elevation or floodproofing of nonresidential structures. Where permitted within any identified Flood Plain Conservation District, the elevation of the lowest floor (including basement) of any new construction or substantial improvement of nonresidential structure shall be 1 1/2 feet or more above the base flood elevation or be floodproofed up to that height.
(6)
Floodproofing of nonresidential structures. Any nonresidential structure, or part thereof, having a lowest floor which is not elevated to at least 1 1/2 feet above the base flood elevation shall be floodproofed in a completely or essentially dry manner in accordance with the W1 or W2 space classification standards contained in the publication entitled "Floodproofing Regulations," published by the U.S. Army Corps of Engineers (June 1972 as amended), or in accordance with an equivalent standard approved by the Township Engineer. All plans and specifications for such floodproofing shall be accompanied by a statement sealed by a registered professional engineer or architect which states that the proposed design and methods of construction are in conformance with the above referenced standards.
(7)
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 (excluding basement) which will be used solely for the 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 covering or devices provided that they permit the automatic entry and exit of floodwaters.
(8)
Fill. Where 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 or construction and demolition debris shall not be permitted.
(c)
Be compacted to provide the necessary permeability and resistance to erosion, scouring or settling.
(d)
Have a slope with a ratio no greater than one foot vertical to three feet horizontal.
(e)
Be used to the extent to which it does not adversely affect adjacent properties, and does not extend closer than 10 feet to any lot line.
(9)
Drainage facilities. Storm drainage facilities shall be designed to convey the flow of stormwater runoff in a safe and efficient manner. The system shall insure proper drainage along streets and appropriate channels or pipe, and provide positive drainage away from buildings. The system shall also be designed to prevent the discharge of excess runoff onto adjacent properties.
(10)
Water and sanitary sewer facilities and systems. All water and sanitary facilities and systems shall conform to the following:
(a)
All new or replacement water and sanitary sewer facilities and systems shall be located, designed and constructed to minimize or eliminate flood damage 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.
(11)
Other utilities. All other utilities, such as gas lines, electrical and telephone systems, shall be located, elevated (where possible) and constructed to minimize the chance of impairment during a flood.
(12)
Streets. The finished elevation of all new streets shall not be below the regulatory flood elevation.
(13)
Storage. All materials that are buoyant, flammable, explosive, or, in time of flooding, could be injurious to human, animal or plant life, and not listed in Subsection H, Prohibited uses, shall be stored at or above the regulatory flood elevation and/or be floodproofed to the maximum extent possible.
(14)
Placement of buildings and structures. All buildings and structures shall be designed, located and constructed so as to offer the minimum obstruction to the flow of water and shall be designed to have a minimum effect upon the flow and height of floodwater.
(15)
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.
(c)
The design and construction requirements of the UCC pertaining to this subsection as referred to in 34 Pa. Code (Chapters 401 through 405, as amended) and contained in the 2003 IBC (Secs. 1605.2.2, 1605.3.1.2, 1612.4 and Appendix G501.3), the IRC (Secs. R301.1 and R323.1.1) and ASCE 24-98 (Sec. 5.6) shall be utilized.
(16)
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 grade or similar 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 and will withstand inundation.
(d)
Window frames, doors and other components at or below the regulatory flood elevation shall be made of metal or other water-resistant material.
(17)
Electrical components.
(a)
Electrical distribution panels shall be at least three feet above the base flood elevation.
(b)
Separate electrical circuits shall serve lower levels and shall be dropped from above.
(c)
The provisions pertaining to the above provisions and referenced in the UCC and 34 Pa. Code (Chapters 401 through 405, as amended) and contained in the 2003 IBC (Sec. 1612.4), the IRC (Sec. R323.1.5), and the 2000 IFGC (Secs. R301.5 and R1601.3.8) and ASCE 24 (Chapter 8) shall be utilized.
(18)
Uniform construction code coordination. The standards and specifications contained 34 Pa. Code (Chapters 401 through 405, as amended) and not limited to the following provisions shall apply to the above and other sections and subsections of this chapter, to the extent that they are more restrictive and/or supplement the requirements of this chapter.
(a)
International Building Code (IBC) 2003 or the latest edition thereof: Secs. R104, R105, R109, R323, Appendix AE101, Appendix B, and Appendix J.
(b)
International Residential Building Code (IRC) 2003 or the latest edition thereof: Secs. R104, R105, R109, R323, Appendix AE101, Appendix B, and Appendix J.
(19)
All subdivision proposals and development proposals containing at least 50 lots or at least five acres, whichever is the lesser, in identified floodplain areas where base flood elevation data are not available, shall be supported by hydrologic and hydraulic engineering analyses that determine base flood elevations and floodway information. The analyses shall be prepared by a licensed professional engineer in a format required by FEMA for a conditional letter of map revision (CLOMR) and letter of map revision (LOMR). Submittal requirements and processing fees shall be the responsibility of the applicant.
(20)
Recreational vehicles in Zones A, A1-30, AH and AE must be on the site for fewer than 180 consecutive days, and be fully licensed and ready for highway use.
J.
Application requirements for building permits.
(1)
Prior to the issuance of any zoning permit, the Building Permit Officer shall review the application for the permit to determine if all other necessary government permits required by state and federal laws have been obtained, such as those required by the Pennsylvania Sewage Facilities Act (Act 1966-537, as amended); the Pennsylvania Dam Safety and Encroachments Act (Act 1978-325, as amended); the Pennsylvania Clean Streams Act (Act 1937-394, as amended);[1] and the U.S. Clean Water Act, Section 044, 33 U.S.C. § 1344. No permit shall be issued until this determination has been made.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq., 32 P.S. § 693.1 et seq., and 35 P.S. § 691.1 et seq., respectively.
(2)
Zoning Officer determination required. If any proposed construction or development is located entirely or partially within any identified floodplain area, applicants for building permits shall provide all the necessary information in sufficient detail and clarity to enable the Zoning Officer to determine that:
(a)
All such proposals are consistent with the need to minimize flood damage and conform with the requirements of this and all other applicable codes and ordinances.
(b)
All utilities and facilities, such as sewer, gas, electrical and water systems, are located and constructed to minimize or eliminate flood damage.
(c)
Adequate drainage is provided so as to reduce exposure to flood hazards.
(d)
Structures will be anchored to prevent floatation, collapse, or lateral movement.
(e)
Building materials are flood-resistant.
(f)
Appropriate practices that minimize flood damage have been used.
(g)
Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities have been designed and located to prevent water entry or accumulation.
(3)
Required information. Applicants shall file the following minimum information plus any other pertinent information [e.g., any or all of the technical information contained in Subsection M(5)] as may be required by the Zoning Officer to make the determination as required in Subsection J(1):
(a)
A completed building permit application form.
(b)
A plan of the entire site, clearly and legibly drawn at a scale of one inch equals 100 feet or less, showing the following:
[1]
North arrow, scale and date.
[2]
Topographic contour lines.
[3]
All property and lot lines including dimensions, and the size of the site expressed in acres or square feet.
[4]
The location of all existing and proposed buildings, structures, and other improvements, including the location of any existing or proposed subdivision and land development.
[5]
The location of all existing streets, drives, and other accessways.
[6]
The location of any existing bodies of water or watercourses, identified floodplain areas, and, if available, information pertaining to the floodway, and the flow of water, including direction and velocities.
(c)
Plans of all proposed buildings, structures and other improvements, drawn at suitable scale showing the following:
(d)
The following data and documentation:
[1]
A document, sealed by a registered professional engineer or architect, which states that the proposed construction or development has been adequately designed to withstand the pressures, velocities, impact and uplift forces associated with the base flood. Such statement shall include a description of the type and extent of floodproofing measures which have been incorporated into the design of the structure and/or the development.
[2]
[3]
The appropriate component of the Department of Environmental Protection's "Planning Module for Land Development."
[4]
Where any excavation or grading is proposed, a plan meeting the requirements of the Department of Environmental Protection, to implement and maintain erosion and sedimentation control.
[5]
A description of the proposed use.
K.
Application requirements for special exceptions.
(1)
Required information. Applications for special exceptions shall conform to the requirements of § 370-28. In addition, the following factors shall be considered by the Zoning Hearing Board.
(2)
Review factors. In reviewing applications for special exceptions, the Zoning Hearing Board shall consider all relevant factors and procedures contained in other sections of the Zoning Chapter, as well as the following:
(a)
The danger to life and property due to increased flood heights or velocities caused by encroachments.
(b)
The danger that materials may be swept onto other lands or downstream to the injury of others.
(c)
The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions.
(d)
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners.
(e)
The importance of the services provided by the proposed facility to the community.
(f)
The requirements of the facility for a waterfront location.
(g)
The availability of alternative locations not subject to flooding for the proposed use.
(h)
The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.
(i)
The relationship of the proposed use to the comprehensive plan and floodplain management program for the area.
(j)
The safety of access to the property in times of flood of ordinary and emergency vehicles.
(k)
The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site.
(l)
Such other factors which are relevant to the purposes of this chapter.
(3)
Supplemental technical review. The Zoning Hearing Board may refer any application and accompanying documentation pertaining to any request for special exception to the Township Engineer for technical assistance in evaluating the proposed project in relation to flood heights and velocities, and the adequacy of the plans for protection and other related matters.
(4)
Conditions for approving special exceptions. Special exceptions shall only be issued after the Zoning Hearing Board has determined that the granting of such will not result in:
L.
Variances within the Flood Plain Conservation District. If compliance with any of the requirements of this chapter would result in an unnecessary hardship for a prospective builder, developer, or landowner, the Zoning Hearing Board may, upon appeal, grant relief from the strict application of the requirements.
(1)
Variance requirements. Appeals for variances shall be considered by the Zoning Hearing Board in accordance with the following:
(a)
No variance shall be granted for any construction, development, use or activity within any floodway area that would cause any increase in the base flood elevation, cause additional threats to public safety, extraordinary public expense, defraud or victimize the public, conflict with any other applicable laws, ordinances, or regulations, or jeopardize the flood insurance program of the Township.
(b)
Except for a possible modification of the freeboard requirements, no other revisions or modifications shall be granted, specifically to the Flood Plain Conservation District general design and construction regulations (§ 370-28I).
(c)
If granted, a variance shall involve only the least modification necessary to provide relief.
(d)
In granting any variance, the Zoning Hearing Board 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.
(f)
In reviewing any request for a variance, the Zoning Hearing Board shall consider, but not be limited to the following:
(g)
A complete record of all variance requests and related actions shall be maintained by the Zoning Hearing Board. In addition, a report of all variances granted during the year shall be included in the annual or biennial report to the Federal Insurance Administration.
(h)
Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capability of resisting the base flood.
M.
Appeal requirements for variances. In addition to the requirements of Article XVII, appellants for variances shall provide five copies of the following items:
(1)
A written request including a completed building permit application form and describing the proposed activity or construction and estimated cost.
(2)
A map drawn at a scale of one inch equal to not more than 1,000 feet, showing the site location.
(3)
A plan of the entire site, clearly and legibly drawn at a scale no smaller than one inch equals 100 feet, showing the following:
(a)
North arrow, scale and date.
(b)
Topography based upon the North American Vertical Datum of 1988, showing existing and proposed contours at intervals of not more than two feet.
(c)
All property and lot lines and rights-of-way, including dimensions, and the size of the site expressed in acres or square feet.
(d)
The location of all existing streets, drives, and other accessways, and parking areas, with information concerning widths, pavement types and construction, and elevations.
(e)
The location of any existing bodies of water or watercourses, buildings, structures and other public or private facilities, including railroad tracks and facilities, and any other natural and man-made features affecting, or affected by, the proposed activity or development.
(f)
The location of the floodway and flood fringe boundary lines, information and spot elevations concerning the base flood and regulatory flood elevations, and information concerning the flow of water including direction and velocities.
(g)
The location of all proposed buildings, structures, utilities, and other improvements.
(h)
Any other information which the municipality considers necessary for adequate review of the application.
(4)
Plans of all proposed buildings, structures and other improvements, clearly and legibly drawn at suitable scale showing the following:
(a)
Sufficiently detailed architectural or engineering drawings including floor plans, sections, and exterior building elevations, as appropriate.
(b)
For any proposed building, the elevation of the lowest floor (including basement) and, as required by the Township, the elevation of any other floor.
(c)
Complete information concerning flood depths, pressures, velocities, impact and uplift forces, and other factors associated with the base flood.
(d)
Detailed information concerning any proposed floodproofing measures.
(e)
Cross-section drawings for all proposed streets, drives, other accessways, and parking areas, showing all rights-of-way and pavement widths.
(f)
Profile drawings for all proposed streets, drives, and vehicular accessways including existing and proposed grades.
(g)
Plans and profiles of all proposed sanitary and storm sewer systems, water supply systems, and other utilities and facilities.
(5)
The following data and documentation:
(a)
Certification from the applicant that the site upon which the activity or development is proposed is owned by the applicant or the client he represents or in which the applicant has a demonstrated equitable interest.
(b)
A statement sealed by a registered professional engineer, architect, or landscape architect that the proposed construction has been adequately designed to protect against damage from the base flood.
(c)
A statement, sealed by a registered professional engineer, architect, or other qualified person, which contains a complete and accurate description of the nature and extent of pollution that might possibly occur from the development during the course of a base flood, including a statement concerning the effects such pollution may have on human life.
(d)
A statement, sealed by a registered professional engineer, architect, or landscape architect, which contains a complete and accurate description of the effects proposed development will have on the base flood elevations and flows.
(e)
A statement, sealed by a registered professional engineer, architect, or landscape architect, which contains a complete and accurate description of the kinds and amounts of any loose buoyant materials or debris that may possibly exist or be located on the site below the base flood elevations and flows.
(f)
The appropriate component of the Department of Environmental Protection's "Planning Module for Land Development," if necessary.
(g)
Where any excavation or grading is proposed, a plan meeting the requirements of the Department of Environmental Protection to implement and maintain erosion and sedimentation control.
(h)
Any other applicable permits such as, but not limited to, a permit for any activity regulated by the Department of Environmental Protection under Section 302 of Act 166.
(i)
An evacuation plan which fully explains the manner in which the site will be safely evacuated before or during the course of a base flood.
§ 370-29 Natural Resource Conservation Overlay District.
A.
Purpose. The standards of this overlay district have been established to protect the public health, safety, and welfare by minimizing adverse environmental impacts. These standards are intended to meet the following purposes:
(1)
Define and delineate selected natural resources within the Township and establish resource protection standards to mitigate potential public hazards associated with land use activity.
(2)
Protect and conserve the natural resources, landscapes, and habitats that are an integral component of the Township's character in accordance with the following specific objectives of the North Coventry Township Comprehensive Plan (2000), as amended:
(a)
Direct growth away from areas with sensitive natural resources and toward those areas most suitable for development in terms of available infrastructure (i.e., sewer, water, transportation), compatible land uses, and least impact on protected resources.
(b)
Enforce existing zoning and subdivision ordinance standards that protect the Township's sensitive environmental resources, including: stream corridors, floodplains, woodlands, steep slopes, wetlands, and groundwater. Strengthen existing ordinance standards or adopt additional measures where necessary to ensure that resources are effectively protected.
(c)
Protect the remaining wildlife habitat in the Township and strive to enhance the natural diversity of the Township's plants and animals.
(3)
Protect identified natural resources within the Township in accordance with the following specific objectives of the North Coventry Open Space, Recreation and Environmental Resources Plan (1993), as amended:
(a)
Encourage the preservation of the natural characteristics by protection of woodlands, wetlands, and other natural vegetation.
(b)
Protect existing natural water recharge areas (hydric soils and floodplain areas) by adopting appropriate zoning, subdivision, and land development regulations.
(c)
Encourage the growth of vegetation along streams and water bodies to filter particulates and nutrients and to retard the flow of water runoff.
(d)
Encourage the conservation of wetlands and the preservation of hydric soils and wetland vegetation to ensure more even flow of surface water and reduce surface water runoff.
(e)
Limit development on steep slopes to prevent the rapid runoff and loss of surface water and to prevent soil erosion.
(f)
Discourage the development and disturbance of those areas where soils, slopes, or the water table do not readily allow the establishment or sustenance of natural vegetation.
(g)
Protect water resources to foster a reliable source of clean water.
(h)
Limit the extent and type of development within flood-prone areas by adopting up-to-date floodplain management regulations and practices.
(4)
Support and implement the principles set forth in Sustainable Watershed Management for Northern Chester County Watersheds (January 2000) prepared by the Green Valleys Association. The primary goals of this program are to:
B.
Protection standards.
(1)
General provisions.
(a)
The provisions of this Section shall overlay and supplement the provisions of the underlying zoning district. In the event that the provisions of the underlying zoning district and the provisions of this Section are in conflict, the more restrictive provisions shall apply.
(b)
In the event that two or more natural resource areas identified in this Section overlap, the resource with the most restrictive standard (the least amount of alteration, regrading, clearing, or building) shall apply to the area of overlap.
(c)
It shall be a violation of this chapter to regrade, fill, pipe, divert, build upon or otherwise alter or disturb a natural resource protected by this section. In addition, submission, review, and approval of the following permits and applications shall be contingent upon consistency with the requirements of this section:
(d)
Where disturbance of a natural resource is permitted, it shall not take place until it has been determined that such disturbance is consistent with the provisions of this article and other applicable ordinance provisions.
(e)
Restrictions to disturbance of resources shall apply whether or not construction is proposed on a site and, where proposed, before, during, and after the construction takes place.
(f)
Plan information required by § 370-29C(1) shall be verified as complete by the Township Engineer or other qualified professional as determined by the Township.
(2)
Floodplain.
(a) FLOODPLAIN
Definition. As used in this article, the following terms shall have the meanings indicated:
A relatively flat or low area adjoining a river, stream, or watercourse which is subject to partial or complete inundation, or an area subject to the unusual and rapid accumulation or runoff of surface waters from any source. For the purpose of this chapter, the floodplain shall include, but is not limited to, the area included in the Flood Plain Conservation District as defined in § 370-28 of this chapter.
(3)
Steep slopes.
(a) STEEP SLOPES[1] [2] [3]
Definitions. As used in this article, the following terms shall have the meanings indicated:
Slope shall be measured as the change in elevation over the horizontal distance between consecutive contour lines. For purposes of this chapter, slope shall be measured over three or more two-foot contour intervals (six cumulative vertical feet of elevation). All slope measurements shall be determined by a topographic survey signed and sealed by a registered surveyor or engineer licensed to practice in the Commonwealth of Pennsylvania.
Areas of steep slope that are 2,500 square feet or less of contiguous area shall be exempted from the steep slope standards set forth in this subsection.
(b)
Resource protection standards.
[1]
Steep slope areas shall be preserved in their natural state whenever possible. Disturbance shall be kept to the minimum necessary and, in no case, shall exceed the following permitted disturbance allowances:
[a]
Precautionary slopes. No more than 20% of such areas shall be regraded, cleared, built upon, or otherwise altered or disturbed. The maximum impervious surface coverage of such areas shall be 5%. Areas within street rights-of-way, either public or private, shall be considered as a lot for the purposes of these protection standards. Maximum disturbance and impervious surface coverage percentages shall apply on a per lot basis.
[b]
Prohibitive slopes. No more than 10% of such areas shall be altered, regraded, cleared, built upon, or otherwise altered or disturbed. The maximum impervious surface coverage of such area shall be 2%. Areas within street rights-of-way, either public or private, shall be considered as a lot for the purposes of these protection standards. Maximum disturbance and impervious surface coverage percentages shall apply on a per lot basis. The permitted 10% disturbance on prohibitive slopes shall be limited to the following activities:
[i]
Grading for the minimum portion of a driveway necessary for access to the principal use and sewer, water, and other utility lines when it can be demonstrated that no other route is feasible.
[ii]
Timber harvesting, when conducted in compliance with the required timber harvesting plan described in § 370-29B(7)(g).
[Amended 5-26-2009]
[2]
Each building or structure shall be constructed in such a manner as to provide the least alteration necessary to the existing grade and natural soils condition.
[3]
Finished slopes of all permitted cut and fill within steep slopes shall not exceed 25% slope. All stockpiles of earth shall be seeded or otherwise stabilized when stored for more than 30 days.
[4]
Finished driveways in steep slope areas shall cross the slope with the least disturbance reasonably possible.
[5]
Any disturbance of land shall be in compliance with the erosion and sedimentation control standards of Chapter 194, Grading, Erosion and Sediment Control; Stormwater Management.
[Amended 1-27-2014]
[a]
An erosion and sedimentation control plan shall be submitted consistent with the requirements of Chapter 194, Grading, Erosion and Sediment Control; Stormwater Management.
[b]
Such plan shall include a narrative describing the measures to be used to stabilize disturbed areas during and upon completion of construction.
[c]
The plan and accompanying narrative shall be reviewed by the Township Engineer.
(4)
Watercourses/riparian buffers.
(a) LAND DISTURBANCE RIPARIAN BUFFER[1] [2] [a] [b] [i] [ii]
WATERCOURSE WOODLAND DISTURBANCE
Definitions.
Any activity which exposes soils, alters topography and/or alters vegetation, except for removal of a safety hazard, diseased trees, or invasive vegetation.
A riparian buffer is an area of trees and other vegetation adjacent to a watercourse that forms a transition area between the aquatic and terrestrial environment. The riparian buffer provides the following benefits: reduces the amount of nutrients, sediments, pesticides, and other harmful substances that reach watercourses, wetlands, and other surface water bodies; provides for shading of the aquatic environment to moderate temperatures and protect fish habitat; provides organic matter which provides food and habitat for bottom dwelling organisms essential to the food chain; increases streambank stability and reduces streambank erosion and sediment production; conserves natural features important to land and water features (e.g., headwater areas, groundwater recharge zones, streams, and prime wildlife habitat); and conserves natural, scenic, and recreation areas and promotes the functioning of greenways.
For the purposes of this chapter, the riparian buffer shall be divided into two zones: (See Figure 9-1.)
Zone One: Inner Riparian Buffer. This zone begins at the top of each streambank of a watercourse and occupies a margin of land with a minimum width of 35 feet measured horizontally on a line perpendicular to the edge of the water at the top of the defined bank (at bankfull), as reviewed and approved by the Township Engineer. Where prohibitive slopes more than 25% are located within 35 feet of a watercourse, Zone One shall extend the entire distance of this sloped area.
Zone Two: Outer Riparian Buffer. This zone begins at the outer edge of Zone One and occupies a minimum width of 65 feet in addition to Zone One.
In cases where Zone One extends beyond 35 feet due to the presence of prohibitive slopes, the width of Zone Two shall be adjusted so that the full riparian buffer equals a total width of 100 feet.
Where the Zone Two riparian buffer is not wooded, it shall be maintained as a filter strip of dense grass and forbs or other features to provide sediment filtering, nutrient uptake, and convert concentrated flow to uniform, shallow, sheet flow. (See Subsection B(4)(b)[5] below for requirements in buffer areas without preexisting vegetation.)
Figure 9-1 Riparian Buffer | |
|---|---|
 |
A channel or conveyance of surface water, such as a stream, creek, or run, having a defined bed and banks, whether natural or artificial, with perennial or intermittent flow. For the purposes of this chapter, a watercourse shall not include man-made swales constructed expressly for the purpose of stormwater management.
(1) Any activity which alters the existing structure of a woodland or hedgerow. Alterations include the cutting or removal of canopy trees, subcanopy trees, understory shrubs and vines, and herbaceous woodland floor species; (2) Any activity which constitutes a land disturbance within a woodland or hedgerow. Woodland disturbance does not include the selective cutting or removal of invasive plant species. (See "invasive plant species" definition in Article II for examples of invasive plants.)
(b)
Resource protection standards.
[1]
Watercourses shall not be regraded, filled, piped, diverted, built upon, or otherwise altered or disturbed except where design approval is obtained from the Township and, if required, the Pennsylvania Department of Environmental Protection.
[2]
Zone One Riparian Buffer. Except as follows, no woodland disturbance or other land disturbance shall be permitted within the Zone One Riparian Buffer:
[a]
Regulated activities permitted by the commonwealth (i.e., permitted stream or wetland crossing); maximum Zone One area disturbance permitted for this use: 5%;
[b]
Provision for unpaved trail access;
[c]
Selective removal of a safety hazard, diseased trees, or invasive plant species;
[d]
Vegetation management in accordance with a Township approved landscape plan or open space management plan; or
[e]
A soil or stream conservation project, including reforestation and streambank stabilization, approved by the Chester County Conservation District.
[3]
Zone Two Riparian Buffer.
[a]
No more than 10% of a Zone Two Riparian Buffer shall be regraded, filled, built upon, or otherwise altered or disturbed.
[b]
Those activities permitted in the Zone One Riparian Buffer shall be permitted in the Zone Two Riparian Buffer and shall, except as noted for stream or wetland crossings in Subsection B(4)(b)[1] above, not be counted towards the 10% disturbance allowance.
[4]
In no case shall the total riparian buffer width be reduced to less than 75 feet in width, measured from the top of each streambank. Where the riparian buffer is reduced to less than the one-hundred-foot total width, the following measures shall be provided:
[a]
Best Management Practices (BMPs) such as level spreaders, meadow grass filter strips, or similar techniques to disperse overland flow prior to entering the protected buffer area where the width of the buffer is less than 100 feet.
[b]
Comprehensive stormwater management practices[2] to ensure that postdevelopment conditions are consistent with the natural characteristics of the receiving stream, including stormwater quality BMPs.
[2]
Note: (i.e., Practices that promote infiltration, reduce impervious surface, achieve postdevelopment "meadow condition" hydrologic characteristics, remove pollutants from stormwater prior to release, protect stable stream channel, reduce runoff rates, protect wetlands and floodplains, etc.)
[c]
Conservation design techniques that minimize the amount of stormwater runoff and maximize the use of pervious areas for infiltration of rainfall and stormwater.
[5]
When a subdivision or land development is proposed where there is no established vegetated or wooded buffer (such as in areas previously cultivated for agriculture) a one-hundred-foot riparian buffer shall be established and maintained in accordance with the following guidelines:
[a]
Forested and unforested vegetation shall be established through natural succession. Selective planting shall be incorporated on sites devoid of vegetation to stimulate native species and discourage invasive species.
[b]
Plant selection and planting shall be consistent with Chester County Conservation District, PaDEP or USDA riparian forested buffer guidance. (The applicant is encouraged to involve local volunteer groups in the buffer planting.)
[6]
An erosion and sedimentation control plan, consistent with the requirements of Chapter 194, Grading, Erosion and Sediment Control; Stormwater Management, shall be required for any land disturbance proposed within 500 feet of any watercourse.[3]
[Amended 1-27-2014]
[3]
Editors Note: Former Subsection B(4)(b)[7], regarding timber harvesting, which immediately followed, was repealed 7-11-2022 by Ord. No. 02-2022.
(5)
Wetlands.
(a) LAKES AND PONDS WETLANDS
Definitions. As used in this article, the following terms shall have the meanings indicated:
Natural or artificial bodies of water which retain water year-round. Artificial bodies of water may be created by dams, or result from excavation. Lakes are bodies of water two or more acres in area. Ponds are bodies of water less than two acres in area.
Those areas that are inundated and saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, and similar areas. More specifically, any area meeting the official wetland definition of the U.S. Army Corps of Engineers or the Pennsylvania Department of Environmental Protection, as amended, shall be considered a wetland for the purposes of this chapter. In the event there is a conflict between the definitions of these agencies, the more restrictive definition shall apply.
(b)
Resource protection standards.
[1]
Any applicant proposing a use, activity, or improvement which would entail the regrading or placement of fill in wetlands shall provide the Township with proof that the Pennsylvania Department of Environmental Protection (Bureau of Dams and Waterway Safety and Bureau of Water Quality Management) and the U.S. Army Corps of Engineers have been contacted to determine the applicability of state and federal wetland regulations.
[2]
Wetlands shall not be regraded, filled, piped, diverted, built upon, or otherwise altered or disturbed except where state and federal permits have been obtained.
[3]
For the purposes of this chapter, wetland protection standards shall apply to lakes and ponds.
[4]
Relocated/replaced wetlands and wetland margins, when permitted, shall be at least as large as the original wetlands, of the same composition, within North Coventry Township, and as close to the original site as possible, all shall subject to Township approval.
(c)
Delineation. The applicant shall delineate the limits of the wetlands and lakes and ponds on the site or within 100 feet of the site in accordance with § 370-29C. In addition, the following information shall be provided:
[1]
A full wetland report conducted by a qualified wetland biologist, or other professional of demonstrated qualifications, shall be submitted to the Township.
[2]
Such a professional shall certify that the methods used correctly reflect currently accepted technical concepts, including identification and analysis of wetland vegetation, hydric soils, and/or hydrologic indicators.
[3]
The wetland report shall include a determination of whether wetlands are present on site and a full delineation, area measurement (in square feet), and description of any wetlands determined to be present. The study shall be approved by the Township Board of Supervisors on the recommendation of the Township Engineer.
[4]
Where applicable, evidence that the contacts required by Subsection B(5)(b)[1] above have been made.
[5]
If no wetlands are found on the site, or within 100 feet of the site, a note shall be added to the preliminary and final plans stating that "This site has been examined by (name and address with a statement of submitted qualifications), and no wetlands as defined by the U.S. Army Corps of Engineers Wetlands Delineation Manual, Technical Report Y-87-1, January 1987, were found to exist."
[6]
The Township, at its discretion, may require a Jurisdictional Determination from the U.S. Army Corps of Engineers.
(6)
Wetland margins.
(a) HYDRIC SOILS[1]
[2] LAKE AND POND SHORELINES WETLAND MARGIN
Definition. As used in this article, the following terms shall have the meanings indicated:
A soil that is saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions that favor the growth and regeneration of wetlands vegetation. For the purposes of this chapter, hydric soils include any soil inventoried or described as hydric or as a soil with hydric inclusions according to the Soil Survey of Chester and Delaware Counties, Pennsylvania, or other information provided by the U.S. Soil Conservation Service (SCS). In North Coventry Township, hydric soils shall include, but are not limited to:
Soils with Major Hydric Components | Soils with Hydric Inclusions and Hydric Component of the Inclusions | |
|---|---|---|
Bowmansville silt loam (Bo) | Chewacla silt loam (Ch) - Wehadkee (We) | |
Croton silt loam (Cr) | Congaree silt loam (Cn) - Wehadkee (We) | |
Wehadkee silt loam (We) | Readington silt loam (Rd) - Croton (Cr) | |
Worsham silt loam (We) | Rowland silt loam (Ro, Rp) - Bowmansville silt loam (Bo) |
Where site conditions indicate that the location of hydric soils or the hydric inclusions differ from locations indicated by the SCS, the burden shall be upon the applicant to verify such location(s) to the satisfaction of the Township Engineer, otherwise the SCS information shall be presumed to be accurate. Where the applicant seeks reclassification of hydric soils and their location, such reclassification shall be undertaken by a certified soil scientist or other similarly qualified professional.
The land side edges of lakes and ponds from established shoreline to an upland boundary. For the purposes of this chapter, such boundary shall be equivalent to that required for a wetland margin.
The transitional area extending from the outer limit of the wetland. For the purposes of this chapter, the wetland margin shall extend a minimum of 50 feet from the wetland boundary. When the wetland boundary is adjacent to hydric soils, hydric soil inclusions or precautionary or prohibitive slopes, the wetland margin shall extend to the limit of such hydric soils or slopes or to 50 feet, whichever is greater. However, in no case shall the wetland margin be required to extend beyond 100 feet from the edge of the wetland boundary. The wetland margin definition and protection standards shall also apply to the perimeter of approved wetland mitigation areas where all state and federal permits have been received. The limit of the hydric soils shall be as defined in this chapter unless reclassified by a certified soil scientist.
(b)
Resource protection standards.
[1]
Except as noted below, no more than 10% of a wetland margin shall be graded, regraded, filled, built upon, or otherwise altered or disturbed.
[2]
The following uses or activities shall be permitted in the wetland margin and shall, except as noted in Subsection B(6)(b)[2][a], not be counted towards the 10% disturbance allowance:
[a]
Regulated activities permitted by the commonwealth (i.e., permitted stream or wetland crossing, maximum disturbance permitted - 5% which shall count towards the 10% disturbance allowance);
[b]
Provision for unpaved trail access;
[c]
Selective removal of a safety hazard, diseased trees, or invasive plant species;
[d]
Vegetation management in accordance with a Township approved landscape plan or open space management plan; or
[e]
A soil or stream conservation project approved by the Chester County Conservation District.
[4]
For the purposes of this chapter, wetland margin protection standards shall also apply to lake and pond shorelines.
(7)
Woodlands.
(a) ACCESS ROAD BUFFER ZONE CANOPY or FOREST CANOPY CLEAR-CUTTING DBH DRIPLINE EROSION FELLING FOREST MANAGEMENT HEDGEROW HIGH-VALUE SPECIES
INVASIVE PLANT SPECIES LANDING LEGAL HOLIDAY LITTER LOP OPERATOR OWNER; LANDOWNER PRE-COMMERCIAL TIMBER STAND IMPROVEMENT PROFESSIONAL CONSULTING FORESTER[1] [2] [3] [4] RARE SPECIES SITE SEDIMENT SKIDDING SKID ROAD/HAUL ROAD SKID TRAIL SLASH SPECIMEN VEGETATION
STAND STREAM[1] [2] TIMBER HARVESTING, TREE HARVESTING or LOGGING TIMBER HARVESTING PLAN TOPS TREE PROTECTION ZONE
WOODLAND DISTURBANCE WOODLANDS
Definitions. As used in this section, the following terms shall have the meanings indicated:
[Amended 5-26-2009]
A roadway, normally designed and intended for use by motor vehicles, which provides access to or into the forest land.
An area of variable width and length, in which forest practices are restricted and that is intended to provide a natural visual screen, prevent damage to adjoining properties or to protect environmental features.
The aerial cover formed by the outermost leaves and branches on the tree within any woodland area.
The removal of essentially all trees from a stand.
The diameter of a tree at breast height, measured at 4.5 feet from the ground surface at the point of the highest elevation in contact with the trunk of such tree.
The line extending vertically from the exterior edge of the outermost leaves and branches on the tree to the ground.
The wearing away of the land surface by action of wind, water, gravity or other natural forces.
The act of cutting a standing tree so that it falls to the ground.
The practical application of biological, physical, quantitative, managerial, economic, social and policy principles to the regenerations, management, utilization and conservation of forests to meet specified goals and objectives while maintaining the productivity of the forest. Note: Forest management includes management for aesthetics, fish, recreation, urban values, water, wilderness, wildlife, wood products and other forest resource values.
A linear plant community dominated by trees and/or shrubs. Hedgerows often occur along roads, fence lines or property lines, or between fields, and may occur naturally or be specially planted (e.g., as a windbreak). For the purposes of this section, hedgerows are considered woodlands and regulated as such regardless of area or tree size.
Any tree(s) of the following species that is greater than or equal to 12 inches in diameter at breast height (DBH):
Botanical Name | Common Name |
|---|---|
Acre saccharium | Sugar Maple |
Carya cordiformis | Bitternut Hickory |
Carya glabra | Pignut Hickory |
Carya ovata | Shagbark Hickory |
Carya tomentosa | Mockernut Hickory |
Fagus grandifolia | American Beech |
Fraxinus americana | White Ash |
Juglans nigra | Eastern Black Walnut |
Quercus alba | White Oak |
Quercus bicolor | Swamp White Oak |
Quercus coccinea | Scarlet Oak |
Quercus montana | Chestnut Oak |
Quercus palustris | Pin Oak |
Quercus rubra | Northern Red Oak |
Quercus velutina | Black Oak |
Predominantly nonnative, nonindigenous, alien tree, shrub, vine or herbaceous species that grow or reproduce aggressively, usually because they have few or no natural predators, and which can so dominate an ecosystem that they kill off or drive out many indigenous plant species. Invasive trees, shrubs, vines or herbaceous species include, but are not limited to: Norway Maple (Acer platanoides), Tree-of-Heaven (Ailanthus altissima), Paper Mulberry (Broussonetia papyrifera), White Mulberry (Mows alba), Empress Tree (Paulownia tomentosa), White Poplar (Populus alba), Multiflora Rose (Rosa multiflora), Japanese Barberry (Berberis thunbergii), European Barberry (Berberis vulgaris), Autumn Olive (Eleagnus umbrella), Border Privet (Ligustrum obtusifolium), Common Privet (Ligustrum vulgare), Morrow's Honeysuckle (Lonicera morrowii), Tartarian Honeysuckle (Lonicera tatarica), Japanese Honeysuckle (Lonicera japonica), Common Buckthorn (Rhamnus cathartica), Wineberry (Rubus phoenicolasius), Japanese Spiraea (Spiraea japonica), Linden Viburnum (Viburnum dilatatum), Guelder Rose (Viburnum opulus), Oriental bittersweet (Celastrus orbiculatus), Leatherleaf Climatis (Clematis terniflora), Mile-a-Minute Weed (Polygonum perfoliatum), Kudzu (Pueraria lobata), Garlic Mustard (Alliaria pertiolata), Canada Thistle (Cirsium arvense), Crown Vetch (Coronilla varia), Tall Fescue (Festuca elatior), Purple Loosestrife (Lythrum salicaria), Sweet Clover (Melilotus afficinalis), Japanese Stilt Grass (Microstegium vimineum), Reed Canary Grass (Phalaris arundinacea), and Johnson Grass (Sorghum halepense).
A place where logs, pulpwood or firewood are assembled for transportation to processing facilities.
The term "legal holiday," as used in this chapter, shall mean and include New Year's Day, birthday of Martin Luther King, Jr., Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day and Christmas Day.
Discarded items not naturally occurring on the site such as tires, oil cans, equipment parts and other rubbish.
To cut tops and slash into smaller pieces to allow material to settle close to the ground.
An individual, partnership, company, firm, association or corporation engaged in timber harvesting, including the agents, subcontractors and employees thereof.
[Amended 7-11-2022 by Ord. No. 02-2022]
An individual, partnership, company, firm, association or corporation that is in actual control of forest land, whether such control is based on legal or equitable title, or any other interest entitling the holder to sell or otherwise dispose of any or all of the timber on such land in any manner, and any agents thereof acting on their behalf, such as forestry consultants, who set up and administer timber harvesting.
[Amended 7-11-2022 by Ord. No. 02-2022]
A forest practice, such as thinning or pruning, that results in better growth, structure, species composition, or health for the residual stand but does not yield a net income to the landowner, usually because any trees cut are of poor quality, too small, or otherwise of limited marketability or value.
[Added 7-11-2022 by Ord. No. 02-2022]
A forester who has obtained the professional certification of Certified Forester®, by the Society of American Foresters (SAF) or full membership in the Association of Consulting Foresters of America (ACF), for the purposes of this section shall be considered a professional consulting forester. Alternatively, and prior to filing any permit application, an individual can petition the Board of Supervisors to qualify as a professional consulting forester under this chapter by submitting his or her educational and professional qualifications, samples of previous timber harvest plans and references from Pennsylvania townships/boroughs for review. The minimum requirements of a person for consideration are:
A Bachelor of Science degree in Forestry from a college accredited by the Society of American Foresters;
Engagement in forestry consulting work to the general public on a fee or contractual basis;
No economic interest in timber purchasing or procurement entities; and
Preparation of a minimum of five approved Timber Harvesting Plans within the state.
Any area which has been identified as possessing floral or faunal species of concern or sites in which federally and/or state-recognized rare, threatened or endangered species of flora and/or fauna are present.
Solid material, both mineral and organic, that is in suspension, is being transported, has been deposited or has been removed from its site of origin by erosion.
Dragging trees on the ground from the stump to the landing by any means.
A main pathway, normally intended for repeated skidding to each skid trail, where excessive exposure of soils can be expected from heavy use.
A secondary pathway, intended for use skidding to a tree or small group of trees, where extensive exposure of soils is not expected.
Woody debris left in the woods after logging, including logs, chunks, bark, branches, uprooted stumps, and broken or uprooted trees or shrubs.
[Amended 7-11-2022 by Ord. No. 02-2022]
Individual trees or other vegetation determined to be of specimen quality as determined by a registered landscape architect or which generally fall within the parameters of the following table shall be protected in accordance with these standards. The examples of specimen trees included in the following table are intended to provide general guidelines and examples of what constitutes a specimen tree and are not considered all inclusive.
Examples of Specimen Trees[5] | |||||
|---|---|---|---|---|---|
Species | Minimum Size (dbh) (inches) | Species | Minimum Size (dbh) (inches) | Species | Minimum Size (dbh) (inches) |
Apple | 24 | Locust | 30 | Sassafras | 20 |
Ash | 32 | Maple | 32 | Spruce | 30 |
Beech | 32 | Sycamore | 36 | ||
Cherry | 24 | Oak | 32 | Tulip Poplar | 36 |
Elm | 30 | Osage Orange | 20 | Walnut | 30 |
Hemlock | 30" | Pine | 30" | Hickory | 32" |
Any area of forest vegetation whose site conditions, past history, and current species composition are sufficiently uniform to be managed as a unit.
[Amended 7-11-2022 by Ord. No. 02-2022]
Any channel or conveyance of surface water having a defined bed and banks, whether natural or artificial, with perennial or intermittent flow.
PERENNIAL STREAMA stream whose water flow normally occurs year round.
INTERMITTENT STREAMA stream whose water flow normally occurs in the wetter part of the year (October through April) or following major storm events.[6]
That part of forestry involving cutting down trees and removing logs from the forest for the primary purpose of sale or commercial processing into wood products.
[Added 7-11-2022 by Ord. No. 02-2022]
A description, by means of text and maps, of proposed actions involving the removal of trees from a tract of land.
The upper portion of a felled tree not merchantable because of small size, taper or defect.
The area radial to the trunk of a tree in which no construction activity shall occur. The tree protection zone shall be 15 feet from the trunk of the tree to be retained or the distance from the trunk to the drip line, whichever is greater. Where there is a group of trees or woodlands, the tree protection zone shall be the aggregate of the protection zones for the individual trees. (See Figure 9-2.)
Figure 9-2 Tree Protection Zone (TPZ) | |
|---|---|
 |
Any activity which alters the existing structure of a woodland or hedgerow; alterations include the cutting or removal of canopy trees, subcanopy trees, understory shrubs and vines, woody and herbaceous woodland floor species. Woodland disturbance also includes any activity which constitutes a land disturbance (exposes soils, alters topography, destroys habitat) within a woodland or hedgerow. Woodland disturbance does not include the selective cutting or removal of invasive plant species. (See definition in Article II for examples of invasive plants.)
A tree mass or plant community in which tree species are dominant or co-dominant and the branches of the trees form a complete, or nearly complete, aerial canopy. Any area, grove or stand of mature or largely mature trees (i.e., larger than six inches DBH) covering an area of 1/4 acre or more, or consisting of 10 individual trees larger than six inches DBH, shall be considered a woodland. Woodlands do not include commercial horticulture enterprises, such as orchards, Christmas tree farms and commercial nurseries, which hold a valid permit from the Pennsylvania Department of Agriculture. Any area, grove or stand of trees which has been harvested in accordance with silvaculture principles and/or is the subject of a Forest Management Plan, including the forestry activities of development, cultivation, harvesting and regeneration, regardless of the current condition or density of aerial canopy shall be considered a woodland for the purpose of this chapter. When determining the extent of woodland disturbance for the purpose of calculating the applicable tree replacement standards for § 370-29B(7)(d), woodlands shall include any area where timber has been harvested within the previous 10 years and/or woodland disturbance has occurred within the previous 10 years which would have met the definition of "woodlands" prior to the timbering or disturbance.
[5]
Note: These sizes were developed by the Brandywine Conservancy and are the approximate size of a 70+ year old tree.
[6]
Editor's Note: The former definitions of "timber harvesting and logging" and "timber harvesting operation," which immediately followed this definition, were repealed 7-11-2022 by Ord. No. 02-2022.
(b)
Resource protection standards.
[1]
Disturbance allowance for woodlands and hedgerows.
[a]
Unless undertaken as a Township approved timber harvesting operation[7] conducted in compliance with the required timber harvesting plan, no more than 25% of woodlands and hedgerows shall be regraded, cleared, built upon or otherwise altered or disturbed for residential uses and no more than 35% of woodlands and hedgerows shall be regraded, cleared, built upon or otherwise altered or disturbed for nonresidential uses. Where woodlands and hedgerows overlap other protected natural resources, the more restrictive disturbance standard shall apply. When determining the total acreage and the degree of disturbance permitted, areas of woodlands and hedgerows shall be considered in combination as a single resource.
[7]
Note: Exceptions for timber harvesting are included because Section 603 (f) of the MPC states that "Zoning ordinances may not unreasonably restrict forestry activities." In addition, this section states that "forestry activities, including, but not limited to, timber harvesting, shall be a permitted use by right in all zoning districts in every municipality."
[b]
Unless specifically exempt by this chapter, no tree shall be cut or otherwise removed from any lands in the Township unless a tree removal permit has been secured in compliance with § 370-29B(7)(e).
[2]
Protection of specimen vegetation. Specimen vegetation shall not be removed from any lot or tract except where the applicant demonstrates to the satisfaction of the Township that such removal is essential to eliminate a hazardous condition(s) or there is a demonstrable financial hardship if the vegetation is not removed. Where permitted, removal of specimen vegetation shall be minimized.
[3]
Guidelines for permitted woodland disturbance. In determining where permitted woodland disturbance will occur, the following factors shall be considered:
[a]
The applicant shall consider the location(s) and benefits of the conservation of mature, healthy woodland stands and their importance as wildlife habitat.
[b]
Each building or structure shall be constructed in such a manner as to provide the least alteration necessary of the existing woodland. Where possible, the amount of clear-cutting shall be minimized and trees shall be selectively removed.
[c]
Trees which are retained shall be identified and protected in accordance with the provisions of Subsection B(7)(c), Tree protection zone, below.
[d]
Woodland disturbance that would threaten the growth of remaining trees shall be avoided.
[e]
Woodlands and other natural vegetation that remain undisturbed shall interconnect with woodlands or wooded areas of adjacent properties, where they exist, to preserve continuous woodland corridors and allow for the normal movement, dispersion, and migration of wildlife. The applicant shall consider the impacts, in terms of functions and values to wildlife, of separating, dividing, or encroaching on wildlife travel corridors or extensive habitat areas, especially woodlands exceeding 10 acres in area.
(c)
Tree protection zone. In order to prevent injury to those trees which have been designated for protection, a tree protection zone shall be established, prior to any land disturbance, where trees or woodlands on the site are to be retained. In this zone, the following standards shall apply:
[1]
Grade changes and excavations shall not encroach upon the tree protection zone.
[2]
Trees being removed shall not be felled, pushed, or pulled into a tree protection zone or into trees to be retained.
[3]
No toxic materials, including petroleum based and derived products, shall be stored within 100 feet of a tree protection zone.
[4]
The area within the tree protection zone shall not be built upon, nor shall any materials be stored there either temporarily or permanently. Vehicles and equipment shall not be parked in the tree protection zone.
[5]
Sediment, retention and detention basins shall not be located within the tree protection zone, nor shall they discharge into the tree protection zone.
[6]
When tree stumps are located within 10 feet of the tree protection zone, the stumps shall only be removed by means of a stump grinder to minimize the effect on the surrounding root systems.
[7]
Tree roots which must be severed shall be cut by a backhoe or similar equipment aligned radially to the tree. (This method reduces the lateral movement of the roots during excavation, which if done by other methods, could damage the intertwined roots of adjacent trees.)
[8]
Within four hours of any severance of roots, all tree roots that have been exposed and/or damaged shall be trimmed cleanly and covered temporarily with moist peat moss, moist burlap or other biodegradable material to keep them from drying out until permanent cover can be installed.
[9]
If there is no alternative but to locate a utility line through a tree protection zone, tunneling shall be used instead of trenching, except where in the opinion of the Township, survival of the tree would not be affected by either method. The Township shall determine the most desirable location for the utility line. Trenches shall be filled as soon as possible, and tamped lightly to avoid air spaces.
[10]
Marking the tree protection zone on the site. Prior to construction, the tree protection zone shall be delineated by the following methods:
[a]
The tree protection zone that is delineated on the site prior to construction shall conform to the approved development plans.
[b]
All trees scheduled to remain shall be marked; where groups of trees exist, only the trees on the edge need to be marked.
[c]
A suitable fence mounted on steel posts, located eight feet on center, shall be placed along the boundary of the tree protection zone. The fencing along the zone shall be maintained until all construction and other work has been completed. Any damages to the protective fencing shall be replaced and repaired before further construction commences.
[d]
In addition to the tree protection zone, trees may be left standing as protection between the trunks of the trees to be retained and the limits of grading. When additional trees are used as protection, the tree protection zone on the approved plan shall be marked in the field so that the additional buffer area is delineated. When this method of protection is used, these additional trees shall be removed at the time of completion of the project.
(d)
Tree replacement.
[1]
Applicability.
[a]
Except when undertaken as an approved tree harvesting operation, tree replacement shall be required whenever permitted woodland disturbance exceeds either of the following standards:
[i]
Woodland disturbance in excess of 15,000 square feet of existing woodland for each principal use permitted on a lot or tract.
[ii]
Woodland disturbance in excess of 25% of an existing woodland on the subject tract measured in its entirety or woodland disturbance in excess of 50% on any single lot within a subdivision.
[b]
In determining the extent of the woodland disturbance, it shall include the entire area within the drip line of any tree comprising a wooded area, where any portion of the drip line of such tree is subject to disturbance.
[2]
Tree replacement standards.
[a]
When required, the replacement of trees shall occur on the same lot or tract where disturbance occurs, except as may otherwise be permitted in Subsection B(7)(d)[2][c] below, and shall occur as prescribed in the Table 9-1, Tree Replacement Schedule.
Table 9-1 | ||
|---|---|---|
Tree Replacement Schedule | ||
DBH of Tree Removed | Number of Replacement Trees (minimum three-inch caliper) | |
Less than 6 inches | 1 | |
Between 6 and 12 inches | 3 | |
Between 12 and 18 inches | 5 | |
Between 18 and 24 inches | 7 | |
Between 24 and 30 inches | 10 | |
Between 30 and 36 inches | 12 | |
36 inches or greater | The equivalent number of three-inch caliper trees or greater needed to equal the DBH of the removed tree. | |
[b]
Replacement trees shall be of nursery grade quality, balled and burlapped.
[c]
Where replacement trees are required but not suitable for the particular site prescribed due to the size of the site or other limitations, the trees shall be used for planting on public lands as close to the tract as possible. Such alternative sites shall be as approved by the Township.
[d]
The type of replacement trees shall be the same species as removed from the site unless the tree removed was an invasive or nonnative plant species or another species acceptable to the Township. The choice of replacement trees shall be approved by the Township.
[e]
Specimen trees retained shall be credited toward the tree replacement requirement at a ratio of three trees credited for each one specimen tree retained.
[f]
Replacement trees shall have been grown within the same USDA hardiness zone as the lot or tract and shall be nursery grown, except those deemed by the Township to be acceptable for transplanting from other disturbed portions of the lot or tract.
[g]
Species of replacement plantings shall reflect careful site evaluation, including:
[i]
Existing and proposed site conditions and their suitability for the tree species, based on geology, hydrology, soil, and microclimate.
[ii]
Specific functional and design objectives, including replacement of the woodlands being removed, enhancement of existing woodlands, reforestation of riparian buffers, landscape buffering, visual screening, noise abatement, energy conservation, wildlife habitats, and maximizing aesthetic values.
[iii]
Maintenance considerations such as hardiness, resistance to insects and disease, longevity, and availability.
[iv]
Because of the many benefits of native species (ease of maintenance, longevity, wildlife habitat, etc.), the use of nursery grown, free-fruiting native trees is strongly encouraged. Selection should reflect species diversity characteristic of the native deciduous landscape of Chester County.
[h]
The planting of replacement trees shall be done by or supervised by a person with horticultural training in tree care and planting methods.
[i]
Newly planted replacement trees shall be monitored for a period of one year to ensure the health of the trees. If a replacement tree(s) dies or is dying within the one year period, the applicant shall replace the dead tree(s) at no cost to the Township.
(e)
Tree removal permits.
[1]
Applicability.
[a]
Except for the exemptions set forth in Subsection B(7)(e)[2], below, no trees shall be cut or otherwise removed from any lands in the Township without a tree removal permit.
[b]
All applications for approval of a subdivision or land development, building permit, special exception, conditional use, or zoning variance requiring tree removal shall include an application for a tree removal permit. Any lot owner, whether residential or nonresidential, wishing to remove trees from said lot shall comply with the appropriate sections of this chapter.
[c]
Applications for tree removal permits shall be submitted to the Zoning Officer for review and approval.
No tree planted or preserved as part of any landscape plan or in accordance with any street tree requirement approved in conjunction with a subdivision or land development plan shall be removed, except for such trees directed to be removed pursuant to other sections of this chapter. |
[2]
Exemptions. The following shall be exempt from requirements for a tree removal permit:
[a]
Trees expressly grown for or by commercial nurseries, fruit orchards, and Christmas tree farms.
[b]
Trees removed in conjunction with farmland greater than five acres in size that will be actively devoted primarily to agricultural uses and that yield a minimum annual gross income of 500 dollars from said farming activities except that where the owner desires to remove any trees for the purpose of expanding farmlands, an inventory of trees to be removed, identified by size and species, shall be prepared and filed with the Township Zoning Officer prior to any tree removal. In the event the expanded farmlands are not actively devoted primarily to farming activities for a period of seven years following tree removal, the tree replacement provisions of § 370-29B(7)(d) shall apply.
[c]
Trees removed from residential lots that are less than two times the minimum required lot size, where removal is no more than three trees with a six-inch dbh or less in any two-year period.
[d]
Trees removed from residential lots that are greater than two times the required lot size and are removing no more than six trees with a six-inch dbh or less in any two-year period.
[e]
Any tree which is located within a cemetery.
[f]
Trees directed to be removed by municipal, county, state, or federal authority pursuant to law.
[g]
Removal of trees which are dead or dying (except within a Zone 1 Riparian Buffer), diseased trees, trees which have suffered damage, or any tree whose angle of growth makes them a hazard to structures, roads, or human life.
[h]
Removal of trees which appear to cause structural damage to buildings or foundations.
[i]
Pruning or removal of trees within the right-of-way by utility companies for maintenance of utility wires or pipelines and the pruning of trees within sight easements.
[j]
Removal of trees less than one year in age.
[k]
Timber harvesting operations requiring submission of a logging plan under § 370-29B(7)(g)[4][b].
[Added 7-11-2022 by Ord. No. 02-2022]
[3]
Tree removal permit requirements. The application for a tree removal permit shall include the following information:
[a]
Name and address of the owner of the lot or tract and legal status (individual, partnership, corporation, etc.).
[b]
Description of the lot or tract where removal is to take place, including lot and block numbers and street address as assigned.
[c]
A list of all trees to be removed with a dbh equal to or greater than six inches identified by size and species, including total number of each species to be removed.
[d]
Purpose for tree removal (new construction, street or roadway, driveway, utility easement, recreation areas, parking lot, etc.).
[e]
Proof that there are no delinquent property taxes or assessments due on the property for which the application is submitted.
[f]
Sufficient information to allow a determination that the proposed tree removal is consistent with the woodland removal limitations and standards of § 370-29B(7) and any other applicable ordinance requirements.
[g]
Such other information as may be deemed necessary by the Zoning Officer to effectively process and evaluate such permit application.
[4]
Tree removal permit time limits.
[a]
Where the tree removal permit application is submitted as part of an application for a subdivision or land development, the time for approval shall be governed by the timing requirements applicable to subdivision and land developments.
[b]
Where the application is made in connection with a lot that is not part of a subdivision or land development, the Township shall act on the application within 30 days of its receipt or within such additional time as is consented to by the applicant. Failure to act on the application within 30 days, or any agreed to extension thereof, shall be deemed to be an approval of the application.
[c]
Approval by default with regard to subdivision or land development plans shall not be deemed a waiver of the tree removal permit.
[5]
Duration of tree removal permit. Permits granted for the removal of trees under the terms and conditions of this chapter shall run with the land and shall remain in force and effect for the following periods of time, and not thereafter. Once the permit has expired, a new application must be submitted for review and a new permit issued. Time limits shall be as follows:
[a]
If granted for a lot or tract for which no building permit is required, one year from the date of issuance.
[b]
If granted for a lot or parcel of land for which a building permit is required, but for which no subdivision or land development approval is required, until expiration of the building permit granted with such tree removal permit.
[c]
If granted for a lot or tract of land for which land development approval is required by the Township as a condition precedent to obtaining a building permit, until expiration of the land development approval, or expiration of the building permit issued after such site plan approval.
[d]
If granted for a lot or tract of land for which minor subdivision is sought, one year from the date of granting of approval for such minor subdivision.
[e]
If granted for a lot or tract of land for which approval of a major subdivision is sought, until expiration of such approval.
[6]
Inspections and enforcement related to tree removal permits.
[a]
Prior to taking final action upon any application for a tree removal permit, an inspection of the site shall be made by the Township.
[b]
Prior to any tree removal, all trees shall be marked and areas to be cleared identified, all of which shall be inspected by the Township.
[c]
The Township shall periodically inspect the lot or tract during the construction phase to verify compliance with this chapter. Such inspection shall be made of the lot or tract referred to in the permit application and of contiguous and adjoining lands, as well as of lands in the vicinity of the application, for the purpose of determining drainage and physical conditions thereon.
[7]
Violations and enforcement remedies shall be as established in §§ 370-129 and 370-130 of this chapter. In addition, where regulated trees are removed without a tree removal permit, the affected areas shall be replanted, increasing replacement requirements of § 370-29B(7)(d) by 50% and planted to the satisfaction of the Township.
(f)
Delineation. The applicant shall delineate woodlands which are on the site, in accordance with § 370-29C. In addition, where trees or woodlands on the site are to be preserved, they shall be clearly delineated on the plan as a tree protection zone.
(g)
Timber harvesting.
[Added 5-26-2009; amended 7-11-2022 by Ord. No. 02-2022]
[1]
Policy; purpose. In order to conserve forested open spaces and the environmental and economic benefits they provide, it is the policy of the municipality of North Coventry Township to encourage the owners of forestland to continue to use their land for forestry purposes, including the long-term production of timber, recreation, wildlife, and amenity values. The timber harvesting regulations contained in Subsection B(7)(g)[1] through [8] are intended to further this policy by:
[2]
Scope; applicability. To encourage maintenance and management of forested or wooded open space and promote the conduct of forestry as a sound and economically viable use of forested land throughout the municipality, forestry activities, including timber harvesting, shall be a permitted use by right in all zoning districts. Subsection B(7)(g)[1] through [8] apply to all timber harvesting within the municipality where the value of the trees, logs, or other timber products removed exceeds $1,000. These provisions do not apply to the cutting of trees for the personal use of the landowner or for precommercial timber stand improvement.
[3]
Definitions. Refer to § 370-29B(7)(a).
[4]
Notification; preparation of a logging plan.
[a]
Notification of commencement or completion. For all timber harvesting operations that are expected to exceed one acre, the landowner shall notify the municipality's Zoning Officer at least five business days before the operation commences and within five business days before the operation is complete. No timber harvesting shall occur until the notice has been provided. Notification shall be in writing and specify the land on which harvesting will occur, the expected size of the harvest area, and, as applicable, the anticipated starting or completion date of the operation.
[b]
Logging plan. Every landowner on whose land timber harvesting is to occur shall prepare a written logging plan in the form specified by this subsection. No timber harvesting shall occur until the plan has been prepared and provided to the municipality. The plan shall be available at the harvest site at all times during the operation and shall be provided to the Code Enforcement Officer upon request.
[c]
Responsibility for compliance. The landowner and the operator shall be jointly and severally responsible for complying with the terms of the logging plan.
[5]
Contents of the logging plan.
[a]
Minimum requirements. At a minimum, the logging plan shall include the following:
[i]
Design, construction, maintenance, and retirement of the access system, including haul roads, skid roads, skid trails, and landings;
[ii]
Design, construction, and maintenance of water control measures and structures, such as culverts, broad-based dips, filter strips, and water bars;
[iii]
Design, construction, and maintenance of stream and wetland crossings; and
[iv]
The general location of the proposed operation in relation to municipal and state highways, including any accesses to those highways.
[b]
Map. Each logging plan shall include a sketch map or drawing containing the following information:
[i]
Site location and boundaries, including both the boundaries of the property on which the timber harvest will take place and the boundaries of the proposed harvest area within that property;
[ii]
Significant topographic features related to potential environmental problems;
[iii]
Location of all earth disturbance activities, such as roads, landings, and water control measures and structures;
[iv]
Location of all crossings of waters of the commonwealth; and
[v]
The general location of the proposed operation to municipal and state highways, including any accesses to those highways.
[c]
Compliance with state law. The logging plan shall address and comply with the requirements of all applicable state regulations, including, but not limited to, the following:
[d]
Relationships of state laws, regulations, and permits to the logging plan. Any permits required by state laws and regulations shall be attached to and become part of the logging plan. An erosion and sedimentation pollution control plan that satisfies the requirements of Title 25 of the Pennsylvania Code, Chapter 102, shall also satisfy the requirements for the logging plan and associated map specified in Subsection B(7)(g)(5)[a] and [b] of this section, provided that all information required by these subsections is included or attached.
[6]
Forest practices. The following requirements shall apply to all timber harvesting operations in the municipality:
[a]
Felling or skidding on or across any public thoroughfare is prohibited without the express written consent of the municipality or the Pennsylvania Department of Transportation, whichever is responsible for maintenance of the thoroughfare.
[b]
No tops or slash shall be left within 25 feet of any public thoroughfare or private roadway providing access to adjoining residential property.
[c]
All tops and slash between 25 and 50 feet from a public or private roadway providing access to adjoining residential property or within 50 feet of adjoining residential property shall be lopped to a maximum height of four feet above the ground.
[d]
No tops or slash shall be left on or across the boundary of any property adjoining the operation without the consent of the owner thereof.
[e]
Litter resulting from a timber harvesting operation shall be removed from the site before it is vacated by the operator.
[7]
Responsibility for road maintenance and repair; road bonding. Pursuant to Title 75 of the Pennsylvania Consolidated Statutes, Chapter 49,[10] and Title 67 of the Pennsylvania Code, Chapter 189,[11] the landowner and the operator shall be responsible for repairing any damage to municipality roads caused by traffic associated with the timber harvesting operation to the extent the damage is in excess of that caused by normal traffic. The operator may be required to furnish a bond to guarantee the repair of such damages.
[8]
Enforcement.
[a]
Zoning Officer. The Zoning Officer shall administer and enforce for Subsection B(7)(g)[1] through [8] of this section.
[b]
Permit. The Zoning Officer shall review the logging plan within 30 days of receipt. If the applicant has satisfied the criteria for the logging plan set forth in Subsection B(7)(g)[5] above, the Zoning Officer shall issue a permit subject to the application's satisfaction of the required logging plan review fee. In the event the Zoning Officer shall determine that the application has not satisfied the criteria for the logging plan set forth in Subsection B(7)(g)[5] above, the Zoning Officer shall deny the application and identify the criteria not satisfied.
[c]
Inspections. The Zoning Officer may go upon the site of any timber harvesting operation before, during, or after active logging to review the logging plan or any other required documents for compliance with Subsection B(7)(g)[1] through [8] and inspect the operation for compliance with the logging plan and other on-site requirements of these regulations. Note that active logging sites are inherently dangerous, even when tree felling is not occurring. No one should ever enter onto an active logging site without the proper personal protective equipment and/or without giving prior notification to the logging supervisor.
[d]
Violation notices; suspensions. Upon finding that a timber harvesting operation is in violation of any provision of this subsection, the Zoning Officer shall issue the operator and the landowner a written notice of violation describing each violation and specifying a date of not less than 30 days by which corrective action must be taken. The Zoning Officer may order the immediate suspension of any operation upon finding that corrective action has not been taken by the date specified in a notice of violation, the operation is proceeding without a logging plan, or the operation is causing immediate harm to the environment as confirmed by the local conservation district and DEP. Suspension orders shall be in writing, issued to both the operator and the landowner, and remain in effect until, as determined by the Zoning Officer, the operation is brought into compliance with this subsection or other applicable statutes or regulations of the logging plan. The landowner or the operator may appeal an order or decision of the Zoning Officer within 30 days of issuance to the governing body of the municipality.
[e]
Penalties. Any landowner or operator who violates any provision of this subsection, refuses to allow the Zoning Officer access to a harvest site pursuant to Subsection B(7)(g)[5][c] of this section, or fails to comply with a notice of violation or suspension order issued under Subsection B(7)(g)[5][c] of this section is guilty of a summary offense and, upon conviction, shall be subject to a fine of not more than $500, plus costs. Each day the violation continues may constitute a separate offense. The enforcement of this subsection by the municipality shall be by action brought before a district magistrate in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure.
[f]
Fees. The fees for logging plan permit review shall be as set from time to time by resolution of the Township Board of Supervisors.
(8)
Wellhead protection. Wellhead protection of community water supply wells shall be consistent with the requirements of the Wellhead Protection Ordinance of North Coventry Township.
C.
Application of natural resource protection standards.
(1)
Plan information and delineation of protected resources. To ensure compliance with the natural resource protection standards of this section, the following information shall be submitted by the applicant when land disturbance is contemplated in conjunction with a zoning or building permit, conditional use or special exception approval, zoning variance, or subdivision and land development approval. Where applicable, such information shall be included with a preliminary plan as required in Chapter 320, Subdivision and Land Development, and shall be consistent with the informational requirements of Chapter 320, Subdivision and Land Development.
(a)
A site plan which identifies the limits of each of the natural resources on the site, including tree protection zones if applicable, and the proposed use of the site including any existing or proposed structures;
(b)
All encroachments and disturbances necessary to establish the proposed use on the site, including a grading plan showing existing and proposed contours;
(c)
The minimum buildable area(s) and areas reserved for on-lot sewage systems, as described in Subsection C(2), below;
(d)
In those cases where only a limited amount of the site or tract will be subject to disturbance (i.e., 1,000 square feet or less), the Zoning Officer may determine the area of land required to be shown on the plan information that will adequately demonstrate compliance with the natural resource protection standards of this section. Where less than the entire site is to be shown on the plan, the application shall be accompanied by a written explanation from the applicant as to why it is not necessary to include the entire site with the plan information.
(e)
Calculations indicating the area of the site with natural resources and the area of natural resources that would be disturbed or encroached upon. The calculation shall be shown on the plan as indicated in Table 9-2.
Table 9-2 | |||||
|---|---|---|---|---|---|
Site Disturbance Calculations | |||||
Protected Resource | A Amount of Land in Protected Resource* (square feet) | B Maximum Disturbance Allowance** (percent) | C Maximum Amount of Disturbance Allowed (square feet) (A X B) | D Proposed Disturbance (square feet)*** | |
Floodplain | 0% | ||||
Watercourses | 0% | ||||
Riparian Buffers | |||||
Zone 1 Buffer | 0% | ||||
Zone 2 Buffer | 10% | ||||
Wetlands | 0% | ||||
Wetlands Margin | 10% | ||||
Steep Slopes | |||||
Greater than 25% | 10% | ||||
15% to 25% | 20% | ||||
Woodlands: | |||||
Residential Uses | 25% | ||||
Nonresidential Uses | 35% | ||||
* | Where a resources overlap, the overlapping area should be included under the more restrictive resource category (i.e., where woodlands overlap with wetlands, include the area of overlap in the wetlands category). |
|---|---|
** | Disturbance allowances may be modified where federal or state permits have been obtained by the applicant and provided to the Township. |
*** | The figures in Column D must be less than or equal to the figures in Column C. |
(2)
Minimum buildable area.
(a)
Purpose. The purpose of the identification of the minimum buildable area is to ensure sufficient area is provided for the general location of the building, driveway, patio, other important improvements and site alterations while meeting the natural resource protection standards and minimum setback requirements of this chapter.
(b)
Building area delineation. The applicant shall delineate on the plan a buildable area sufficient in size to accommodate proposed site improvements and which complies with the maximum disturbance requirements of this section and any other applicable ordinances and codes.
(c)
On-lot sewage facilities delineation. For uses with individual on-lot sewage systems, a 2,000 square foot or larger area, in addition to the minimum buildable area specified above, shall be identified for the location of the sewage system. A minimum 2,000 square foot reserve or replacement area shall also be identified. Such area(s) shall not include the portion of those environmentally sensitive areas that may not be developed or intruded upon as specified in § 370-29B.
(3)
Continued protection of identified natural resources. To ensure the continued protection of identified natural resources, the following requirements shall apply:
(a)
Protected resources on individual lots.
[1]
For natural resource protection areas on individual lots, restrictions meeting Township specifications shall be placed in the deeds for each site or lot that has natural resource protection areas within its boundaries. It shall be clearly stated in the individual deeds that the maintenance responsibility lies with the individual property owner. The restrictions shall provide for the continuance of the resource protection areas in accordance with the provisions of this chapter.
[2]
Other mechanisms for ensuring the continued protection of identified resources, such as conservation easements, may also be considered and used if approved by the Township.
(b)
Protected resource areas held in common. For natural resource protection areas held in common, the provisions of § 370-81, common open space, shall apply. In addition to the provisions of § 370-81, restrictions meeting Township specifications shall be placed on the natural area to be held in common. The party or organization responsible for the maintenance of the natural area shall be clearly identified in the deed. The restrictions shall provide for the continuance of the resource protection areas in accordance with the provisions of this chapter. In addition, restrictions on protected areas shall be included in the development's declaration of covenants, easements, or restrictions or similar documents regulating the use of property and setting forth methods for maintaining open space. A copy of such documents shall be provided to the Township.
(c)
Changes to approved plans. All applicable plans and deeds shall include the following wording: "Any structures, infrastructure, utilities, sewage disposal systems, or other proposed land disturbance indicated on the approved final plan shall only occur at the locations shown on the plan. Changes to such locations shall be subject to additional review and re-approval and shall be consistent with the resource protection standards of § 370-29 of the North Coventry Township Zoning Chapter."
§ 370-30 Interchange Overlay District.
A.
Purpose. In addition to the general goals listed in the statements of Purpose, § 370-2, and Community development objectives, § 370-3, the purpose of this overlay district is:[1]
(1)
To maintain safe, efficient circulation through the interchange area by requiring development to meet safe access provisions, by limiting development which could block adequate site distances or distract drivers, and to promote safe pedestrian circulation facilities.
(2)
To provide buffering that helps to reduce the noise, vibration, exhaust emissions, or visual effects of traffic movement along the interchange's surrounding land uses.
(3)
To provide an adequate transition between the higher intensity land use areas near the interchange and the less intensive perimeter areas.
(4)
To provide potential space for locating transportation facilities and utilities in a common corridor located beyond but adjacent to the interchange and associated street rights-of-way.
(5)
To provide suitable setbacks to reserve space for the potential widening of interchange components should future improvements be warranted and to minimize disruption to said uses.
(6)
To combine the standards of the overlay district with the zoning requirements of the underlying zoning districts to accomplish the specific purposes described in this section and to make the best possible use of the interchange area as a local economic resource.
[1]
Editor's Note: Former Subsections 1 and 2, which immediately followed this subsection, were repealed 2-26-2007.
B.
Applicability Within its boundaries, the Interchange Overlay District does not alter the uses permitted in the base zoning. However, within the boundaries of the Interchange Overlay District, these uses of land are permitted by obtaining conditional use approval in accordance with § 370-138 of this chapter and meeting the criteria for evaluation as described in that section.
[Amended 2-26-2007]
C.
Establishment of the Interchange Overlay District. For the purposes of this chapter, the Interchange Overlay District shall comprise the land areas adjacent to the Route 100/724 Interchange as indicated on the North Coventry Township Zoning Map. Specifically, the district boundaries shall be defined as follows:
(1)
The northern boundary line of the Interchange Overlay District shall be 1,500 feet north of the center of the Pennsylvania State Route 724 highway;
(2)
The southern boundary line shall be 500 feet south of the center of the Pennsylvania State Route 724 Highway;
(3)
The western boundary line shall be 500 feet west of the center of the Pennsylvania State Route 100 highway;
(4)
The eastern boundary line shall be 500 feet east of the center of the Pennsylvania State Route 100 highway.
(5)
The northern and eastern boundaries also shall extend just enough to include within the Interchange Overlay District all of a 6.7 acre lot, all of a 2.5 acre lot, and all of a 1.8 acre lot, known respectively as Chester County Tax Parcel No. 17-3-24, Chester County Tax Parcel No. 17-3-31 and Chester County Tax Parcel No. 17-3-26 at the time of the enactment of this chapter, on the southeastern side of the interchange of State Route 100 and the Pottstown Bypass State Route 422.
(6)
For purposes of determining boundaries of the Interchange Overlay District, the center of each highway involved is the center of the principal highway, excluding on-ramps and off-ramps, at the time of the enactment of this chapter.[2]
[2]
Editor's Note: Former Subsection D, regarding uses permitted in the Interchange Overlay District, which immediately followed this subsection, was repealed 2-26-2007.
D.
Criteria for evaluation of interchange overlay application. The applicant shall prove, to the satisfaction of the Township Board of Supervisors, that the following criteria are met in the proposal:
(1)
Overall criteria.
(a)
The size, scope, extent, and character of the conditional use desired shall be consistent with the spirit, purpose, intent, and requirements of this chapter.
(b)
The character and type of development in the area surrounding the location for which the application is made shall be considered. The proposed use shall be compatible with adjoining existing land uses. The proposed use shall not injure or detract from the use of surrounding properties or from the character of the neighborhood. Parking, traffic control, screening, lighting, and setbacks shall be implemented in such a manner to remove any potential adverse influences the conditional use may have on adjoining uses.
(c)
The extent to which the proposed use can be regulated safely and effectively by conditions and safeguards shall be considered.
(d)
The location, need, and suitability of the proposed conditional use shall be considered in light of the Township Comprehensive Plan or other appropriate guidelines and studies. The proposed conditional use at the location in question shall be in the public interest and best serve the public health, safety, morals, general welfare, and convenience of the community.
(e)
The applicant shall comply with all other applicable ordinances, resolutions, and laws.
(2)
Design criteria.
(a)
The development shall consist of a harmonious grouping of buildings or other structures, and adequate service, parking and open spaces. Consideration shall be given to the proposed conditional use with respect to the most appropriate use of land; conserving building and property values; conservation of sensitive natural areas; safety from property fire, flood, panic and other dangers; limitations posed by any steep slope areas; adequacy of light and air; potential for overcrowding of land and population congestion; and adequacy of public and community services.
(b)
The architectural style of any buildings and the design of any signs shall be appropriate to the use and the location, consistent with the style of any proximate structures of historical value, compatible with the surrounding neighborhoods and districts, and beneficial to the general welfare of the Township. Signs shall comply with the requirements of Article XIII.
(c)
Screenings, which may include, landscaping, berms, buffers, and sound barriers, shall abate noise and visual intrusions into neighboring properties, and shall prevent vehicular and pedestrian traffic from crossing from the proposed development into areas where such traffic would be undesirable and inappropriate. The applicant shall show how the proposed abatement of noise and visual pollution will be achieved and maintained.
(d)
Landscaping shall meet all Township landscaping standards and shall recognize the unique location of the proposed use and the character of surrounding neighborhoods and districts. There shall be sufficient land available to allow effective screening of the proposed conditional use from adjoining uses.
(e)
Lighting shall be designed and arranged to recognize the needs of the development and to protect the character of surrounding neighborhoods to the satisfaction of the Township Board of Supervisors. Lighting for buildings, access ways and parking areas shall be arranged so as not to direct their output toward public streets or cause unnecessary annoyance to building occupants or surrounding property owners or residents. All requirements of § 370-77, Outdoor lighting, shall be met.
(f)
New streets shall be built to Township design standards for public streets, and any previously existing, substandard streets within and abutting the development boundaries shall be widened and improved according to Township design standards for public streets and according to all applicable provisions of Township ordinances and resolutions.
(3)
Traffic and circulation.
(a)
The probable effects of the proposed conditional use on the nearby highway interchange and on general highway congestion shall be considered, and adequate access arrangements shall be provided in order to protect streets and highways in the Township from undue congestion and hazard.
(b)
The applicant shall submit, at the applicant's expense, a traffic study prepared by a qualified professional containing an analysis of the transportation impacts of the proposed conditional use development and recommendations of appropriate alternatives for mitigating the impacts. The applicant may be required to submit, as part of or as a follow-up to the traffic study, preliminary designs for highway improvements deemed appropriate or desirable by the Township Board of Supervisors. The traffic study shall be considered, and the applicant shall mitigate significant transportation impacts to the satisfaction of the Township Board of Supervisors.
(c)
The development of highway frontage shall be designed to limit the total number of access points, reduce the need for on-street parking and encourage the frontage of buildings on parallel marginal roads perpendicular to the highway. Overall vehicular circulation within areas affected by the proposed conditional use shall be considered, and the applicant shall make provisions to ensure safe and efficient traffic flow.
(d)
The maintenance of safe and convenient pedestrian flows shall be considered, and the applicant shall provide adequately for new pedestrian traffic patterns that are likely to arise from the conditional use.
(4)
Public improvements and infrastructure.
(a)
Provisions shall be made for appropriate public improvements, including but not limited to highway and utility improvements, where deemed necessary by the Township Board of Supervisors.
(b)
Fire prevention, fire detection, and fire fighting measures proposed by the applicant shall be considered. The applicant shall provide for adequate fire protection for the proposed conditional use.
(c)
The safety, healthfulness, and adequacy of proposed sewer and water facilities shall be considered. All utilities within the development shall be underground.
(d)
Stormwater runoff from the conditional use shall not be redirected or concentrated onto neighboring properties. Stormwater management and erosion control is subject to all requirements of Chapter 194, Grading, Erosion and Sediment Control; Stormwater Management, and all other applicable laws.
[Amended 1-27-2014]
(e)
The need for recreational open space shall be considered. Where any residential use is involved, common open space shall be provided for in a manner consistent with provisions for community facilities in Chapter 320, Subdivision and Land Development. Sensitive natural areas shall be preserved in accordance with § 370-29.[3]
[3]
Editor's Note: Former Subsection F, regarding requirements for specific uses, which immediately followed this subsection, was repealed 2-26-2007.
E.
Application and site plan information.
(1)
Each application for a conditional use permit shall be accompanied by the information required by § 370-84, Information requirements for conditional use and special exception proposals.
(2)
Certain of the items and details described in § 370-84 of this chapter may be excluded if the Township Board of Supervisors specifically agrees in writing that those items and details are unnecessary for the review of the proposal.
(3)
If the applicant is considering a variety of locations and arrangements for any proposed buildings, alterations and improvements, he shall state in writing that he is considering such alternative locations and arrangements, and shall present general proposals for each alternative.
(4)
The Board of Supervisors, at its discretion, may require that the applicant submit, with the principal conditional use site plan, detailed plans for alternative development layouts.
(5)
The Township Board of Supervisors, at its discretion, may require that the conditional use site plan be submitted with renderings of all sides of proposed buildings, indicating building details.
(6)
The applicant shall provide abutting property owners written notification of the application for any conditional use.
(7)
If the development is to be carried out in progressive stages, each stage shall be so planned that the foregoing conditions and intent of this chapter shall be fully complied with at the completion of any stage. In the application for conditional use permit, the applicant must show which conditions are applicable to each specific stage. Applicable conditions must be attached to each building permit at each stage. Whether the development is carried out in one stage or in several stages, no use and occupancy permit shall be issued at any stage until all applicable conditions for that stage are met.
(8)
The applicant shall submit to the Township a bond or other acceptable assurance for such improvements as the Township Board of Supervisors deems necessary to protect the public health, safety and welfare of the new development and of all affected neighborhoods and districts.
F.
Review process. The review process for the proposed conditional use shall be as prescribed in § 370-138, Conditional use process.
G.
Additional conditions and safeguards. In approving a conditional use, the Township Board of Supervisors may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of the Pennsylvania Municipalities Planning Code, as amended and revised, and of the Township Zoning Chapter, as amended. Said conditions and safeguards may be related to, but not limited to, traffic, aesthetics, screening, lighting, noise, health, safety and the minimizing of noxious, offensive or hazardous elements.
H.
Conditional use approval. Any use in the Interchange Overlay District to which a conditional use permit is granted shall be deemed to be a conforming use in the zoning district in which such use is located and approved, unless the permit is rescinded under the following provisions:
(1)
Should the applicant fail to obtain any necessary conditional use permit within a six-month period, or having obtained the permit should he fail to commence work thereunder within two years following the availability of a public sanitary sewer system connection for the conditional use, it shall be conclusively presumed that the applicant has waived, withdrawn or abandoned his application or all provisions of the conditional use; and any permit granted to him shall be deemed automatically rescinded by the Board of Supervisors, unless the Board of Supervisors, at its discretion, grants in writing an extension of time to obtain any necessary permit or to commence work.
(2)
Should the applicant commence construction or alteration within two years of the availability of a public sanitary sewer connection, but should he fail to complete such construction or alteration within five years of the commencing of construction, the Board of Supervisors may, upon 30 days notice in writing, rescind or revoke the granted conditional use or the issuance of the permit or permits; provided, however, that, where the Township permitted a conditional use development to be carried out in progressive stages, any completed stages would stand approved as a conforming use; and provided, too, that if the Board of Supervisors finds good and sufficient reason for the applicant's failure to complete the full development within five years of the commencing construction, the Board of Supervisors may grant a time extension in writing.
§ 370-31 Scenic Preservation Overlay District.
A.
Purpose. In addition to the general goals listed in the statements of Purpose, § 370-2, and the Community development objectives, § 370-3, the purpose of this overlay district is:
(1)
To preserve the scenic eastern and western approaches to the Township.
(2)
To promote preservation and rehabilitation of existing structures of historic significance within the overlay district.
(3)
To permit interior changes to the historic structures within the district for private or commercial purposes, while maintaining their current appearance.
(4)
To encourage the preservation of the manicured lawns, tree allees, groves, and other extensive landscaping within the overlay district.
(5)
To encourage and promote continued open space, recreation, and conservation uses.
B.
Establishment of the overlay district. The Scenic Preservation Overlay District shall consist of the following two areas within the Township:
(1)
Eastern overlay area: The northern boundary line shall be a line parallel to Route 724, extending 400 feet north of the center line of Route 724. The southern boundary shall be a line parallel to Route 724, extending 600 feet south of the center line of Route 724. The western boundary shall be the located at the intersection of Route 724 and Cemetery Road, extending 400 feet north of the Route 724 center line at the same angle as Cemetery Road and 600 feet south of the Route 724 center line following Cemetery Road. The eastern boundary shall be located at a point 2,300 feet east of the intersection of Route 724 and Cemetery Road, extending 400 feet north and 600 feet south of the Route 724 center line.
(2)
Western overlay area: The northern boundary line shall be a line parallel to Route 724, extending 400 feet north of the center line of Route 724. The southern boundary shall be a line parallel to Route 724, extending 600 feet south of the center line of Route 724. The western boundary shall be located at the intersection of Route 724 and Catfish Lane, extending 400 feet north and 600 feet south of the Route 724 center line. The eastern boundary shall be located at the intersection of Route 724 and Laurelwood Road, extending 600 feet south of the Route 724 center line, following the center line of Laurelwood Road; and extending 400 feet north of the Route 724 center line, 400 feet to west of the intersection of Route 724 and Laurelwood Road at the same angle as the center line of Laurelwood Road.
[Amended 2-26-2007]
C.
Uses permitted in the Scenic Preservation Overlay District. The following uses shall be permitted within the overlay district:
(1)
By-right uses. A lot may be used or occupied for any of the following purposes and no other:
D.
Area and bulk regulations. Area and bulk regulations shall be as established for the underlying base district.
E.
Additional standards applicable to the Scenic Preservation Overlay District.
(1)
There shall be no new construction in the overlay district except that related to approved adaptive reuse projects, to the repair of existing structures, or as permitted in Article XV of this chapter.
(2)
Where Residential Design Options RC-1, RR-1 (Conservation Design) or R1-1 (Open Space Design) are proposed on a tract overlain by the Scenic Overlay District, the total acreage of that portion of the tract falling within the Scenic Overlay District may be used to offset a proportionate amount of acreage required to be set aside for open space under the RC-1, RR-1, or R1-1 Design Options.
(3)
The construction of new roads or driveways crossing the overlay district shall be discouraged. Unless clearly impractical or inappropriate, access to properties in or adjacent to the overlay district shall be taken from existing roads or driveways.
(4)
Where portions of the overlay district have been designated for use as open space, the provisions of § 370-81 for design, management, and ownership shall apply.
(5)
Off-premises signs and portable signs shall not be permitted within the Scenic Preservation Overlay District. Where the base district is an industrial or commercial district, the dimensional requirements for signs in the Town Center District shall apply.
§ 370-32 Historic Preservation Overlay District.
A.
Purpose.
(1)
In addition to the purposes listed in the statement of purpose, § 370-2, this section responds to the community development objectives in § 370-3A. The purpose of these objectives is to protect valuable historic resources from degradation or destruction in order to preserve the cultural roots of the Township.
(2)
In accordance with the Pennsylvania Municipalities Planning Code, Act 247, Section 603(a); Section 603(b)(2); and Section 603(b)(3),[1] this Historic Preservation Overlay District establishes the following purposes:
(a)
To promote retention of the character of the municipality through recognition and protection of historic and cultural resources.
(b)
To establish a clear process by which proposed changes affecting historic resources are reviewed.
(c)
To mitigate the negative effects of proposed changes affecting historic resources.
(d)
To encourage the continued use of historic resources and to facilitate their appropriate reuse.
(e)
To encourage the preservation of historic settings and landscapes.
(f)
To discourage the demolition of historic resources.
(g)
To implement the goals of the Pennsylvania Constitution at Article I, Section 27, which establishes the state policy of encouraging the preservation of historic and aesthetic resources and to implement Sections 604(1) and 605(2)(vi) of the Pennsylvania Municipalities Planning Code[2] to permit additional classifications within any zoning district for the regulation of uses and structures, at, along or near "places having unique historical, architectural or patriotic interest or value."
[2]
Editor's Note: See 53 P.S. § 10604(1) and 10605(2)(vi).
[1]
Editor's Note: See 53 P.S. §§ 10603(a), 10603(b)(2) and 10603(b)(3).
B.
General provisions. The Historic Preservation Overlay District shall conform with the boundaries of North Coventry Township. The provisions of this section shall apply to all areas of North Coventry Township as established by Article IX, § 370-27.
(1)
Identification: All historic resources in North Coventry Township shall be identified and categorized. Historic resources can include any prehistoric or historic district, site, building, structure or object. An official list of all resources identified shall be prepared and all resources on the official list shall be shown on the official Historic Resource Map.
(2)
Compliance: Change to any historic resource on the official list and map shall occur only when in compliance with the terms of this section and other applicable regulations.
(3)
Historic Resource Map: The Historic Resource Map shall be an overlay on any zoning district now or hereafter enacted to regulate the use of land in North Coventry Township.
(a)
Applicability: For any property on the official list and map, the provisions of this section shall apply, in addition to those of the underlying zoning district, and supersede the otherwise applicable requirements of the underlying zoning district to the extent those provisions are inconsistent with the provisions of this section.
(b)
Revision: Should the official list and map be revised as a result of legislative action or judicial decision, the zoning requirements and other regulatory measures applicable to the property in question shall be those of the underlying zoning district without consideration of this section.
(4)
Preservation of other restrictions: It is not intended by this section to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this section imposes greater restrictions, the provisions of this section shall prevail.
C.
Historic Resources List and Map.
(1)
The official Historic Resources List shall identify historic resources by tax parcel number. The street address, owner's name, historic resource, type of resource and category of each resource shall also be included in the list. This list shall be reviewed and updated annually by the Historical Commission. All resources on the list shall be marked upon the official Historic Resource Map. The official Historic Resource Map shall also depict the boundaries of all certified Historic Districts that may be enacted under Pennsylvania Act 167.
(2)
(3)
Revisions: The Historic Resources List and Map may be revised from time to time by legislative action of the Board of Supervisors following a public hearing, at which time the proposed changes shall be presented.
(a)
Proposed revisions to the Historic Resources List and Map shall be submitted by the Historical Commission to the Board of Supervisors in writing. Revisions are defined as additions, deletions or changes of classification. Revisions do not include routine list maintenance to update ownership.
(b)
The owner(s) of any property(ies) which are the subject of any such proposed legislative action shall be given written notice of the Historical Commission's recommendation to the Board of Supervisors at least 10 days prior to the public hearing.
D.
Historical Commission. The Historical Commission shall be a resource on historic preservation issues for the Zoning Officer in the administration of this section and perform all duties assigned to it in the provisions of this section. The Commission shall also be a resource for Township officials, as well as for the residents of North Coventry Township in accordance with the purposes and duties listed below for reference, set forth in Ordinance 76, an ordinance of North Coventry Township establishing the North Coventry Township Historical Commission.[3]
(1)
The Historical Commission shall perform all of the functions assigned by federal law, state law or Township ordinances to the Historical Commission.
(2)
The Historical Commission shall survey and study the entire Township and shall from time to time obtain suggestions from the public by available means, including but not limited to public meetings or public hearings, requests for written suggestions, oral surveys and written surveys.
(3)
The Historical Commission shall list all buildings in the Township having historical significance. The Historical Commission shall list all neighborhoods in the Township having historical significance.
(4)
The Historical Commission shall undertake research, inspection and investigation of sites, buildings and neighborhoods.
(5)
The Historical Commission shall maintain current lists of all historical landmarks, buildings, sites and neighborhoods. Such lists shall contain a brief description of the historical site or area and shall list the reasons for its inclusion in the list of historical places.
(6)
The Historical Commission shall cause drawings, photographs, descriptions or other appropriate documentation to be made concerning all areas and buildings included in the list.
(7)
The Historical Commission shall inform the owners, neighbors and occupants or tenants in any building or area on the list of its inclusion on the list. The Historical Commission shall also inform the Board of Supervisors, the state authorities dealing with historical areas and historic landmarks, and federal authorities dealing with such matters in the area. The Historical Commission shall take all steps necessary to gain state and federal recognition for such areas.
(8)
The Historical Commission shall present recommendations to the Board of Supervisors on proposed ordinances and on proposed steps to preserve, protect and restore all such historic areas, historic buildings, historic landmarks and the like, and, if requested to do so by the Board of Supervisors, shall make recommendations for the establishment of historic districts within the Township and shall recommend the certain buildings, landmarks, or areas to be included within such historic districts, together with a recommendation on the type of restrictions upon the types of changes or alterations which should be allowed to be made to the exteriors of any buildings, structures, features or sites within any historic district created within the Township.
E.
Demolition of Class I and II historic resources. All applications for demolition shall be reviewed against the official historic resource list and map. No Class I or Class II historic resource shall be demolished, in whole or in part, including the indiscriminate removal or stripping of any significant interior or exterior architectural features, unless a permit is obtained from the Zoning Officer in accordance with the following requirements:
(1)
Application requirements. One copy of a properly completed application for demolition shall be forwarded to the Zoning Officer, along with:
(a)
Name, address and phone number of owner of record;
(b)
Classification of historic resource on official list and map;
(c)
Recent interior and exterior photographs of the resource proposed for demolition;
(d)
A site plan showing all buildings and natural features on the property;
(e)
An explanation of the reasons for demolition;
(f)
Method of demolition;
(g)
Proposed use for the site;
(h)
Proposed disposition of materials; and
(i)
Timeline for implementation of proposed use for the site.
(2)
Review by the North Coventry Township Historical Commission.
(a)
The Zoning Officer, who shall notify the Historical Commission of the application for demolition within five days of acceptance of a properly completed application, including the necessary filing fee.
(b)
Within 30 days of receipt of a complete application, at its next regular meeting or a special meeting, the North Coventry Historical Commission shall meet to review the application for demolition. The applicant will be notified of the meeting and encouraged to present evidence or testimony pertaining to the demolition. In reviewing the application, the Historical Commission shall take into account:
[1]
The effect of demolition on the historical significance and architectural integrity of neighboring historic resources and on the historic character of the neighborhood, district or vicinity in which the resource is located;
[2]
Economic feasibility of continuing the existing use, or of adaptively reusing the resource proposed for demolition; and
[3]
Alternatives to demolition of the resource.
(3)
Recommendation of the Historical Commission.
(a)
The Commission may recommend immediate approval of the permit and may so advise the Zoning Officer.
(b)
Alternatively, the Commission may elect to use the following time periods to provide adequate opportunity for documentation of the resource as set forth in Subsection E(4), below; provide time for the applicant to prepare a financial analysis as set forth in Subsection E(5), below; and/or discuss alternatives to demolition with the applicant.
(4)
Documentation. The applicant may be required to provide documentation of the resource proposed for demolition. Such documentation may include:
(a)
Photographs;
(b)
Floor plans;
(c)
Measured drawings;
(d)
Archeological survey;
(e)
Expert testimony, such as, but not limited to, a certified engineering report on the structural stability of the resource indicating threats to public safety; or
(f)
Evaluations and studies on alternative uses for the resource.
(5)
Financial analysis. The applicant may be required to prepare a financial analysis which may include any or all of the following:
(a)
Amount paid for the property, date of purchase, and party from whom 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)
Any consideration by the owner as to profitable, adaptive uses for the property.
(6)
Recommended denial of demolition. Prior to the expiration of the ninety- or sixty-day review period, the Commission may recommend denial of the application. In such cases, the Commission shall make a written report to the Board of Supervisors setting forth reasons for its recommendation and the evidence considered.
(a)
If the Class I or Class II resource is structurally sound, as determined by a registered structural engineer, and a use can be found that offers a reasonable rate of return, the recommendation of the Commission shall be against demolition.
(7)
Final decision on demolition. Within 30 days of receipt of the Commission report, the Board of Supervisors shall consider the Commission's recommendation. The owner of the resource proposed for demolition shall be given 10 days' notice of the Supervisors' meeting. The Supervisors will consider the Commission's report, as well as any evidence, reports or testimony from interested parties and will render a decision to either deny or approve the application for demolition within 10 days of the meeting. This period may be extended, and its length established, by mutual consent.
(8)
Any costs incurred by the Commission to review plans or studies submitted by the Commission's consultant specifically retained for this purpose shall be reimbursed to the Township by the applicant.
(9)
Demolition by neglect. When a Class I or Class II historic resource is left open to vandalism, or is improperly maintained so as to make it vulnerable to excessive decay or ruin, it shall be considered demolition by neglect and the following shall apply:
(a)
Unoccupied buildings or structures shall be properly sealed, fenced off, and the utilities turned off for safety, at the owner's expense, in accordance with the provisions of National Park Service Preservation Brief No. 31.
(b)
The structural integrity of both occupied and unoccupied Class I and Class II historic resources shall be achieved through proper maintenance of all structural, architectural and other critical elements to ensure against damage by the elements, including, but not limited to, maintenance of the roof, chimney(s), cornice, soffit, fascia, spouting, and window and door openings, including sills, headers, lintels and jambs.
(c)
The interior and exterior of the building shall be inspected no less than annually by the Code Enforcement Officer, a member of the Historical Commission, and the property owner or his agent, to determine maintenance requirements.
(10)
Enforcement.
(a)
Violations and penalties. Any person who demolishes a historic resource in violation of the provisions contained herein shall be subject to a fine of $500 per offense, with each day in violation being a separate offense.
(b)
The Zoning Officer shall withhold issuing a building permit for a property that, at the date of enactment of this section, was occupied by a Class I or Class II historic resource that was subsequently demolished in violation of this section, until the appropriate review is completed.
(c)
In addition to the above remedies, the Zoning Officer may take other appropriate legal action, which may include equitable and injunctive relief, to enforce the provisions of this section.
(d)
Appeals to this process shall be made to the Zoning Hearing Board.
F.
Demolition of Class III historic resources. The following shall apply to Class III historic resources:
(1)
Permit requirements. No Class III historic resource shall be demolished, in whole or in part, including the indiscriminate removal or stripping of any significant interior or exterior architectural features, unless a permit is obtained from the Zoning Officer in accordance with the permitting procedures of the Township.
(2)
Application requirements. One copy of a properly completed application for demolition shall be forwarded to the Zoning Officer along with:
(a)
Name, address and phone number of owner of record;
(b)
Classification of historic resource on official list and map;
(c)
Recent interior and exterior photographs of the resource proposed for demolition;
(d)
A simple sketch plan showing all buildings and natural features on the property;
(e)
An explanation of the reasons for demolition;
(f)
Method of demolition;
(g)
Proposed use for the site;
(h)
Proposed disposition of materials; and
(i)
Timeline for implementation of proposed use for the site.
(3)
Review by the North Coventry Township Historical Commission.
(a)
The Zoning Officer, who shall notify the Historical Commission of the application for demolition within five days of acceptance of a properly completed application, including the necessary filing fee.
(b)
Within 30 days of receipt of a complete application, at its next regular meeting or a special meeting, the North Coventry Historical Commission shall meet to review the application for demolition. The applicant will be notified of the meeting and encouraged to present evidence or testimony pertaining to the demolition. In reviewing the application, the Historical Commission shall take into account:
[1]
The effect of demolition on the historical significance and architectural integrity of neighboring historic resources and on the historic character of the neighborhood, district or vicinity in which the resource is located;
[2]
Economic feasibility of continuing the existing use or of adaptively reusing the resource proposed for demolition; and
[3]
Alternatives to demolition of the resource.
(4)
Recommendation of the Historical Commission:
(a)
The Commission may recommend immediate approval of the permit and may so advise the Zoning Officer;
(b)
Alternatively, the Commission may elect to review the application for a period of up to 30 days in order to provide adequate opportunity to discuss alternatives to demolition with the applicant;
(c)
Prior to the expiration of the thirty-day review period, the Commission may recommend approval or denial of the demolition permit in writing to the Board of Supervisors, setting forth reasons for its recommendation and the evidence considered.
(5)
Final decision on demolition. Within 30 days of receipt of the Commission report, the Board of Supervisors shall consider the Commission's recommendation. The owner of the resource proposed for demolition shall be given 10 days' notice of the Supervisors' meeting. The Supervisors will consider the Commission's report, as well as any evidence, reports or testimony from interested parties and will render a decision to either deny or approve the application for demolition within 10 days of the meeting. This period may be extended, and its length established by mutual consent.
(6)
Enforcement.
(a)
Violations and penalties. Any person who demolishes a historic resource in violation of the provisions contained herein shall be subject to a fine of $500 per offense, with each day in violation being a separate offense.
(b)
In addition to the above remedies, the Zoning Officer may take other appropriate legal action, which may include equitable and injunctive relief, to enforce the provisions of this section.
(c)
Appeals to this process shall be made to the Zoning Hearing Board.
G.
Modification to area and bulk regulations.
(1)
The area and bulk regulations related to the zoning district in which the historic resource is located shall apply, except that:
(a)
Whenever a lot is to be developed in a "Historic Village Cluster," as depicted on the Historical Resource Map, the Board of Supervisors, as a conditional use, may reduce the lot area, the front, rear or side yard setbacks, and other area and bulk regulations, to maintain a consistency in the physical form, scale and character of the historic village by allowing:
[1]
Front porches to occupy the front yard, provided that same are consistent in size, scale, massing and materials with existing porches in the village;
[2]
Detached garages or other outbuildings to occupy the side or rear yard;
[3]
Other buildings, parts of buildings, or structures, to fit into an existing historic village cluster in order to look like they had originally been part of the historic village cluster;
(b)
The Board of Supervisors, through the granting of a conditional use, may approve requested modifications to the applicable lot area, lot width, or yard requirement for plans affecting historic resources, in accordance with the criteria set forth under § 370-138 (Conditional use process) of this chapter, and provided the following additional criteria are met:
[1]
The approval of the conditional use is deemed by the Board of Supervisors to be necessary to the preservation of the historic resource.
[2]
The approval of the conditional use will be deemed by the Board of Supervisors to have no adverse effect on adjoining properties.
[3]
Any plans for the rehabilitation, alteration or replacement of a historic resource proposed to be a part of the conditional use application must be in substantial compliance with the Secretary of the Interior's Standards listed in Subsection K, following.
[4]
The Historical Commission shall review all requests for conditional use approval and evaluate whether requested modifications are necessary for the preservation of the historic resource. The Commission shall review any construction plans for their compliance with the standards. Recommendations shall be transmitted in a written report to the Board of Supervisors prior to the rendering of a decision by the Board of Supervisors.
H.
Density bonus. For Residential Design Options RC-1, RR-1 and R1-1, as described in Article XIV of this chapter, one additional lot may be created in excess of the maximum number of lots otherwise permitted where such lot contains and preserves a Class I historic resource.
I.
Land development.
(1)
Residential. Where a Class I or Class II historic resource exists on a site that is to be subdivided or developed, there shall be included a lot area of sufficient size to preserve those portions and features of the historic resource which are significant to its historical, architectural and cultural values, but the lot area shall not be smaller than the minimum net lot area for the underlying district or 20,000 square feet of net lot area, whichever is greater.
[Amended 11-27-2006]
(2)
Nonresidential. For each additional acre above the minimum required lot area for the historic resource, remaining with the historic resource, an additional 1% of building coverage may be permitted.
J.
Impact study.
(1)
Applicability. A historic resource impact study may be required at the discretion of the Township when any of the following are proposed:
(a)
When a developer or landowner files an application for approval of a subdivision or land development plan for land within 300 feet of the exterior walls of any Class I or Class II historic resource, or on which historic resources are located.
(b)
General bridge or highway construction or substantial repair passing within 300 feet of the exterior walls of any Class I or Class II historic resource.
(c)
Subdivision or land development plans propose adaptive reuse or demolition of an historic resource.
(d)
Subdivision or land development plans are proposed which may impact primary archaeological sensitive areas, especially prehistoric sites, in which case an archaeological impact study shall be submitted and, if archaeological resources potential exists, a Phase I Archaeological Study shall be conducted.
(2)
The objective of the impact statement on historic resources is to provide the Township with enough information and data to evaluate the impact of the proposed land development on historic resources in the Township and encourage the preservation of those resources to the maximum extent possible.
(3)
The impact statement on historic resources may be required to contain one or more of the following:
(a)
General site description, including topography, watercourses, vegetation, landscaping, existing drives, etc.
(b)
General description and classification of all historic resources located on the land to be developed and on tracts immediately adjacent to the subject tract or road, or within 300 feet of the subject tract or road;
(c)
Narrative description of the historical development of the subject tract and statement of the historic and architectural significance of each historic resource;
(d)
Physical description of all historic resources identified;
(e)
Sufficient number of black and white or color 4" x 6" photographs to show all elevations of every historic resource identified and the resource in its setting;
(f)
Black and white photographs (four inches by six inches) illustrating the architectural features of each historic resource, as well as site features.
(g)
Proposed change:
[1]
A description of the impact of the proposed development on each identified historic resource, with special emphasis on the impact to architectural integrity, historic setting and future use.
[2]
A description of those measures to be undertaken by the developer to minimize the negative impact on the historic resources, including design alternatives, buffering or landscaping.
(h)
Any easements, deed restrictions, rights-of-way, or any other encumbrances upon the land, including location, size and ownership.
(i)
Site features or conditions, such as hazardous sites, dumps, underground tanks, active and abandoned wells, quarries, landfills and artificial land conditions.
(4)
The Historical Commission will review the impact study, then submit it along with written recommendations to the Board of Supervisors before that Board makes a decision regarding the land development plan.
K.
Review of proposed rehabilitation, additions and alterations. The following shall apply to historic resources as listed on the official list and map of historic resources.
(1)
No permit for the rehabilitation, enlargement or structural alteration of a historic resource shall be issued by the Zoning Officer prior to review and comment on the application of the Historical Commission, in accordance with the terms of this section.
(2)
The Zoning Officer shall provide the Commission with a copy of the application, together with any plans or diagrams required, within five days of receipt of a complete application.
(3)
The Historical Commission shall, within 20 days of receipt of a complete application from the Zoning Officer, review the plans for compliance with the Secretary of the Interior's Standards, below, and prepare a written report to the Zoning Officer, with a copy to be sent to the applicant, indicating whether the plans are in substantial compliance. The report shall make suggestions as to what specific changes in the plans would bring them into substantial compliance.
(4)
Upon receiving a report of substantial compliance from the Commission, and providing the plans satisfy all other requirements of the Township, the Zoning Officer shall issue the permit.
(5)
If the Commission's report indicates that the plans are not in substantial compliance, the Zoning Officer shall not issue the permit until:
(8)
Review of Class I Historic Resources. Plans for rehabilitation or alteration of a Class I historic resources shall be reviewed by the Historical Commission or substantial compliance with local design guidelines or, in lieu of local design guidelines, the Secretary of the Interior's Standards for Rehabilitation as included below:
(a)
Secretary of Interior's Standards for Rehabilitation:
[1]
A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment.
[2]
The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided.
[3]
Each property shall be recognized as a physical record of its time, place and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken.
[4]
Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved.
[5]
Distinctive features, finishes and construction techniques or examples of craftsmanship that characterize a historic property shall be preserved.
[6]
Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary physical or pictorial evidence.
[7]
Chemical or physical treatments, such as sandblasting, that can cause damage to historic materials, shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible.
[8]
Significant archaeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken.
[9]
New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale and architectural features to protect the historic integrity of the property and its environment.
[10]
New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.
(9)
Review of Class II historic resources. The following shall apply to Class II historic resources as listed on the official list and map of historic resources. Plans for the rehabilitation or alteration of Class II historic resources shall be reviewed by the Historical Commission for substantial compliance with local design guidelines or, in lieu of local design guidelines, the standards listed below:
(a)
Class II review standards:
[1]
A property should be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment.
[2]
The historic character of a property should be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property should be avoided.
[3]
Each property should be recognized as a physical record of its time, place and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, should not be undertaken.
[4]
Most properties change over time; those changes that have acquired historic significance in their own right should be retained and preserved.
[5]
Distinctive features, finishes and construction techniques or examples of craftsmanship that characterize a historic property should be preserved.
[6]
Deteriorated historic features should be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature should match the old in design, color, texture and other visual qualities and, where possible, materials. Replacement of missing features should be substantiated by documentary physical or pictorial evidence.
[7]
Chemical or physical treatments, such as sandblasting, that can cause damage to historic materials, shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible.
[8]
Significant archaeological resources affected by a project should be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken.
[9]
New additions, exterior alterations, or related new construction should not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale and architectural features to protect the historic integrity of the property and its environment.
[10]
New additions and adjacent or related new construction should be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.
(10)
Review of Class III historic resources. Plans for the rehabilitation or alteration of Class III historic resources shall be reviewed by the Historical Commission for substantial compliances with local design guidelines or, in lieu of local design guidelines, the standards listed below:
L.
Landscaping and buffering.
(1)
Landscaping. When a Class I historic resource is located within a tract proposed for subdivision or land development, a landscape plan for the grounds surrounding the Class I historic resource shall be required.
(a)
The plan shall be prepared by a registered landscape architect, or by a nurseryman or other individual deemed qualified by the Historical Commission or Board of Supervisors.
(b)
The plan shall show all pertinent information, including the location, size and species of all individual trees and shrubs to be removed, relocated, planted or preserved.
(c)
Through screening, buffering and selection of plant material, the plan should strive to minimize the impact of the proposed development on the Class I historic resource and protect its integrity of setting and any significant vegetation.
(d)
The plan shall be reviewed by the Historical Commission and submitted by them with written recommendations to the Board of Supervisors prior to any decision by the Board of Supervisors on the subdivision or land development plan.
(2)
Buffering. When any major subdivision, any land development, or any nonresidential use is proposed on a property, any boundary of which is within 100 feet of an exterior wall of a Class I historic resource, the applicant shall be required to submit a buffering plan.
(a)
The plan must depict how the Class I historic resource will be buffered against the deleterious impacts of the proposed development. Buffering may include, but need not be limited to vegetative screening and fencing.
(b)
The appropriateness and effectiveness of the proposed buffering shall be reviewed by the Historical Commission to the Board of Supervisors prior to any decision by the Board of Supervisors on the subdivision, land development or nonresidential use proposal.
M.
Signs. In cases where adherence to the sign requirements set forth in Article XIII are detrimental to the purposes of this section, alternatives shall be sought to mitigate the adverse effect:
(1)
Permits. No permit for a sign to be located on or within 100 feet of the exterior walls of a Class I historic resource shall be issued by the Zoning Officer prior to the review of and comment on the application by the North Coventry Historical Commission, in accordance with the terms of this section.
(2)
Zoning Officer. The Zoning Officer shall provide the Historical Commission with a copy of the application, together with any plans or diagrams required by Article XIII of this chapter, within five days of receipt of a complete application.
(3)
Historical Commission.
(a)
The Commission shall, within 20 days of receipt of a complete application, review the plans and prepare a written report to the Zoning Officer, with a copy to be sent to the applicant, indicating whether the plans will have any detrimental effect on the architectural integrity or the public enjoyment of a Class I historic resource.
(b)
The report shall indicate what specific changes in the plans can be made to mitigate detrimental effect.
(4)
Issuance of permit:
(a)
Upon receiving a report of no detrimental effect from the Commission, and providing the plans satisfy all other requirements of the Township, the Zoning Officer shall issue the permit.
(b)
If the Commission's report indicates that the plans will have a detrimental effect, the Zoning Officer shall not issue the permit until:
N.
Parking. In cases where adherence to the parking requirements as set forth in Article XII, § 370-87 are detrimental to the purposes of this section, alternatives shall be sought to mitigate the adverse effect. This includes the number of parking spaces required, location of parking and access to parking.
(1)
Front yard parking shall be discouraged.
(2)
Rear parking shall be encouraged. Access may be from a common alleyway which runs along the rear of all properties in the block.
(3)
Shared parking shall be encouraged for two or more commercial establishments operating in close proximity to one another.
(4)
Municipal parking shall be considered.
(5)
All parking areas shall be lighted when permitted or required, and landscaped in such a way as to maintain the character of a village cluster.
§ 370-33 Ridgeline Protection Overlay District.
In order to preserve the Township's scenic vistas and rural character, the following standards for the siting of structures in relation to existing topography shall be met:
A.
Applicability. These regulations shall apply to proposed or existing structures located partially or completely within the Ridgeline Protection District designated on the North Coventry Township Protected Ridgeline Map, 2002, or as amended. Specifically, these standards shall apply in the following situations:
(1)
The construction of any new principal or accessory structure within the Ridgeline Protection Overlay District.
(2)
The expansion, alteration, modification, or reconstruction of any existing use or structure in the Ridgeline Protection Overlay District where such expansion, alteration, modification, or reconstruction results in an increase in the height of any portion of the roofline of any structure above the highest existing point on the roofline of such structure.
B.
Use regulations. Within the Ridgeline Protection Overlay District, a structure may be erected, altered, or used and a lot may be used as provided in the underlying base zoning district, except as modified by this overlay district.
C.
Siting in relation to existing topography.
(1)
Permitted structures, including accessory structures, shall have their highest point sited entirely below the elevation measured at the nearest ground point on the nearest ridgeline or high ground within the Ridgeline Overlay District in which the property is located, whether such ground point is on or off the site.
(2)
Where the applicant contends that the siting of structures entirely below ridgelines or high ground, as provided for in Subsection C(1) above, is not feasible, the applicant shall include with submitted plans one or more of the following mitigative design techniques as deemed appropriate by the Township:
(a)
Demonstration that existing vegetation to remain on nearby high ground forms an effective backdrop behind the proposed construction and that the height of the backdrop vegetation is higher than any proposed rooftop elevation.
(b)
Siting of buildings so as to minimize prominence from the perspective of public views (for example, short side/end facing toward prominent view).
(c)
Submission of landscaping plans demonstrating effective screening of views from public roads. Introduced landscape screening shall be comprised primarily of native plant material designed to be compatible with the existing landscape.
D.
Grading. Alteration of natural ridgelines within the Ridgeline Protection Overlay District through grading or earthmoving shall be avoided. Where the applicant can demonstrate to the satisfaction of the Township that such grading cannot be avoided, it shall be minimized to the greatest extent possible. In all cases, grading or disturbance of the site shall be in conformance with the steep slope protection and other applicable standards of § 370-29, Natural Resource Conservation Overlay District.
E.
Woodland disturbance. Any proposed disturbance of woodland or other protected vegetation shall be in compliance with the standards of § 370-29 of the Natural Resource Conservation Overlay District. In addition, the following standards shall apply within the Ridgeline Protection Overlay District.
(1)
No woodlands shall be cleared, altered, or disturbed within 35 vertical feet of the highest ground point of the ridgeline except for those trees that are specifically exempt from the tree removal permit requirements of § 370-29B(7)(e) of this chapter.
(2)
No more than 25% of woodlands shall be cleared, altered, or disturbed on a site located partially or completely within the Ridgeline Protection Overlay District.
§ 370-34 Communications Towers, Antenna and Equipment Overlay District.
[Added 5-23-2005]
A.
Purpose. In addition to the general goals listed in the statements of Purpose, § 370-2, and the Community development objectives, § 370-3, the purpose of this overlay district is:
(1)
To encourage efficient, adequate and necessary wireless communication services within North Coventry Township while protecting the public health, safety and welfare of the property owners and residents of the Township.
(2)
To promote the installation of new antennas on existing structures.
(3)
To encourage the collocation of antennas and to encourage the construction of towers in the least restrictive zoning districts.
(4)
To define height limitations.
(5)
To assure that collocated antennas will not exceed the structural capacity of tower or other structures and will meet the Uniform Construction Code and other regulations.
(6)
To require that wireless facilities comply with all applicable standards established by the Federal Communications Commission governing exposure to electromagnetic radiation and other regulations of the Commission.
(7)
To establish reasonable setback requirements, provide access to tower via public street or adequate easement, to assure appropriate landscaping and screening, to assure that the design and constructed tower will be in accordance with the current national standards for steel towers, including the structural standards of steel antenna towers and antenna support towers.
(8)
To require a security fence and dismantling and removing a tower that is not in use for at least one year.
(9)
To encourage the use of appropriate municipal property for communications facilities to assure the least intrusive locations of towers.
B.
Applicability. This overlay district shall apply to the boundaries of the Township of North Coventry as the applicability and establishment of the communications towers, antenna and equipment overlay district.
C.
Uses permitted in the Communications Towers, Antenna and Equipment Overlay District. Property within the Communications Towers, Antenna and Equipment Overlay District can be used with communication antenna in combination with properties used for municipal purposes, subject to the following standards:
(1)
Communication antennas attached or mounted to or on an existing public utility building, structure or pole, existing communications tower, water tower or municipal building or structure are permitted by right if the height of the antenna does not exceed the existing structure by more than 15 feet. The antenna shall be constructed to simulate the architectural facade and/or color of the building or object to which it is attached, and shall comply with the Uniform Construction Code and other regulations and shall be designed and constructed in accordance with current national standards for steel towers including the structural standards of steel antenna towers and antenna support structures published by the Electrical Industry Association/Telecommunications Industry Association.
(2)
The communications tower is to be secured by a security fence that is at least eight feet around the tower and equipment building.
(3)
Height. The applicant shall demonstrate that the antenna is the minimum height required to function satisfactorily, which in no case shall exceed 200 feet.
(4)
Setbacks. If a new antenna structure is to be constructed, the minimum distance between the base of the support structure or any guy wire anchors and any property line shall be equal to or greater than the antenna height, as defined in Article II.
(5)
Structure safety. The applicant shall demonstrate that the proposed antenna and support structure are safe, designed and built in accordance with the Township Building Code and other applicable codes and standards, and that the surrounding areas will not be negatively affected by support structure failure, falling ice or other debris, electromagnetic fields, or radio frequency interference. All support structures shall be fitted with anticlimbing devices, as approved by the manufacturer.
(6)
Fencing. A fence shall be required around the antenna support structure and other equipment, unless the antenna is mounted on an existing structure. The fence shall be eight feet in height.
(7)
Landscaping. Landscaping shall be required to screen as much of the support structure, fence, and other ground level features as possible. A combination of existing vegetation, topography, walls, decorative fences, or other features may be permitted if they achieve the same degree of screening as required below. If the antenna is mounted on an existing structure, such landscaping shall not be required:
(8)
Shared use. To reduce the number of antenna support structures needed in the community in the future, the proposed support structure shall be required to accommodate other users, including other commercial communication companies, and local police, fire, and ambulance companies.
(9)
Licensing. The commercial communications company must demonstrate that it is licensed by the Federal Communications Commission.
(10)
Parking. If the cell site is fully automated, adequate parking shall be required for maintenance workers. If the site is not automated, the number of parking spaces shall equal the number of people on the largest shift.
(11)
Painting. Support structures shall be painted or have a galvanized finish to reduce visual impact. Painting of support structures shall meet all Federal Aviation Administration (FAA) regulations.
(12)
No antenna support structure shall be artificially lighted except as required by the FAA; and such lights shall be shielded so as to reduce intrusion upon nearby properties.
D.
Site plan requirements.
[Amended 1-27-2014]
(1)
A site plan conforming to the requirements of Chapter 320, Subdivision and Land Development, as well as the requirements of Chapter 194, Grading, Erosion and Sediment Control; Stormwater Management. The site plan shall meet all applicable requirements of the Zoning Chapter for the district in which it is located.
E.
Standards for communications towers rebuild. A communications tower rebuild is permitted by right if the height of the communication tower rebuild is no greater in height than the existing communications tower and is built in accordance with the standards as set forth in Subsections C and D hereinbefore.
F.
Standards for new commercial communication antenna or towers — special exception.
(1)
Any new commercial communication antenna or tower shall be approved only by special exception, with the burden on the applicant to demonstrate compliance with all of the standards as set forth in this overlay district.
(2)
Additionally, the commercial communications company is required to demonstrate, using technological evidence, that the antenna must be located where it is proposed in order to satisfy its function in the company's grid system, and demonstrate that there is a need for this facility in the community where it will be located.
(3)
If the commercial communications company proposes to build a tower, as opposed to mounting the antenna on an existing structure, it is required to demonstrate that it contacted the owners of all structures within a one-quarter-mile radius of the site proposed, asked for permission to install the antenna on those structures, and was denied for reasons other than economic ones. Tall structures shall include smoke stacks, water towers, tall buildings, antenna support structures of other communications towers (fire, police, etc.), and other tall structures. The Township may deny the application to construct a new tower if the applicant has not made a good faith effort to mount the antenna on an existing structure.
G.
Removal of commercial communication antenna. Commercial communication antennas that are no longer licensed and active commercial transmitting facilities shall be removed at the owner's expense within 60 days of the last date that the facility was licensed by the FCC. A bond or escrow account shall be posted with the Township in an amount sufficient to ensure such removal, prior to construction of such facilities.
§ 370-34.1 Well Head Protection Overlay District.
[Added 3-10-2008]
A.
Purpose.
(1)
In addition to the general goals in the statement of purpose, § 370-2, and community development objectives, as set forth in § 370-3, the purpose of this overlay district is to:
(a)
Protect public health, welfare, and safety.
(b)
Protect groundwater-based public water supply sources from contamination.
(c)
Protect groundwater resources from excessive extraction and depletion.
(d)
Manage land use activities that store, handle, or produce regulated substances which can contaminate water supply sources through improper stormwater and other inadequate site management.
(e)
Encourage the use of best management practices (regulatory and nonregulatory).
(f)
Protect future groundwater sources of drinking water.
(g)
Recognize local government responsibility in protection of groundwater resources.
(h)
Encourage work with neighboring communities for adequate protection of resource areas extending into other jurisdictions.
(2)
The provisions of this section shall specifically apply to wells serving public water systems (including community and public nontransient water supply systems) as defined by relevant federal and state laws and regulations. This section does not apply to individual private on-site wells or to wells used by commercial water bottling operations.
B.
Authority. This section is enacted pursuant to Article I, Section 27 of the Constitution of the Commonwealth of Pennsylvania and Sections 501, 503, 601, 604(1), and 603(b) of the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended by Act 170 of 1988, as amended by Act 209 of 1990 and as further amended by Act 131 of 1992,[1] which provisions authorize North Coventry Township to enact ordinances regulating development and land uses to:
(1)
Ensure the public health and safety;
(2)
Provide a safe, reliable and adequate water supply; and
(3)
Preserve natural values and aquifers.
[1]
Editor's Note: See 53 P.S. §§ 10501, 10503, 10601, 10604(1) and 10603(b).
C.
Applicability.
(1)
This section applies only to those land uses on parcels located within the Well Head Protection Area (WHPA; see Figure 9-3)[2] that conduct a specific activity identified in this chapter as regulated (see Table 9-3),[3] or that use or store regulated substances, as defined in Table 9-3, in quantities exceeding those quantities assumed to be normal for average household use. Few provisions in this section apply unilaterally to all facilities in all zones based on time of travel. Applicability may vary based on:
(a)
The location of a facility and the approximated times of travel (short-term, intermediate, long-term) as reflected in Well Head Protection Zones 1, 2, and 3 respectively;
(b)
The manner of regulated substance storage; and/or
(c)
The quantity of regulated substance that is stored on site.
[2]
Editor's Note: Figure 9-3 is included at the end of this chapter.
[3]
Editor's Note: Table 9-3 is included at the end of this chapter.
(2)
This approach is taken in recognition of the different levels of potential risk associated with location, types of materials stored, and manner of storage. It shall be the standard to be applied to determine applicability of the provisions of this section.
D.
Establishment and delineation of Well Head Protection Area (WHPA) and Well Head Protection Zones (WHPZ).
(1)
The Well Head Protection Area shall be defined as that area within North Coventry Township, as delineated on Figure 9-3,[4] consisting of three Well Head Protection Zones (WHPZs). These Well Head Protection Zones are established for each well serving a public water system (including community and public nontransient water supply systems) based on specific time-of-travel estimates and general contributing area dynamics. The WHPA and WHPZs are overlay zones, meaning all preexisting zoning conditions continue to apply in addition to these well head protection provisions. Within the WHPZs, some restrictions are placed on certain land uses with a greater potential to impact groundwater quality. The number of restricted new uses and the extent of restriction is significantly reduced, however, moving from WHPZ 1 to WHPZ 2 and WHPZ 3. Only those land uses which clearly present a potential threat to groundwater are prohibited within the WHPZs.
[4]
Editor's Note: Figure 9-3 is included at the end of this chapter.
(2)
Well Head Protection Zones include:
(a)
Zone 1 — That area marked as Zone 1 on Figure 9-3 representing a protective area immediately surrounding a public water system (including community and public nontransient water supply systems) well with a fixed radius of approximately 400 feet.
(b)
Zone 2 — That area marked as Zone 2 on Figure 9-3 defined as having a five-year-to-ten-year time of travel to the public water system (including community and public nontransient water supply systems) well; this area is approximately 1/2 mile in radius unless a more specific analysis using methods applicable to the geologic setting of the Township have been employed.
(c)
Zone 3 — That area marked as Zone 3 on Figure 9-3 representing the area that contributes surface and groundwater to Zone 2. The radius of Zone III has been approximated at 4,000 feet from each public water system (including community and public nontransient water supply systems) well. Although all zones are approximations, the Zone III limit is especially open to field confirmation.
(3)
Applicants, land owners, and other interested parties may appeal any WHPA and WHPZ designated limits by the submission to the Township of detailed technical information, including area-specific hydrogeologic studies undertaken by appropriate technical experts. The objector shall bear the burden of raising reasonable doubts by clear and convincing evidence that the technical foundation upon which the WHPA and WHPZs are based (e.g., direction of groundwater flow, rate of time of travel of flow, etc.) is not applicable or in error. Such studies and evidence that support the objection shall initially be reviewed by the Township Engineer and such other consultants as the Township, in its sole discretion, shall deem appropriate. If after review, the Township does not afford the relief requested, the objector may appeal to the North Coventry Zoning Board for an interpretation. The appeal procedure shall be in accordance with Article XVII of Chapter 370 of the North Coventry Code of Ordinances, including the payment of all required fees.
E.
Regulated land use activities. Within the Well Head Protection Overlay District, land uses shall be regulated as follows:
(1)
Parcels located within the Well Head Protection Area, as delineated on Figure 9-3[5], shall be governed by the restrictions applicable to the Well Head Protection Zone where such lots and tracts of land are situate.
[5]
Editor's Note: Figure 9-3 is included at the end of this chapter.
(2)
Land uses within the Well Head Protection Area are regulated (hereinafter "regulated land uses") according to the Schedule of Regulated Land Uses attached hereto, marked Table 9-3[6] and incorporated herein by reference. Certain particular regulated land uses will be prohibited, or permitted only by special exception, within Zone 2 or Zone 3, as applicable, as is set forth in the Schedule of Regulated Land Uses.
[6]
Editor's Note: Table 9-3 is included at the end of this chapter.
F.
Reporting requirements. As to each parcel located within the Well Head Protection Area, on which there is conducted a regulated land use, the record owner thereof shall submit or cause to be submitted, to the Zoning Officer of North Coventry Township and North Coventry Water Authority, the following reports and information in the manner prescribed:
[Amended 5-11-2009]
(1)
Copies of all federal, state and county operational approvals, certificates, permits and applications, on-going environmental reports and monitoring results relating to environmental, pollution control, hazardous substance, and drinking water laws and regulations pertaining to such lot or tract of land, as and when required to be submitted to federal, state, and county governmental authorities;
(2)
In the event that any contaminants and/or substances regulated under federal, state or county environmental, pollution control, hazardous substance and drinking water laws and regulations are released on or from any lot or tract of land within the Well Head Protection Overlay District, copies of any and all notices, reports and documents which such owner filed or caused to be filed with any federal, state, and/or county governmental authorities which provide notice of or relate to such release, as and when such notices, reports and documents are required to be filed with such governmental authorities; and
(3)
Copies of all notices, orders, rules, decisions, recommendations, enforcement actions, and similar documentation, as and when received by or on behalf of such record owner or the occupant of any such lot or tract of land, from any federal, state, or county governmental authority in connection with the enforcement of environmental, pollution control, hazardous substance, and drinking water laws and regulations.
G.
Administration.
(1)
The Zoning Officer of North Coventry Township is hereby designated as the Township official responsible for the administration and enforcement of these provisions. The Zoning Hearing Board of the Township shall hear appeals from the written decisions, determinations and orders of the Zoning Officer regarding applications, enforcement notices, cease and desist orders, and other matters, and shall also hear substantive and procedural challenges to the validity of this section.
[Amended 5-11-2009]
(2)
Uses of parcels in existence on the date of enactment of this section which are regulated land uses shall be deemed to be nonconforming uses of land under the terms of this section. Such nonconforming uses of land may be continued by the present or any subsequent owner, provided that:
(a)
The use is and remains otherwise lawful and in compliance with all federal, state, and county environmental, pollution control, hazardous substance, and drinking water laws and regulations;
(b)
The nonconforming use has not been and is not discontinued for a period of 12 consecutive months;
(c)
The nonconforming use is not, after the date of enactment of this section, materially altered, changed or expanded except to the extent justified by a strict showing of commercial necessity for such alteration, change or expansion presented to the Zoning Hearing Board, and then only to the extent permitted by a grant of special exception from the Zoning Hearing Board under the provisions of Article XVII and only upon the same lot that the nonconforming use was located upon at the time the use became nonconforming;
(d)
The record owner of the parcel on which such nonconforming use is located is in compliance with this section regarding reporting requirements; and
(e)
The nonconforming use is not an actual source of groundwater contamination.
(3)
A regulated land use shall be deemed to be new or materially altered, changed, or expanded if:
(a)
The land use which constitutes the regulated land use was not previously present and conducted upon the parcel in question;
(b)
The production and/or storage capacity of the regulated land use is increased;
(c)
The types of any substances which give rise to the regulated land use are changed;
(d)
The number of types of any substances which give rise to the regulated land use is increased; and/or
(e)
The quantity of any substances which give rise to the regulated land use is materially increased.
(4)
Following the date of enactment of this section, regulated land uses which are new or which constitute material changes, alterations or expansions of nonconforming regulated land uses will be prohibited in accordance with the terms of Table 9-3, thereby prohibiting such regulated land uses or permitting such regulated land uses only upon the granting of a special exception. Any regulated land use which is permitted to be conducted within the Well Head Protection Area as a result of the granting of a special exception in accordance with the terms of this section shall not be deemed to be a nonconforming use of land used or produced in connection with each regulated land use being proposed and which substances are subject to regulation by federal, state and/or county governmental authorities, provided that:
(a)
Such nonconforming use is not, after the date of enactment of this section, materially altered, changed or expanded;
(b)
The record owner of the parcel on which such nonconforming use is located is in compliance with this section regarding reporting requirements; and
(c)
Such nonconforming use is not an actual source of groundwater contamination.
(5)
The Zoning Officer of North Coventry Township shall issue a written decision recommending approving or disapproving the application for a special exception, or recommending conditioning the granting of the special exception by the Zoning Hearing Board upon adherence to any or all of the following requirements by the applicant for the special exception, where the Zoning Officer has found that such adherence is reasonably necessary to fulfill the groundwater protection purposes of this section.
[Amended 5-11-2009]
(a)
The installation of adequate containment facilities and systems so as to prevent the contamination of groundwater by substances regulated by federal, state, and/or county governmental authorities;
(b)
The preparation, filing (with the Zoning Officer), and periodic revision of an emergency plan addressing the means by which any potential contamination of groundwater will be controlled, collected, and remediated, including emergency contacts and identification of potential contaminants;
(c)
Regular inspection and/or monitoring of the regulated land use by the owner, occupant, and/or third parties; and
(d)
Compliance by the applicant with the provisions of the Township Subdivision and Land Development Ordinance[7] then in effect, and of Chapter 194, Grading, Erosion and Sediment Control, Stormwater Management, pertaining to sanitary sewage disposal, water supply, stormwater management, utilities and easements, and subsurface carbonate areas, if any.
[Amended 1-27-2014]
(6)
Applications to the Township Zoning Officer for a special exception under this section, as well as written decisions of the Zoning Officer and appeals from the written decisions of the Zoning Officer to the Zoning Hearing Board and appeals to the courts of the Commonwealth of Pennsylvania, shall be subject to the provisions of Article XVII of Chapter 370 of the North Coventry Code of Ordinances.
[Amended 5-11-2009]
§ 370-34.2 Water Budget Impact Zone Overlay District.
[Added 3-10-2008]
A.
Findings of fact.
(1)
Section 603(b) of the Pennsylvania Municipalities Planning Code (Act 247)[1], as amended, allows zoning ordinances to permit, prohibit, regulate, restrict and determine uses of land, watercourses and other bodies of water, and protection and preservation of natural resources.
[1]
Editor's Note: See 53 P.S. § 10603(b).
(2)
Section 603(d) of the Pennsylvania Municipalities Planning Code (Act 247)[2], as amended, allows zoning provisions which regulate the siting, density, and design of residential, commercial, industrial, and other developments in order to assure the availability of reliable, safe, and adequate water supplies to support the intended land uses within the capacity of available water resources.
[2]
Editor's Note: See 53 P.S. § 10603(d).
(3)
North Coventry Township has had as a primary goal sustaining, preserving and conserving its natural water resources. To achieve this goal, the Township has embraced Green Valleys Association's Sustainable Watershed Management program. The Township, using a detailed modeling process undertaken by Green Valleys Association and its consultants, has applied sustainable watershed management standards and criteria in development of its Comprehensive Plan and its Zoning Ordinance in order to make sure that water resources, quantity and quality, are conserved and maintained within sustainable levels, even at municipal and individual subbasin build out. This section is designed to support and reinforce this sustainable watershed management program.
(4)
Development of exceptionally large water users, which exceed the water use assumptions used in the technical modeling process performed by Green Valleys Association for the Township, can adversely impact the water cycle and water budget and potentially can violate sustainable watershed management standards and criteria. This section is designed to manage and regulate these exceptionally large water users so that standards and criteria are achieved.
(5)
North Coventry Township has unique hydrological effects resulting from a significant portion of Township homeowners, businesses, and other land owners/users relying on private on-site wells (i.e., groundwater) as the sole source of water supply. Although most of these private well users also rely on private on-site wastewater treatment systems (i.e., septic tanks) that return the bulk of the water being pumped out of the ground back into the ground with a marginal depletive loss and water cycle/budget impact, exceptionally large water users potentially can be more depletive, resulting in significant water cycle/budget impacts. Also, some of these private on-site well users are connected to the municipal centralized wastewater treatment system operated by the North Coventry Municipal Authority which discharges treated wastewater effluent into the Schuylkill River at a location substantially downstream. This specific combination of reliance on on-site wells and connection to the centralized wastewater treatment system with down-river discharge has especially adverse water cycle/budget impacts.
(6)
The aquifers in most of the Township which support the existing private on-site wells are mainly water table or semiconfined aquifers which are recharged or replenished primarily from rainfall which is falling locally. To the extent that any future municipal well development can be located in areas close to the Schuylkill River with substantial hydrogeologic connection to the river, these wells can be assumed to be recharged and replenished substantially by river flows, rather than rainfall. New municipal wells in these near-river locations would avoid water cycle/budget impacts, assuming wastewater treatment and discharge at the downstream treatment plant.
(7)
The remainder of North Coventry Township is connected to the public water supply system, operated by the North Coventry Water Authority, which currently obtains all of its water from the Borough of Pottstown (which, in turn, pumps its water from the Schuylkill River via a surface water allocation issued by the State of Pennsylvania). Because this Borough of Pottstown water supply is taken from the Schuylkill River, publicly served water connected to publicly served wastewater treatment with its downstream effluent discharge has no adverse water cycle or water budget impacts.
(8)
Balancing as much of the natural (i.e., predevelopment) water budget within North Coventry Township is important for a number of reasons. It is especially important to maintain natural groundwater recharge occurring throughout the Township as close to predevelopment levels as possible in order to maintain the natural water table, support private and municipal wells, and provide for critical stream base flow. Maintaining groundwater recharge for stream base flow is especially important given that Township streams have been designated as special protection waters by the State of Pennsylvania.
(9)
Natural groundwater recharge levels and overall water cycle balance can be maintained through recycling of both wastewater effluent and stormwater runoff even as significant growth is accommodated. The Township has adopted stormwater management requirements designed to recycle stormwater as set forth in the Sustainable Watershed Management program.
(10)
Although North Coventry Township has adopted stormwater management regulations which require that stormwater be infiltrated and recharged, the centralized wastewater treatment system collects Township untreated wastewater through gravity interceptor sewers, directs these flows down grade to the municipal wastewater treatment system, where the treated wastewater effluent is then discharged into the Schuylkill River. To the extent that this wastewater has been pumped from private on-site wells all substantially upstream within Township subbasins, water cycle/budget in these subbasins especially is impacted, and Sustainable Watershed Management standards and criteria potentially are not achieved. The Township and its authorities should work to correct these water cycle/budget impacts in the future, such as by making sure that any expansion of the public water supply system through development of new wells within the Township is done in a way which minimizes adverse water cycle and water budget impacts and achieves Sustainable Watershed Management standards and criteria (i.e., through near-river well locations, as discussed above).
B.
Statement of purpose.
(1)
It is the purpose of this section to promote the public health, safety, and general welfare and to minimize those impacts described in Subsection A above by establishing provisions designed to maintain water cycle/budget balance throughout North Coventry Township, even as additional land developments continue to occur. This water cycle/budget balance is to be accomplished through regulation of land uses/structures in the area of the Township designated as the Water Budget Impact Zone, defined as that area of the Township relying on private on-site wells for water supply, where excessive groundwater use, consumption, and/or depletion may occur if exceptionally large water users (significant water uses) are developed.
(2)
Major water-related aspects of land development, including stormwater and water supply/use and wastewater treatment, need to be carefully coordinated so as to prevent significant adverse impact, quantity, and quality, on the water cycle/budget and the watersheds which comprise the Township. To achieve this goal, the Township has embraced Green Valleys Association's Sustainable Watershed Management program, and, using a detailed modeling process undertaken by Green Valleys Association and its consultants, has applied sustainable watershed management standards and criteria in development of its Comprehensive Plan and its Zoning Ordinance in order to make sure that water resources, quantity and quality, are conserved and maintained within sustainable levels, even at municipal and individual subbasin build out.
(3)
However, this modeling is based on average water use factors and would be violated to the extent that exceptionally large water users (significant water uses) are developed. Management of these significant water uses is the subject of this section, the total goal of which is maintaining water cycle/budget balance throughout the Township.
C.
Establishment and delineation of Water Budget Impact Zone Overlay District. North Coventry Township hereby creates an overlay to the North Coventry Township Zoning Ordinance, as amended, defined as the Water Budget Impact Zone (WBIZ); this overlay essentially is defined as that area which currently relies on private on-site wells (i.e., groundwater) for water supply. The WBIZ consists of all areas, tracts, and lots that are not served and shall not be served as a condition of the subdivision or development approval by North Coventry's public water supply system.
D.
Determination of significant water uses.
(1)
Significant water uses are defined as:
(a)
Nonresidential uses which are water-intensive (i.e., which have special water needs as part of a specific manufacturing/production process or activity relating to the use, such as restaurants, some dry cleaning operations, and so forth; defined here as 1,000 gpd average usage); or
(b)
Uses where an especially large percentage of water use can be expected to be consumptive or depletive (over 25% for uses with 1,000 gpd average usage); or
(c)
Water extraction/bottling operations where water (500 gpd or more average usage) is exported in some manner from the site; or
(d)
Uses proposing wastewater treatment other than on-site septic systems; or
(e)
Residential uses consisting of more than five dwelling units to be developed and at a gross site density greater than 0.25 dwelling units per acre; or
(f)
Any other uses which exceed the maximum allowable water budget impact standards, per Table 9-4, as applied to the site in question.
(2)
All other land uses are classified as nonsignificant water uses, including individual single-family and small numbers of residential uses at low density. The Township shall maintain a list of significant water uses and applicants should consult with the Township representatives, at the applicant's cost, in order to answer questions relating to significant water use classifications.
(3)
It is the responsibility of each applicant to determine whether his/her proposed development must be classified as a significant water use. Significant water uses occur only in those areas included in the Water Budget Impact Zone.
E.
Water budget impact analysis for significant water uses within the Water Budget Impact Zone. All new subdivisions and land developments that are classified as significant water uses and located within the Water Budget Impact Zone are required to perform a water budget impact analysis. This analysis should be performed early in the land development process and submitted to the Township and the Township Engineer, but in no case should the analysis be submitted any later than with Preliminary Plan submission. The objective of the analysis is to guarantee that appropriate water resource standards, quantity and quality, are not violated in those cases where new land development being proposed is not consistent with the assumptions set forth in this section that are designed to maintain hydrologic balance and prevent significant adverse impact to overall water quality.
F.
Water budget impact analysis and alternative water budget impact analysis.
(1)
A water budget impact analysis must be performed for all significant water uses within the WBIZ. The objective of the analysis is to: calculate the maximum allowable water budget impact allowable at a particular site (the supply); calculate the maximum water demand, including net water reduction, associated with the proposed development; and where demand exceeds supply, the analysis must propose adequate mitigation to resolve the excess (see § 370-34.2G below).
(a)
In terms of calculating available water budget supply, the water budget impact analysis must utilize the values for Q7-10 flow, defined as the lowest consecutive seven-day stream flow occurring once every 10 years, together with the water quantity and quality water budget impact standards, which vary by stream order subbasin (first-order stream vs. non-first-order-stream) and by Pennsylvania Code Chapter 93 state stream designation (special protection waters vs. nonspecial protection waters) set forth for the particular subbasin. These standards provide the basis for calculating the supply of water resource impact, or reduction, calculated by applying the relevant impact standard multiplier times site acreage times the relevant Q7-10 value, allowed at a site. The resulting value, or supply, is then compared with the proposed use demand, in order to determine if the water budget standards are being achieved. Stream subbasin boundaries are shown in Figure 9-4 and Q7-10 flow values are illustrated in Figure 9-5 from the Sustainable Watershed Management for Northern Chester County Watersheds (January 2000).[3] Q7-10 values from other qualified sources, such as the USGS, may be used if approved by the Township. Water budget impact standards are as follows in Table 9-4.
Table 9-4 Maximum Allowable Water Budget Impact Standards by Stream Order | |||
Water Quality | 1st Order Stream Subbasin | 2nd and Higher Order Stream Subbasins | |
Special protection waters | Maintain 75% Q7-10 flow Multiplier 0.25 | Maintain 50% Q7-10 flow Multiplier 0.50 | |
Other waters | Maintain 50% Q7-10 flow Multiplier 0.50 | Maintain 50% Q7-10 flow Multiplier 0.50 | |
NOTE: Sample supply calculation for a ten-acre site located within the Bickel's Run subbasin: |
Bickel's Run is designated a high-quality, special protected waters by PA DEP. Bickel's Run is a first-order stream as shown in Figure 9-4. Therefore, the water budget impact standard, per Table 9-4, would require maintenance of 75% of Q7-10 flow by applying a multiplier of 0.25. Q7-10 flow for the site would be 143GPD/acre, using Figure 9-5. | |||
Supply | = | impact standard multiplier x site acreage x site Q7-10 flow | |
Supply | = | 0.25 x 10 acres x 143 GPD/ac | |
Supply | = | 357.5 GPD | |
[3]
Editor's Note: Figure 9-5 is included at the end of the chapter.
(b)
When calculating the water budget demand, the water budget impact analysis is to assume an average residential dwelling unit use of 300 gallons per day and is to assume the consumptive water use loss factors for wastewater treatment as estimated in the Sustainable Watershed Management Plan and Program. It shall be the responsibility of the applicant to substantiate the method for calculating the demand for all nonresidential uses.
(c)
The water budget impact analysis is to be submitted to the Township Engineer for review and approval. Township Engineer approval is required in order for the Preliminary Plan to be approved.
(2)
An alternative water budget impact analysis may be submitted to the Township, not based on the Q7-10 values and water budget impact standards, as set forth above, although such an alternative analysis is not encouraged by the Township. In all of these alternative water budget impact analysis cases, the completed analysis (including the calculated water supply and demand factors) shall be subject to the review, comment, and approval of each government agency, if any, which has a statutory or regulatory duty to review water budget impact analyses in connection with the proposed land development. The applicant shall file with the Township copies of all communications with all government agencies relating to the water budget impact analysis. Issues relating to the appropriate mitigation of any impacts calculated and reviewed/approved by the agencies shall be approved directly by the Township and the Township Engineer utilizing suggested mitigation measures as set forth below.
G.
Mitigation of water budget impact analysis violations.
(1)
In those cases where the water budget impact analysis indicates a water reduction impact at a specific site which violates (i.e., exceeds) standards, then the applicant has several options in order to achieve adequate mitigation of the impact:
(a)
Provide additional land area within the subbasin adequate to balance the excess (this provision should be taken to mean any type of conveyance or reservation from fee simple acquisition to conservation easements to purchase of development rights which provides an effective guarantee in perpetuity that such lands will not be developed).
(b)
Commit to other types of actions which promote water budget balance.
(c)
Demonstrate that the subbasin water budget will not be exceeded through special water use restrictions which can be monitored and enforced (e.g., commitment to reduce and/or eliminate water usage during dry periods, etc.)
(d)
Other mitigation measures approved by the Township.
(2)
Mitigation must be reviewed and approved by the Township Engineer in order for the Preliminary Plan to be approved and the development to proceed.
§ 370-34.3 Airport Overlay District.
[Added 4-23-2012]
A.
Purpose. The purpose of this section is to create an airport overlay district that considers safety issues around the Pottstown Municipal Airport, regulates and restricts the heights of constructed structures and objects of natural growth, creates appropriate zones, establishing the boundaries thereof and providing for changes in the restrictions and boundaries of such zones, creates the permitting process for use within said zones and provides for enforcement, assessment of violation penalties, an appeals process, and judicial review.
B.
Relation to other zone districts. The Airport Overlay District shall not modify the boundaries of any underlying zoning district. Where identified, the Airport Overlay District shall impose certain requirements on land use and construction in addition to those contained in the underlying zoning district.
C. AIRPORT ELEVATION AIRPORT HAZARD AIRPORT HAZARD AREA APPROACH SURFACE (ZONE) CONICAL SURFACE (ZONE) DEPARTMENT FAA HEIGHT HORIZONTAL SURFACE (ZONE) OBSTRUCTION PRIMARY SURFACE (ZONE) RUNWAY TRANSITIONAL SURFACE (ZONE) TREE
Definitions. The following words and phrases when used in this section shall have the meaning given to them in this subsection unless the context clearly indicates otherwise:
The highest point of an airport's usable landing area measured in feet above sea level. The airport elevation of the Pottstown Municipal Airport is 256 feet.
Any structure or object, natural or man-made, or use of land which obstructs the airspace required for flight or aircraft in landing or taking off at an airport or is otherwise hazardous as defined in 14 CFR 77 and 74 Pa.C.S.A. § 5102.
Any area of land or water upon which an airport hazard might be established if not prevented as provided for in this section and Act 164 of 1984 (Pennsylvania laws relating to aviation).[1]
An imaginary surface longitudinally centered on the extended runway center line and extending outward and upward from each end of the primary surface. An approach surface is applied to each end of the runway based on the planned approach. The inner edge of the approach surface is the same width as the primary surface and expands uniformly depending on the planned approach. The approach surface zone, as shown on Figure 34.3,[2] is derived from the approach surface.
An imaginary surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 feet horizontally to one foot vertically for a horizontal distance of 4,000 feet. The conical surface zone, as shown on Figure 34.3,[3] is based on the conical surface.
Pennsylvania Department of Transportation.
Federal Aviation Administration of the United States Department of Transportation.
For the purpose of determining the height limits in all zones set forth in this section and shown on the Zoning Map, the datum shall be mean sea level elevation unless otherwise specified.
An imaginary plane 150 feet above the established airport elevation that is constructed by swinging arcs of various radii from the center of the end of the primary surface and then connecting the adjacent arc by tangent lines. The radius of each arc is based on the planned approach. The horizontal surface zone, as shown on Figure 34.3,[4] is derived from the horizontal surface.
Any structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth by this section.
An imaginary surface longitudinally centered on the runway, extending 200 feet beyond the end of paved runways or ending at each end of turf runways. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway center line. The primary surface zone, as shown on Figure 34.3,[5] is derived from the primary surface.
A defined area of an airport prepared for landing and takeoff of aircraft along its length.
An imaginary surface that extends outward and upward from the edge of the primary surface to the horizontal surface at a slope of seven feet horizontally to one foot vertically (7:1). The transitional surface zone, as shown on Figure 34.3,[6] is derived from the transitional surface.
Any object of natural growth.
[1]
Editor's Note: See 74 Pa.C.S.A. § 5101 et seq.
[2]
Editor's Note: Figure 34.3 is included at the end of this chapter.
[3]
Editor’s Note: Figure 34.3 is included at the end of this chapter.
[4]
Editor's Note: Figure 34.3 is included at the end of this chapter.
[5]
Editor's Note: Figure 34.3 is included at the end of this chapter.
[6]
Editor's Note: Figure 34.3 is included at the end of this chapter.
D.
Establishment and delineation of the Airport Overlay District.
(1)
The FAA has created and established the Pottstown Municipal Airport Hazard Area containing five imaginary surface zones, as defined in Subsection C and depicted, on Figure 34.3, Pottstown Municipal Airport Hazard Area and Airport Overlay District Map,[7] hereby adopted as part of this section, which includes:
(a)
Primary Surface Zone.
(b)
Approach Surface Zone.
(c)
Transitional Surface Zone.
(d)
Horizontal Surface Zone.
(e)
Conical Surface Zone.
[7]
Editor's Note: Figure 34.3 is included at the end of this chapter.
(2)
The Airport Overlay District shall comprise those areas of North Coventry Township which coincide with and are subject to the Pottstown Municipal Airport Hazard Area established above.
E.
Permit applications.
(1)
As regulated by Act 164[8] and defined by 14 CFR 77.13(a) (as amended or replaced), any person who plans to erect a new structure, to add to an existing structure, or to erect and maintain any object (natural or man-made), within the Airport Overlay District, exceeding 100 feet above ground level, shall first notify the Department's Bureau of Aviation (BOA) by submitting PENNDOT Form AV-57 to obtain an obstruction review of the proposal at least 30 days prior to commencement thereof. The Department's BOA response must be included with this permit application for it to be considered complete. If the Department's BOA returns a determination of no penetration of airspace, the permit request should be considered in compliance with the intent of this overlay section. If the Department's BOA returns a determination of a penetration of airspace, the permit shall be denied, and the project sponsor may seek a variance from such regulations as outlined in Subsection F.
[8]
Editor's Note: See 74 Pa.C.S.A. § 5101 et seq.
(2)
No permit is required to make maintenance repairs to or to replace parts of existing structures which do not enlarge or increase the height of an existing structure.
F.
Variance.
(1)
Any request for a variance shall include documentation in compliance with 14 CFR 77 Subpart B (FAA Form 7460-1, as amended or replaced). Determinations of whether to grant a variance will depend on the determinations made by the FAA and the Department's BOA as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. In particular, the request for a variance shall consider which of the following categories the FAA has placed the proposed construction in:
(a)
No objection. The subject construction is determined not to exceed obstruction standards and marking/lighting is not required to mitigate potential hazard. Under this determination a variance shall be granted.
(b)
Conditional determination. The proposed construction/alteration is determined to create some level of encroachment into an airport hazard area which can be effectively mitigated. Under this determination, a variance shall be granted contingent upon implementation of mitigating measures as described in Subsection I, Obstruction marking and lighting.
(c)
Objectionable. The proposed construction/alteration is determined to be a hazard and is thus objectionable. A variance shall be denied, and the reasons for this determination shall be outlined to the applicant.
(2)
Such requests for variances shall be granted where it is duly found that a literal application or enforcement of the regulations will result in unnecessary hardship and that relief granted will not be contrary to the public interest, will not create a hazard to air navigation, will do substantial justice, and will be in accordance with the intent of this section.
G.
Use restrictions. Notwithstanding any other provisions of this section, no use shall be made of land or water within the Airport District Overlay in such a manner as to create electrical interference with navigational signals or radio communications between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, impair visibility in the vicinity of the airport, create bird strike hazards or otherwise endanger or interfere with the landing, takeoff or maneuvering of aircraft utilizing the Pottstown Municipal Airport.
H.
Preexisting nonconforming uses. The regulations prescribed by this section shall not be construed to require the removal, lowering, or other change or alteration of any structure or tree not conforming to the regulations as of the effective date of this section, or otherwise interfere with the continuance of a nonconforming use. No nonconforming use shall be structurally altered or permitted to grow higher, so as to increase the nonconformity, and a nonconforming use, once substantially abated (subject to the underlying zoning ordinance,) may only be reestablished consistent with the provisions herein.
I.
Obstruction marking and lighting. Any permit or variance granted pursuant to the provisions of this section may be conditioned according to the process described in Subsection F to require the owner of the structure or object of natural growth in question to permit the municipality, at its own expense, or require the person requesting the permit or variance, to install, operate, and maintain such marking or lighting as deemed necessary to assure both ground and air safety.
J.
Violations and penalties: subject to that in the underlying Zoning Ordinance.
K.
Appeals: subject to the process in the underlying Zoning Ordinance.
L.
Conflicting regulations. Where there exists a conflict between any of the regulations or limitations prescribed in this section and any other regulation applicable to the same area, the more stringent limitation or requirement shall govern and prevail.
M.
Severability. If any of the provisions of this section or the application thereof to any person or circumstance are held invalid, such invalidity shall not affect other provisions or applications of the section which can be given effect without the invalid provision or application, and, to this end, the provisions of this section are declared to be severable.
§ 370-34.4 Traditional Neighborhood Development (TND) Overlay District. [1]
[Added 6-23-2014]
A.
Purpose. In addition to the general goals listed in the statements of § 370-2, Purpose, and § 370-3, Community development objectives, and in addition to the purposes and objectives outlined in Section 701-A of Act 247, the Pennsylvania Municipalities Planning Code,[2] it is the purpose of this overlay district to implement the Northern Chester County Gateway Master Plan, adopted February 2009 and which serves as an amendment to the North Coventry Township Comprehensive Plan, with respect to its recommendations for establishment of three traditional neighborhood development (TND) areas along the Route 100 corridor to serve as gateways into northern Chester County, and that create a coordinated approach to development by focusing new development and redevelopment in existing centers and along major transportation arteries. Additional purposes include:
(1)
To encourage development of traditional neighborhoods in the Route 100 corridor in a manner consistent with the traditional land use pattern and design of rural Chester County villages.
(2)
To create a gradient of development intensity in the three TND areas along Route 100, ranging from relatively low intensity in the southernmost TND area to relatively higher intensity in the northernmost TND area, consistent with the availability of infrastructure.
(3)
To encourage new development, infill development, and redevelopment in the Route 100 corridor in an effort to enhance its economic viability.
(4)
To create functional and cohesive neighborhoods that contain an integrated mix of residential and nonresidential land uses and include public spaces that promote social interaction.
(5)
To promote pedestrian circulation within TND areas by locating housing, goods and services, offices, and public spaces within walking distance of each other, and by augmenting the system of pedestrian pathways.
(6)
To provide centrally located greens, parks, and open space for public use and natural resource conservation.
(7)
To create a network of greenways and nonmotorized pathways that link destinations within and among the three TND areas and that link to other existing destinations in the Route 100 corridor and surrounding areas.
(8)
To provide for safe and efficient roadways by creating a network of connected streets and alleys designed to accommodate vehicular and non-vehicular circulation.
(9)
To encourage a compact form of development while enabling flexibility with respect to lot design and building types.
(10)
To promote parking, signage, landscaping, and streetscaping that is consistent with traditional neighborhood development, compatible with rural North Coventry Township, and consistent with contemporary planning/engineering standards.
[2]
Editor's Note: See 53 P.S. § 10701-A.
B.
Zoning Map Overlay. Traditional neighborhood development is permitted as a conditional use in the TND Overlay District as delineated on the North Coventry Township Zoning Map.[3] The TND Overlay District is divided into three separate areas—TND-1, TND-2, and TND-3—each with specific provisions as set forth below. TND-1, TND-2 and TND-3 Overlay District boundaries are as shown in Appendix Figure 34-4.A and Figure 34-4.B.[4]
[3]
Editor's Note: The Zoning Map is on file in the Township offices.
[4]
Editor's Note: Said figures are included as attachments to this chapter.
C.
Eligibility.
(1)
To be eligible for consideration, a TND plan shall meet all of the following criteria:
(a)
The development tract may be held in single and separate ownership or by multiple owners; in either case, the development tract shall be developed according to a single plan that depicts complete build-out of the tract with common authority and responsibility.
(b)
The development tract shall be served by a public sewer disposal system and public water service.
(c)
The development tract shall contain a minimum of 10 contiguous acres.
D.
Development of tracts less than 10 acres.
(1)
Development tracts less than 10 acres as of the date of this section shall conform to Subsection J, Design standards for a TND, and to the standards of the TND District (TND-1, TND-2, or TND-3) in which it is located except that:
(a)
The development may be comprised entirely of residential uses or entirely of nonresidential uses.
(b)
Where residential use is provided, the development may be comprised entirely of one type of residential use, which shall be in accordance with the use regulations of the TND District in which the development is located.
(c)
One-hundred percent of the required open space may be in the form of civic open space, active recreation, or greenways. A central green may be provided.
E.
TND-1 requirements. The TND-1 District is intended to promote a less intense development pattern compatible with immediately surrounding existing development by permitting single-family residential development on village-scale lots, and neighborhood-scale commercial development. Greenway land for public use, conservation, and perimeter buffering is also required.
(1)
Development density and intensity.
(a)
The maximum permitted residential density shall be one dwelling unit per acre of net tract area (1.0 x net tract area).
(b)
Second-floor residential dwellings (over nonresidential uses) included in mixed-use buildings shall not be counted toward density calculations.
(c)
Nonresidential uses shall not occupy more than 20% of the net tract area of the TND.
(2)
Use regulations.
(a)
Permitted uses.
[1]
Single-family detached dwellings.
[2]
Retail stores and services, restaurants, banking or financial institutions, professional offices, professional or personal service establishments, catering business not to exceed a two-thousand-square-foot building footprint for 1.5-story buildings and not to exceed a four-thousand-square-foot building footprint for two-story buildings. Multi-tenant buildings shall not exceed a ten-thousand-square-foot building footprint.
[3]
Uses with drive-through windows are prohibited.
[4]
Second-floor dwelling units above nonresidential uses, provided the total number of dwelling units in the TND shall not be increased by more than 10 dwelling units or 10%, whichever is greater. Second-floor dwelling units shall have a minimum floor area of 800 square feet.
[5]
Municipal or public use, excluding sanitary landfill or trash transfer station.
[8]
Timber harvesting, subject to the provisions of § 370-29B(7).
(3)
Area and bulk regulations.
(a)
Single-family detached standards.
[1]
Minimum net lot area: 6,000 square feet.
[2]
Minimum lot width: 60 feet.
[3]
Maximum lot coverage: 50%.
[4]
Minimum front setback: 12 feet. Porches may encroach up to a maximum of six feet into the front yard.
[5]
Maximum front setback: 20 feet. Porches may encroach up to a maximum of six feet into the front yard.
[6]
Minimum side yard setback: five feet each side, 20 feet aggregate, minimum distance of 15 feet between buildings; five feet for accessory buildings.
[7]
Minimum rear yard setback: 20 feet for principal building, 18 feet for alley-loaded garage, five feet for accessory buildings.
[8]
Maximum building height: 35 feet for principal building, 20 feet for accessory buildings.
(b)
Nonresidential use standards.
[1]
Minimum net lot area: Determined by adding 20% to the land area needed to accommodate buildings, on-site parking, ingress/egress, and any required on-site infrastructure. The additional 20% shall serve as a vegetated setback area and landscaped buffers.
[2]
Minimum lot width: 50 feet.
[3]
Maximum lot coverage: 75%.
[4]
Build-to line: 10 feet from right-of-way.
[5]
Minimum side yard setback: 10 feet each side, minimum distance of 20 feet between buildings.
[6]
Minimum rear yard setback: 20 feet.
[7]
Minimum building height: 20 feet.
[8]
Maximum building height: 35 feet.
F.
TND-2 requirements. The TND-2 District permits single-family detached, single-family semidetached, and single-family attached (townhouse) residential development on moderately sized village-scale lots and community-scale commercial development compatible with immediately surrounding existing development. Greenway land for public use and conservation is also required.
(1)
Development density and intensity.
(a)
The maximum permitted residential density shall be four dwelling units per acre of net tract area (4 x net tract area).
(b)
Second-floor residential units (over nonresidential uses) included in mixed-use buildings shall not be counted toward density calculations.
(c)
Nonresidential uses shall not occupy more than 30% of the net tract area of the TND.
(2)
Residential mix.
(a)
A minimum of two housing types shall be provided within each TND-2 development in accordance with the following percentages:
[1]
A minimum of 60% of the total number of dwellings shall be single-family detached dwellings.
[2]
When single-family semidetached (twin) dwellings are proposed, a minimum of 10% and a maximum of 20% of the total number of dwellings shall be single-family semidetached (twin) dwellings.
[3]
When single-family attached (townhouse) dwellings are proposed, a minimum of 10% and a maximum of 20% of the total number of dwellings shall be single-family attached (townhouse) dwellings.
(b)
Housing types shall be compatible in scale and design, and integrated within the same streetscape. A minimum of 10% of blocks shall have two housing types located along the same street frontage.
(3)
Use regulations.
(a)
Permitted uses.
[1]
Single-family detached dwellings.
[2]
Single-family semidetached (twin) dwellings.
[3]
Single-family attached (townhouse) dwellings.
[4]
Retail stores and services, restaurants, banking or financial institutions, professional offices, professional or personal service establishments, catering business, exercise facility/club, club or lodge not to exceed a three-thousand-square-foot building footprint for 1.5-story buildings and not to exceed a five-thousand-square-foot building footprint for two-story buildings. Multi-tenant buildings shall not exceed a fifteen-thousand-square-foot building footprint.
[5]
Uses with drive-through windows are prohibited.
[6]
Second-floor dwelling units above retail and/or office uses, provided the total number of dwelling units in the TND shall not be increased by more than 10 dwelling units or 10%, whichever is greater. Second-floor dwelling units shall have a minimum floor area of 800 square feet.
[7]
Child or adult day-care center.
[8]
Emergency service.
[9]
Municipal or public use, excluding sanitary landfills or trash transfer stations.
[11]
Religious use.
[13]
Timber harvesting, subject to the provisions of § 370-29B(7).
(4)
Area and bulk regulations.
(a)
Single-family detached standards.
[1]
Minimum lot width: 50 feet.
[2]
Maximum lot coverage: 50%.
[3]
Minimum front setback: 12 feet. Porches may encroach up to a maximum of six feet into the front yard.
[4]
Maximum front setback: 15 feet. Porches may encroach up to a maximum of six feet into the front yard.
[5]
Minimum side yard setback: five feet each side, 20 feet aggregate, minimum distance of 15 feet between buildings.
[6]
Minimum rear yard setback: 20 feet for principal building, 18 feet for alley-loaded garage, five feet for accessory buildings.
[7]
Maximum building height: 35 feet.
(b)
Single-family semidetached (twin) standards.
[1]
Minimum lot width: 35 feet minimum per unit to 45 feet maximum per unit.
[2]
Maximum lot coverage: 50%.
[3]
Minimum front setback: 12 feet. Porches may encroach up to a maximum of six feet into the front yard.
[4]
Maximum front setback: 15 feet. Porches may encroach up to a maximum of six feet into the front yard.
[5]
Minimum side yard setback: five feet each side, 20 feet aggregate, 15 feet minimum between buildings.
[6]
Minimum rear yard setback: 20 feet for principal building, 18 feet for alley loaded garage, five feet for accessory buildings.
[7]
Maximum building height: 35 feet for principal building, 25 feet for accessory buildings.
[8]
Maximum dwelling units per building: two.
(c)
Single-family attached (townhouse) standards.
[1]
Minimum net lot area: 2,000 square feet.
[2]
Maximum dwelling units per building: four.
[3]
Minimum lot width per dwelling unit: 25 feet for end units, 18 feet for interior units.
[4]
Maximum building coverage: 50%.
[5]
Maximum lot coverage: 75%.
[6]
Build-to line: 12 feet.
[7]
Minimum side yard: five feet for end units, minimum distance of 15 feet between buildings and adjacent dwellings.
[8]
Minimum rear yard setback: 18 feet from alley.
[9]
Maximum building height: 35 feet.
(d)
Nonresidential use standards.
[1]
Minimum net lot area: Determined by adding 20% to the land area needed to accommodate buildings, on-site parking, ingress/egress, and any required on-site infrastructure. The additional 20% shall serve as a vegetated setback area and landscaped buffers.
[2]
Minimum lot width: 50 feet.
[3]
Maximum building coverage: 50%.
[4]
Maximum lot coverage: 75%.
[5]
Build-to line: 10 feet from right-of-way.
[6]
Minimum side yard setback: 10 feet each side, minimum distance of 20 feet from adjacent principal buildings and dwellings.
[7]
Minimum rear yard setback: 20 feet.
[8]
Minimum building height: 20 feet.
[9]
Maximum building height: 35 feet.
G.
TND-3 requirements. The TND-3 District is intended to promote a high-intensity development pattern compatible with immediately surrounding existing development by permitting single-family detached, single-family semidetached, single-family attached (townhouse), and multifamily residential development on small lots, and regional-scale commercial development. Greenway land for public use and conservation is also required.
(1)
Development density and intensity.
(a)
The maximum permitted residential density shall be four dwelling units per acre of net tract area (4 x net tract area).
(b)
Second-floor residential units (over nonresidential uses) included in mixed-use buildings shall not be counted toward density calculations.
(c)
Nonresidential uses shall occupy not more than 30% of the net tract area of the TND.
(2)
Residential mix.
(a)
A minimum of three housing types shall be provided within each TND-3 development in accordance with the following percentages:
[1]
A minimum of 50% of the total number of dwellings shall be single-family detached dwellings.
[2]
When single-family semidetached (twin) dwellings are proposed, a minimum of 10% and a maximum of 20% of the total number of dwellings shall be single-family semidetached (twin) dwellings.
[3]
When single-family attached (townhouse) dwellings are proposed, a minimum of 10% and a maximum of 20% of the total number of dwellings shall be single-family attached (townhouse) dwellings.
[4]
When multifamily dwellings are proposed, a minimum of 5% and a maximum of 10% of the total number of dwellings shall be multifamily dwellings.
(b)
Housing types shall be compatible in scale and design, and integrated within the same streetscape. A minimum of 10% of blocks shall have two housing types located along the same street frontage.
(3)
Use regulations.
(a)
Permitted uses.
[1]
Single-family detached dwellings.
[2]
Single-family semidetached (twin) dwellings.
[3]
Single-family attached (townhouse) dwellings.
[4]
Multifamily dwellings.
[5]
Retail stores and services, restaurants, banking or financial institutions, professional offices, professional or personal service establishments, catering business, exercise facility/club, club or lodge not to exceed a five-thousand-square-foot building footprint. Multi-tenant buildings shall not exceed a twenty-thousand-square-foot building footprint.
[6]
Uses with drive-through windows are prohibited.
[7]
Second-floor dwelling units above retail and/or office uses, provided the total number of dwelling units in the TND shall not be increased by more than 10 dwelling units or 10%, whichever is greater. Second-floor dwelling units shall have a minimum floor area of 600 square feet.
[8]
Municipal or public use, excluding sanitary landfills or trash transfer stations.
[10]
Adaptive reuse of existing building for professional office use or a bed-and-breakfast, if located in a Class I, II, or III historic structure as defined by § 370-32C. Such use shall be subject to the provisions of § 370-38 and the applicable provisions of § 370-32. In addition, a bed-and-breakfast shall be subject to the provisions of § 370-44.
[11]
Religious use.
[12]
Emergency service.
[13]
Child or adult day-care center.
[16]
Timber harvesting subject to the provisions of § 370-29B(7).
(4)
Area and bulk regulations.
(a)
Single-family detached dwelling.
[1]
Lot width: 40 feet minimum to 60 feet maximum.
[2]
Maximum building coverage: 25%.
[3]
Maximum lot coverage: 50%.
[4]
Minimum front setback: 12 feet. Unenclosed porches may encroach up to a maximum of six feet into the front yard.
[5]
Maximum front setback: 15 feet. Unenclosed porches may encroach up to a maximum of six feet into the front yard.
[6]
Minimum side yard setback: five feet each side, 15 feet aggregate, minimum distance of 10 feet between buildings.
[7]
Minimum rear yard setback: 20 feet for principal building, 18 feet for alley loaded garage, five feet for accessory buildings.
[8]
Maximum building height: 35 feet.
(b)
Single-family semidetached (twin) dwelling.
[1]
Minimum lot width: 35 feet per unit minimum to 45 feet per unit maximum.
[2]
Maximum lot coverage: 50%.
[3]
Minimum front setback: 12 feet. Unenclosed porches may encroach up to a maximum of two feet into the front yard.
[4]
Maximum front setback: 15 feet. Unenclosed porches may encroach up to a maximum of two feet into the front yard.
[5]
Minimum side yard setback: five feet each side, 15 feet aggregate, 10 feet minimum between buildings.
[6]
Minimum rear yard setback: 20 feet for principal building, 18 feet for alley-loaded garage, five feet for accessory buildings.
[7]
Maximum building height: 35 feet.
[8]
Maximum dwelling units per building: two.
(c)
Single-family attached (townhouse) dwelling.
[1]
Minimum net lot area: 2,000 square feet.
[2]
Maximum dwelling units per building: five.
[3]
Minimum lot width per dwelling unit: 25 feet for end units, 18 feet for interior units.
[4]
Maximum building length: 120 feet.
[5]
Maximum building coverage: 50%.
[6]
Maximum lot coverage: 75%.
[7]
Build-to line: 12 feet.
[8]
Minimum side yard: five feet each side of building, 15 feet between buildings.
[9]
Minimum rear yard setback: 18 feet from alley.
[10]
Maximum building height: 45 feet.
(d)
Multifamily dwelling.
[1]
Minimum net lot area: As necessary to accommodate buildings, accessways, required parking, landscaping and buffering, and any required on-site infrastructure.
[2]
Maximum dwelling units per building: eight.
[3]
Minimum lot width: 100 feet.
[4]
Maximum building coverage: 50%.
[5]
Maximum lot coverage: 75%.
[6]
Build-to line: 10 feet.
[7]
Minimum side yard: 10 feet each side, minimum distance of 20 feet between buildings and adjacent principal buildings.
[8]
Minimum rear yard setback: 18 feet.
[9]
Maximum building height: 45 feet.
(e)
Nonresidential use.
[1]
Minimum net lot area: Determined by adding 20% to the land area needed to accommodate buildings, on-site parking, ingress/egress, and any required on-site infrastructure. The additional 20% shall serve as a vegetated setback area and landscaped buffers.
[2]
Minimum lot width: 50 feet.
[3]
Maximum building coverage: 50%.
[4]
Maximum lot coverage: 75%.
[5]
Build-to line: 10 feet from right-of-way.
[6]
Minimum side yard setback: 10 feet each side.
[7]
Minimum rear yard setback: 20 feet.
[8]
Minimum building height: 35 feet.
[9]
Maximum building height: 45 feet.
H.
Incentive for green building. The maximum permitted development density and intensity may be increased in accordance with the following when the entire TND receives certification under the U.S. Green Building Council's Leadership in Energy and Environmental Design (LEED) or an approved equivalent. The LEED, or equivalent rating system to be employed shall be approved by the Board of Supervisors.
(1)
The Board of Supervisors may permit up to a 10% density bonus beyond the maximum residential density permitted in the TND District in which the development is located.
(2)
For nonresidential uses, the Board of Supervisors may permit up to a 10% increase in the permitted building footprint square footage beyond the maximum building square footage permitted in the TND District in which the development is located.
I.
Open space requirements. In addition to the requirements in § 370-81 of the Zoning Ordinance, open space within a TND shall conform to the following regulations:
(1)
Composition.
(a)
Open space shall include civic spaces (greens, squares, and community gardens), active recreation (parks, playgrounds, tot lots, playing fields/courts, and trails), and greenway land (for passive recreation, trail connections, and conservation).
(b)
Within a TND, open space shall be provided as follows:
[1]
A minimum of 20% of the required open space shall be comprised of formal civic spaces.
[2]
Open space in the form of active recreation shall be provided at a minimum of one acre for every 25 dwelling units.
[3]
The remainder of the required open space shall be in the form of greenway land, which shall include all environmentally constrained lands/primary conservation areas.
[4]
Open space land may include stormwater best management practices facilities; however, such facilities shall not occupy more than 50% of the required open space area.
(2)
Dimensions.
(3)
Location and accessibility.
(a)
Open space shall be distributed throughout the TND such that accessibility to open space is maximized.
(b)
Each TND shall include a central green having a minimum area of 10,000 square feet. The central green shall be located adjacent to a principal street or at its terminal vista. Such green shall be bounded by buildings on at least two sides.
(c)
Greens and parks in addition to the central green shall be dispersed throughout the TND such that each lot within a TND shall be no more than 1/4 mile from a green or a park; however, playing fields, courts, and playgrounds shall not be located within 100 feet of any new or existing residential lot. Greens shall be bounded by buildings on at least two sides.
(d)
Each commercial area shall include at least one square or one green surrounded by two-story buildings on at least two sides and up to three sides.
(e)
Where a green, square, or park is bounded by buildings, such buildings shall have their primary entrance oriented toward the green, square or park, and such green or square shall be bounded by a street or, when rear access to the buildings is provided, by a perimeter pedestrian path.
(f)
Open space shall add to the visual amenities of the TND and surrounding area by locating it at the ends of streets, along the outside edge of street curves, and along the perimeter of the TND.
(g)
Open space shall be configured as a connected network and shall include multiple points of access from adjacent sidewalks, trails, residential areas, and nonresidential areas within the TND. Multi-use trails shall be constructed within the required open space areas to enable circulation through the open space network. Paths, trails, and crosswalks shall be provided to connect the required open space areas to any existing or planned public open space on adjoining parcels.
(4)
Landscaping of greens and squares.
(a)
All greens and squares shall be planted with shade trees along their perimeter at intervals not greater than 40 feet. Central greens, and greens and squares located in nonresidential areas shall contain additional landscaping features including walkways, monuments, statues, gazebos, fountains, benches, and pedestrian scale lampposts. Landscaping shall not obstruct views into the green or square from the street or from surrounding buildings.
J.
Design standards for a TND. Development in the TND Overlay District, including TND-1, TND-2, and TND-3, shall comply with the North Coventry Township Subdivision and Land Development Ordinance[5] and the following design standards. Where there is direct conflict with the Subdivision and Land Development Ordinance, the standards of this Subsection J shall prevail.[6]
(1)
Overall form.
(a)
Traditional neighborhood developments shall be designed as a pattern of blocks formed by interconnecting streets.
(b)
To the greatest extent practicable, blocks shall be a maximum 600 feet in length.
(c)
All traditional neighborhood developments shall contain a residential area, a nonresidential area, and open space areas. The center of the TND shall be in the form of an open space area or the prominent intersection or two or more streets. Nonresidential areas may be located either at the approximate center of the TND, surrounded by residential areas, or along an existing collector or arterial street with residential areas at the interior of the TND. Second-floor residential and office uses are encouraged in nonresidential areas.
(d)
Greens and squares shall be located at street intersections to the extent practicable to provide for terminal vistas. Where a green or square is not feasible, buildings shall be located at street intersections to anchor the corners.
(e)
All lots shall front on a street, except that residential dwellings with rear alley access may front onto a green or park, which shall have a perimeter sidewalk.
(f)
Residential lots shall be located within 1/4 mile of the commercial area of the TND to the extent practicable.
(g)
Nonresidential uses that are intended to serve an area beyond the TND shall be located to permit vehicular access from outside the TND without passing through residential streets of the TND.
(2)
Streets.
(a)
Streets shall be laid out in a generally rectilinear pattern with variations as needed for topographic, environmental and other design considerations.
(b)
Streets shall be constructed using a design speed of 20 miles per hour.
(c)
Streets shall be designed to include traffic calming devices, which shall include "T" intersections, loop roads, and traffic islands, and on commercial streets, curb bump-outs.
(d)
All streets within the TND shall connect to another street within the TND.
(e)
Streets shall connect to existing or proposed streets on adjacent tracts where practicable.
(f)
The street pattern shall be laid out to minimize disturbance of existing natural, cultural, and historic resources.
(g)
Streets shall be designed to maximize non-vehicular circulation and safety.
(h)
Streets shall be designed to terminate at a vista to the extent practicable.
(i)
Cul-de-sac streets shall not be permitted.
(j)
All two-way secondary distributor streets without parallel parking shall have cartway width of 20 feet, consisting of two ten-foot travel lanes.
(k)
All two-way local access streets without parallel parking shall have a cartway width of 18 feet, consisting of two nine-foot travel lanes.
(l)
All one-way lanes without parallel parking shall have a cartway width of 14 feet.
(m)
All parallel parking lanes shall be seven feet wide.
(n)
All loop roads shall have a central green running their entire length that is planted with trees along its entire perimeter at intervals not greater than 40 feet.
(o)
Curbing shall be provided along all streets. An additional one foot of width shall be provided on each side of the street to accommodate curbing.
(p)
Street widths may be modified for the construction of traffic calming structures and bicycle lanes, subject to the approval of the Board of Supervisors.
(3)
Alleys.
(a)
All alleys shall be one-way.
(b)
Alleys shall provide rear access to parking (i.e., private garages and driveways) for all residential dwellings on blocks where the average lot width per dwelling unit is 55 feet or less.
(c)
Alleys shall have a minimum cartway width of 12 feet.
(d)
A two-foot-wide buffer from the edge of the alley paving shall be maintained and shall not contain any landscaping or structures that limit or obstruct safe sight distance.
(e)
Alleys are not required to have sidewalks, curbs, or street trees; however, alleys shall be lighted by fixtures mounted on garage building facades or by pedestrian-scale lamps.
(f)
The driveways of dwellings served by alleys shall be located a minimum of 25 feet from the point where the alley intersects with the nearest street cartway. This requirement shall only apply to driveways of dwellings located adjacent to the end of the alley where vehicles can enter the alley.
(4)
Sidewalks, crosswalks, and trails.
(a)
Sidewalks shall be constructed along all sides of all streets within a TND.
(b)
Sidewalks are not required along lanes and alleys.
(c)
Sidewalks shall link to trails and other pedestrian pathways in order to form a complete pedestrian network that connects residential, commercial, civic, and open space areas.
(d)
Sidewalks shall be a minimum of five feet wide in residential areas, a minimum of six feet wide in commercial areas, and a minimum of 12 feet wide in commercial areas with sidewalk dining.
(f)
Sidewalks shall be maintained and repaired, on an ongoing basis by the lot owner and/or homeowners' association, and/or the property owners' association.
(g)
Crosswalks shall be delineated at all street intersections within commercial and mixed-use areas and shall be a minimum of six feet in width.
(5)
Parking.
(a)
Off-street parking.
[1]
Off-street parking for nonresidential buildings, townhouses, and multifamily dwellings shall be located at the rear of buildings and accessed only by alleys or rear access lanes. Parking at the side of buildings shall be set back at least as far as the front facade of the principal building and shall be screened in accordance with Subsection J.(5)(a)[3].
[2]
No off-street parking or parking lot shall be located between the building facade and the street right-of-way line. On a corner lot, this requirement shall apply to both sides of the lot on which the building has frontage.
[3]
Any off-street parking lot that abuts a street shall be screened by a landscaped area having a minimum width of four feet in which is located a wall, opaque fencing, a continuous row of shrubs, or a combination thereof, in addition to any required shade trees. Any such wall, fencing, or hedge shall be no less than 40 inches high and no more than 48 inches high.
[4]
Any existing off-street parking lot shall be screened in accordance with Subsection J.(5)(a)[3].
[5]
Off-street parking may be housed in a parking structure or garage. Such structures or garage shall be designed to be architecturally integrated with the surrounding principal buildings. Parking structures or garages shall not be taller than the surrounding principal buildings. Parking structures or garages that front on a street shall contain liner stores at the street level along its entire frontage.
[6]
Off-street parking for trailheads and natural areas shall utilize pervious surface material and shall not be lighted.
(b)
On-street parking.
[1]
On-street parking shall be provided for all dwelling units having rear access from an alley and for all dwelling units having an individual driveway less than 50 feet in length.
[2]
Two parking lanes shall be provided on streets fronted on both sides by lot widths averaging less than 55 feet per dwelling unit. If lots front on only one side of the street, then only one parking lane shall be provided.
[3]
Only one parking lane shall be provided on streets fronted on both sides by lot widths averaging 55 feet to 100 feet.
[4]
On-street parking is not required on streets where lot widths are greater than 100 feet.
[5]
On-street parking spaces shall be parallel to the curb. Curb bump-outs shall be installed every 200 feet on streets fronted by nonresidential uses.
[6]
On-street parking spaces shall be seven feet wide by 22 feet long.
[7]
On-street parking spaces along the front lot line shall count toward the minimum number of parking spaces required for the use on that lot.
(6)
Garages and driveways.
(a)
Each residential dwelling unit, with the exception of multifamily dwelling units, shall have a garage for automobile storage.
(b)
Garages located on residential lots and gaining access from a rear alley shall be rear entry, such that garage doors face the alley, and shall be set back a minimum of 18 feet from the edge of the alley pavement.
(c)
Where rear alley access to parking is not required for residential dwelling units, garages may be accessed by a curb cut and driveway extending from the front street. To minimize the visual prominence as viewed from the street all such garages shall be designed and located according to one of the following options, which are listed in order of preference:
[1]
The garage is side entry, such that garage doors face the side yard, and is located directly behind the rear wall of the dwelling.
[2]
The garage is side entry, such that garage doors face the side yard, and is set back a minimum of 10 feet from the front facade of the dwelling.
[3]
The garage is front entry, such that garage doors face the front property line, the garage is detached from the principal building and is set back a minimum of 10 feet from the rear wall of the dwelling.
[4]
The garage is front entry, such that garage doors face the front property line, the garage is attached to the principal building and is set back a minimum of 10 feet from the front facade of the dwelling.
(7)
Street wall.
(a)
A minimum of 60% of a building facade shall be located along the build-to line. The remaining 40% of the building may include recesses or projections, or a landscaped courtyard or pocket park that is open to the street.
(b)
On a corner lot, the build-to line shall be on both sides of the lot on which the building has street frontage.
(c)
Buildings, greens, squares, or pocket parks shall anchor corners where streets intersect.
(8)
Building/architectural design.
(a)
Residential and nonresidential building design and materials shall be varied but shall be consistent with the design and materials found in historic villages of North Coventry Township and Chester County.
(b)
A minimum of 65% of single-family detached and a minimum of 65% of single-family semidetached (twin) dwellings shall have an unenclosed front entry porch which shall be covered by a permanent roof. Porches on residential buildings shall be a minimum of six feet deep and 12 feet wide.
(c)
Primary entrances to attached housing, nonresidential buildings, and mixed-use buildings shall have a portico other entrance design consistent with the building style.
(d)
The primary roof of all principal residential dwellings and civic use buildings shall have a roof pitch ratio between 8:12 (eight vertical to 12 horizontal) and 12:12.
(e)
Commercial and office building design:
[1]
The facades of commercial and office buildings shall be designed with projecting and recessed sections of at least four feet in depth at intervals no less than 25 feet and no more than 36 feet. A larger recess for a landscaped courtyard, square, or green that is open to the street may be permitted.
[2]
A minimum of 60% and a maximum of 85% of the building facade at ground level shall include windows. Tinted and reflective windows are prohibited.
[3]
Exterior walls lacking architectural detail or windows shall not face a street, parking area, or sidewalk.
[4]
Multi-tenant buildings shall be lined with shops along the ground level on their primary facades.
[5]
Awnings, cornices, balconies, arcades or other architectural features shall be used to articulate the division between the first story and upper stories.
[6]
A minimum eight-foot clearance shall be provided from the sidewalk to the lowest part of the awning. Awnings constructed of metal, plastic, plexiglas, or shiny or reflective material shall be prohibited.
[7]
Corner cutoffs or other architectural features shall be used to provide visual interest to buildings located on street corners.
[8]
To create visual interest, no more than three adjoining units shall have the same building height.
[9]
Where the roof of a commercial or office building is flat, a parapet wall having a minimum height of 42 inches shall screen the rooftop and all rooftop mechanical equipment.
[10]
Where rear access to the building is provided, an attractive rear facade is encouraged; however, the front facade shall serve as the main storefront.
[11]
Rear entrances accessed from a rear parking lot shall be easily identifiable and adequately lighted, and loading areas and trash and utility areas shall be screened from the entryway.
(9)
Street furniture.
(a)
Public trash receptacles shall be provided in all public open space areas and at one-hundred-foot intervals on each street containing commercial, office, or civic uses.
(b)
Public benches shall be provided in all public open space areas and at one-hundred-foot intervals on each street containing commercial, office, or civic uses. The locations of benches may be modified to coincide with uses that generate activity. Benches shall be placed together with trash receptacle. Benches shall not impede pedestrian circulation.
(c)
A minimum of one bike pod shall be provided adjacent to the sidewalk on each street containing commercial, office, or civic uses. The bike pod shall not obstruct pedestrian circulation along the sidewalk.
(10)
Signage.
(a)
In addition to the requirements in Article XIII, signs associated with nonresidential uses within a TND shall conform to the following regulations:
[1]
Signs shall not be freestanding signs and shall be affixed to a building facade, canopy, arcade, or the ground as follows:
[a]
A wall sign may be permitted, provided the wall sign does not exceed 12 square feet in area and may be mounted on either side of a doorway or between the first and second floors of a multistory building. Individual channelized letters shall be provided to the maximum extent possible for all wall signs.
[b]
A projecting sign may be permitted, provided that the lower edge of the sign is a minimum of 10 feet above grade and not higher than the first floor or 15 feet, whichever is less, and does not extend more than four feet from the building wall. A projecting sign shall not exceed six square feet in area.
[c]
A ground sign may be permitted, provided it does not exceed 12 square feet in area.
[d]
An awning sign may be used in lieu of a wall sign or in combination, provided that awning signs shall maintain a clear height of at least 10 feet and maximum of six feet in depth. Lettering shall be limited to 12 inches vertically.
[e]
Portable signs subject to the provisions of § 370-104C(2) of the Subdivision and Land Development Ordinance.
[f]
Directional signage shall be provided to identify all civic uses for the purpose of facilitating way finding. Such signage shall not exceed four square feet per sign.
[2]
The top of signs (except window signs) shall be located no higher than the sills of second-story windows.
[3]
With the exception of awning signs, signs shall be constructed of wood, metal or synthetic material, provided that the typeface and logos have a dimensional rather than flat quality.
[4]
Sign colors shall preferably be dark background colors with light-colored lettering.
[5]
External neon signs are prohibited. Non-flashing neon signs may be displayed inside windows, provided they occupy no more than 15% of the glass area of the window in which they are displayed.
(11)
Streetlights.
(a)
In addition to the lighting requirements in § 320-56 of the Subdivision and Land Development Ordinance, streetlights within a TND shall conform to the following regulations:
[1]
Streetlights shall be provided along both sides of all streets and shall be spaced at two-hundred-foot intervals alternating from one side of the street to the other. The location of streetlights may be modified as necessary to provide safety, subject to approval by the Township.
[2]
Streetlight types and styles shall be consistent with the pedestrian-oriented TND streetscape and subject to approval by the Township.
K.
Design standards for development along Route 100 and Route 724.
(1)
In addition to the design standards listed in Subsection J, development along Route 100 or Route 724 shall conform to the following standards.
(a)
Commercial uses along Route 100 or Route 724 shall conform to the following:
[1]
Commercial uses shall not parallel Route 100 for a distance greater than 300 feet, or Route 724 for a distance greater than 150 feet, unless the storefronts are located behind a landscaped buffer area providing visual screening in all seasons of the year, or are located on the opposite side of a greenway area extending the full length of the commercial area as it parallels Route 100 or Route 724. If berms are used within the landscaped buffer area, they shall be no taller than two feet and shall taper gradually into the landscape with slopes not exceeding 1:5.
[2]
The commercial buildings shall be designed with display windows, architectural features, and signage facing Route 100 and Route 724. Blank walls shall not face Route 100 and Route 724.
[3]
Canopy trees shall be planted at intervals not greater than 40 feet along Route 100 and Route 724.
(b)
Residential uses, excluding second-floor dwelling units above commercial uses, shall not be located within 500 feet of Route 100, nor within 300 feet of Route 724, unless effectively screened from public view by virtue of natural topography or dense vegetation.
L.
Procedures for application and approval of a traditional neighborhood development.
(1)
All applicants shall comply with the procedures for application and approval as set forth in the North Coventry Township Subdivision and Land Development Ordinance[10] and the following:
(a)
All applicants are strongly encouraged to submit a sketch plan prior to the filing of the application for preliminary approval in order to allow for informal discussion of the conceptual aspects of the development plan.
(b)
All applicants shall submit a design manual at the time of application for conditional use approval, which shall specifically describe and illustrate how the development will address each of the design standards cited in Subsection I, Subsection J, and Appendix E.[11]
[11]
Editor's Note: Said appendix is included as an attachment to this chapter.
(2)
The Board of Supervisors shall have the authority to grant modifications to the requirements of the Subdivision and Land Development Ordinance if it determines that such modifications will enhance the design and function of the TND and will not adversely impact public health, safety, and welfare.
[1]
Editor's Note: See also the Proposed Traditional Neighborhood Development Overlay District Design Guidelines [available in the Township offices or through the Township's online version of the Code (eCode360®)], and Figure 34-4.C, Summary of TND Overlay District Regulations (included as an attachment to this chapter).