Pennsbury Township, PA Zoning Ordinance

§ 162-1501 Purpose.

[Amended 8-17-2016 by Ord. No. 2016-08-17-1; 8-20-2025 by Ord. No. 2025-08-20-1]

The purpose of this article is to promote the public health, safety, and general welfare by minimizing adverse environmental impacts. This article is intended to meet the following objectives:

As enabled by the Commonwealth, support and effect the purposes of Article 1, § 27 of the Pennsylvania Constitution, reading: "The people have a right to clean air, pure water, and to the preservation of the natural, scenic, historic, and esthetic values of the environment. Pennsylvania's public natural resources are the common property of all the people, including generations yet to come. As trustee of these resources, the commonwealth shall conserve and maintain them for the benefit of all the people."

Evaluate the potential environmental impacts on valuable natural resources and protect these resources through the implementation and enforcement of natural resource protection standards.

Identify, conserve and restore environmentally sensitive lands including floodplains, steep slopes, woodlands, hedgerows lakes, ponds, watercourses, riparian buffer areas, wetlands, and wetland margins.

Minimize disturbance of steep slope areas to limit soil erosion, protect natural vegetative cover, prevent siltation of streams and the degradation of water quality, and to prevent damage to property.

Protect water resources associated with carbonate geologic formations from land use and development patterns which would threaten their quality and quantity as a result of pollution and the alteration of natural drainage patterns.

Conserve, protect, and restore forested and nonforested riparian buffers through scientifically supported processes that will support and enhance their ecosystem services upon which Pennsbury Township and its residents rely, including, but not limited to, water quality preservation and enhancement, flood attenuation, wildlife habitat, and recreation and scenic benefits.

Protect the watercourses and wetlands otherwise not regulated or superseded by Title 25, § 102, of the Pennsylvania Code.

Implement the recommendations for natural resource protection as described in the Pennsbury Township Comprehensive Plan of 2006, as amended.

Regulate the use, siting, engineering and maintenance of all development to be consistent with the purposes and intent of this article and accepted conservation practices and to work with the carrying capacity of existing natural resources.

§ 162-1502 General provisions.

[Amended 8-20-2025 by Ord. No. 2025-08-20-1]

It shall be a violation of this chapter to regrade, fill, pipe, divert, channel, build upon, or otherwise alter or disturb a natural resource protected by this article prior to the submission, review, and approval of:

(1)

Applications for zoning or building permits;

(2)

Subdivision or land development plans;

(3)

Conditional use or special exception approvals;

(4)

Zoning variances;

(5)

Timber harvesting plans; or

(6)

Any other applicable permit or approval required by the Township that would involve disturbance of natural resources protected in this article.

Protected natural resources include, but are not limited to:

(1)

Floodplains;

(2)

Moderately and prohibitively steep slopes;

(3)

Woodlands;

(4)

Hedgerows;

(5)

Specimen vegetation;

(6)

Watercourses;

(7)

Riparian buffers;

(8)

Wetlands;

(9)

Wetland margins; and

(10)

Carbonate geologic formations.

In the event that two or more resources overlap, the resource with the greatest protection standard (the least amount of alteration, regrading, clearing, or building) shall apply to the area of overlap.

Where disturbance of a natural resource is permitted, it shall not take place until it has been determined by the Township Engineer, or other professional as designated by the Township, that such disturbance is consistent with the provisions of this article and other applicable ordinance provisions.

Restrictions to the disturbance of resources shall apply before, during, and after construction on a site.

Plan information required by this article shall be verified as correct by the Township Engineer or other qualified professional as determined by the Township Engineer.

§ 162-1503 Natural resource protection.

[Amended 3-19-2014 by Ord. No. 2014-3-19-1; 8-17-2016 by Ord. No. 2016-08-17-1; 8-20-2025 by Ord. No. 2025-08-20-1]

Floodplain protection standards. Areas identified as within the Flood Hazard District of the 100-year recurrence interval flood shall not be altered, regraded, filled, or built upon except in conformance with Article XVI and in accordance with § 162-1504.

Steep slope protection standards.

(1)

Steep slope areas, whether natural or man-made, shall be preserved in their original state whenever possible. Where construction of roads, buildings, driveways, or infrastructure cannot be avoided, disturbance shall be kept to the minimum necessary and, in no case, shall it exceed the following permitted disturbance limits for any lot, or tract:

(a)

Moderately steep slopes (15% to 25% slope). Except for permitted agricultural uses and timber harvesting when conducted in compliance with an approved timber harvesting plan, no more than 30% of moderately steep slopes shall be regraded, removed, built upon, or otherwise altered or disturbed.

(b)

Prohibitively steep slopes (greater than 25% slope). No more than 15% of prohibitively steep slopes shall be regraded, removed, built upon, or otherwise altered or disturbed. In addition, the disturbance permitted on prohibitively steep slopes shall be limited to the following activities:

[1]

Grading for the minimum portion of a road or driveway necessary for access to the principal use and sewer, water, and other utility lines when it can be demonstrated that no other routing is feasible.

[2]

Timber harvesting, when conducted in compliance with an approved timber harvesting plan in accordance with § 162-2041 of this chapter. Clear-cutting or grubbing of trees is prohibited on prohibitively steep slopes.

[3]

Permitted agricultural uses.

(2)

Slopes shall be measured as the change in elevation over the horizontal distance between consecutive contour lines and expressed as a percent. For the purpose of application of these regulations, regulated slope shall be moderately and prohibitively steep slopes measured over three or more two-foot contour intervals (six cumulative vertical feet of slope). 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.

(3)

In steep slope areas, each building or structure shall be constructed in such a manner as to provide the least alteration necessary of the existing grade, vegetation, and natural soils condition. Excessive cut and fill shall be avoided. New roads and improvements to existing roads should be designed within the existing contours of the land to the extent possible and strive for compatibility with the character of rural roads.

(4)

Finished slopes of permitted cut and fill shall not exceed 33% slope unless the applicant can demonstrate the method by which steeper slopes can be stabilized and maintained adequately.

(5)

All stockpiles of earth intended to be stored for more than 21 days shall be seeded or otherwise stabilized to the satisfaction of the Township Engineer. Any disturbed area of very steep slopes or any cut and fill resulting in slopes of greater than 25% shall be protected with an erosion control blanket.

(6)

Any disturbance of land shall be in compliance with the erosion and sedimentation control standards of Chapter 138, Subdivision and Land Development, Township stormwater management regulations, and Pennsylvania Department of Environmental Protection, Title 25, Chapter 102.

(a)

An erosion and sedimentation control plan and soil stabilization plan shall be submitted consistent with the requirements of Chapter 138, Subdivision and Land Development, Township stormwater management regulations, and other applicable stormwater management regulations.

(b)

The plan shall demonstrate how soil will be protected from erosion during construction and how soil will be stabilized upon the completion of construction.

(7)

Where the following information has not been previously submitted as part of the subdivision or land development plan application, such information shall be submitted to the Township with building permit, conditional use, special exception, zoning, or other permit applications, when applicable:

(a)

The erosion and sedimentation control plans described in Subsection B(6) above.

(b)

A grading plan shall be provided identifying the existing contours of the site, proposed finished grades, and the proposed location of all buildings and structures.

Woodland, hedgerow, and specimen vegetation protection standards.

(1)

Specimen vegetation.

(a)

Specimen vegetation shall not be removed from any lot or tract without approval of the Township. Such approval shall be included in any applicable timber harvesting plan, any other applicable zoning or land disturbance permit or land development plan and, where no other permit is applicable, shall require the issuance of a specimen vegetation removal permit.

(b)

Township approval of specimen vegetation removal shall depend on the applicant demonstrating to the satisfaction of the Township that such removal is essential to eliminate a hazardous condition(s) or otherwise permit lawful use of the lot or tract, including agricultural or timber harvesting where permitted. Where no alternative exists, and where permitted by the Township, removal of specimen vegetation shall be minimized. The desire to maximize development of a lot or tract shall not be adequate justification to remove specimen vegetation. Specimen trees to be retained may be credited toward tree replacement where required by § 138-530B of Chapter 138, Subdivision and Land Development.

(c)

Landowners anticipating any tree removal are encouraged to contact the Township prior to removal so that it can be ascertained whether or not specimen vegetation is involved. Where the landowner maintains that no specimen vegetation will be removed subject to this section and the Township believes otherwise, the Township may independently engage an appropriate professional to ascertain the location(s) of specimen vegetation and the landowner shall refrain from vegetation removal until approved by the Township.

(2)

Woodlands and hedgerows.

(a)

Unless undertaken as an approved timber harvesting operation conducted in compliance with the requirements of § 162-1503, the following disturbance limitations shall apply:

[1]

For residential uses, no more than 35% of woodlands shall be regraded, removed, built upon, or otherwise altered or disturbed; and

[2]

For nonresidential uses, no more than 50% of woodlands shall be regraded, removed, built upon or otherwise altered or disturbed.

(b)

In determining where permitted woodland disturbance will occur, the following factors shall be considered by the applicant and Township:

[1]

The location(s) and benefit of conservation of healthy mature woodland stands shall be considered.

[2]

Each building or structure shall be constructed in such a manner as to provide the least alteration or disturbance necessary of the existing woodland or hedgerow. Where possible, clear-cutting shall be minimized and trees shall be selectively removed.

[3]

Where possible, the remaining undisturbed woodlands and other vegetation shall interconnect with woodlands or wooded areas of adjacent properties 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.

[4]

In each situation where the standards of this section are applied, consideration shall be given to balancing the benefits of woodland preservation with other valuable resources on the site, including scenic views. The Township shall not unreasonably restrict woodland disturbance where limited disturbance may permit siting of buildings in less visually obtrusive areas of the tract.

(3)

Protection of woodlands and specimen vegetation to remain on site. Woodlands, hedgerows, individual trees, and other vegetation that are to remain on the site shall be identified on any applicable permit or plan submission and protected from land disturbance and construction activities in accordance with the tree protection provisions of § 138-530C, Protection of vegetation from mechanical injury and grading change, of Chapter 138, Subdivision and Land Development.

(4)

Tree replacement. Tree replacement shall be required in accordance with the standards of § 138-530B, Conservation of woodlands and other vegetation, of Chapter 138, Subdivision and Land Development.

Timber harvesting regulations. All timber harvesting shall conform to the standards and practices set forth in § 162-2041 and shall be conducted in compliance with an approved timber harvesting plan.

Riparian buffer protection standards.

(1)

The provisions of this section shall not apply to the following:

(a)

Areas occupied by existing permitted primary and accessory uses, including but not limited to all agricultural uses and research related thereto, buildings, transportation facilities, fences, lawns, gardens, utility lines, roads, trails, driveways, sidewalks, bikeways, decks, piers, water, septic and sewage supply facilities and their related appurtenances, including but not limited to well houses, utility pump and lift stations, manholes, etc.;

(b)

Isolated wetlands and water bodies not located along a watercourse, where the wetland or waterbody is not greater than 5,000 square feet in area.

(2)

For lands lying within a PADEP-designated Special Protection Watershed, the riparian buffer requirements of Title 25, § 102.14 of Chapter 102 (Erosion and Sedimentation Pollution Control Rules and Regulations) of the Pennsylvania Code shall apply when more restrictive than the regulations provided herein. Pursuant to 25 Pa. Code § 102.14, earth disturbance activities subject to post-construction stormwater management (PCSM) permits cannot be located within 150 feet of a watercourse in an exceptional value (EV) or high quality (HQ) watershed. At the time of plan and/or permit approval under this chapter, applicants are responsible for demonstrating compliance with § 102.14 of Chapter 102, when applicable, and provide copies of all related correspondence and relevant PADEP approvals to the Zoning Officer.

(3)

The riparian buffer shall consist of two zones: Zone One, Inner Riparian Buffer, and Zone Two, Outer Riparian Buffer. The provisions of Subsection E(4) and (5) below shall determine the specific widths of the individual riparian buffer zones. The total riparian buffer, consisting of Zone One and Zone Two, shall be a minimum of 100 feet from the edge of a waterbody, or shall equal the extent of the 100-year floodplain, whichever is greater. Under specific circumstances, where steep slopes occur, additional buffer width may be required in accordance with Subsection E(4) below.

Figure 15-1: Typical Riparian Buffer Scenario

(4)

Zone One: Inner Riparian Buffer. This zone shall begin at each edge of a watercourse or waterbody and shall extend landward a minimum width of 50 feet, measured horizontally on a line perpendicular to the nearest edge of the waterbody or watercourse at bankfull flow, as reviewed and approved by the Township Zoning Officer. Where moderately or prohibitively steep slopes (+15%) are located within 50 feet of the edge of a waterbody, Zone One shall be extended to include the entirety of the moderately or prohibitively steep slopes that begin within 50 feet, including those that extend beyond 100 feet, potentially enlarging the width of the riparian buffer. Where the Zone One buffer equals or exceeds a total buffer width of 100 feet on either side of the subject waterbody, the Zone One buffer shall constitute the total riparian buffer and the restrictions of the Zone One buffer shall apply. If the distance is less than 100 feet but greater than 50 feet, the width of Zone Two will be adjusted so that the total riparian buffer width (Zone One and Zone Two) is 100 feet. With the exception of those uses or activities listed below, no land disturbance shall be permitted within the Zone One Riparian Buffer nor shall it otherwise be altered or disturbed:

(a)

Regulated activities permitted by the Commonwealth, Army Corps of Engineers or other federal agency;

(b)

Wildlife sanctuaries, nature preserves, forest preserves, fishing areas, and passive areas of public and private parklands;

(c)

Provision for stone dust or unpaved trails and paved public trails and trail access;

(d)

Selective removal of hazardous or invasive alien vegetative species;

(e)

Temporary stream restoration projects, stream bank restoration projects and vegetation management to restore the stream or riparian zone to an ecologically healthy stage utilizing natural channel design practices to the greatest degree possible. The project shall be conducted in accordance with an approved landscape plan or open space management plan, to include project duration and timing;

(f)

A soil conservation project approved by the Chester County Conservation District;

(g)

Removal of hazardous material or septic system, junk material, overhanging tree or diseased tree;

(h)

Research and monitoring devices, such as staff gages, water recording, water quality testing, cross vanes, weirs and related demonstration facilities;

(i)

Permitted agricultural uses and activities;

(j)

Timber harvesting, when conducted in compliance with a timber harvesting plan approved by the Township, in accordance with § 162-2041 of this chapter.

(k)

Where permitted by special exception approval, structures that, by their nature, cannot be located anywhere except within the riparian buffer. These structures shall include docks, boat launches, public water supply intake structures, facilities for domestic water quality treatment and purification and public wastewater treatment plant sewer lines and outfalls. The structures shall provide for the minimum practicable disturbance of the riparian buffer by minimizing size and location and by taking advantage of collocation, if possible.

(5)

Zone Two: Outer Riparian Buffer. This zone begins at the outer edge of the Zone One Riparian Buffer and extends further landward to a minimum total width of 100 feet including Zone One. However, where Zone One is greater than 50 feet due to the presence of prohibitively steep slopes per Subsection E(2) above, Zone Two shall cover the remaining distance necessary to achieve a total 100-foot riparian buffer. The following activities shall be permitted by right:

(a)

Activities permitted in the Zone One Riparian Buffer;

(b)

Any other use or activity permitted in the underlying (base) zoning district, provided that no more than 20% of Zone Two shall be subject to land disturbance for purposes of such use or activity.

(6)

Riparian buffer increase for impaired water bodies. In the case of a waterbody that has been identified by PADEP as impaired, Zone Two begins at the outer edge of any area delineated within Zone One and extends further landward to a minimum total width of 150 feet including Zone One.

(7)

Applicant to initially delineate. The applicant shall delineate any riparian buffer areas as specified in § 162-1503E(3) through (6) above on any plan that is submitted for the following approvals:

(a)

Conditional use, special exception, or variance.

(b)

Subdivision or land development.

(c)

Any other improvements that require a zoning or building permit for the activities within the Riparian Buffer Overlay Zoning District.

(8)

The following uses and activities are prohibited within the riparian buffer (both Zones One and Two) except with approval of special exception and, if required, the Pennsylvania Department of Environmental Protection (e.g., disturbance for stream bank restoration to repair damage from flooding or erosion) and only where related to uses permitted by § 162-1503E(4) or (5) above. Such uses and activities, listed below, shall also comply with the standards herein:

(a)

Clearing existing vegetation.

(b)

Soil disturbance by grading, stripping, or other practices.

(c)

Use of fertilizers, pesticides, herbicides, and/or other chemicals.

(d)

Road crossings (when perpendicular to the stream or buffer), bridges, culverts, utilities, and impoundments.

(e)

Stormwater conveyance structures and outfalls may be located in Zone Two only.

(9)

The following land uses and or activities are designated as potential water pollution hazards and shall be set back from any watercourse or waterbody by the distance indicated below. Where more restrictive, the requirements of the Flood Hazard Overlay District shall apply:

(a)

Storage of hazardous substances: 150 feet.

(b)

Above- or below-ground petroleum storage facilities: 150 feet.

(c)

Drainfields from on-site sewage disposal and treatment system: 100 feet.

(d)

Raised septic systems: 250 feet.

(e)

Solid waste landfills or junkyards: 300 feet.

(f)

Confined animal feedlot operations: 250 feet.

(g)

Subsurface discharges from a wastewater treatment plant: 100 feet.

(10)

Buffer restoration and planting requirements. Such restoration is encouraged throughout the Township and required under the terms of § 162-1502A, above.

(a)

All riparian buffer areas shall be continually maintained with a dominant mix of native trees, shrubs, and/or herbaceous plants so as to constitute a forested riparian buffer where not otherwise occupied by any existing use or any authorized use permitted by this § 162-1503E.

(b)

Impacted riparian buffer areas shall be restored by an applicant to a forested riparian buffer, as a condition of approval of any final subdivision plan, final land development plan, or building or zoning permit approval, except as provided in Subsection E(10)(f) below, through invasive removal and planting of a diverse mix of native tree and shrub species as follows:

[1]

The applicant shall restore the first 100 feet of the impacted buffer area.

[2]

Where the applicant is permitted by the Township to disturb up to 20% of Zone Two, as set forth in § 162-1503E(5), planting shall not be required within the 20% land area.

(c)

Restoration of the impacted riparian buffer shall occur as follows:

[1]

Zone One. Predominant vegetation must be composed of a variety of native tree species planted in accordance with Subsection E(10)(d) below.

[2]

Zone Two. Predominant vegetation must be composed of a variety of native riparian tree and shrub species planted in accordance with Subsection E(10)(d) below. For restoration adjacent to impaired water bodies, in addition to the planting requirements for Zone One, native trees and shrubs must occupy at least the first 50 feet of Zone Two, beginning at the outer edge of Zone One.

[3]

Restoration plantings shall be planted at a density sufficient to provide 300 trees per acre at maturity. To achieve this density, no less than 350 (at approximately ten-foot-by-ten-foot spacing) trees per acre should be planted initially. The following guide is recommended for tree spacing and density based on plant size at installation:

[a]

Seedlings: six-foot to 10-foot spacing (approximately 700 seedlings/acre).

[b]

Bare root stock: 14-foot to 16-foot spacing (approximately 200 plants/acre).

[c]

Larger and container: 16-foot to 18-foot spacing (approximately 150 plants/acre). Additional planting guidance may be obtained from PADEP's Bureau of Watershed Management Document Number 394-5600-001, entitled "Riparian Forest Buffer Guidance, November 27, 2010."

(d)

Applicants shall submit, as a condition of approval of any final subdivision plan, final land development plan, or permit, and implement a planting and maintenance plan for the impacted riparian buffer. The plan shall be prepared by a registered landscape architect or professional plant ecologist. The plan shall identify the number, density and species of native trees and shrubs appropriate to the geographic location that will achieve a minimum of 60% uniform canopy coverage and describe the maintenance program to be conducted by the buffer owner for a minimum of five years, include measures to initially remove, and thereafter control, invasive species, control deer and rodent damage, and require replacement of deceased trees for a minimum of the first three years.

(e)

Any riparian buffer that is included within a lot created after the effective date of this chapter shall include, as a condition of approval of the subdivision creating the lot, a restrictive covenant approved by the municipal solicitor, and recorded with the final subdivision or land development plan and the deed for the lot. The restrictive covenant shall clearly define the riparian buffer area, shall include binding provisions for the adequate long-term functioning and integrity of the riparian buffer, and shall include a requirement for notification of all subsequent lot owners of its restrictive nature.

(f)

Restoration to a forested riparian buffer shall not be required for issuance of a building permit for a single-family residence or addition thereto on a lot existing on the effective date of the Township Ordinance that enacted this amendment to Chapter 162, § 162-1503E.

Wetland protection standards.

(1)

Any applicant proposing a use, activity, or improvement which would entail the regrading or placement of fill or structures (if otherwise permitted) 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. Any applicant contacted by the Pennsylvania Department of Environmental Protection or the U.S. Army Corps of Engineers shall provide to the Township a copy of such correspondence within five working days of receipt.

(2)

Wetlands shall not be regraded, filled, piped, diverted, channeled, built upon, or otherwise altered or disturbed except where state or federal permits have been obtained.

(3)

Wetland protection standards shall apply to lakes and ponds.

(4)

Delineation of wetlands. The applicant shall provide a wetlands delineation report consistent with the following requirements:

(a)

A full wetland delineation report conducted by a qualified wetland biologist, soil scientist, or environmental professional of demonstrated qualifications shall be submitted to the Township.

(b)

The wetland report shall include a determination of whether wetlands are present on the site and a full delineation, area measurement (in square feet), and description of any wetlands determined to be present. If there is a question as to the accuracy of the wetland delineation report, the Township may hire a qualified consultant to review the delineation and recommend revisions at the applicant's expense.

(c)

Such a professional shall certify that the methods used correctly reflect the currently accepted technical concepts, including identification and analysis of wetland vegetation, hydric soils, and hydrologic indicators. Methods used in the delineation report shall be acceptable to the Township Engineer or other qualified consultant hired by the Township.

(d)

If no wetlands are found on 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 (or most currently used manual), were found to exist."

Wetland margin protection standards.

(1)

The wetland margin shall extend a minimum of 50 feet from the outer limits of the wetland boundary. With the exception of those uses or activities listed below, no more than 20% of a wetland margin shall be altered, regraded, filled, built upon, or otherwise altered or disturbed.

(a)

Regulated activities permitted by the Commonwealth of Pennsylvania, the Army Corps of Engineers, or other federal agency (i.e., permitted stream or wetland crossing);

(b)

Provision for public trail and trail access;

(c)

Selective removal of hazardous or invasive alien vegetative species;

(d)

Vegetation management in accordance with an approved landscape plan or open space management plan;

(e)

A soil conservation project approved by the Chester County Conservation District;

(f)

Removal of hazardous material or septic system, junk material, or a diseased tree;

(g)

Permitted agricultural uses; or

(h)

Timber harvesting when conducted in compliance with an approved timber harvesting plan, in accordance with § 162-2041 of this chapter.

(2)

Wetland margin protection standards shall apply to lake and pond shorelines.

(3)

In addition, any Department of Environmental Protection's regulations under Title 25 Pa. Code, Chapter 105, concerning activities in wetlands margins shall be met.

Carbonate geologic formations. For areas within the Groundwater Protection Overlay District, as defined in § 162-1505 of this chapter, the requirements of § 162-1505 shall apply.

§ 162-1504 Application of natural resource protection standards.

Plan information. In order to ensure compliance with the natural resource protection standards of § 162-1503 of this chapter, the following information shall be provided with the submittal of applications or plans listed under § 162-1502A when land disturbance is contemplated. In those cases where a limited amount of the site will be subject to disturbance, the Zoning Officer may determine the area of land to be shown on the plan information that will adequately demonstrate compliance with the natural resource protection standards of this article.

(1)

A site analysis plan as required by § 138-301C of Chapter 138, Subdivision and Land Development, including all encroachments and disturbances necessary to establish the proposed use of the site.

(2)

Any additional documentation as may be required by § 162-1503 to ensure compliance with the stated resource protection standards.

(3)

The following table (Table 15-2) indicating the area of the site with natural resources that would be disturbed or encroached upon shall be required. The figures of Column D (Proposed Disturbance) shall be less than or equal to the corresponding figures of Column C (Maximum Disturbance Allowance)

Table 15-2 Example Disturbance Table
Protected Resource*	A Maximum Disturbance Allowance	B Area of Land in Protected Resources	C Maximum Area of Permitted Disturbance (Area x Disturbance Allowance)	D Proposed Area of Disturbance
Floodplains/Flood Hazard District	0%
Steep slopes: 15% to 25%	30%
Very steep slopes: > 25%	15%
Riparian buffer Zone One	0%
Riparian buffer Zone Two	20%
Woodlands: residential	35%
Woodlands: nonresidential	50%
Watercourses or streams	0%
Wetlands	0%
Wetlands margin	20%
TOTAL

*	Where resources overlap, the overlapping area shall be included in the more restrictive resource category.

Minimum buildable area.

(1)

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 improvements and site alterations while meeting the natural resource protection standards and minimum setback requirements of this chapter.

(2)

Within any proposed subdivision, for uses other than, subdivisions utilizing the open space design options of Article XVIII and mobile home parks, all single-family detached residential lots shall have a contiguous minimum buildable area as indicated below (Table 15-3):

Table 15-3 Minimum Building Areas
Zoning District	Minimum Lot Size	Minimum Buildable Area (square feet)	Maximum Lot Coverage
R-1	3 to 5 acres	9,000	12% to 15%
R-2	2 to 3 acres	8,000	12% to 15%
R-3	1 acres	5,000	15%
R-4	1 acre (on-lot sewer/water); 20,000 square feet (public sewer/water)	3,500	20%
R-5	1 acre (on-lot sewer/water); 17,500 square feet (public sewer/water)	3,000	25%
VR	1 acre (on-lot sewer/water); 17,500 square feet (public sewer/water)	2,500	25%

(3)

Where the option of lot averaging is chosen, all lots which are less than or equal to one acre in size shall have a contiguous minimum buildable area of at least 20% of the lot area. All lots which are greater than one acre in size shall have a contiguous buildable area of at least 10% of the lot area.

On-lot sewage systems. For uses with individual on-lot sewage systems, a 2,000 square foot or larger area, in addition to the minimum buildable area specified in Subsection B above, shall be identified for the location of the sewage system. Where applicable, a reserve or replacement area of 2,000 square feet shall also be identified. Such area(s) shall not include natural features with a 0% maximum disturbance limit and the portion of those natural features that may not be developed or intruded upon as specified in § 162-1504A, Table 15-2.

Continued protection of identified natural resources. To ensure the continued protection of identified natural resources, the following requirements shall apply:

(1)

Protected resources on individual lots.

(a)

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 resources protection areas within its boundaries. It shall be clearly stated in the individual deeds that the maintenance responsibility lies with the individual property owner and that the Township shall have the right to enter the property for the purpose of correcting violations and may charge the homeowner for costs associated with bringing such violations into compliance. The restrictions shall provide for the continuance of the resource protection areas in accordance with the provisions of this chapter.

(b)

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.

(2)

Protected resource areas held in common. For natural resources protection areas held in common, the provisions of Article XVIII shall apply. In addition to the provisions of Article XVIII, 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.

(3)

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 subjected to additional review and re-approval and shall be consistent with the natural resource protection standards of Article XV of the Pennsbury Township Zoning Ordinance."

§ 162-1505 Groundwater Protection Overlay District.

The Groundwater Protection Overlay District shall be deemed an overlay on the applicable zoning districts.

Definition and interpretation.

(1)

The Groundwater Protection Overlay District coincides with the carbonate or limestone geologic formations and includes all of the following areas:

(a)

The area designated and identified on Map 7-1, Watersheds and Geology, of the Pennsbury Township Comprehensive Plan of 2006, as amended, as consisting of carbonate geology, specifically, Cockeysville and Franklin marble; and

(b)

All lands containing Class 3 soils for urban suitability as identified in the soil legend for Chester County Soils, surveyed and published by the U.S. NRCS. Class 3 soils consist of all Hagerstown Silt Loam, Bedford Silt Loam, Guthrie Silt Loam, which soils are associated with underlying carbonate or limestone geologic formations.

(2)

In reviewing all applications for compliance with the provisions of this section, the Township shall make its review on the basis of Groundwater Protection Overlay District boundaries as described in Subsection A(1) above.

(3)

Where interpretation is needed as to the exact location of the boundaries of the District as described in Subsection A(1) above, for example, where there appears to be a conflict between a mapped boundary and actual field conditions, an initial determination of the exact boundary of the Groundwater Protection Overlay District shall be made by the Township Engineer.

(4)

Any party seeking such a determination may submit a geologic study of the area in question, or other pertinent documentation for consideration. The Township Engineer shall make a written report of the results of his initial determination, a copy of which shall be provided to the Board of Supervisors.

(5)

Any party aggrieved by any such determination of the Township Engineer may appeal to the Zoning Hearing Board. The person contesting the location of the district boundary shall have the burden of proof in case of any such appeal.

Applicability.

(1)

Regulations pertaining to the Groundwater Protection Overlay District in this section shall constitute an overlay on the otherwise applicable zoning districts as delineated on the Township Zoning Map.

(2)

No structure, land or water shall be used or developed, and no structure shall be located, extended, converted or structurally altered without full compliance with the standards and procedures as set forth in § 162-1505C.

(3)

In the Groundwater Protection Overlay District, alteration and development of land may be hazardous with respect to foundation safety of structures, the creation of unstable land as a result of changes in drainage, and the contamination of ground and surface waters. Within the limitations of the information available at the time of review of individual applications, the Township shall attempt to make reasonable judgments as to the applicant's compliance with the standards of § 162-1505C. Under no circumstances shall Pennsbury Township or any officer or employee of the Township assume any liability for any interested party's reliance upon the regulations of § 162-1505 or any decisions made by the Township in the administration of such regulations.

Standards.

(1)

No structure, land or water shall be used or developed, and no structure shall be located, extended, converted or structurally altered in the Groundwater Protection Overlay District unless the applicant takes all reasonable measures to minimize the adverse impacts of this proposed action, as set forth in Subsection C(1)(a) through (d) below. To minimize shall not mean to eliminate, but to make the most substantial effort possible under the circumstances to reduce the adverse effect of the action required to be minimized.

(a)

The below-ground storage of heating oil, gasoline, chemical solutions or other substances which, if released, would constitute pollutants to ground or surface waters. If warranted, as determined by the Township, the applicant may be required to place tank(s) in a concrete vault, install other impervious lines, and/or install monitoring devices. The applicant shall demonstrate compliance with the provisions of the Storage Tank and Spill Prevention Act, Act 32 of 1989, P.L. 169, No. 32, as amended,[1] and with all applicable regulations of the Pennsylvania State Police, Fire Marshal Division.

[1]

Editor's Note: See 35 P.S. § 6021.101 et seq.

(b)

The use of fill containing any material which would represent a potential contamination hazard to ground or surface waters. Materials shall include but not necessarily be limited to wastes identified as hazardous by the Pennsylvania Department of Environmental Protection.

(c)

Storage, handling, processing or disposal of toxic materials or any other substance with the potential to contaminate ground and surface waters. The applicant shall also demonstrate compliance with Article VII, Hazardous Waste Management, as amended and with the Resource Conservation and Recovery Act of 1976 as amended, 42 U.S.C. § 6901 et seq. (1976).

(d)

Land grading or construction of buildings or other site improvements which would directly or indirectly diminish the flow of natural springs. If warranted, as determined by the Township, water table data from observation wells shall be provided by the applicant.

(2)

Should the Township find that an applicant may create a significant risk to the public's health or safety, in spite of taking all reasonable actions to minimize such risks, or should the Township determine that the applicant has not taken all reasonable actions to minimize such risks, the Township may deny the application in accordance with § 162-1505D, herein. In either case of denial, the applicant may submit an environmental assessment report in accordance with § 162-1505E for further consideration by the Board of Supervisors.

Procedures for all applicants in the groundwater protection Overlay District.

(1)

Except for applicants initially electing to submit an environmental assessment report as set forth in § 162-1505E, all other applicants for a permit or approval under § 162-1502A whose properties are located entirely or partially within the Groundwater Protection Overlay District, as defined in § 162-1505A, shall submit the following information to the Township:

(a)

A map, at a scale no smaller than one inch equals 100 feet indicating the location of the property and all proposed improvements thereon and their geographic relationship to the Township's Groundwater Protection Overlay District. The applicant shall utilize the carbonate area boundaries as described in § 162-1505A.

(b)

For areas proposed for grading, construction of buildings and other improvements, the applicant shall submit information for such areas, indicating the presence of any of the following carbonate features:

[1]

Depressions.

[2]

Fissures, lineaments, faults or air photo fracture traces.

[3]

Lakes occurring after rainfall events.

[4]

Outcrops of bedrock.

[5]

Seasonal high water tables.

[6]

Sinkholes.

[7]

Soil molting, as defined by a soil scientist.

[8]

Springs.

[9]

Surface drainage entering the groundwater.

(c)

Such information may be based upon field surveys and/or published data, but in either case shall be supported by an explanation of its source including the qualifications of the individuals directly responsible for preparing such information.

(d)

The applicant shall furnish a map indicating existing and proposed drainage conditions, the locations of existing private and public wells on adjoining properties and the locations and extent of all proposed uses and improvements cited in § 162-1505C.

(2)

The Township Engineer shall review the information provided by the applicant as required in § 162-1505D(1) and may make a site inspection of the property, having notified the applicant at least five days in advance of the inspection. The Township Engineer shall submit a memorandum report to the Board, presenting his findings with respect to the applicant's compliance with each and every standard in § 162-1505C, for which one of the following opinions shall be rendered:

(a)

Compliance. The application complies with the standard.

(b)

Compliance with additional conditions. The application would comply with the standard, provided that certain additional conditions were met by the applicant.

(c)

Noncompliance. The application does not comply with the standard.

(d)

Nondetermination. A determination of compliance cannot be made on the basis of information provided by the applicant.

(3)

A copy of the Township Engineer's report shall also be forwarded to the applicant. Should that report contain findings of noncompliance or nondetermination, the applicant shall be permitted to submit an environmental assessment report to the Township in accordance with procedures set forth in § 162-1505E. Should the applicant fail to notify the Township, in writing, within the applicable time period of § 162-1505E(3) (including a written request for extension thereof if necessary), of his intent to submit an environmental assessment, all findings of nondetermination shall be acted upon by the Board in the same manner as findings of noncompliance.

Environmental assessment report.

(1)

All applicants filing an environmental assessment report shall prepare such a report in accordance with the provisions of this section. In such instances, the report shall provide additional information to the Township, demonstrating that the applicant can comply with all standards in § 162-1505C, one or more of such standards would not be applicable, given the conditions of the applicant's property or existing uses thereon, or that his proposed action poses no threat to public health or safety.

(2)

The format and contents of the environmental assessment report shall be as follows:

(a)

Statement of purpose. This section shall indicate those standards in § 162-1505C being addressed in the report and whether the applicant is attempting to demonstrate compliance or justify noncompliance with those standards.

(b)

Description of existing conditions. This section shall present a description of existing characteristics of the property with respect to geology, topography, ground and surface water hydrology, soils, vegetation, and existing improvements and uses.

(c)

Description of the proposed action. This section shall describe the proposed action, including: types, locations and phasing of proposed site disturbances and construction, as well as proposed future ownership and maintenance of the property and the proposed improvements. Plans describing the proposed action may either be included within or accompany the environmental assessment report.

(d)

Proposed measures to control potential adverse environmental impacts. This section shall describe all measures proposed by the applicant to control all adverse impacts which may occur as a result of the proposed action. It shall address all impacts cited by the Township Engineer in his report on the application, prepared in accordance with procedures described in § 162-1505E.

(e)

List and qualifications of preparers. The names, addresses, telephone numbers and qualifications of persons directly responsible for preparing the environmental assessment shall be provided.

(f)

Appendices. Any additional information which the applicant wishes to provide may be included in one or more appendices to the report.

(3)

The environmental assessment report must be received by the Township no later than 30 days prior to the final date by which the Township must formally act upon the application. The report shall be submitted in six copies to the Township. The Township Engineer shall review the report and submit his findings in a memorandum to the Board. A copy of that memorandum shall be forwarded to the applicant.

§ 162-1506 Modifications.

[Added 8-17-2016 by Ord. No. 2016-08-17-1]

For any use or activity subject to subdivision or land development review, as part of applicable plan submission, modification(s) may be requested to the provisions of this article. Requested modification(s) may be granted at the discretion of the Board of Supervisors pursuant to the provisions of Chapter 138, Subdivision and Land Development.

For any use or activity not subject to subdivision or land development review, but subject to application for approval of a conditional use, special exception, or zoning variance under the provisions of this chapter, the applicant may request modification(s) to the provisions of this article.

For any use or activity not falling within the scope of Subsection A or B, the applicant may request modification(s) to the provisions of this article in the form of an application for grant of a special exception by the Zoning Hearing Board. Such applications shall be submitted to the Planning Commission for review and comment prior to formal special exception application to the Zoning Hearing Board.

Applicants shall provide appropriate documentation in support of their modification request, and the Board of Supervisors or Zoning Hearing Board (as applicable) may request additional documentation of an applicant, or of its municipal consultants, to help reach its decision.

In consideration of approval of any applicant request for modification(s) under this article, the following standards shall serve as the basis for a decision:

(1)

That there are unique physical circumstances or conditions, including but not limited to irregularity, narrowness, or shallowness of lot size or shape, excessive frontage along a water body, presence of existing buildings or structures, or exceptional topographical or other physical conditions peculiar to the particular property. That because of such physical circumstances or conditions, it is impracticable for the property to be developed in strict conformity with the buffer requirements of this article and that the approval of the modification is therefore necessary to enable the reasonable use of the property under base zoning provisions.

(2)

That the modification, if approved, will result in the minimum reduction in performance of the natural resource, pursuant to the purposes set forth in § 162-1501, as needed, to provide for the lawful intended use.

No alteration of the use regulations set forth in this article shall be authorized as modification pursuant to this § 162-1506. Any such requested alteration shall constitute an application for a variance, meeting all applicable requirements for same, to be submitted to the Zoning Hearing Board.