Pennsbury Township City Zoning Code
ARTICLE XV
Natural Resource Protection
§ 162-1501 Purpose.
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:
A.
Evaluate the potential environmental impacts on valuable natural resources and protect these resources through the implementation and enforcement of natural resource protection standards.
B.
Identify and conserve environmentally sensitive lands including floodplains, steep slopes, woodlands, hedgerows, lakes, ponds, watercourses, riparian buffer areas, wetlands, and wetland margins.
C.
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.
D.
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.
E.
Conserve, protect, and restore forested and nonforested riparian buffers through scientifically supported processes.
[Added 8-17-2016 by Ord. No. 2016-08-17-1]
F.
Protect the watercourses and wetlands otherwise not regulated or superseded by Section 102 of the Pennsylvania State Code.
[Added 8-17-2016 by Ord. No. 2016-08-17-1]
G.
Implement the recommendations for natural resource protection as described in the Pennsbury Township Comprehensive Plan of 2006, as amended.
§ 162-1502 General provisions.
A.
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.
B.
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.
C.
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.
D.
Restrictions to the disturbance of resources shall apply before, during, and after construction on a site.
E.
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.
B.
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). 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 the required timber harvesting plan (see § 162-1503D). Clear-cutting or grubbing of trees is prohibited on very steep slopes.
(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:
C.
Woodland, hedgerow, and specimen vegetation protection standards.
(1)
Specimen vegetation. Specimen vegetation shall not be removed from any lot or tract except where the applicant demonstrates to the satisfaction of the Board of Supervisors that such removal is essential to eliminate a hazardous condition(s) or otherwise permit lawful use of the lot or tract and where no alternative exists; where permitted, 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 required by § 138-530B of Chapter 138, Subdivision and Land Development.
(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:
(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 the plan 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.
D.
Timber harvesting regulations.
(1)
Timber harvesting operation shall only be undertaken in accordance with a timber harvesting plan approved by the Township.
(a)
All timber harvesting plans shall be submitted to the Township for review for compliance with the standards set forth herein not less than 21 days prior to commencement of the timber harvesting operation. Within 14 days of submission of a timber harvesting plan to the Township, and based on review for compliance with the standards set forth herein, the Zoning Officer shall indicate to the applicant approval or denial of the submitted plan or approval subject to reasonable conditions.
(b)
The Township may retain a forester certified by the American Society of Foresters to review the timber harvesting plan and comment on its adequacy in meeting the intent of these regulations.
(2)
Timber harvesting plans submitted to the Township for review and approval shall include the following information:
(a)
Site location and boundaries of both the entirety of the property upon which the timber harvesting operation shall occur and the specific area proposed for timber harvesting;
(b)
Significant natural features on the property including steep slopes, wetlands, and riparian buffer zones;
(c)
Identification of specimen vegetation as defined by this chapter;
(d)
Description of how long-term sustainability of the timber harvesting operation and regeneration of the woodlands will be achieved;
(e)
The general location of the proposed operation in relation to municipal and state highways and any proposed accesses to those highways;
(f)
Design, construction, maintenance, and retirement of the access system, including haul roads, skid roads, skid trails, and landings;
(g)
Design, construction, maintenance, and retirement of water control measures and structures such as culverts, broad-based dips, filter strips, and water bars; and
(h)
Design, construction, maintenance, and retirement of proposed stream and wetland crossings.
(3)
Any permits required by any other agency under any applicable regulation shall be the responsibility of the landowner or timber harvesting operator as applicable. Copies of all required permits shall be submitted to the Township prior to commencement of the timber harvesting operation.
(4)
The Township Engineer, Zoning Officer, and/or Township Forester shall be permitted access to the site of any timber harvesting operation before, during, or after active timber harvesting to review, inspect and ascertain compliance with the provisions set forth herein.
(5)
The following management practices shall apply to all timber harvesting operations:
(a)
Felling or skidding across any public thoroughfare is prohibited without the express written consent of the Township or PennDOT, whichever is responsible for the maintenance of said thoroughfare.
(b)
No tops or slash shall be left within 25 feet of any public thoroughfare or private roadway.
(c)
Litter resulting from a timber harvesting operation shall be removed from the site before it is vacated by the operator.
(d)
The operation shall not cause harm to the environment or any other property.
(6)
Timber harvesting operations shall not be permitted within any Zone One riparian buffer. Clear-cutting or grubbing shall not be permitted within any Zone One or Two riparian buffer, the Flood Hazard District, or on very steep slopes.
(7)
Upon determination that a timber harvesting operation is in violation of these regulations, each day where any violation occurs shall constitute a separate violation subject to the provisions of this chapter.
E.
Water body/riparian buffer protection standards. The provisions of this section shall not apply to the footprints of existing 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, driveways, sidewalks, bikeways, decks, piers, water, septic and sewage supply facilities and their related appurtenances (well houses, utility pump and lift stations, manholes, etc.).
[Amended 3-19-2014 by Ord. No. 2014-3-19-1; 8-17-2016 by Ord. No. 2016-08-17-1]
(1)
The riparian buffer shall consist of two zones: Zone One, Inner Riparian Buffer, and Zone Two, Outer Riparian Buffer. The provisions of Subsection E(2) and (3) 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 water body, 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(5) below.
Figure 15-1: Typical Riparian Buffer Scenario  |
(2)
Zone One - Inner Riparian Buffer. This zone shall begin at each edge of a water body and shall extend landward a minimum width of 50 feet, measured horizontally on a line perpendicular to the nearest edge of the water body at bankfull flow, as reviewed and approved by the Township Engineer. Where prohibitively steep slopes (+25%) are located within 50 feet of the edge of a water body, Zone One shall be extended to include the entirety of the prohibitively steep slopes up to the total buffer width of 100 feet on either side of the subject water body. Under such circumstances, the Zone One buffer may 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 with (Zone One and Zone Two) is 100 feet. With the exception of those uses or activities listed below, no woodland disturbance, land disturbance, or timber harvesting shall be permitted within the Zone One riparian buffer shall not be regraded, filled, built upon or otherwise altered or disturbed:
(a)
Regulated activities permitted by the commonwealth, Army Corps of Engineers or other federal agency (i.e., permitted stream or wetland crossing);
(b)
Wildlife sanctuaries, nature preserves, forest preserves, fishing areas, and passive areas of public and private parklands;
(c)
Provision for stone-dust or unpaved trail 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; or
(h)
Research and monitoring devices, such as staff gages, water recording, water quality testing, cross vanes, weirs and related demonstration facilities.
(3)
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, provided that no more than 20% of a Zone Two riparian buffer on the lot that is affected shall be regraded, filled, built upon, or otherwise altered or disturbed:
(4)
The following uses and activities are prohibited within the riparian buffer (both Zones One and Two) except with approval by the Township (through conditional use or special exception, as applicable, as determined by the Township) and, if required, the Pennsylvania Department of Environmental Protection (e.g., disturbance for stream bank restoration to repair damage from flooding or erosion). Such uses and activities, listed below, shall also comply with the standards herein:
(b)
Soil disturbance by grading, stripping, or other practices.
(c)
Use of fertilizers, pesticides, herbicides, and/or other chemicals, except:
[1]
Where permitted by a valid conservation plan, forest management plan, or approved planting and maintenance plan [see § 162-1503E(7) below];
[2]
For selective herbicide application by a qualified professional to control noxious weeds and invasive species of plants in riparian buffers;
[3]
For the use or organic, slow-release fertilizers.
(d)
Housing, grazing or other maintenance of livestock, including horses, with the exception of such activity adjacent to a pond not connected to a water body.
(e)
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.
(f)
Road crossings (when perpendicular to the stream or buffer), bridges, culverts, utilities, and impoundments.
(g)
Provision for paved trail and related trail access when determined by the Township to result in minimum disturbance to existing trees and shrubs.
(h)
Stormwater conveyance structures and outfalls may be located in Zone Two only, upon receipt of a special exception or conditional use, as applicable.
(5)
The following land uses and or activities are designated as potential water pollution hazards and shall be set back from any watercourse or water body 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.
(6)
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 excepted in accordance with § 162-1503E, or any authorized use permitted in § 162-1503E(2) through (4).
(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 F, 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 § 162-1505E(3) and (4), 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 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 D below. For restoration adjacent to impaired water bodies, in addition to the planting requirements for Zone One, managed 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 (@ 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, and as a condition of approval of any final subdivision plan, final land development plan, or permit, 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.
F.
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."
G.
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, Army Corps of Engineers, or other federal agency (i.e., permitted stream or wetland crossing);
(b)
Provision for unpaved 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; or
(f)
Removal of hazardous material or septic system, junk material, or a diseased tree.
(2)
Wetland margin protection standards shall apply to lake and pond shorelines.
(3)
In addition, any Department of Environmental Protection's regulations under Chapter 105 concerning activities in wetlands margins shall be met.
§ 162-1504 Application of natural resource protection standards.
A.
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.
(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. |
B.
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.
C.
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.
D.
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.
A.
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.
B.
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.
C.
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.
D.
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:
(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.
(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.
E.
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]
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.