Schwenksville City Zoning Code
ARTICLE XVI
Natural Resource Protection Standards
§ 176-1600 Legislative intent.
The specific intent of the Natural Resource Protection Standards shall be to protect those areas having steep slopes, woodlands, streams, watercourses, wetlands, and ponds, from inappropriate development and excessive grading, while concurrently recognizing the relationship between existing development and unique topological features present in Schwenksville Borough. The following specific objectives are intended to be accomplished by the adoption of these standards:
A.
To combine with other zoning requirements certain restrictions for steep slope areas, woodlands, streams, watercourses, wetlands and ponds to promote the general health, safety and welfare of the residents of the Borough of Schwenksville.
B.
Improve surface water quality by reducing the amount of nutrients, sediment, organic matter, pesticides, and other harmful substances that reach watercourses, wetlands and water bodies by using scientifically-proven processes including filtration, deposition, absorption, adsorption, plant update.
C.
Accommodate development while protecting the natural character, resources such as woodlands or wildlife habitat and aesthetic value of the Borough.
D.
To protect individuals and adjacent landowners in the Borough and/or other municipalities from the possible harmful effects of inappropriate grading and development in natural resource areas.
E.
Regulate the land use, siting, and engineering of all development to be consistent with the intent and objectives of this ordinance and accepted conservation practices, and to work within the carrying capacity of existing natural resources.
F.
Conserve the natural features important to land or water resources such as headwater areas, groundwater recharge zones, floodway, floodplain, springs, streams, wetlands, woodlands, prime wildlife habitats and other features that provide recreational value or contain natural amenities that exist on developed and undeveloped land.
G.
Comply with floodplain, steep slopes, and other ordinances that regulate environmentally sensitive areas to minimize hazards to life, property, and riparian features.
H.
Recognize that natural features contribute to the welfare and quality of life of Borough residents.
I.
Conserve natural, scenic, and recreation areas within and adjacent to riparian areas for the community's benefit.
§ 176-1601 Applicability.
These Natural Resource Protection Standards, as defined and delineated in this Article, shall apply to all zoning districts of the Borough, and shall apply in addition to and concurrently with all other underlying zoning district and general requirements of this Chapter. Should there be any provision of this Article that conflicts with any underlying zoning district or general requirement of this Chapter, the more restrictive shall apply. When two (2) or more resources regulated by this Article overlap, the provisions of § 176-1605 shall apply.
§ 176-1602 Steep Slopes Conservation District.
A.
Applicability. The use or disturbance of land included within the Steep Slope Conservation District, as defined in § 176-1602.B below, shall only be done in strict conformance with this Article.
B.
Boundary Definition. The Steep Slope Conservation District is defined and established as those areas having slopes, whether natural or man-made, of 15% or greater. Steep slopes shall be further divided into the following categories when measured over three or more contour lines at two-foot intervals:
C.
Uses Permitted by Right. The following uses and no other shall be permitted as of right in the Steep Slopes Conservation District without a grading site plan as referenced in § 176-1602.D, provided that they do not include permanent structures, and are consistent with the requirements of the underlying zoning district and other applicable requirements. All other uses, buildings and development not included below which are proposed shall fully conform to the requirements of this Article.
1.
Passive parks and outdoor recreational uses, consistent with the goals or watershed or riparian corridor protection, including trails, unless earth moving is required.
2.
Wildlife sanctuary, woodland preserve, arboretum and passive recreation areas, including parks, but excluding enclosed structures.
3.
Cultivation and harvesting of crops, outdoor nursery or orchard in accordance with recognized soil conservation practices.
4.
Yard area of any permitted building (or land use), as long as the building itself is not within Steep Slopes Conservation District.
5.
Nonstructural accessory uses necessary for the operation and maintenance of the above permitted uses.
6.
Similar uses to the above which are in compliance with the intent of this article.
D.
Requirements for Grading Site Plan and Review.
1.
For all earth moving activities, including land developments, within the Steep Slope Conservation District, a Grading Site Plan based on a current on-site survey prepared by a Pennsylvania-licensed professional engineer or surveyor shall be required for review by the Borough Engineer. Such plan shall show, at a minimum, the following:
b.
Location of all water bodies, including but not limited to streams and wetlands, existing natural and topographic features.
c.
Location of all proposed and existing buildings and streets.
d.
Location of all existing vegetation, including meadow, forest, scrub lands broken down by those areas of vegetation which will be removed as well as vegetation to be preserved.
e.
A plan and iteration of specific methods which will be utilized to control soil erosion and sedimentation, soil loss and excessive stormwater runoff, both during and after construction.
f.
A statement and description of the stability of the soils on site and the appropriateness of the construction method proposed.
g.
A hydrology, drainage, and flooding analysis, to include a statement on the effect of the proposed development upon water bodies or wetlands in the vicinity of the project.
h.
A statement describing the underlying geology attesting to the stability of the site.
i.
Calculations of the area of proposed disturbance of each slope class on each proposed lot, as well as within any proposed road right-of-way.
j.
A plan of all the final grades proposed for the construction site and all access routes.
2.
Upon consultation with the Borough Engineer, the Zoning Officer may except man-made slopes from the provisions of this Article if the alteration, regrading, clearing or construction upon such slope can be accomplished without causing erosion of the slope and will not result in soil failure, stream siltation and contamination of surface waters and/or an increase in the total runoff into any watercourse or an increase in the point discharge levels or velocities at any given point of collection and discharge and will not be injurious to the health, safety and welfare of Borough residents. It shall be the burden of the applicant to demonstrate that the slopes were man-made and to establish the absence of impact in accordance with the criteria stated herein.
3.
Should any dispute arise as to the boundary of the Steep Slope Conservation District, the following procedure shall apply:
a.
The Borough Engineer shall make the initial determination. It shall be the duty of the applicant to present any documentation supporting their calculation of the boundary to the Borough Engineer.
b.
Any party aggrieved by the decision of the Borough Engineer as to the boundaries of the Steep Slope Conservation District, as defined above, may appeal to the Zoning Hearing Board as provided for in this Chapter. The applicant shall present all necessary data to enable the Zoning Hearing Board to make its determination, and the burden of proof shall be on the applicant.
4.
The Grading Site Plan shall be reviewed by the Borough Engineer. The Borough Engineer shall accept or reject the plan as submitted, or may require that specific conditions be complied with in order for the plan to meet approval. In evaluating the grading site plan for development within the Steep Slopes Conservation District, the criteria of § 176-1602.E shall apply.
5.
No building permit shall be issued and no grading or site clearing shall occur until a Grading Site Plan including all the items required of this Article has been reviewed and approved by the Borough. No vacant land shall be occupied or used, and no building hereafter erected, altered or used, and no steep slope areas shall be occupied until a certificate of compliance has been issued by the Zoning Officer. The Zoning Officer shall request the applicant to submit a certification by a registered professional engineer or land surveyor that the construction of said building and any necessary grading or filling will be accomplished in compliance with the provisions of this article. The Zoning Officer shall within 10 days after receipt of such certification from the applicant, issue a certification of compliance only if the building or premises and the proposed use thereof conform to all the requirements of the article.
E.
General Regulations.
1.
Siting and Minimizing Grading. In order to preserve the natural topographic features, geological features and vegetation, including large trees (6" dbh or greater), development shall:
2.
Disturbance Regulations.
a.
Percentage of Slope Disturbance. The following disturbance limits shall be the maximum area of each steep slope category that may be developed, regraded or stripped of vegetation in any development:
Steep Slope Category | Disturbance Limit |
|---|---|
Slopes at least 15% but less than 25% | 25% |
Slopes 25% or greater | 10% |
b.
Any earth-moving activity or land developments that requires a disturbance of more than one steep slope category shall provide calculations for each category and, based on the amount of each slope category on the tract, shall provide calculations for the maximum and proposed area to be disturbed.
c.
Any earth moving activity or land development that will result in a steep slope disturbance greater than the limits defined above, but less than 40% of all slopes 15% or greater, shall only be permitted by conditional use approval.
d.
Disturbance to areas shall be minimized, where the length or area of steep slopes on site and extending 200 feet into adjacent lands is extensive.
e.
The proposed development, any impervious surface and the resultant disturbance to the land and existing vegetative cover shall not cause excessive surface runoff and/or related environmental problems.
f.
Surface runoff water will not create unstable conditions, including erosion, and that appropriate stormwater management facilities will be constructed as necessary.
3.
Existing vegetation and landscaping. Measures shall be undertaken to minimize disturbance to and removal of natural vegetation at the site; vegetation shall be evaluated with particular regard to impacts on slope stability; transpiration and recharge of stormwater; existing drainage patterns; and the overall characteristics of the landscape. Special mitigation may be required, such as use of retaining walls to preserve existing vegetation. New landscaping should be in accordance with Chapter 147, Subdivision and Land Development, of the Borough Code.
4.
Grading.
a.
Grading or earthmoving on all steep slope areas shall not result in earth cuts or fills whose highest vertical dimensions exceed 10 feet, except where no reasonable alternatives exist for construction of public roads, drainage, and other public improvements; in which case, such vertical dimensions shall not exceed 20 feet. Finished slopes of all cuts and fills shall not exceed three to one, unless the applicant can demonstrate that steeper slopes can be stabilized and maintained adequately.
b.
Grading outside the building footprint and driveway area shall be minimized.
c.
All cut and fill slopes shall be landscaped and shall be stabilized to control erosion. The grading and excavation proposed in connection with the development shall not result in landslides, flooding or erosion.
d.
All excess excavated material shall be removed or otherwise placed so as to become an integral part of the site development. Man-made slopes shall conform to patterns of the natural terrain.
e.
The surface materials of retaining walls shall be of materials which are either similar to or compatible with those of the adjacent main buildings or which blend in with the natural terrain.
f.
Any displacement of soil shall be for causes consistent with the intent of this article and shall be executed in a manner that will not cause erosion or other unstable conditions.
5.
Parking, Driveways and Circulation. Proposed roads, drives and parking areas are designed such that land clearing and/or grading will not cause accelerated erosion. Both vertical and horizontal alignment of such facilities shall be so designed that hazardous conditions are not created.
F.
Conditional use application requirements. A conditional use application for steep slope disturbance limits that exceed the limits defined in § 176-1602.A but are less than 40% shall provide the following documentation and information:
1.
A plan by a registered professional engineer or surveyor which accurately locates the proposed use with respect to the Steep Slope Conservation District boundaries and existing development within 200 feet of the proposed use, together with all pertinent information describing the parcel, and a topographical survey with contour elevations at no greater than two-foot intervals.
2.
A plan of proposed development or use of the site, conforming to the preliminary plan requirements of the Subdivision and Land Development Ordinance, with contours shown at two-foot intervals, throughout the steep slope areas proposed for development or use. Contours shall be accurately drawn from on-site survey or aerial photographic sources.
3.
Proposed modification to the existing topography and vegetative cover, as well as the means of accommodating stormwater runoff.
4.
Documentation of any additional engineering and/or conservation, techniques designed to alleviate environmental problems created by the proposed activities.
5.
Specifications of building materials and construction, including filling, grading, materials storage, water supply, and sewage disposal facilities.
6.
An erosion and sediment control plan in compliance with the erosion and sediment control practices set forth in the Erosion and Sediment Pollution Control Program Manual of the Department of Environmental Protection, 1990, and any subsequent amendments thereto.
7.
The location of all trees having a diameter of eight inches or more dbh.
G.
Conditional use standards and criteria. In considering a conditional use application Borough Council shall consider the following:
2.
The general regulations set forth in § 176-1602.B of this article.
3.
Adverse effects to abutting, uphill and downhill properties.
4.
Extent and severity of steep slopes on the site.
5.
Extent and proposed disturbance of existing vegetative cover on the site.
6.
Soil types and underlying geology of the site.
7.
Length or extent of steep slopes both on the site in question and on adjacent lands within 200 feet of the site.
8.
Evidence that:
a.
The proposed development, any impervious surface and the resultant disturbance to the land and existing vegetative cover will not cause excessive surface runoff and/or related environmental problems.
b.
Proposed buildings or structures are of sound engineering design and that footings are designed to extend to stable soil and/or bedrock.
c.
Proposed roads, drives and parking areas are designed such that land clearing and/or grading will not cause accelerated erosion. Both vertical and horizontal alignment of such facilities shall be so designed that hazardous conditions are not created.
d.
Displacement of soil shall be for causes consistent with the intent of this article and shall be executed in a manner that will not cause erosion or other unstable conditions.
e.
Surface runoff water will not create unstable conditions, including erosion, and that appropriate stormwater management facilities will be constructed as necessary.
H.
Existing uses. Following the adoption of this Article, any use or structure which is situated within the boundaries of the Steep Slope Conservation District and which does not conform to the permitted uses specified by § 176-1602.C.
I.
Borough liability. The granting of a use and occupancy permit, a zoning permit or approval of a subdivision or land development plan on or near the Steep Slope Conservation District shall not constitute a representation, guaranty, or warranty of any kind by the Borough of Schwenksville, or by any official or employee thereof, of the practicability or safety of the proposed use and shall create no liability upon Schwenksville Borough, its officials or employees. The degree of erosion and sediment control protection intended to be provided by this article is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. This article does not imply that areas outside the Steep Slope Conservation District boundaries or land uses permitted within said district will always be completely free from the adverse effects of erosion and sedimentation.
§ 176-1603 Woodlands.
In the R-1 and R-2 Districts, not more than 20% of such areas shall be altered, regraded, cleared or built upon. In all other zoning districts, no more than 50% of such areas shall be altered. Any permitted clearing or alteration of woodland area shall be undertaken to maintain, where possible, a continuous canopy of trees where a continuous canopy and/or hedgerow exists.
§ 176-1604 Riparian Corridor Conservation District.
A.
Applicability.
1.
The Riparian Corridor Conservation District is an overlay district that applies to land adjacent to streams, including any adjacent wetlands and/or water bodies draining into the identified stream.
2.
The Riparian Corridor Conservation District regulations shall apply when:
3.
Lots containing legally existing structures shall not be subject to the requirements of this ordinance unless and until they are the subject of either 2.a or 2.b listed above. Existing nonconforming uses and structures shall be permitted to expand to the extent permitted by this Chapter.
B.
Riparian Corridor Boundary.
1.
Application. A riparian corridor setback, measured 75 feet from the defined edge of the stream at bank full flow, measured perpendicular to the edge of the stream, shall be maintained for all structures along all watercourses. A riparian corridor setback shall be established along all streams or watercourses, including intermittent watercourses.
2.
Adjustments.
a.
Small Lots. All properties measuring less than 1 acre shall be permitted to reduce the required setback to 35 feet from the defined edge of the stream at bank full flow.
b.
Existing Structures. If any structure legally existing at the time of the passing of this Article lies within 75 feet of the defined edge of a stream, in whole or in part, the required riparian corridor setback shall not be applicable, but shall apply to the rest of the lot where an existing structure does not intervene.
C.
Uses Permitted. Such areas within the Riparian Corridor setback shall contain no structures and shall not be altered, regraded, developed, filled, piped, diverted or built upon, except as provided below.
1.
Vegetation Clearance. Such areas within the Riparian Corridor setback shall not be altered, regraded, developed, built upon or cleared of existing trees or natural vegetation, except for the removal of dead, diseased or hazardous trees that jeopardize public safety or as part of a reforestation project that is approved by the Borough Council.
2.
Corridor Crossings. Roads and driveways may cross streams, watercourses and wetlands where design approval is obtained from the Borough and the Pennsylvania Department of Environmental Protection and where no other reasonable access is available. Crossings shall be designed to cross the riparian corridor at direct right angles (+/- 10 degrees) and crossings shall be mitigated by increasing the width of the corridor setback as replacement for the area lost due to the encroachment, so that the total corridor area (land within the setback area) for each applicable side of the stream or water body is equal to that required by § 176-1604.B.
D.
In the event that a wetlands delineation validated by the U.S. Army Corps of Engineers is shown to vary from the wetlands boundary derived from this chapter, the Corps' delineation will govern. The required Riparian Corridor setback will then be measured from the Corps' delineated boundary.
E.
The Borough shall have the right to inspect lands within or adjacent to an identified Riparian Corridor Conservation District when:
1.
A plan is submitted for Land Development or Subdivision of Land.
2.
A Building Permit application is submitted for construction of a new structure and/or an expansion of an existing structure within 75 feet of a mapped stream.
3.
An unauthorized disturbance of the Riparian Corridor Conservation District is brought to the attention of the Borough.