Upper Moreland Township
City Zoning Code
City Zoning Code
ARTICLE XXI
Steep Slope Conservation Overlay District
§ 350-129 Intent.
A.
The provisions of this article are intended:
(1)
To minimize surface water runoff and soil erosion that may be caused by inappropriate construction and development of steep slope areas.
(2)
To reduce sedimentation, degradation of water quality, and other damage to streams and wetlands that result from construction, erosion, and stormwater runoff on steep slopes.
(3)
To protect residents from property damage and personal injury due to surface water runoff, soil erosion and landslides attributable to inappropriate construction and development of steep slope areas, and to promote safe drainage, conservation and construction practices.
(4)
To protect the Township from excessive expenditures for public works to alleviate the effects of surface water runoff and soil erosion that may be caused by inappropriate construction and development of steep slope areas.
§ 350-130 Definitions.
As used in this article, the following terms shall have the following meanings:
The wearing away of the ground surface as a result of the movement of wind, water, ice, and/or land disturbance activities.
The process by which sediment resulting from accelerated erosion has been or is being transported off the site of the land-disturbing activity or into a watercourse or wetland.
Any activity which removes the vegetative cover from the land surface.
The degree of deviation of a surface from the horizontal, usually expressed in percent or degrees; rise over run.
Those areas of land where the grade is 8% or greater. Steep slopes are divided into three categories:
Grasses, shrubs, trees, and other vegetation which hold and stabilize soils.
§ 350-131 Overlay concept.
A.
General. The requirements of this article shall be deemed to be an overlay on all zoning districts now or hereafter enacted to regulate the use of land in the Township and shall apply to all areas, lots or tracts of land having any steep slope as delineated on a plan under the provisions of the Township's Land Development and Subdivision Regulations, Chapter 300 of the Code of Upper Moreland Township, or on any plan required under the provisions of the Township's building construction code, Chapter 115, Article I, of the Code of Upper Moreland Township.
(1)
For a lot or portion thereof lying within the Steep Slope Conservation Overlay District, the regulations of the overlay district shall take precedence over the regulations of the underlying zoning district.
(2)
Should the underlying zoning of any lot or any part thereof which is located in the Steep Slope Conservation Overlay District be changed through any legislative or judicial action, such change shall have no effect on the overlying Steep Slope Conservation Overlay District unless such change was included as part of the original application.
B.
Steep slope areas shall be preserved in their natural 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. In areas of steep slopes (not including man-made steep slopes), the following standard shall apply:
(1)
Moderately steep slopes. No more than 40% of such areas shall be altered, regraded, cleared or built upon.
(2)
Very steep slopes. No more than 30% of such areas shall be altered, regraded, cleared or built upon.
(3)
Prohibitively steep slopes. No more than 15% of such areas shall be altered, regraded, cleared or built upon.
§ 350-132 Lot requirements.
The provisions of this article shall have no effect on the permitted uses in the underlying zoning district; provided, however, that the following shall apply:
A.
Any lot, which if created by subdivision in accordance with the permitted minimum lot area of the underlying zoning district would result in the creation of a lot having an average slope of at least 15% but not more than 20%, shall have the minimum lot area increased by a factor of 1.3 and the impervious surface coverage of such lot shall not be greater than 30% of the permitted minimum lot area of the underlying zoning district.
B.
Any lot, which if created by subdivision in accordance with the permitted minimum lot area of the underlying zoning district would result in the creation of a lot having an average slope of at least 20% but not more than 25%, shall have the minimum lot area increased by a factor of 1.5 and the impervious surface coverage of such lot shall not be greater than 20% of the permitted minimum lot area of the underlying zoning district.
C.
Any lot, which if created by subdivision in accordance with the permitted minimum lot area of the underlying zoning district would result in the creation of a lot having an average slope of at least 25%, shall have the minimum lot area increased by a factor of two and the impervious surface coverage of such lot shall not be greater than 10% of the permitted minimum lot area of the underlying zoning district.
§ 350-133 Prohibited uses.
The following uses shall be prohibited within the boundaries of the Steep Slope Conservation Overlay District:
A.
The filling or removal of topsoil except when done in conformity with an approved plan under this article.
B.
Any use which shall result in the creation of steep slopes of 25% or greater as a result of excavation, grading or other development, except a minor area not exceeding 500 square feet and when done in conformity with an approved plan under this article.
C.
Moderately steep slopes. On at least 76% of the moderately steep slope area, development, regrading, or striping of vegetation shall be prohibited.
D.
Prohibitively steep slopes. On at least 90% of the prohibitively steep slope area, development, regrading, or striping of vegetation shall be prohibited unless the disturbance is for roadway crossing or utility construction, and unless it can be demonstrated that the roadway or utility improvements are necessary in the sloped area. In no case shall more than 15% of the total prohibitively steep slope be developed, regraded, or disturbed.
§ 350-134 Application procedure.
A.
Any application for construction, grading, development or use of any land within, or a portion of which is within, the Steep Slope Conservation Overlay District shall include the following to be submitted to the Township for review by the Township Engineer:
(1)
A plan of the property drawn to a scale of at least one inch equals 50 feet, sealed by a registered professional engineer, depicting the following:
(a)
The location, dimensions, and elevations of the property.
(b)
Location of all existing and proposed uses, buildings, and streets on the property.
(c)
Existing and proposed contours at two-foot intervals.
(d)
The location and boundaries of steep slopes, as defined in § 350-130 above, and identified on the plan as 8% through 15%, greater than 15% through 25%, and greater than 25%, based, at minimum, on ten-foot contour intervals.
(e)
Typical cross sections and elevations of the property and proposed structures at intervals sufficient to depict the construction and grading required to be performed on the property.
(2)
A report on the area within the Steep Slope Conservation Overlay District, including therewith photographs of the existing conditions, describing the slope, soil and vegetation characteristics of the property within the district. Such report shall also describe the proposed type and methods of proposed building construction, the type of excavation and other grading proposed, the type of foundations proposed, proposed methods of erosion and sediment control, and proposed landscaping.
(3)
The site plan submitted shall be reviewed by the Township Engineer. The Township 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 site plan for impacts where development encroaches into the Steep Slope Conservation Overlay District, the following criteria shall apply. No building permit shall be issued and no grading or site clearing shall occur until a site plan including all of the items below has been reviewed and approved by the Township:
(a)
Minimized disturbance of especially sensitive features, including the most steeply sloping portions of the site.
(b)
Disturbance to areas shall be minimized, where the length or area of steep slopes on the site and extending 200 feet into adjacent lands is extensive.
(c)
Disturbance shall not cause runoff and/or related problems off the site and onto adjacent properties.
(d)
Disturbance shall be undertaken in such a way as to minimize adverse effects on visual qualities of the site to the maximum extent feasible, including hilltops, ridgelines, rock outcroppings.
(e)
When grading within 10 feet of the property line, the applicant shall submit engineered prints for the proposed change.
(f)
Measures shall be undertaken to minimize disturbance to and removal of natural vegetation at the site; vegetation removal 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.
(g)
Road construction, if it is to be permitted on steeply sloping terrain, shall be required to follow the natural topography to the extent feasible.
B.
In addition to submitting the foregoing to the Township for review by the Township Engineer, the same information may be required to be submitted for review and comment by the Montgomery County Soil Conservation District of the Department of Environmental Protection of the Commonwealth of Pennsylvania, the Montgomery County Planning Commission and the Advisory Planning Agency of the Township.
C.
Effect of approval. Neither the approval of any proposed subdivision or land development nor the grant of any permit shall constitute or be deemed to constitute a representation, warranty or guaranty of any kind by the Township or any of its officers, employees, agents, agencies or members thereof of the safety or practicality of the proposed subdivision or use, and such approval shall create no liability on the part of the Township or its officers, employees, agents, agencies or members thereof.