Upper Pottsgrove Township
City Zoning Code
City Zoning Code
ARTICLE V
SS Steep Slope Conservation District
§ 350-35 Declaration of legislative intent.
In expansion of the statement of community development objectives found in Article I, § 350-5, of this chapter, the specific intent of the SS Steep Slope Conservation District shall be to conserve and protect those areas having steep slopes, as defined herein, from inappropriate development and excessive grading, as well as to permit and encourage the use of said areas for open space purposes, so as to constitute a harmonious aspect of the continuing physical development of Upper Pottsgrove Township. In implementing these principles and the general purposes of the Comprehensive Plan and this chapter, the following specific objectives are intended to be accomplished by the adoption of the Steep Slope Conservation District:
A.
To combine with other zoning requirements, as an overlay, certain restrictions for steep slope areas to promote the general health, safety, and welfare of the residents of Upper Pottsgrove Township.
B.
To prevent inappropriate development of steep slope areas in order to avoid potential dangers for human usage caused by erosion, stream siltation, soil failure leading to structural collapse or damage and/or unsanitary conditions and associated hazards.
C.
To minimize danger to public health and safety by promoting safe and sanitary drainage.
D.
To permit only those uses that are compatible with development of steep slope areas in order to avoid accelerated erosion, soil failure, accelerated seepage or other conditions which may create a danger to life and/or property.
E.
To permit only those uses in steep slope areas that are compatible with the preservation of existing natural features, including vegetative cover, by restricting the grading of steep slope areas.
F.
To promote the ecological balance among those natural system elements (such as wildlife, vegetation and aquatic life) that could be adversely affected by inappropriate development of steep slope areas.
G.
To prevent development that would cause excessive erosion and a resultant reduction in the water-carrying capacity of the watercourses which flow through or around the Township with the consequences of increased flood crests and flood hazards within the Township and to both upriver and downriver municipalities.
H.
To protect individuals and adjacent landowners in the Township and/or other municipalities from the possible harmful effect of inappropriate grading and development on steep slope areas.
I.
To protect those individuals who choose, despite the cited dangers, to develop or occupy land with steep slopes.
J.
To protect the entire Township from inappropriate development of steep slope areas, which could have an effect upon subsequent expenditures for public works and disaster relief and thus adversely affect the economic well-being of the Township.
K.
To promote the provision of safe and reliable accessways, parking areas and utility systems serving development on or around steep slope areas, where more sensitive grading and siting is essential.
L.
To assist in the implementation of pertinent state laws concerning erosion and sediment control practices, specifically Chapter 102, Erosion Control, of the Clean Streams Law, P.L. 1987, 35 P.S. § 691.1 et seq., and any subsequent amendments thereto, as administered by the Pennsylvania Department of Environmental Protection and the Montgomery County Conservation District.
§ 350-36 Definition and establishment of district.
[Amended 8-14-2000 by Ord. No. 310]
The boundaries of the SS Steep Slope Conservation District are defined and established as all those areas of the Township having a slope of 15% or more, referred to as "steep slopes" or "steep slope areas."
A.
Any subdivision or land development plan shall show steep slope areas in accordance with Chapter 310, Subdivision and Land Development.
B.
The Township shall exempt man-made slopes from the provisions herein, if it is determined that alteration, regrading, clearing, construction upon such slopes will not be injurious to the health, safety and welfare of the community. It shall be the burden of the applicant to demonstrate that the steep slopes were man-made.
C.
The Township Board of Commissioners may require applicants to revise the boundaries of the Steep Slope Conservation District based on the accuracy of the applicant's plans as determined by the Township Engineer.
D.
Area of steep slopes shall be plotted on the Zoning Map, if feasible, to indicate the approximate boundaries of the SS Steep Slope Conservation District.
E.
Changes in the boundaries of the SS Steep Slope Conservation District shall be plotted, if feasible, on the Zoning Map as amendments thereto.
§ 350-37 District overlay concept.
The Steep Slope Conservation District shall be deemed to be an overlay on any zoning district(s) now or hereafter enacted to regulate the use of land in Upper Pottsgrove Township.
A.
The Steep Slope Conservation District shall have no effect on the permitted uses in the underlying zoning district, except where said uses intended to be located within the boundaries of the Steep Slope Conservation District, as defined herein, are in conflict with the permitted uses set forth in this article.
B.
In those areas of Upper Pottsgrove Township where the Steep Slope Conservation District applies, the requirements of the Steep Slope Conservation District shall supersede the requirements of the underlying zoning district(s).
C.
Should the Steep Slope Conservation District boundaries be revised as a result of legislative or administrative actions or judicial decision, the zoning requirements applicable to the area in question shall revert to the requirements of the underlying zoning district(s) without consideration of this article.
D.
Should the zoning classifications(s) of any parcel or any part thereof on which the Steep Slope Conservation District is an overlay be changed, as a result of legislative or administrative actions or judicial decision, such change(s) in classification shall have no effect on the boundaries of the Steep Slope Conservation District, unless an amendment to said boundaries was included as part of the proceedings from which the subsequent change(s) originated.
§ 350-38 Boundary interpretation and appeal procedure.
An initial determination as to whether or not the Steep Slope Conservation District applies to a given parcel shall be made by the Zoning Officer.
A.
Any party aggrieved by the decision of the Zoning Officer, either because of an interpretation of the exact location of the Steep Slope Conservation District boundary or because the criteria used in delineating the boundary, as set forth in § 350-36 of this article, is or has become incorrect because of changes due to natural or other causes, may appeal said decision to the Zoning Hearing Board as provided in Article XIX of this chapter.
B.
The burden of proving the incorrectness of the Zoning Officer's decision shall be on the appellant, except as set forth in § 350-41 of this chapter.
§ 350-39 Land use and development regulations.
[Amended 11-26-1990 by Ord. No. 218]
In the SS Steep Conservation District the following land use and development regulations shall apply:
A.
On those lands having a slope of less than 15%, as defined herein, the Steep Slope Conservation District shall not apply. However, the use and development of land in such areas shall still be governed by the standards of the underlying zoning district(s) and the minimum acreage requirements of Chapter 102, Erosion Control, of the Clean Streams Law, P.L. 1987, 35 P.S. § 691.1 et seq., and any subsequent amendments thereto.
B.
On those lands having a slope of 15% or more, as defined herein, the Steep Slope Conservation District shall apply and only those uses in §§ 350-40 and 350-41 of this article shall be permitted. Furthermore, all applications for development on said areas as permitted in § 350-41 of this article shall be accompanied by an erosion and sediment control plan, notwithstanding the minimum acreage requirements of Chapter 102, Erosion Control, of the Clean Streams Law, P.L. 1987, 35 P.S. § 691.1 et seq., and any subsequent amendments thereto. The plan shall comply with the erosion and sediment control practices set forth in the Soil Erosion and Sediment Control Manual of the Pennsylvania Department of Environmental Protection, latest revision, as well as other recognized conservation practices.
C.
In evaluating the proposed development plan, the erosion and sediment control plan and any additional information submitted by the applicant in support of the application, the Township Planning Commission, Township Engineer and the Zoning Hearing Board (where appropriate) shall consider the following factors:
(1)
The percent of slope on the site.
(2)
The extent and proposed disturbance of the existing vegetative cover on the site.
(3)
The soils types and underlying geology of the site.
(4)
The length or extent of the slope both on the site in question and on adjacent lands within 200 feet of the site.
(5)
Evidence that the proposed development, any impervious ground cover and the resultant disturbance to the land and existing vegetative cover will not cause excessive runoff and/or related environmental problems.
§ 350-40 Conservation uses permitted throughout district.
The following uses shall be permitted in the Steep Slope Conservation District without the submission of an erosion and sediment control plan:
A.
Wildlife sanctuary, woodland preserve, arboretum, and passive recreation areas, including parks but excluding enclosed structures.
B.
Game farm or hunting preserve for the protection and propagation of wildlife but excluding enclosed structures.
C.
Forestry and reforestation in accordance with recognized soil conservation practices.
D.
Pasture and controlled grazing of animals in accordance with recognized soil conservation practices.
E.
Recreational uses, such as parks with such activities as hiking, bicycle and bridle trails, camps, picnic areas, but excluding enclosed structures.
F.
Outdoor plant nursery or orchard in accordance with recognized soil conservation practices.
G.
Cultivation and harvesting of crops in accordance with recognized soil conservation practices.
H.
Nonstructural accessory uses (except swimming pools) necessary for the operation and maintenance of the above-permitted uses.
I.
Similar uses to the above which are in compliance with the intent of this article.
§ 350-41 Uses permitted by special exception.
The following uses shall be permitted by a special exception from the Zoning Hearing Board, upon the submission of an erosion and sediment control plan and supporting evidence as set forth in § 350-39C of this article:
A.
Front, side and rear yards and required lot area in the underlying zoning district(s) provided such yards are not to be used for an on-site sewage disposal system, unless said system meets the applicable requirement of Subsection E of this section.
B.
Sealed public water supply wells with the approval of the Township Engineer and the Pennsylvania Department of Environmental Protection.
C.
Sanitary or storm sewers and impoundment basins with the approval of the Township Engineer and the Pennsylvania Department of Environmental Protection.
D.
Underground utility transmission lines.
E.
On-site sewage disposal systems, when constructed in compliance with the Act 208 amendments to Act 537, the Pennsylvania Sewage Facilities Act, 35 P.S. § 750.1 et seq.
F.
Extraction uses, borrow pits and sanitary landfills when operated in accordance with recognized conservation practices.
G.
Roads, access driveways and parking facilities, but only when no viable alternative alignment or location is feasible, upon the determination of the Township Engineer.
H.
Those principal and accessory uses, except swimming pools, permitted in the underlying zoning districts, but only when no viable alternative location is feasible, upon the determination of the Township Engineer.
§ 350-42 Prohibited uses.
The following uses shall be prohibited within the boundaries of the Steep Slope Conservation District:
A.
Freestanding structures, buildings, and retaining walls, unless no alternative alignment or location is feasible, as set forth in § 350-41H of this article.
B.
Roads, access driveways and parking facilities, unless no alternative alignment or location is available, as set forth in § 350-41G.
C.
The filling or removal of topsoil except when related to an activity approved by special exception, as set forth in § 350-41 of this article.
D.
Swimming pools.
E.
Dumps, junkyards, or other outdoor storage of vehicles and materials.
§ 350-43 Application procedure.
For any use of land in the Steep Slope Conservation District, excepting uses existing as of the date of the enactment of this chapter, an application for a steep slope use permit shall be filed with the Zoning Officer who shall make an initial determination of the application.
A.
For a use other than those permitted in § 350-40, an application seeking approval by special exception shall be forwarded to the Zoning Hearing Board along with required studies or information and the findings of the Zoning Officer.
B.
Any application concerning a use permitted by special exception in § 350-41 of this article shall be accompanied by the following information:
(1)
A plan certified by a registered professional engineer 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 such as the nature of the proposal, legal description of the property, topographical elevations in two-foot intervals; and sediment and erosion control measures required by the provisions of this article.
(2)
The following additional information as deemed necessary by either the Zoning Officer or the Zoning Hearing Board for the evaluation of the impact of the proposed use:
(a)
Plan surface view showing elevations or contours of the ground; pertinent structure, grading or fill elevations; size, location and spatial arrangement of all proposed and existing structures on the site; location and elevations of streets, water supply, sanitary facilities; soil types; existing vegetation; and other pertinent information.
(b)
Topographic surveys showing the contours of the property in two-foot intervals, as well as typical tract cross-sections at a scale of one inch equals 100 feet or greater as deemed appropriate by the Township Engineer.
(c)
Specifications for building construction and materials, including filling, grading, storage of materials, water supply, and sanitary facilities.
(d)
Proposed modifications to the existing topography and vegetative cover, as well as the means of accommodating stormwater runoff and preventing erosion.
(e)
Any and all additional engineering and conservation techniques designed to alleviate environmental problems created by the proposed development activities.
§ 350-44 Procedures for consideration of special exception.
[Amended 11-26-1990 by Ord. No. 218]
All applications for approval by special exception shall be considered in accordance with the following procedures:
A.
The Zoning Hearing Board shall request the review and recommendations by the Soil Conservation Service, U.S. Department of Agriculture, and the office of the Montgomery County Conservation District, at least 30 days prior to the public hearing.
B.
The Zoning Hearing Board shall request, at least 30 days prior to the public hearing, the review and recommendations of technical agencies such as the Montgomery County Planning Commission, appropriate watershed associations, or other planning agencies to assist in determining the environmental impact of the proposed use(s).
C.
In rendering a decision, the Zoning Hearing Board may impose special measures or conditions as deemed reasonably necessary and appropriate for the proposed uses to conform with the intent of this article.
§ 350-45 Standards for approval of uses by special exception.
In considering a use as a special exception, the Zoning Hearing Board shall consider the following:
A.
The relationship of the proposed use to the specific objectives set forth in § 350-35 of this article.
B.
The standards set forth in § 350-39C of this article.
C.
Abutting property shall not be adversely affected by possible runoff or erosion from the proposed use.
D.
The general welfare, safety, and public interest of Upper Pottsgrove Township or adjacent municipalities shall not be adversely affected.
E.
Any structures permitted by special exception shall provide evidence that:
(1)
Proposed buildings (or structures) are of sound engineering design and that footings are designed to extend to stable soil and/or bedrock.
(2)
Proposed vehicular facilities (including roads, drives, and/or parking areas) shall be so designed that land clearing and/or grading will not cause accelerated erosion. Both vertical and horizontal alignments of vehicular facilities shall be so designed that hazardous circulation conditions will not be created.
(3)
Proposed on-lot sewage disposal facilities shall be properly designed and installed in conformance with all pertinent health regulations.
(4)
Proposed nonagricultural displacement of soil shall be for causes consistent with the intent of this chapter and shall be executed in a manner that will not cause excessive erosion or other unstable conditions.
(5)
Surface runoff of water will not create unstable conditions including erosion, and appropriate stormwater drainage facilities or systems will be constructed as deemed necessary.
§ 350-46 Uses and/or structures rendered nonconforming.
[Amended 11-26-1990 by Ord. No. 218]
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 § 350-40 of this article shall become a nonconforming use or structure, regardless of its conformance to the district in which it is located without consideration of this article. The expansion or continuance of said nonconforming use or structure shall be governed by the requirements of Article XVIII of this chapter. However, the Zoning Hearing Board shall also ensure that the standards contained in § 350-45 of this article are applied to the expansion of said nonconforming use or structure.
§ 350-47 Certificate of compliance.
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 were accomplished in compliance with the provisions of this chapter. 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 with all requirements of this chapter.
§ 350-48 Municipal liability.
The granting of 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, guarantee or warranty of any kind by the Township of Upper Pottsgrove, or by any official or employee thereof, of the practicability or safety of the proposed use and shall create no liability upon Upper Pottsgrove Township, its officials, or employees. The degree of erosion and sediment control protection intended to be provided by this chapter is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. This chapter does not imply that areas outside the Steep Slope Conservation District boundaries or land uses permitted within said district will always be totally free from the adverse effects of erosion.
