West Conshohocken City Zoning Code
ARTICLE XIII
SS Steep Slope Conservation Overlay District
§ 113-70 Legislative intent.
It is the intent of this article to benefit the public health, safety, and welfare by conserving and protecting areas of steep slopes from the harmful consequences of excessive clearing of vegetation, excessive grading, and/or inappropriate development, in conformance with the goals of the Borough of West Conshohocken, and the following objectives:
A.
Guard against property damage and personal injury, and minimize the potential for erosion, soil failure, stream siltation, and contamination of surface waters caused by the misuse of steep slope areas.
B.
Conserve existing woodlands for air and water quality benefits, to provide habitat for wildlife, and to maintain the ecological balance among the natural systems on steep slope areas.
C.
Permit land uses by right that are compatible with protection of steep slope areas, and encourage the use of steep slope areas for open space and conservation uses.
D.
Require development to avoid steep slope areas wherever possible, and require land use, clearing, grading, and construction to satisfy performance standards that guard against potential harmful consequences.
E.
Regulate expansion of land use or development that existed on steep slope areas prior to enactment of these requirements.
F.
Protect adjoining properties from harmful consequences of development permitted under relief from the provisions of these requirements.
§ 113-71 Definition and establishment.
The Steep Slope Conservation Overlay District is established as all those areas of the Borough with a slope of 15% or more, referred to as "steep slopes" or "steep slope areas." This district may be referred to as the "Steep Slope District."
A.
Steep Slope Map.
(1)
Areas of steep slopes shall be plotted on a map known as the "Steep Slope Conservation Overlay District Map of the Borough of West Conshohocken (Steep Slope Map)," as determined from United States Geological Survey (U.S.G.S.) Maps to indicate the approximate boundaries of the Steep Slope District.
(2)
The boundaries shown on the Steep Slope Map may be supplemented or modified by boundaries determined by examination of one or more of the following sources whenever a subdivision or land development plan is submitted for review by the Borough in accordance with the provisions set forth herein:
(3)
Changes in the boundaries of the Steep Slope District shall be plotted as amendments to the Steep Slope Map when feasible.
B.
Boundary delineation, interpretation, and appeals.
(1)
Applicants shall show the boundaries of the Steep Slope District on all subdivision and land development plans, based on one or more of the sources listed in § 113-71A(2), herein. Steep slopes shall be further divided into the following two categories:
(2)
The Borough Engineer shall decide whether or not the Steep Slope District has been shown with sufficient accuracy on the applicant's plans. Based on the Borough Engineer's advice, the Borough Zoning Office may require applicants to revise the boundaries shown on the plans.
(3)
Any party aggrieved by the decision of the Borough Zoning Office may appeal the decision to the Zoning Hearing Board.
(4)
The burden of proving the correct boundary shall be on the appellant, supported by engineering and/or surveying date or mapping, testimony of a soil scientist, or other acceptable evidence.
§ 113-72 Overlay concept.
The Steep Slope District shall be an overlay on all zoning districts and shall function in accordance with the following:
A.
For any lot or portion thereof lying within the Steep Slope District, the regulations of the overlay district shall take precedence over the regulations of the underlying district.
B.
Should the underlying zoning of any lot or any part thereof which is located in the Steep Slope District be changed through any legislative or judicial action, such change shall have no effect on the overlying Steep Slope District unless such change was included as part of the original application.
C.
Should the overlaying Steep Slope District be declared inappropriate to any lot through any legislative or judicial actions, such change shall have no effect on the underlying Zoning District.
D.
All uses, activities and development occurring within any Steep Slope District shall be undertaken only in strict compliance with the provisions of this article, with all federal and state laws, and with all other applicable Borough codes and ordinances.
§ 113-73 Uses permitted by right.
The following open space and conservation uses are permitted as by right, provided that they shall not include any structures, roads, driveways, parking areas, construction, or other development, or grading, or clearing of vegetation.
A.
Wildlife sanctuary, woodland preserve, arboretum, and passive park and recreation areas.
B.
Game farm or hunting preserve.
C.
Forestry and reforestation in accordance with recognized natural resource and soil conservation practices.
D.
Pasture and grazing land in accordance with recognized natural resource and soil conservation practices.
E.
Outdoor plant nursery or orchard in accordance with recognized natural resource and soil conservation practices.
F.
Cultivation and harvesting of crops in accordance with recognized natural resources and soil conservation practices.
H.
Nonstructural accessory uses necessary to the operation and maintenance of the above permitted uses.
§ 113-74 Uses permitted by conditional use.
The following uses shall be permitted on steep slopes of less than 25% when authorized by the Borough Council as conditional uses, in accordance with the conditional use standards and criteria in § 113-77 herein:
A.
Structures, roads, driveways, parking areas, construction, or other development.
B.
Clearing of vegetation, or grading, including the addition of fill composed of earth, rock, or inorganic construction debris.
C.
Sealed public water supply wells with approval of the Pennsylvania Department of Environmental Protection.
D.
Sanitary or storm sewers and stormwater detention basins with the approval of the Borough Engineer and the Department of Environmental Protection.
E.
On-site sewage disposal systems, when approved by the Department of Environmental Protection.
G.
Extractive uses and borrow pits in accordance with recognized conservation practices and regulations of the state Department of Environmental Protection.
§ 113-75 Prohibited uses.
The following uses are specifically prohibited:
§ 113-76 Conditional use application.
For any use authorized by conditional use in the Steep Slope Conservation District, excepting uses existing as of the date of enactment of this article, an application to the Borough Council shall be filed with the Borough in accordance with the following:
A.
For a use other than those permitted as by right, as stated in § 113-74 herein, an application seeking approval by conditional use shall be forwarded to the Borough along with any required studies, documentation, or information as set forth herein.
B.
A plan by a registered professional engineer or surveyor which accurately locates the proposed use with respect to the Steep Slope District boundaries and existing development within 200 feet of the proposed use, together with all pertinent information describing the proposal, and a topographical survey with contour elevations at no greater than five-foot intervals.
C.
The applicant shall provide a suitable erosion and sediment control plan and supporting evidence for the site.
D.
A plan of proposed development or use of the site, conforming to the preliminary plan requirements of the Subdivision and Land Development Ordinance,[1] with contours shown at two-foot intervals, where feasible, throughout the steep slope areas proposed for development or use. Contours shall be accurately drawn from on-site survey or aerial photographic sources.
E.
Proposed modifications to the existing topography and vegetative cover, as well as the means of accommodating stormwater runoff.
F.
Documentation of any additional engineering and/or conservation techniques designed to alleviate environmental problems created by the proposed activities, in compliance with the Borough's sedimentation and erosion control regulations.
G.
The following as deemed necessary by the Borough Council:
(1)
Typical tract cross sections at a scale of one inch equals 100 feet, or larger, and/or typical tract cross sections at a vertical and horizontal scale deemed appropriate by the Borough Engineer.
(2)
Specifications of building materials and construction including filling, grading, materials storage, water supply, and sewage disposal facilities.
§ 113-77 Conditional use standards and criteria.
In considering a conditional use application, the Borough Council shall consider the following:
D.
The erosion and sediment control plan submitted with the application, drawn in accordance with the Subdivision and Land Development Ordinance of the Borough of West Conshohocken.
E.
Abutting property shall not be adversely affected by runoff or erosion from the proposed use.
F.
The need for a woodland management plan on wooded steep slope areas.
G.
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, and that the proposal will be sound from architectural, engineering, and environmental perspectives, and will have no adverse impacts on the health, safety, and welfare of the community.
(2)
Proposed roads, drives, and parking areas are designed so that land clearing and/or grading will not cause accelerated erosion. Both vertical and horizontal alignment for such facilities shall be so designed that hazardous conditions are not created.
(3)
Alternative placements on nonsteep slope areas were carefully evaluated for structures, including buildings, retaining walls, swimming pools, roads, access driveways, parking facilities and other development, and can be shown to be inappropriate or infeasible to the satisfaction of the Borough Council.
(4)
Proposed on-lot sewage disposal facilities are properly designed and constructed in conformity with applicable health regulations.
(5)
Proposed nonagricultural displacement of soil is for purposes consistent with the intent of this article and will be executed in a manner that will not cause erosion or other unstable conditions.
(6)
Surface runoff water will not create unstable conditions, including erosion, and that appropriate stormwater management facilities will be constructed as necessary.
§ 113-78 Development regulations.
The following regulations shall apply to all proposals within the Steep Slope District:
A.
All setback requirements for the underlying zoning district shall be met by the proposed application for development of the site.
B.
All structures, roads, driveways, parking areas, grading, construction, and other development, and clearing of vegetation shall be set back a minimum of 10 feet from the boundary of the Steep Slope District, unless otherwise approved as part of a conditional use application.
C.
No building lot shall be created unless it contains sufficient buildable area with slopes less than 25%. If it is infeasible to provide this buildable area in accordance with the setbacks required by the underlying district, the lot area shall be increased as necessary to provide a buildable area equal to at least 1/2 the building envelope provided by the minimum lot dimensional standards of the underlying district.
§ 113-79 Certificate of compliance.
No steep slope areas shall be occupied until a certificate of compliance has been submitted to the Borough by a registered professional engineer and/or land surveyor, as applicable, that the construction of any buildings or other improvements or any other changes were accomplished in compliance with this article.
§ 113-80 Limit of municipal liability.
The granting of a use and occupancy permit or the approval of a subdivision or land development plan on or near the Steep Slope District shall not constitute a representation, guarantee or warranty of any kind by the Borough or any official or employee thereof regarding the practicability or safety of the proposed use and shall not create liability upon the Borough, its officials, or its employees. Protections provided by the article are reasonable for regulatory purposes and are based on engineering and scientific studies. The article does not imply that areas outside the Steep Slope District are free from the adverse effects of erosion and sedimentation.
§ 113-81 Nonconforming uses or structures.
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 in § 113-73 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. However, the Borough Council shall enforce the standards contained in § 113-77 of this article to the expansion or continuance of said nonconforming use or structure, to the extent permitted by law.