West Nantmeal Township
City Zoning Code
City Zoning Code
ARTICLE V
Conservation Overlay Districts
§ 215-18 Statement of intent.
A.
The purpose and objective of the Conservation Overlay Districts is to implement the goals, objectives and policies of the West Nantmeal Township Comprehensive Plan and the Chester County Vision Partnership Program which pertain to conservation management, environmental resource protection, natural resources, historical preservation, and open space preservation. In order to strategically implement theses goals, objectives and policies, the following Conservation Overlay Districts are hereby established:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B.
The Conservation Overlay Districts incorporated under this article include provisions to supplement and enhance the existing underlying district regulations for certain land areas and water features. These supplemental regulations should not replace the existing underlying zoning district regulations. In cases where the Conservation Overlay Districts should overlap, the more restrictive standards and specifications shall apply.
C.
The land and water areas encompassed by the Conservation Overlay Districts shall be subject to the interpretation of the Zoning Officer. Should a dispute arise concerning the interpretation of the boundaries or limits of those land or water areas encompassed by the Conservation Overlay Districts, the person aggrieved by the interpretation may file an appeal with the Zoning Hearing Board. In all cases, the burden of proof and submission of technical evidence shall be the responsibility of the person appealing the interpretation of the Zoning Officer.
§ 215-19 Flood Hazard Overlay District.
[Amended 7-10-2017 by Ord. No. 2017-4]
See now Article XIII, Floodplain Regulations, in this chapter for provisions relating to flood hazard districts.
§ 215-20 Wetlands and Hydric Soil Overlay District.
A.
The Wetlands and Hydric Soil Overlay District shall be a conservation overlay to the underlying zoning districts of West Nantmeal Township. The purpose and objective of the Wetlands and Hydric Soil Overlay District Overlay District is outlined as follows:
(1)
To direct growth, development and revitalization efforts by considering environmentally sensitive land areas and ecological habitats.
(2)
To sustain a high quality natural resource system and to protect a natural diversity of ecosystems.
(3)
To provide aquatic habitats, which are essential breeding, rearing and feeding grounds for many species of fish, plants and other wildlife.
(4)
To develop a protective zone to serve as a natural filter in the removing of pollutants such as bacteria, acid and sediment from groundwater and surface water.
(5)
To implement an effective hydrological and stormwater management program that adequately addresses surface drainage, groundwater recharge and soil erosion control measures.
(6)
To implement best management practices.
(7)
To implement the recommendations concerning natural features, conservation management and land use, as outlined within the West Nantmeal Township Comprehensive Plan.
B.
The Wetlands and Hydric Soil Overlay District shall include any of the following land and water features:
(1)
All areas delineated as wetlands and/or seasonal pools on the most recent National Wetlands Inventory Maps as prepared by the United States Fish and Wildlife Service.
(2)
All areas delineated as wetlands and/or seasonal pools by a qualified professional or soil scientist with experience in delineating wetlands.
(3)
All areas delineated as wetlands and/or seasonal pools by the United States Army Corps of Engineers, as part of a jurisdictional determination.
(4)
All areas encompassed by hydric soils, as defined and mapped by the United States Department of Agriculture, Natural Resources Conservation Service.
C.
For all subdivision or land development applications involving areas with hydric soils and/or areas considered to be wetlands, a qualified professional or soil scientist with experience in delineating wetlands shall conduct a field investigation and delineate the limits of the wetlands on the parcel of land being subdivided or developed. As part of this requirement, a report containing the field investigation notes, wetland data sheets, summary, conclusions and resume of the person(s) responsible for the field investigation shall be issued to West Nantmeal Township for review and consideration. Further, the subdivision plan or land development plan shall contain a certification note that has been endorsed by the qualified person(s) responsible for the field investigation and the wetlands delineation, as accurately depicted on the subdivision plan or land development plan.
D.
For all areas that have been delineated as a wetlands area, the following provisions shall specifically apply:
(1)
No wetland encroachment or earth disturbance activities shall be permitted unless the appropriate permits or approvals have been obtained from the Pennsylvania Department of Environmental Protection and/or the United States Army Corps of Engineers.
(2)
A fifty-foot buffer zone shall be applied to all areas that have been delineated as wetlands, as measured from the perimeter of the wetlands area. No encroachment or earth disturbance activities shall be permitted within the required buffer zone.
E.
No on-lot sewage disposal system or on-lot water supply system shall be located within 50 feet of the Wetlands and Hydric Soil Overlay District.
F.
A wetlands delineation shall be conducted for all areas in which earth disturbance activities or improvements are proposed within the Wetlands and Hydric Soil Overlay District.
§ 215-21 Steep Slope Overlay District.
A.
The Steep Slope Overlay District shall be a conservation overlay to the underlying zoning districts of West Nantmeal Township. The purpose and objective of the Steep Slope Overlay District is outlined as follows:
(1)
To protect certain land areas classified as "steep slopes" from inappropriate subdivision and land development activity, which could result in accelerated erosion, increased volume and velocity of stormwater, and degradation of surface waters.
(2)
To permit only those uses of steep slopes which are compatible with the conservation of the natural conditions, habitats and environment by maintaining existing topographical conditions and minimizing earth disturbance activities.
(3)
To encourage the utilization of appropriate construction and land development practices.
(4)
To direct growth, development and revitalization efforts by considering the protection and preservation of environmentally sensitive land areas.
(5)
To implement the recommendations concerning natural features, conservation management and land use, as outlined within the West Nantmeal Township Comprehensive Plan.
B.
The Steep Slope Overlay District shall include the following two slope categories:
(1)
Category 1 slopes: All land areas in which the topographical conditions have a range of slope between 15% and 25% in slope in pre-development conditions, as measured 100 feet in any straight-line direction.
(2)
Category 2 slopes: All land areas in which the topographical conditions exceed a slope of 25% in pre-development conditions, as measured 100 feet in any straight-line direction.
C.
All uses permitted within the underlying zoning districts shall be permitted as part of the Steep Slope Overlay District, provided that the lot or parcel intended to facilitate the proposed use and related site improvements does not conflict with the provisions of the Steep Slope Overlay District.
D.
The following subdivision and land development provisions shall apply to all lots or parcels, regardless of their size, whereas at least 10% of the lot or parcel includes Category 1 slopes:
(1)
The principal building and use may be located on Category 1 slopes, provided that a professional engineer and architect licensed within the Commonwealth of Pennsylvania submits plans and supporting documentation to West Nantmeal Township as part of the land development plan and/or building permit to demonstrate that the proposed construction methods shall mitigate any adverse impacts associated with steep slopes, hydrology, landscaping, erosion and stabilization.
(2)
Accessory buildings, uses and driveways may be located on or traverse through Category 1 slopes, provided that it complies with all other provisions specified by West Nantmeal Township.
(3)
The maximum building coverage for the proposed use, as specified by the zoning district requirements, shall be reduced by 15%.
Example: If the maximum building coverage for a commercial lot is 40% and the lot contains Category 1 slopes as the highest delineated slope category, then the 15% reduction would limit the maximum building coverage to 34% for that commercial lot.
(4)
The maximum lot coverage for the proposed use, as specified by the zoning district requirements, shall be reduced by 15%.
Example: If the maximum lot coverage for a commercial lot is 60% and the lot contains Category 1 slopes as the highest delineated slope category, then the 15% reduction would limit the maximum lot coverage to 51% for that commercial lot.
(5)
The maximum disturbance area of lands that have been exclusively identified as Category 1 slopes shall be limited to 50% of the total area of the Category 1 slopes on the lot or property being developed.
(6)
The final grading on any lot or parcel with Category 1 slopes shall not exceed a three-to-one side slope or horizontal-to-vertical ratio for any area which has been disturbed as a result of the improvements. Grades exceeding a three to one ratio may be permitted, provided the following conditions apply: the grading and earth disturbance impacts will be minimized; the stabilization of adjacent land areas will be enhanced; the stormwater runoff will be sufficiently controlled; the site improvements will be designed, constructed and installed considering best engineering practices that are acceptable to West Nantmeal Township; and the health, safety and general welfare of the community has been considered.
(7)
Municipal, utility and conservation uses shall be permitted on Category 1 slopes.
E.
The following subdivision and land development provisions shall apply to all lots or parcels, regardless of their size, whereas at least 10% of the lot or parcel includes Category 2 slopes:
(1)
The principal building and use shall not be located on Category 2 slopes.
(2)
All accessory buildings, uses and driveways may be located on or traverse through Category 2 slopes, provided that it complies with all other provisions specified by West Nantmeal Township.
(3)
The maximum building coverage for the proposed use, as specified by the zoning district requirements, shall be reduced by 20%.
Example: If the maximum building coverage for a residential lot is 20% and the lot contains Category 2 slopes as the highest delineated slope category, then the 20% reduction would limit the maximum building coverage to 16% for that residential lot.
(4)
The maximum lot coverage for the proposed use, as specified by the zoning district requirements, shall be reduced by 20%.
Example: If the maximum lot coverage for a residential lot is 30% and the lot contains Category 2 slopes as the highest delineated slope category, then the 20% reduction would limit the maximum lot coverage to 24% for that residential lot.
(5)
The maximum disturbance area of lands that have been exclusively identified as Category 2 slopes shall be limited to 10% of the total area of the Category 2 slopes on the lot or property being developed.
(6)
The final grading on any lot or parcel with Category 2 slopes shall not exceed a three to one side slope or horizontal to vertical ratio for any area which has been disturbed as a result of the improvements. Grades exceeding a three to one ratio may be permitted, provided the following conditions apply: the grading and earth disturbance impacts will be minimized; the stabilization of adjacent land areas will be enhanced; the stormwater runoff will be sufficiently controlled; the site improvements will be designed, constructed and installed considering best engineering practices that are acceptable to the West Nantmeal Township; and the health, safety and general welfare of the community has been considered.
(7)
Municipal, utility and conservation uses shall be permitted on Category 2 slopes.
F.
All applications involving a building permit, subdivision and/or land development plan shall include a detailed topographical analysis, which includes a depiction of the slope categories at a scale of one inch equaling 50 feet. The West Nantmeal Township Engineer and/or Zoning Officer shall review the accuracy of the topographical analysis. Where determined necessary by the West Nantmeal Township Engineer and/or Zoning Officer, field verification should be conducted by the applicant to verify the accuracy of the topographical analysis.
G.
All slopes considered to be man-made slopes by the West Nantmeal Township Engineer shall not be subject to the provisions specified by the Steep Slope Overlay District.
§ 215-22 Woodland Protection and Management Overlay District.
A.
The Woodland Protection and Management Overlay District shall be a conservation overlay to the underlying zoning districts of West Nantmeal Township. The purpose and objective of the Woodland Protection and Management Overlay District is outlined as follows:
(1)
To protect areas classified as woodlands from inappropriate subdivision, land development and conservation management activities.
(2)
To acknowledge that woodlands are a vital resource and provide a number of community benefits, including minimizing erosion on areas of steep slopes and stream banks; improving groundwater quality and quantity by filtering out pollution and sediment; providing wildlife habitats for plants and animals; providing effective stormwater management and erosion control; providing shade from direct sunlight and reducing temperatures; stabilizing adverse climate conditions by providing buffer and wind breaks; providing active and passive recreation opportunities; enhancing the scenic characteristics; and reducing air pollution by absorbing airborne pollutants.
(3)
To establish forestry and timber regulations that will effectively promote good forest stewardship, protect the rights of adjoining property owners, and minimize the potential of adverse environmental impacts created by inappropriate timber harvesting.
(4)
To minimize the clear cutting of woodlands and other earth disturbance activities that may create adverse environmental and ecological impacts.
(5)
To permit the sale of forestry products as an economic value and to appreciate that forestry is a leading industry within the Commonwealth of Pennsylvania.
(6)
To implement the recommendations concerning natural features, conservation management and land use, as outlined within the West Nantmeal Township Comprehensive Plan.
B.
Forestry, timber harvesting, tree harvesting and/or logging shall be permitted in all zoning districts, provided such uses are conducted in accordance with the provisions of this § 215-22.
C.
A property owner shall be permitted to clear trees on his or her property without obtaining a permit from the Township, provided that the area cleared covers no more than 10% of the gross lot area. If the property owner or successors and assigns in title to the property opt to perform tree clearing over time in various stages or intervals, no permit shall be required until the total area cleared from all stages of tree clearing by all owners of the property exceeds 10% of the gross lot area of the lot or lots to be cleared.
D.
A timber harvesting permit issued by the Township shall be required prior to performing the following activities:
(1)
Timber harvesting or logging operation on a property with 10 or more contiguous acres where 20 or more trees with a minimum caliper of 12 inches are harvested or logged.
(2)
Timber harvesting or logging operation that involves earth disturbance of two or more contiguous acres of land.
(3)
Tree clearing where the total area cleared covers more than 10% of the gross lot area.
E.
The following provisions shall apply to a timber harvesting plan and permit:
(1)
A landowner who is required to obtain a permit for the activities set forth in § 215-22D shall submit a permit application and pay the applicable filing fee as established by the Board of Supervisors by resolution. The application shall contain a timber harvesting plan which is prepared in accordance with the guidelines established by the Pennsylvania Department of Conservation and Natural Resources, Bureau of Forestry and/or the Penn State Cooperative Extension. The timber harvesting plan shall contain the following information:
(a)
Purpose of the proposed operation.
(b)
Name, address and telephone number of forestry operator.
(c)
Total land area involved in the proposed timber harvesting operation.
(d)
Total number of trees selected for harvesting.
(e)
Erosion and sedimentation plan prepared in accordance with the requirements of the Pennsylvania Department of Environmental Protection and the Chester County Conservation District.
(f)
Reforestation narrative outlining the re-vegetation of the land area, skid trails and harvest areas.
(g)
A chart indicating the quantity of trees and the species of trees selected for harvesting.
(h)
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.
(i)
The general location of the proposed operation in relation to municipal and state roads and any proposed accesses to those roads.
(j)
Existing watercourses, floodplains and wetlands.
(k)
The required fifty-foot buffer along any harvesting area, landing area, public road, watercourse or wetland as specified in § 215-22F of this chapter.
(l)
Topography of the property, including all slopes of 25% or greater.
(m)
Earth disturbance locations, including skid trails and landing areas.
(n)
Design, construction, maintenance and retirement of the access system, including haul roads, skid roads, skid trails and landings.
(o)
Design, construction and maintenance of water control measures and structures.
(p)
Design, construction and maintenance of proposed stream and wetland crossings.
(q)
A copy of any other permits or licenses as may be required by federal, state or county laws or regulations.
(2)
West Nantmeal Township and its professional consultants shall review the permit application and timber harvesting plan to ensure compliance with the provisions of this section. If necessary, the Township may consult with qualified professionals to review the application and plan. All costs incurred by the Township to review the application and plans shall be reimbursed by the applicant prior to the issuance of the timber harvesting permit.
F.
The following provisions shall apply to tree harvesting regulations:
(1)
A fifty-foot buffer zone, within which no timber harvesting shall occur, shall be required between the boundary of any timber harvesting area and any public street, road, or watercourse or wetland.
(2)
Timber harvesting is prohibited within a floodplain and wetlands.
(3)
Clear-cutting is permitted on slopes of 15% but less than 25% where it is done for the purpose of managing or improving the natural habitat. Clear-cutting is prohibited on areas with slopes of 25% or greater.
(4)
If trees fall on adjacent properties as a result of a timber harvesting operation, the forestry operator shall remove such trees and be responsible for any damage, cost or restoration to the affected adjacent property.
(5)
Felling or skidding on or across any public road or right-of-way is prohibited without the express written consent of West Nantmeal Township or the Pennsylvania Department of Transportation, whichever is responsible for maintenance of such public road or right-of-way.
(7)
All tree tops, limbs and slash shall be permitted to remain for soil stabilization, provided that they extend no more than four feet above grade.
(8)
The stumps of all felled trees shall be permitted to remain for soil stabilization, provided that they extend no more than four feet above grade.
(9)
Littering is prohibited and litter resulting from a timber harvesting operation shall be removed from the site on a daily basis.
(10)
During the periods of abnormal forest fire danger, as determined by the fire company that serves the site of the timber harvest, West Nantmeal Township shall have the authority to order the suspension of timber harvesting operations until the danger subsides.
(11)
All land areas and property used for the timber harvesting shall be reseeded in compliance with the timber harvesting plan.
(12)
All holes created in the course of tree harvesting shall be filled or regraded.
(13)
The landowner and/or operator shall be responsible for repairing any damage to public or private roads and other infrastructure caused by traffic or equipment utilized for a timber harvesting, tree harvesting or logging operation. At the discretion of the Board of Supervisors, the landowner or operator shall furnish financial security or a bond in an amount determined by the Township Engineer in order to guarantee the repair of such damages in accordance with Title 67 Pa. Code, Chapter 189.
(14)
The landowner and/or operator shall clean any mud or debris that is tracked onto public roads and shall be responsible for repairing berms, shoulders, swales and/or stormwater management facilities on public roads, which may be damaged due to the timber harvesting, tree harvesting or logging operation. All soil and debris washed or carried onto public streets during timber harvesting, tree harvesting or logging operations shall be cleaned immediately after the occurrence.
(15)
The West Nantmeal Township Engineer and/or Zoning Officer may inspect the property where any forestry, timber harvesting, tree harvesting or logging operation is occurring to determine if the requirements of this section and of the permit, including conditions thereof, or to the plans and specifications submitted with the permit application, including modifications thereof, or to the approved runoff and erosion control plan are being followed.
§ 215-23 Historical Preservation Overlay District.
A.
The Historical Preservation Overlay District shall be a conservation overlay to the underlying zoning district within West Nantmeal Township. The objectives of this special overlay district are outlined as follows:
(1)
To establish a zone that emphasizes the preservation of selected areas that has historical significance.
(2)
To establish effective historical enhancement provisions which consider provisions for buffer yards, scenic vistas, landscaping, signs and other visual enhancements.
(3)
To initiate a process of public and technical review prior to the demolition or relocation of historic buildings and structures.
(4)
To promote tourism within this historical region of Chester County.
(5)
To provide for adaptive reuse and redevelopment alternatives as a means of encouraging their preservation and use.
(6)
To implement the recommendations concerning historic preservation, cultural resource recognition, and land use planning, as outlined within the West Nantmeal Township Comprehensive Plan.
B.
The Historical Preservation Overlay District shall include all lots upon which an historical resource or historic site is located, as referenced by: the National Register of Historical Places; the Pennsylvania Historical and Museum Commission; and/or by West Nantmeal Township Comprehensive Plan. Where necessary, the limits of the Historical Preservation Overlay District shall be determined by the West Nantmeal Township Zoning Officer.
C.
All proposed land uses, developments and/or site improvements within the Historical Preservation Overlay District shall be reviewed by the West Nantmeal Township Historical Commission prior to the issuance of any permits for demolition.
D.
All permitted land uses within the underlying zoning district to which the historical resource or historically significant structure is located may be permitted by right within the Historic Preservation Overlay District. All other land uses that are not permitted by right in the underlying zoning district, but are listed as an adaptive reuse and redevelopment of an historical buildings and structure (refer to § 215-23E of this chapter), may be permitted by special exception.
E.
The following land uses may be permitted as part of the adaptive reuse and redevelopment of historical buildings and structures:
(1)
Banks and financial institutions, excluding drive-through facilities, subject to § 215-59 of this chapter.
(9)
As part of the special exception application, alternative uses permitted by the West Nantmeal Township Zoning Hearing Board, which has been determined to be compatible with the adjacent land uses; enables the preservation, restoration or rehabilitation of the historical resource or historical structure; and generally consistent with the overall purpose statements and objectives of this chapter.
F.
As part of all future subdivision and land development applications within the Historical Preservation Overlay District, the following design requirements and site improvements shall be considered:
(1)
All proposed buildings or structures located within the Historical Preservation District shall be reviewed by the West Nantmeal Township Historical Commission.
(2)
All proposed buildings or structures which are permitted within the Historical Overlay District shall be designed to consider the architectural characteristics of the existing properties within the Historical Preservation Overlay District. Where appropriate, the developer shall utilize building materials that are either compatible to these existing properties or will complement the historical character of West Nantmeal Township.
(3)
Where feasible, street trees and other aesthetic landscaping improvements should be incorporated into the design of the subdivision or land development plan.
(4)
The total number and size of all signs within the Historical Preservation Overlay District should be limited to avoid clutter and to serve the basic needs of the use. All proposed signs shall comply with the provisions of Article X of this chapter.
(5)
Unless otherwise directed by the utility company providing service, all proposed utilities shall be installed underground and within a utility easement or right-of-way.
(6)
All proposed developments shall be designed with regard to the topographic and natural features of the site. The purpose of this provision is to ensure that the natural features of the development are preserved and protected to the extent that it is not necessary to disturb the site in order to implement the criteria and standards of this chapter. All natural features not proposed for disturbance, as otherwise permitted by the objective standards and criteria of this chapter, shall be preserved and incorporated into the final landscaping and open space design of the development.
G.
The following provisions shall apply to the demolition or relocation of historical resources:
(1)
No historical resource or historically significant structure shall be demolished and/or relocated until it has been reviewed by the West Nantmeal Township Historical Commission.
(2)
The landowner or applicant shall provide documentation or evidence that the historical resource or historically significant structure cannot be rehabilitated, revitalized, reused or redeveloped as a viable land use within the community.
(3)
The West Nantmeal Township Board of Supervisors shall consider all proposals involving the demolition or relocation of historical resources and historically significant structures within the Historical Overlay District. If acceptable, the West Nantmeal Township Board of Supervisors shall authorize the West Nantmeal Township Zoning Officer to issue the appropriate permits.