In expansion of the declaration of legislative intent and community development objectives contained in Article I of this chapter, the specific intent of this article is:
A.
To conserve and protect areas of steep slope from
inappropriate development and excessive grading.
B.
To avoid negative impacts caused by erosion, stream
siltation, soil failure leading to structural collapse, damage, or
unsanitary conditions.
C.
To minimize danger to public health and safety by
promoting safe and sanitary drainage, conservation, and construction
practices.
D.
To permit and encourage the use of steep slope areas
for open space purposes, so as to constitute a harmonious aspect of
the continuing physical development of the Township.
A.
Overlay concept. The Steep Slope Conservation District
(SSC) shall function as an overlay on any and all districts now or
hereinafter enacted in the Township.
(1)
The SSC District shall have no effect on the
permitted uses in the underlying zoning district, except where uses
located within the district are in conflict with permitted uses set
forth in this article.
(2)
In those areas where the SSC District applies,
the SSC requirements shall supersede the requirements of the underlying
zoning districts.
(3)
Changes in the underlying zoning district(s)
shall have no effect on the boundaries of the SSC District.
B.
Boundary definition. The boundaries of the SSC District
are defined and established as those areas having slopes of 15% or
greater, as delineated on topographical maps prepared by the United
States Geological Survey, Department of Interior, or by on-site survey
prepared by a registered professional engineer or surveyor and reviewed
by the Township Engineer.
(1)
Areas of steep slope defined in this section
may be plotted on a map which may be made a part of this chapter and
be known as the "Steep Slope Conservation District Map of Lower Frederick
Township," and which will indicate the approximate boundaries of the
SSC District.[1]
[1]
Editor's Note: The current Steep Slope Conservation
District Map of Lower Frederick Township is on file in the Township
offices.
(2)
In the absence of a topographical survey prepared
by a registered professional engineer or surveyor, whenever there
is a difference between the SSC District Map and the U.S.G.S. topographical
map, the U.S.G.S. map shall determine the boundary of the SSC District,
upon review by the Township Engineer. However, where there is a difference
between the SSC District map and a topographical survey prepared by
a registered professional engineer or surveyor, that topographical
survey shall determine the boundaries of the SSC District upon review
of the survey by the Township Engineer.
(3)
Changes in the boundaries of the SSC District
shall be plotted, if feasible, on the SSC District Map as amendments
thereto.
C.
Boundary interpretation and appeals. An initial determination
as to whether the SSC District applies to a given parcel shall be
made by the Township Engineer.
(1)
Any party aggrieved by the decision of the Township Engineer, either because of an interpretation of the exact location of the district boundary or because the criteria used in delineating the boundary is or has become incorrect due to changes to topography, may appeal said decision to the Zoning Hearing Board as provided for by Article XIX in this chapter.
(2)
The burden of proving the incorrectness of the
Township Engineer's decision shall be upon the appellant.
On those lands having a slope of 15% or greater, only those uses permitted in § 170-124A and B shall be permitted. All applications for development of steep slope areas for uses under § 170-124B shall be accompanied by an erosion and sediment control plan, notwithstanding the minimum acreage requirements of the Clean Streams Law, P.L. 1987, as amended. The plan shall comply with the practices set forth in the Soil Erosion and Sediment Control Manual of the Pennsylvania Department of Environmental Protection, as amended, as well as other recognized conservation practices.
A.
Permitted conservation uses. The following uses shall
be permitted in the SSC District without the submission of an erosion
and sediment control plan:
(1)
Wildlife sanctuary, woodland preserve, arboretum,
passive recreation area (including parks but excluding enclosed structures).
(2)
Game farm or hunting preserve for the protection
and propagation of wildlife, excluding enclosed structures.
(3)
Forestry and reforestation in accordance with
recognized soil conservation practices.
(4)
Pasture and controlled grazing of animals in
accordance with recognized soil conservation practices.
(5)
Recreational uses, including parks with activities
such as hiking, bicycle and equestrian trails, camps, and picnic areas,
excluding enclosed structures.
(6)
Outdoor plant nursery or orchard in accordance
with recognized soil conservation practices.
(7)
Cultivation and harvest of crops in accordance
with recognized soil conservation practices.
(8)
Nonstructural accessory uses necessary to the
operation and maintenance of the above-permitted structures.
(9)
Similar uses to the above which are in compliance
with the intent of this article.
B.
Conditional uses. The following uses shall be permitted
by conditional use from the Board of Supervisors, upon submission
of an erosion and sediment control plan and supporting evidence; provided,
however, that alternative placements on non-steep-slope areas have
been carefully evaluated and can be demonstrated to be inappropriate
or unfeasible:
(1)
Front, side and rear yards and required lot
area in the underlying zoning district.
(2)
Sealed public water supply wells with approval
of the Pennsylvania Department of Environmental Protection.
(3)
Sanitary or storm sewers and stormwater detention
basins with the approval of the Township Engineer and the Department
of Environmental Protection.
(4)
Underground utility transmission lines.
(5)
On-site sewage disposal systems, when approved
by the Montgomery County Department of Health.
(6)
Extractive uses and borrow pits in accordance
with recognized conservation practices.
(7)
Roads, access driveways, and parking facilities,
when no viable alternative alignment or location is feasible.
C.
Prohibited uses. The following uses are prohibited
in the SSC District:
(1)
Freestanding structures, buildings and retaining walls, or swimming pools, unless the applicant can demonstrate to the Board of Supervisors that the proposal will be sound from architectural, engineering, and environmental perspectives, the proposal will have no adverse impacts on the health, safety, and welfare of the community, and there are no viable alternatives. If the applicant can so demonstrate, the use may be permitted by conditional use (see Subsection B, above).
(2)
The filling or removal of topsoil except when
related to an activity related to an approved special exception use.
(3)
Solid waste disposal or recycling uses.
(4)
Junkyards or other outdoor storage uses.
In addition to that information required in § 170-31 for conditional use applications to the Board of Supervisors, the applicant shall supply the following:
A.
A plan by a registered professional engineer or surveyor
which accurately locates the proposed use with respect to the SSC
District boundaries and existing development within 200 feet of the
proposed use, together with all pertinent information describing the
proposal, topographical survey, contour elevations at two foot intervals,
the erosion and sediment control plan required by this article, and
any other information required by the Township.
B.
The following as deemed necessary by the Board of
Supervisors:
(1)
Plan view of the site, conforming to the preliminary plan requirements of Chapter 145, Subdivision and Land Development.
(2)
Topographic survey showing contour elevations
at two-foot contours as well as typical tract cross-sections at a
scale of one inch equals 100 feet or larger. In addition, typical
tract cross-sections at a vertical and horizontal scale deemed appropriate
by the Township Engineer.
(3)
Specifications of building materials and construction
including filling, grading, materials storage, water supply, and sewage
disposal facilities.
(4)
Proposed modifications to the existing topography
and vegetative cover, as well as the means of accommodating stormwater
runoff and preventing erosion.
(5)
Documentation of any additional engineering
and/or conservation techniques designed to alleviate environmental
problems created by the proposed activities, or documentation prepared
by a geologist regarding subsurface materials, properties, and excavation
methods.
(6)
Type of foundation to be used for the structure,
with all accompanying calculations.
In considering a conditional use application, the Board shall consider the following, in addition to the standards and criteria of § 170-31 of this chapter:
B.
Adverse effects to abutting, uphill, and downhill
properties.
C.
Extent and severity of steep slopes on the site.
D.
Extent and proposed disturbance of existing vegetative
cover on the site.
E.
Soil types and underlying geology of the site.
F.
Length or extent of steep slopes both on the site
in question and on adjacent lands within 200 feet of the site.
G.
Evidence that:
(1)
The proposed development, any impervious surface,
and the resultant disturbance to the land and existing vegetative
cover will not cause excessive runoff and/or related environmental
problems.
(2)
Proposed buildings or structures are of sound
engineering design and that footings are designed to extend to stable
soil and/or bedrock.
(3)
Proposed roads, drives and parking areas are
designed 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.
(4)
Proposed on-lot sewage disposal facilities shall
be properly designed and constructed in conformity with applicable
regulations.
(5)
Proposed nonagricultural displacement of soil
shall be for causes consistent with the intent of this chapter and
shall be executed in the manner that will not cause erosion or other
unstable conditions.
(6)
Surface runoff of water will not create unstable
conditions, including erosion, and that appropriate stormwater management
facilities will be constructed as necessary.
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 certification
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 chapter. The
Zoning Officer shall issue a certificate of compliance within 10 days
of receipt of the certification from the applicant.
A.
The granting of a use and occupancy permit or the
approval of a subdivision or land development plan on or near the
SSC District shall not constitute a representation, guarantee or warranty
of any kind by the Township or any official or employee thereof regarding
the practicability or safety of the proposed use and shall create
no liability upon the Township, its officials or employees.
B.
Protections provided by this article are reasonable
for regulatory purposes and are based on engineering and scientific
studies. The article does not imply that areas outside the SSC District
are free from the adverse effects of erosion and sedimentation.
