Township of Nether Providence, PA
Delaware County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of the Township of Nether Providence 8-14-1986 as Ord. No. 544. Sections 265-3A and 265-5 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Environmental Advisory Committee — See Ch. 15.
Building construction — See Ch. 93.
Excavations and quarries — See Ch. 121.
Flood damage prevention — See Ch. 269.
Stormwater management and soil erosion — See Ch. 281.
Subdivision and land development — See Ch. 289.
Zoning — See Ch. 300.
As used in this chapter, the following terms shall have the meanings indicated:
ENVIRONMENTAL IMPACT ASSESSMENT
A written evaluation and report prepared by an applicant as provided herein.
A. 
It is declared the policy of Nether Providence Township, in the interests of the health, safety and welfare of the township and the orderly development thereof:
(1) 
To seek to conserve and enhance the natural environment and to provide for the wisest use of available resources by minimizing adverse environmental impacts.
(2) 
To seek to preserve unique natural and cultural features.
(3) 
To assure the best possible environment for persons and other living organisms within or affected by any development area.
(4) 
To understand, evaluate and protect the quality of the environment of the township.
(5) 
To analyze long-range patterns of development and encourage the most desirable alternatives.
B. 
It is in furtherance of this policy that environmental impact assessments will be required in accordance with the provisions of this chapter.
A. 
[1]To permit the Township Commissioners, the Township Engineer, the Township Planning Commission and the Township Environmental Advisory Committee to meet their responsibilities hereunder, an environmental impact assessment shall be prepared by every applicant for:
(1) 
A planned residential development (PRD) under Chapter 300, Zoning, Article XVII, R-PRD Planned Residential Development District.
(2) 
Approval of a land development or subdivision plat under Chapter 289, Subdivision and Land Development, if the area of the plat is more than seven (7) acres, or if the area involved is less than seven (7) acres when so ordered by the Township Commissioners, where the site contains floodplains, steep slopes and is affected by adverse traffic conditions.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
B. 
Six (6) copies of any required environmental impact assessment shall be filed by delivering the same to the Township Manager. The environmental impact assessment, with respect to a land development or subdivision plat or a PRD, shall be filed at the time the preliminary plan is required to be filed.
C. 
If an environmental impact assessment is required to be filed with any preliminary plan for a land development or a subdivision plat or PRD, such preliminary plan shall not be approved by the Township Commissioners unless such assessment has been filed with and found acceptable in form and substance by the Township Commissioners as herein provided.
A. 
The environmental impact assessment shall contain a description with drawings and/or sketches of the proposed or potential site improvement for the tract in question, a site plan and any other thematic maps (such as topography or wetlands) that convey the specialized inventory and a detailed analysis of its environmental impact. In analyzing environmental impact, each environmental impact assessment shall address the impact of the proposed or potential site improvement on topography, wildlife, vegetation, water resources, wetlands, surface water drainage, erosion, sewage and waste disposal, population, recreational facilities, traffic and transportation, air pollution, noise pollution, public facilities and services, and any other special environmental considerations which are applicable in the opinion of the Township Commissioners.
B. 
The environmental impact assessment shall state that the proposed site improvement will meet all requirements of any applicable federal, state and local laws and regulations relating to environmental impact and/or related matters, to pollution control, water resources, surface water discharge, sewage and waste disposal, including, without limitation, township ordinances relating to Floodplain Conservation Districts and township ordinances relating to the control of accelerated erosion and sedimentation.
A. 
Upon receipt of an environmental impact assessment, the Township Manager shall submit one (1) copy to the Township Engineer, one (1) copy to the Township Planning Commission and two (2) copies to the Township Environmental Advisory Committee. The Township Environmental Advisory Committee will review the assessment and submit a written report thereon to the Township Commissioners within forty-five (45) days of the date of submission. Such report shall set forth the comments of the Environmental Advisory Committee with respect to the form and substance of the assessment, including any recommendations as to further information required in the assessment, and any recommendations as to modifications or conditions to approval, necessary or desirable to conform the proposal outlined in such application to the policy set forth herein. All such reports must be approved by the affirmative vote of a majority of the members at a meeting of the Township Environmental Advisory Committee at which a majority of the entire Committee is present.
B. 
As soon as practicable after receipt of the report of the Township Environmental Advisory Committee, the Township Commissioners shall advise the applicant submitting the environmental impact assessment that the same does not comply with the provisions hereof, in which event such party shall amend the assessment in form or substance so that it shall comply with such provisions; or, if the environmental impact assessment complies with the provisions hereof, advise the applicant and make such recommendations, if any, for the modification or conditions of approval of the proposal outlined in such assessment as the Township Commissioners shall deem necessary, appropriate or desirable so that the environmental impact of such proposal will be consistent with the health, safety and welfare of the township. Each such applicant shall be required to make such modifications or accept such conditions before the preliminary plan giving rise to such assessment is approved by the Township Commissioners.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.