All uses and activities established after the effective date
of this chapter shall comply with the following standards. Site alterations,
regrading, filling or clearing of any natural resources prior to the
submission of applications for zoning or building permits or the submission
of plans for subdivision or land development shall be a violation
of this chapter. In the event that two or more resources overlap,
the resource with the greatest protection standard (the least amount
of alteration, regrading, clearing or building) shall apply to the
area of overlap.
A. Floodplain. Areas identified as within the floodplain of the one-hundred-year recurrence-interval flood shall not be altered, regraded, filled or built upon except in conformance with §
160-27, Floodplain District, of this chapter. For areas designated as approximate one-hundred-year floodplains along streams and watercourses where the one-hundred-year floodplain (with a floodway and flood-fringe) has not been delineated, the requirements of floodplain soils shall be met. Minor road crossings may be permitted in the floodplain where design approval is obtained from the municipality and the Pennsylvania Department of Environmental Protection and where no other reasonable access is available.
B. Floodplain soils.
(1) All such areas shall not be altered, regraded, filled or built upon except in conformance with §
160-27, Floodplain District, of this chapter. Minor road crossings may be permitted in floodplain soils where design approval is obtained from the municipality and the Pennsylvania Department of Environmental Protection and where no other reasonable access is available. Floodplain soils shall not be used where the one-hundred-year floodplain (with a floodway and flood-fringe) has been delineated.
(2) Studies prepared by a registered engineer or expert in the preparation
of hydrological studies may be used to delineate the one-hundred-year
floodplain with a floodway and flood-fringe in place of areas designated
as floodplain soils and approximate one-hundred-year floodplain. Such
hydrological studies shall be subject to the review and approval of
the Borough on the recommendation of the Municipal Engineer.
C. Steep slopes. In areas of steep slopes, the following standards shall
apply:
(1) Fifteen percent to 25%: no more than 30% of such areas shall be altered,
regraded, cleared or built upon.
(2) Twenty-five percent or steeper: no more than 15% of such areas shall
be altered, regraded, cleared or built upon.
(3) Areas of steep slope that are less than 3,000 square feet shall be
exempted from these standards.
D. Woodlands. The following standards shall apply to woodlands:
(1) Woodlands in environmentally sensitive areas. No more than 20% of
woodlands located in environmentally sensitive areas shall be altered,
regraded, cleared or built upon. Environmentally sensitive areas shall
include floodplains, floodplain soils, steep slopes, wetlands and
lake or pond shorelines.
(2) Other woodland areas. No more than 50% of woodlands which are not located in environmentally sensitive areas [as defined in Subsection
D(1) above] shall be altered, regraded, cleared or built upon.
E. Tree protection zone. Such areas shall not be altered, regraded,
compacted or built upon nor used for storage or parking of vehicles.
F. Watercourses. Such areas shall not be altered, regraded, filled,
piped, diverted or built upon except where design approval is obtained
from the municipality and, if required, the Pennsylvania Department
of Environmental Protection.
G. Wetlands. Such areas shall not be altered, regraded, filled, piped,
diverted or built upon except where state and federal permits have
been obtained.
(1) Delineation.
(a)
Wetlands boundaries shall be delineated through an on-site assessment
which shall be conducted by a professional soil scientist or others
of demonstrated qualifications. Such a person shall certify that the
methods used correctly reflect currently accepted technical concepts,
including the presence of wetlands vegetation, hydric soils and/or
hydrologic indicators. A study shall be submitted with sufficient
detail to allow a thorough review by the Borough. The study must be
approved by the Borough on the recommendation of the Municipal Engineer.
(b)
In the event that a wetlands delineation validated by the United States Army Corps of Engineers is shown to vary from the wetlands boundary derived from Subsection
G(1)(a) above, the Corps delineation will govern.
(2) Federal and state regulations. In addition to the requirements above,
any applicant proposing a use, activity or improvement which would
entail the regrading or placement of fill in wetlands shall provide
the municipality with proof that the Pennsylvania Department of Environmental
Protection (Bureau of Dams and Waterway Safety and Bureau of Water
Quality Management) and the United States Army Corps of Engineers
have been contacted to determine the applicability of state and federal
wetland regulations.
H. Lakes and ponds. Such areas shall not be altered, regraded, filled,
piped, diverted or built upon.
I. Lake and pond shorelines. For the purposes of this chapter, lake
and pond shorelines shall be measured 100 feet from the spillway crest
elevation. No more than 20% of such areas shall be altered, regraded,
filled or built upon.