The purpose of the Natural Features Overlay District is to ensure
the public health, safety and welfare through the protection of slopes,
streams, wetlands, and surface waters which are considered some of
the Township's most important natural resources. The Natural Features
Overlay includes the following:
A.
In the event that the provisions of this article and the provisions
of other applicable Township ordinance standards are in conflict,
the more restrictive provisions shall apply.
B.
In the event that two or more natural resource areas identified in
this article overlap, the resources with the most restrictive standard
(the least amount of permitted alteration, regarding, clearing, or
building) shall apply to the area of overlap.
A.
Purpose. Steep slopes and hillsides are unique areas. Slope areas
are fragile and susceptible to erosion, landslides, mudslides, degradation
of their natural vegetation and increased flooding using conventional
development practices. By protecting this asset, the Township intends
to:
(1)
Guide development away from steep areas;
(2)
Minimize grading and other site preparation in steep areas;
(3)
Provide safe means for ingress and egress while minimizing scarring
from hillside construction;
(4)
Preserve the natural conditions in steep areas; and
(5)
Prevent flooding and the deteriorating effects of erosion to streams
and drainage areas.
B.
Establishment of Steep Slope Protection Overlay boundaries and use
standards.
(1)
The Steep Slope Protection Overlay Zoning District shall consist
of all land which has a 12% or greater slope, as determined by a professional
land surveyor or professional engineer licensed in Pennsylvania, based
on a field or aerial survey of the property. A map entitled "Zoning
Overlays" has been provided with this chapter[1] for general informational purposes only and shall not
be used to determine the location of the overlay district.
[1]
Editor's Note: Said map is included as an attachment to this chapter.
(2)
Permitted uses.
(a)
On slopes less than 25%, uses shall be regulated by the underlying
zoning district.
(b)
On slopes equal to or greater than 25.0%, the following uses
shall be permitted by right, provided they are in compliance with
the provisions of the underlying zoning district and are not prohibited
by another ordinance, and provided that they do not require structures:
[1]
Yard areas of uses permitted by the underlying zoning district.
[2]
Agriculture, including general farming, pasture, grazing, outdoor
plant nurseries, horticulture, truck farming, no-till planting and
wild crop harvesting, excluding agribusiness;
[3]
Common open space;
[4]
Educational or scientific use not involving buildings or structures;
[5]
Trails and open space and greenways;
[6]
Parks and passive recreational areas not involving structures;
[7]
Accessory residential and/or commercial uses such as gardens,
play areas, picnic areas or fences; and
[8]
Essential services provided they are installed underground.
(4)
Disturbance limits.
(a)
Based upon the slope of the land, the following disturbance
limits shall be the maximum area of such slopes that may be regraded
and/or stripped of vegetation. Such percentages shall be based on
the slopes contained within the entire lot or lots to be developed
at the time of application for subdivision or land development plan
approval, or upon application for a zoning permit if no subdivision
or land development plan is required.
|
Slope Range
(percent)
|
Maximum Disturbed Area
(percent)
|
|---|---|
|
12.0% to 14.9%
|
75%
|
|
15% to 17.9%
|
50%
|
|
18% to 24.9%
|
25%
|
|
25.0% +
|
0%
|
(b)
Grading or earthmoving on all steep slope areas shall not result
in earth cuts or fills whose highest vertical dimensions exceed 10
feet, except where no reasonable alternatives exist for construction
of public roads, drainage structures, and other public improvements,
in which case such vertical dimensions shall not exceed 20 feet. Finished
slopes of all cuts and fills shall not exceed 3:1, unless the applicant
can demonstrate that steeper slopes can be stabilized and maintained
adequately. The landscape shall be preserved in its natural state
insofar as practicable.
(5)
Minimum lot size standards. No portion of a lot containing a slope
equal to or greater than 25% shall count toward the minimum lot size
required by the underlying zoning district.
(6)
Setbacks. No change in existing topography, which results in a slope
greater than the predevelopment condition, may be located within 10
feet of the neighboring property.
(7)
Design information. All applications for subdivision or land development
plan approval or for a zoning permit shall include a detailed description
of the methods that are being used for construction in areas containing
slopes of 12% or greater to attain the following:
(a)
Protection and stabilization of areas that have a high potential
for soil erosion;
(b)
Accommodate stormwater runoff;
(c)
Assure structural safety and minimize harm to the environment
associated with development on steep slopes;
(d)
Protection and preservation of on-site and off-site valuable
natural wildlife and/or plant habitats;
(e)
Protection and preservation of on-site and off-site water quality;
and
(f)
Protection of steep slopes on abutting properties.
C.
Standards.
(1)
The Steep Slope Protection Overlay Zoning District shall be established
at the time of subdivision or land development or the application
for a zoning permit if there is no subdivision or land development
proposed.
(2)
In all subdivision and land development applications, the Steep Slope Protection Overlay Zoning District and each slope range within the district shall be described by metes and bounds. A conservation easement covering the Steep Slope Protection Overlay Zoning District shall be provided in accordance with Chapter 235, Subdivision and Land Development.
(3)
In all zoning permit applications, the Steep Slope Protection Overlay
Zoning District and each slope range within the district shall be
shown on a drawing indicating the location and measurements of the
overlay district in accordance with the above standards.
A.
Purpose. Streams, creeks, and the natural areas around them are important
hydrological and environmental assets. It is the intent of this chapter
to preserve natural and man-made watercourses.
B.
Establishment of Stream Protection Overlay boundaries. The Stream
Protection Overlay District shall be established around all streams
and watercourses (including intermittent ones) that are typically
inundated throughout the year. The size of the Stream Protection Overlay
District shall be based on critical environmental features present
in the area surrounding the watercourse. The overlay district shall
be drawn to encompass all critical areas as described below. A map
entitled "Zoning Overlays" has been provided with this chapter[1] for general informational purposes only and shall not
be used to determine the location of the overlay district.
[1]
Editor's Note: Said map is included as an attachment to this chapter.
C.
Critical areas to be included in Stream Protection Overlay District.
The Stream Protection Overlay District shall be drawn to include all
of the following critical areas:
(1)
All land within 25 feet of the edge of a watercourse under typical
flow conditions.
(2)
Alluvial soils located within 50 feet of the water's edge;
(3)
Springs located within 50 feet of the water's edge; and
(4)
Slopes of 25% or greater located within 50 feet of the water's edge.
In this case, the overlay district shall extend to the uppermost edge
of the twenty-five-percent slope area.
D.
Permitted uses. The following uses shall be permitted by right in
the Stream Protection Overlay District, provided that they are in
compliance with the provisions of the underlying zoning district and
are not prohibited by another ordinance, and provided that they do
not require building(s), fill or storage of materials and equipment.
(1)
Common open space, nature preserves, forest preserves, passive recreational
areas, and similar uses requiring no structures, improvements, or
man-made features.
(2)
Trails to and along the watercourse.
(3)
Stream bank and watershed improvements approved by the York County
Conservation District and/or DEP.
(4)
Crossings by farm vehicles, livestock, recreational trails, roads,
railroads, sewer and waterlines, and public utility transmission lines,
provided that all necessary permits and approvals from federal, state,
and local agencies are received and that required plantings are maintained
to the greatest extent possible.
F.
Required vegetation. Within the Stream Protection Overlay District,
native species of trees, shrubs and ground cover must be provided
and maintained for stream bank stabilization, soil stability and habitat
for native animal species. Where adequate vegetation does not already
exist, new plantings shall be provided.
G.
Standards.
(1)
The Stream Protection Overlay shall be established at the time of
subdivision or land development or the application for a zoning permit
if there is no subdivision or land development proposed.
(2)
In all subdivision and land development applications, the Stream Protection Overlay shall be described by metes and bounds. A conservation easement on the plan covering the Stream Protection Overlay shall be provided in accordance with Chapter 235, Subdivision and Land Development.
(3)
In all zoning permit applications, the Stream Protection Overlay
shall be shown on a drawing indicating the location and measurements
of the overlay district in accordance with the above standards.
A.
Purpose. Lakes and ponds and the natural areas around them are important
hydrological and environmental assets. It is the intent of this overlay
district to preserve these natural and man-made assets. By protecting
these assets, the Township intends to:
B.
Establishment of surface water protection overlay boundaries. The
Surface Water Protection Overlay Zoning District shall be established
as the area in or within 25 feet of a lake or pond. All natural and
man-made lakes, ponds and established easement areas shall remain
in permanent open space. Because these areas may relate to other hydrologic
features, no development or diverting of these water bodies shall
be permitted without proper approval from PA DEP.
C.
Permitted uses. Permitted uses are as follows:
(1)
Common open space;
(2)
Educational or scientific use not involving buildings or structures;
(3)
Fishing, swimming, boating or hunting;
(4)
Boat-launching facilities, provided that parking areas and other
uses associated with the boat launch are placed outside of the Surface
Water Protection Overlay District;
(5)
Passive recreational areas not involving structures;
(6)
Trail access to adjacent open space; and
(7)
Nature preserve and wildlife sanctuary.
D.
Standards.
(1)
All lands identified in § 270-60B of this chapter shall contain no more than 15% impervious surface.
(2)
At least 70% of the Surface Water Protection Overlay District shall
remain in its natural state as open space.
(3)
The Surface Water Protection Overlay Zoning District shall be established
at the time of subdivision or land development or the application
for a zoning permit if there is no subdivision or land development
proposed.
(4)
In all subdivision and land development applications, the Surface Water Protection Overlay Zoning District shall be described by metes and bounds. A conservation easement on the plan covering the Surface Water Protection Overlay Zoning District shall be provided in accordance with Chapter 235, Subdivision and Land Development.
(5)
In all zoning permit applications, the Surface Water Protection Overlay
Zoning District shall be shown on a drawing indicating the location
and measurements of the overlay district in accordance with the above
standards.
A.
Purpose.
(1)
Wetland areas are indispensable and fragile hydrological natural
resources that provide:
(2)
Damaging or destroying wetlands threatens public safety and the general
welfare. Because of their importance, wetlands are to be protected
from negative impacts of development and other activities. It is the
intent of this overlay district to:
(a)
Require planning to avoid and minimize damage of wetlands whenever
prudent or feasible.
(b)
Require that activities not dependent upon wetlands be located
to other upland sites.
(c)
Allow wetland losses only where all practical or legal measures
have been applied to reduce these losses that are unavoidable and
in the public interest.
B.
Establishment of Wetland Protection Overlay boundaries. The Wetland
Protection Overlay shall apply to all lands in or within 25 feet of
a nontidal wetland located within West Manheim Township. The Wetland
Protection Overlay shall be based on a wetland investigation by the
applicant. The Natural Features Map of the West Manheim Township Comprehensive
Plan may be used as a guide for determining the general location of
wetlands. A map entitled "Zoning Overlays"[1] has been provided with this chapter for general informational
purposes only and shall not be used to determine the location of the
overlay district. Wetland delineations shall be performed in accordance
with the procedures of the PA DEP as specified in the Federal Manual
for Identifying and Delineating Jurisdictional Wetlands and any subsequent
amendments thereto. Wetland mitigation shall be permitted. Wetland
mitigation shall be approved by the PA DEP. Wetlands proposed to be
mitigated shall not be considered part of the Wetland Protection Overlay.
[1]
Editor's Note: Said map is included as an attachment to this chapter.
C.
Permitted uses. The following uses shall be allowed within the Wetland
Protection Overlay to the extent that they are in compliance with
the provisions of the underlying zoning district and are not prohibited
by any other ordinance, provided that they do not require structures,
fill or storage of materials and equipment, and provided that a permit
is obtained from the PA DEP and the United States Army Corps of Engineers,
if applicable:
(1)
Agriculture, including general farming, pasture, grazing, outdoor
plant nurseries, horticulture, truck farming, no-till planting and
wild crop harvesting, excluding agribusiness;
(2)
Common open space;
(3)
Educational or scientific use not involving buildings or structures;
(4)
Fishing, swimming, boating and hunting;
(5)
Trail access to the stream or drainageway and trails in linear parks;
(6)
Passive recreational areas not involving structures;
(7)
Accessory residential uses such as gardens, play areas, picnic areas,
fences or stormwater/drainage facilities;
(8)
Nature preserve and wildlife sanctuary; and
(9)
Essential services provided they are installed underground.
E.
Standards.
(1)
The Wetland Protection Overlay District shall be established at the
time of subdivision or land development or the application for a zoning
permit if there is no subdivision or land development involved. The
wetland delineations shall be performed in accordance with the procedures
specified in the Federal Manual for Identifying and Delineating Jurisdictional
Wetlands and any subsequent amendments thereto.
(2)
In all subdivision and land development applications, a wetland investigation shall be required in accordance with Chapter 235, Subdivision and Land Development. A conservation easement covering the Wetland Protection Overlay District shall be provided in accordance with Chapter 235, Subdivision and Land Development. The Wetland Protection Overlay District and conservation easement shall be described by metes and bounds, indicating the location and measurements of the overlay district.
F.
In all zoning permit applications, the Wetland Protection Overlay
District shall be shown on a drawing indicating the location and measurements
of the overlay district. (Wetland delineations shall be performed
in accordance with the procedures specified in the Federal Manual
for Identifying and Delineating Jurisdictional Wetlands and any subsequent
amendments thereto.)
Where a proposed lot, improvement, or earth disturbance is located
250 feet or greater from a potential natural feature overlay district;
consists of a lot add on which no new lots, structures and public
improvements are created, the overlay district does not need to be
located or delineated as required within this article. In such cases,
the overlay district shall be located using any existing available
data, such as York County GIS data, USGS topographical maps, and similar
sources. If a natural feature is located within the two-hundred-fifty-foot
distance, the natural feature and associated overlay shall be delineated
to its extent on the property.
