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(a) The Steep Slope Conservation District shall not be an independent zoning district but shall be a district overlay.
(b) The district shall have no effect on the permitted uses in the underlying zoning district, except when such uses are in conflict with the permitted uses enumerated in § 1288.05.
(c) In areas where this overlay district applies, its requirements shall supersede the requirements of the underlying zoning district(s).
(Ord. 896, passed 12-21-2011)
(a) The Steep Slope Conservation District is comprised of areas of steep and very steep slopes.
(b) The applicant shall use an actual field topographic survey as a source of contour information and the basis for depicting steep and very steep slopes as described below. This field survey must depict the subject site’s topography at the time the plan is submitted for review under this chapter.
(c) Areas of steep slope have a vertical slope greater than or equal to 15%, and up to 25%.
(d) Areas of very steep slope have a vertical slope of greater than or equal to 25%.
(e) All contours must be shown at a two-foot vertical change interval. All areas of steep slope and areas of very steep slope must be depicted clearly using hatching or shading to differentiate between the two areas.
(f) The use regulations of § 1288.05 below are only applicable where contiguous areas of steep or very steep slopes, or of any combination of these two categories, continue over a vertical grade change of ten feet or more.
(Ord. 896, passed 12-21-2011)
(a) Areas of very steep slope (greater than or equal to 25%).
(1) Uses permitted by right. The following uses shall be permitted by right:
A. Agricultural use not requiring structures or cultivation;
B. Woodland preserve;
C. Conservation and recreation not requiring structures; and
D. Open space associated with planned residential developments.
(2) Conditional uses, subject to Chapter 1290. The following uses shall be conditional uses, subject to Chapter 1290:
A. Conservation and recreation requiring structures;
B. Agricultural structures or cultivation;
C. Utilities, easements and rights-of-way;
D. Accessory structures to any uses permitted in this subsection (a)(2);
E. Roads and driveways;
F. Front, side or rear yards, provided that no structure is located less than 20 feet from the edge of a very steep or steep slope; and
G. Structures associated with any of the uses in subsection (a)(1) above.
(3) Prohibited uses or activities. Prohibited uses or activities shall be as follows:
A. Cut and fill, other than that related to uses permitted in subsections (a)(1) and (a)(2) above; and
B. Soil or rock extraction, other than that relating to uses permitted in subsections (a)(1) and (a)(2) above.
(b) Areas of steep slope (15% up to 25%).
(1) Uses permitted by right. The following uses shall be permitted by right: any use permitted by right in subsection (a)(1) above.
(2) Conditional uses. The following uses shall be conditional uses, subject to Chapter 1290:
A. Conditional uses listed in subsection (a)(2) above;
B. Single-family detached dwelling;
C. Stormwater management facility;
D. Sanitary sewer and sewage pumping station;
E. Buildings or other structures permitted in Industrial Districts; and
F. Accessory uses and structures customarily incidental to the above conditional uses.
(3) Prohibited uses or activities. Prohibited uses or activities shall be as follows:
A. Cut and fill, other than that related to uses permitted in subsections (b)(1) and (b)(2) above; and
B. Soil or rock removal, other than that related to uses permitted in subsections (b)(1) and (b)(2) above.
(Ord. 896, passed 12-21-2011)
(a) In addition to the standards described in Chapter 1290 relating to conditional uses, the Township Commissioners shall consider the following aspects of a conditional use application when considering requests for a conditional use under this chapter:
(1) The extent to which the proposal would impact the topography, soils and vegetation and the methods proposed to mitigate potential adverse environmental impacts;
(2) The potential impact of the proposal on adjacent properties; and
(3) The degree to which the proposal is consistent with the objectives in § 1288.01.
(b) Prior to approval of a conditional use application, the applicant shall provide evidence that:
(1) The development or use is being proposed in the Steep Slope Conservation District because no other location is feasible;
(2) Earthmoving activities and vegetation removal will be conducted only to the extent necessary to accommodate proposed uses and structures and in a manner that will not cause excessive surface water runoff, erosion, sedimentation and unstable soil conditions;
(3) Mitigation techniques will be utilized, including, but not limited to, retaining walls, tree wells, the establishment of ground covers and/or low spreading shrubs, the use of erosion control fabric and the like. Such techniques shall be evidenced through the submission of plans and construction details which depict, delineate and otherwise describe the land development proposal; and
(4) Proposed buildings and structures will be of sound geotechnical engineering design, and footings will be designed in response to the site’s slope, soil, and bedrock characteristics. Such design shall be evidenced through the submission of plans and construction details, which depict, delineate and otherwise describe the land development proposal.
(Ord. 896, passed 12-21-2011)
All applications for any use of land in the Steep Slope Conservation District shall be submitted to the Township Commissioners and the Township Engineer and shall include the following materials and information:
(a) Site survey of the tract in question, leading to the submittal of a site plan of the property indicating existing grades with contour lines of two-foot intervals based on the United States geodetic datum;
(b) Proposed grades within the area proposed for development or use;
(c) Landscape plan indicating proposed paved areas, storm drainage facilities, retaining walls, ground cover and shrubbery location. The modifications proposed to the existing land cover shall also be indicated;
(d) Architectural plans of the exterior and foundation of the proposed structure;
(e) Plan, profile and typical cross-sections of the entrance drive and street providing public access with the seal of a registered professional engineer thereon;
(f) A statement indicating all methods to be used in overcoming any structural or physical problems created by steep slopes, how the existing environment will be protected and how materials will be delivered to the site without disrupting the environment, signed and sealed by a registered architect or engineer;
(g) A statement signed by the applicant at the time of subdivision, land development or building permit application stating that there is a full understanding of all difficulties associated with access to sites containing or being near steep or very slopes; and
(h) A waiver of municipal or other liability for failure to provide, or difficulty in providing emergency vehicle access to the subject site, granted by the applicant. This waiver shall be in accordance with § 1288.02(c), and it shall be approved by the Township Solicitor prior to any grant of a conditional use under this chapter.
(Ord. 896, passed 12-21-2011)