1. Development Procedure. The ESA Overlay District is intended to provide for greater protection of the Township's natural resources as described in § 27-413. The application procedure and applicable general standards pertaining to all development types within the ESA Overlay District, subject to any exceptions, modifications, or additions set forth in the ordinance.
2. Standards. The ESA Overlay District was created and shall be used for all development to mandate the preservation and enhancement of the natural characteristics and valuable natural resources existing on a site. The controls stated herein shall apply to all lands within the ESA Overlay District Map. Actual locations of such environmentally sensitive features shall be shown on the required subdivision and or land development plan.
A. Uses permitted in the Environmental Overlay District shall be the same as those permitted in the underlying base district. Because of the valued natural resources existing in areas within the Environmental Overlay District, any development proposed within the ESA shall be reviewed and considered consistent with the procedures for the review of a special exception use as provided in this chapter (see § 27-1007).
B. Wetlands. No building, structure, construction, excavation or land filling shall occur on any area determined to be a jurisdictional wetland without the approval and necessary wetlands permit(s), as required by the U.S. Army Corps of Engineers.
C. Steep Slopes. No building or structure (except for a required public utility and necessary public roads) shall be constructed on any areas where the slope of the land is equal to or exceeds 25%. Development may be permitted by the Township upon the review and approval of an engineering geotechnical report including:
(1) The location and description of existing natural and manmade features on and surrounding the site, including general topography and soil characteristics and a copy of the soil conservation service soil survey for the site.
(2) The location and description of proposed changes to the site, including any grading and excavation, vegetation removal, the location and profiles of proposed roadways, the location of proposed utility lines, the location of existing and proposed buildings and structures, and the location of all other proposed site features. Site grading shall be subject to the Dover Township Subdivision and Land Development Ordinance § 22-712.
(3) The identification of measures proposed for soil erosion and sediment control, including a schedule of the sequence for the installation of planned erosion and sediment control measures, including anticipated starting and completion dates in accordance with Dover Township Subdivision and Land Development Ordinance Chapter 22, Part 10.
(4) Landscaping Plans for the proposed vegetation of all disturbed site areas.
D. Grading. Construction activity, including, but not limited to, grading, shall conform to Dover Township Subdivision and Land Development Ordinance [Chapter 22].
E. Critical wildlife habitat. No development, building, structure, construction, excavation or land filling shall occur on designated environmentally sensitive areas without review and comment being received from the PA Fish and Boat Commission, PA Game Commission and/or the United States Fish and Wildlife Service prior to consideration by the Township Board of Supervisors.
F. Existing Conditions. An applicant shall show the natural resources and environmentally sensitive areas existing on the development tract on a plan including but not limited to: wetlands, steep slopes, critical wildlife habitat areas, woodlands, streams, ponds, wellhead protection areas, and groundwater recharge areas.
G. Exemptions. The following are exempt from the provisions of this section:
(1) Previously approved projects are exempted. Any development proposal calling for the construction of a structure in land areas within the Environmental Overlay District having already received approval, pursuant to the adopted regulations in effect at the time of approval, prior to enactment of this section shall be exempt.
(2) Township Parks and Recreation and or Open Space Projects. Municipal buildings, facilities, lands specified for recreation, active and passive recreational parks, greenways, and or lands purchased for open space protection.
H. Supplementary Regulations. Regulations shall be required in accordance with Part 4, § 27-413 Floodplain Overlay Section.
(Ord. 2024-01, 5/13/2024)