..Fcbm4f, 19q1.. Wclt Fallowfdd 7flfiryOrdinane ..Fcbruly 1997.. N
Transcription
..Fcbm4f, 19q1.. Wclt Fallowfdd 7flfiryOrdinane ..Fcbruly 1997.. N
l I ..Fcbm4f, 19q1.. Wclt Fallowfdd 7flfiryOrdinane ..Fcbruly 1997.. N. Disclaimer of Uability. The degree of flood protection sought by the provisions of this ordinance is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This ordinance does not imply that areas outside of the identified floodplain districts, or that uses permitted within such districts will be free from flooding or flood damages. This ordinance shall not create liability on the part of West Fallovfield TownshiP or any offrcer or enployee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder. 903. WETL6ND PROIECTION DISTRICT (overlay district). 1 A. Applicability. The provisions of Section 903 shall apply to all lands within West Fallowfield Township identified being located within the boundaries of any Wettand as defined by this Ordinance. as B. General Intent" The regulaiions of this section are intended to: 1. To promote conseniation of wetland 2. To areas as a vital natural resourse. maintain wetlands as a natural groundwater rerharge and purification slatem. C. District Overlay. The Wetland Conservation District, based on the definition in Section 903.E., shall be deemed an overlay district to the otherwise applicable 2ening district, as defined by the West Fallowfield Township Zofug Map. In the areas defined by this Ordinance, the provisions of said overlay district shall supersede the provisions of the underlying zoning district. D. Identlfication. areas deemed located within the Wetland Protection District shall be identified as such when they are present on any plan submitted for review to West Falloufield Township. All E. Establishment of District The Wetland Consenration District, as defined by this Ordinance, shall consist of the following areas: 1. Those areas that are known to be inundated or saturated by surface or groundwater at a frequency or duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adaptedfbr fife in saturated soil conditions, including swamPs, marshes, bogs, and similar areas. Z. p1ilareas delineated on the National Wetland Inventory Maps, prepared by the U.S. Army Corps Engineen. 900,47 of "Fcbirtry, 3. Wclt Fdbrtrdd Z-ing frinare ttlrcbrue4l, 1997t' Areas containing the following hydric soils as defined by the United States Soil C-onsenation Service, shown on the Soil Survev of Chester and Delaware Counties. Pennsvlvania. United States Department of Agriculturg Soil C.onservation Service, 1959: Soil Symbol Bo CaA CaB Cz,B2 CrA CrB Gu Mn OtA Tm WaA WaB WaB2 wcB We WoA WoB WoB2 WoCZ WsB F. 19!ftt Soil Name Bovmansville silt loam Calvert silt loam" 0 to 3 percent slope Calvert silt loam, 3 to 8 percetrt slope Calvert silt loam,3 to 8 peraent slope, moderately eroded Croton silt loam, 0 to 3 percent slope Croton silt loam,3 to 8 percent slope Guthrie silt loam Melvin silt loam Othello silt loam Tidal Manh Watchung silt loam, 0 to 3 percent slope Watchung silt loam, 3 to 8 percent slope Watchung silt loam,3 to 8 percent slope, moderately eroded watchung very stony silt loam, 0 to 8 percent slope Wehadkee silt loam Worsham silt loam" 0 to 3 pelcent Worsham silt loam,3 to 8 percent Worsham silt loam,3 to 8 percent, moderately eroded Worsham silt loam, 8 to 15 peroent, moderately eroded Wonham very stony silt loam, 0 to 8 percent Use Regulations. All that partially or wholly encompass areas that are included in the Wetland Protection District are subject to the use regulations of the underlying zoning district provided that the Desrgp Controls of Section 903.G. and the Desrgn Standards of Section 903.[L are met uses G. Design Contnols. Wetland areas shall not be disturbed in any manner 1. No s$pected or known wetland ' cluding, but not limited to the following: area may be fiUed with soil, debris, building material, or other g1fogrenge. 2. No vegetation shall be cleared ftom any knou'n or suspected wetland area. 3. 11e1tring is permitted to be built on top of knov,m or suspected wetland areas, including but not limited to, roads, buildingp, foundations, and patios. H. Design Standards. 1. Where no alternative for site ac@ss is anailable, crossing wetland areas shall be Permitted as a rrariance. The appticant shall obtain all necessary Federal permits under Section 404 of the Federal Water Pollution Control Act. 2. Disturbance to lands within E fwt of any Wetland Protection District shall be restricted- 9m-48 rtF€bnnry, 19!IF' West Fallorfidd Zniog (Hinarc :rRhmry, !g!I1.. 3. Storm water management facilities shall be separated from wetland areas by a minimum of 25 feet and shall be designed in such a manner as to limit any potential surface water run-off entering the wetland areas to pre-development or pre-disturbance levels. 4. Erosion control measures shall beemployed to prevent siltation or excessive drainage into designated wetlands. I. Variance C.riteria. it can be demonstrated that the regulations of this section have created a hardship on the paft of the appliqmt, the regulations may be waived in accordance with Section 1808 and the following: Where 1. When applicable, the applicant has received necessary approval from the Pennsyhania Department of Environmental Protection. 2. When applicable, the applicant has received nec€ssary approval from the appropriate federal authorities including the Arny Corps of Engineen. 904. STEEP SLOPE CONSERVATION DISTRICT (overlay district). A. ApplicabilityThe provisions of Section 9(X shall apply to all lands within West Falloqdeld Township shown as being located within the boundaries of any Steep Slope Conservation District as described by this Ordinance. B. Intent It is the general intent of this section to promote the conservation of 1. steep slope areas so as to: Protect.existing vegetative cover. 2. Protect against pollution of surface and ground water ftom soil erosion. 3. Limit structures which may not be suitably engineered for such areas. C. District Overlay. The Steep Slope Conserv"ation District, based on the definition in Section 904.D., shall be deemed an overlay district to the otherwise applicable zoning district, as defined by the West Fallovfield Township Zoning Map. In the areas defined by this Ordinance, the provisions of said overlay district shall supersede the provisions of the underlying vsning districL D. Establishment and Detemination of the District The Steep Slope Consenation District includes lands bearing slopes of fifteen percent (l5Vo) or greater. Slope shall be measured as the amount of vertical distance which occurs in a given amount of horizontal distance. The West Fallowfield Steep Slope C.onservation District is further classified into the following: 1. Minor Slope Distria: The Migor Slope District includes all lands where the slope is betrneen ffieen percent (l5Vo) and twenty-five (%E') inclusive. 9Ur-49 ttFcbllary, 2. 199/" Fdbrtrdd Tonin! Ordinane ..Fcbnra{7, Wcrt tgyl.. Significant Slope District: The Significant Slope District includes all lands where the slope is greater than twenty-five percent (xvo). E. Minor Slope Dishict Regulations. Within the Minor Slope District all uses shall be permitted according to underlying zoning district regulations provided that the following conditions are met prior to plan approval; 1. A site plan shall be submitted that identifies the following: a. The layout of the portion of the site to be disturbed, indicating existing grades and proposed final gades shoqm with contour lines at two (2) foot intennals. b. Site vegetation, that identifies the current vegetation of the site, the vegetation that removed during site dwelopmenL and final vegetation of the site. 2. Where an exoess of one (1) acre will be disturbed for the will be proposed use, a National Pollutant Discharge Flimination $rstem (MDES) shall be submitted to the Chester County Conservation District Office for rwiew, and comments must be received prior to To'umship approval. 3. A Storq water Management Plan shall be submitted with the application. Said plan shall be in accordance with the provisions of Section ffi7 of the West Falloufield Township SuMivision Land Development Ordinance and shall identiS how storm water will be handled on the site. F. Significant Slope District Regulations. Within the Significant Slope District the folos'ing regulation shall apply: 1. The following uses and no others shall be permitted a. Parls and outdoor recreational uses provided within the Significant Slope Distria: minimal site disturbance is required. b. Tree hrming when conducted in conformance with consemation practices that ensure adequate protection against soil erosion. c. Single fanily detached dwelling or a portion of the required dwellings in accordance with the underlying zoning district 2. In addition, a. A lot for single fami$ detached the applicant shall supply the following information with the application: site plan shall be submitted that identifies: (1) The layout ofthe portion ofthe site to be disturbed, indicating existing grades and proposed grades shown with contour lines at two (2) foot iilervals; 'final (2) proposed final grades; (3) a vegetation plan, that identifies the current vegetation of the site, the vegetation that be removed during site dwelopment, and final vegetation of the site; (4) all paving retaining walls and drainage facilities on the site; and 9ln-50 will "F&uly, 19yt" (5) W€st Fallortrdd Tming Ordinare .'Febnnr1f 1997" emergency vehicle access to the proposed site with a slope not to exc,e,ed \2Vo. b. Where an excess of one (1) aoe will be disturbed for the proposed us€, en NPDES shall be submitted to the Chester County Conservation District Office for review, and comments must be received prior to Township approval. c. A Storm water Management Plan in accordance with Section 6O7 of the West Fallovfield Township Subdivision and I-and Development Ordinance shall be submittedwith the application. Said plan shall identi$ how storm water will be handled on the site. d. An approved waste disposal permit from the Health Department for the proposed use shall be required prior to approval. 9O5. WOODLAND PROTECTION DISTRICT (overlay distric{). A. Applicability. These provisions shall apply to all lands within the jurisdiction of West Fallourfield Township that contain woodlands as defined by this ordinance. B. Intent The regulations of this section are intended to: 1. promote conseruation of woodland 2. limit the disturbance resourses areas; to areas of extensive tree cover; 3. maintain wooded areas as the vital resouroe they are which include serving as natural wind breaks, soil retention areas, and biotic habitats. 4. utilize existing woodlands and hedgeroun ar a means of limiliag the visual impaa of proposed uses from vieq/sheis, adjacent roadwap and uses. 5. maintain and improve water quality. C. District Overlay. The Woodhnd Protection District, based on the definition in Section 905.D., shall be deemed an overlay district to the otherwise applicable zoning district, as defined by the West Falloufield Township lnning Map. In the areas defined by this Ordinance, the provisions of said overlay district shall supersede the provisions of the underlying zoning district. D. TVoodland Delineation. Identification of woodlots and hedgeroun: Any woodlot or hedgerow, as defined by this ordinance shall be identified on plans prior to being submitted for approval. 9fi1.51 ttF€brtafiy, 1!l!7tt Wcrt Fallorfidd zoring Ordinancc t'Fcbnlrry 1997t' E. Woodlot Managemenl It is intended that existing woodlots throughout the Torvnship be presened as vital natural resource areas. The following regulations shall apply to all parcels that partially or wholly encompass an exist'ng woodlot as defined by this ordinance provided the total contiguolls area of the woodlot is one acre or more: 1. The regulations of the under$ing 2sning district. 2, 'I\e applicant for development shall submit a woodland management plan, prepared by a forester or other qualified individual, which explains how the woodlot in question will be effected by the intended use. The woodland management plan shall identify the following: a. The location of all trees whose driplines ftll within the area to be disturbed and have a caliper of four (4) inches or greater. b. The tre€s that will be removed before, during, or after the development process. c. Vegetative cover that will be added to the site. 3. New vegetative cover added to the site, inciuding trees, should be compatible to the exisring varieties. 4. The clear cutting of trees shall be prohibited. 5. Selective cutt'ng, for the purposes of maintenance, safety, and good nurnagement shall be permitted. 6. Individuals owning farms in the Agricultural District, as defined by this ordinance are exempt from the regulations of this section €xcept in the following circumstances: a. Woodlols q{thin the Floodplain Conservation District shall complywith the regulations set forth in this Section when located on a farm. b. Woodlots within twenty (20) fect of the property line of an existing residential use or within twenty (20) feet of a residential zoning district shall comply with the regulations set forth in this Section when located on a farn c. Individuals owning farms shall be permitted to clear cut woodlands when approved by the Board of Supendsors as a Special Exception. F. Hedgerw Protcction. It is intended that the existence oi hedgetorn be utilized and maintained throughout the Toumship as buffer zones and vegetative screening that limits the impact of new uses on existing uses while allowing their continued natural state. Any parcel that encompasses a part or entire hedgerow shall adhere to the following regulations: 1. All proposed uses shall comply with the regulations of the underlying zoning district in which the use is located. 2. Trees and other vegetation located within the Ftood tlazard District, as defined in Section 902, shall not be removed for any reason other than safety. 3. The clear cutting of trees shall be prohibited. 9m-52 "Februar5L lgyttt Wcst Fallortrdd zotng O'rdinane ttF€bnualy 1997" 4. Any proposal for development shall prepare a woodland management plan, prepared by a forester, as recommended by the Pennsylvania State Bureau of Forestry, or other qualified individual, which explains how the hedgerow in question will be effected by the intended management plan shall identis the fouowing: use. The woodland a. The location of all trees whose driplines fall within the area to be disturbed and have a caliper of four (4) inches or greater. b. The trees that will be removed before, during, or after the development prooess. c. Vegetative cover that will be added to the site. 5. Selective cutting, for the purpose,s of maintenance and safety, shall be pennitted when performed by a qualified forester. 6. Farms in the Agricultural District, as defined by this ordinance are exempt from the regulations of this section except in the following circumstances: a. Farms containing hedgerows within the Floodplain C-onservation regulations set forth in this Section. b. Farms containing hedgeroun within twenty (20) feet of the property line of existing residential uses or within twenty (20) feet of a residential zoning district shall mmply with the regulations set forth in this Section. 9m-53 Disria shall comply with the ttFcbrue[y, lgntt Wclt Faloffidd Tmipg 9m.54 (Himne ttFcbnlary 1997" rFcbmary 19q1" WcstFdlorfddzlning()rdharc "Fchruary 1997" ARTICLE l{NO IIIGIIWAY CORRIDOR OVERI,AY DISTRICT IOOI. DISTRICT AUTEORITY. This Article has been established to manage aocess along Pennsylvania Routes 10 and 41 within West Fallowfield Township, in accordance with: A. The Municipalities Planning Code, Sections 604 (1) and Q) and Section 605 (2) (i); B. The West Fallovfield Comprehensive Plan (1992); and C. The Avon-Grove Route 41 Corridor Plannine Studv (1988). 1002. DISTRICT INIENT. The purposes of this Article are to: A. Implement the recornmendations set fonh in W and VII of the Routes 41 conidor study; Sections 9 and 11 of the comprehensive plan and Chapten B. I imit the number of access poina along Routes 10 and 41, in the interest of public safetg C. lvlaintain unobstructed mobility of these arterial highwaln as recognized by the comprehensive plan; D. Prwent additional E aooess points along Routes 10 and 41 where alternative Apply design standards for new F. Achieve coordinated aocess aocess points are available; points along Routes 10 and 41; a@ess along Routes 10 and 41 while protecting the integrity of the village of Cochranville. G. Apply acoqss management provisions uniformly s'ithin the Route 10 and 41 corridors; H. RetainsandenhancestheruralattributesoftheTownshipthroughviennhedprotectionandcompatibility with the character of surrounding uses. 1003. GEtrIERAL PROVISIONS. A. Applicability. The provisions of this Article shall apply to the following loa within West Fallovfield Township: 1. Irts with frontage along Routes 2. Lots with existing or proposed 10 or 41; and ac@ss to Routes 10 or 41. B. District Overlay. The Highway C.orridor Overlay District shall be deemed an overlay district to the otherwise applicable zoning district as defined by the West Fallovdeld Tov,nship ZortngMap. The provisions of this overlay district shall be in addition to the provisions of the underlying zoning district. In the event that the provisions of the underlying zoning district and the Highway Corridor Overlay District are in mnflict the more restrictive provision shall apply. rr5!foaar!, 79:nt' WolFdlortrdd 7op'ingdinanc "Fcbruery, 199l" C. Compliance. No land nrjtlin the Highway Corridor Overlay District shall hereafter be used, no structure shall be located, relocated, constructed, reconstructed, enlarged, or structurally altered, and no access constructed or relocated except in full compliancewith the terms and provisions of this Section and other applicable ordinances and regulations which apply to 115ss wirhin this district. D. Identification. All lots or portions thereof deemed located within the Highuny Corridor Overlay District shall be identified as such when they are present on any plan submitted for review to West Fallowfield Toumship. E. Frontage on Efiec{ive Date of Ordinance. For the purposes of enforcement and applicability of the standards contained herein, the measurei ftontage of each lot along Routes 10 and 41 within the Highway Corridor Overlay District shall remain as it existed at the effective date of this Ordinance. F. Front Yard Setbaclc The front yard setback requirement for all loa within the Highway Corridor Overlay District shall be the same as the under$ing distric. Within the Village District, the ftont prd setback shall be measured from the existing right-of-way. For all otler lots atong Route 10 or Route 41, the front yard setback shall be measured ftom the ultimate right-of-way, as defined in Section 1003.G. G. Illtimate Right of-Way. Excluding those lots x'ithin the Village District, an ultimate right-of-way shall be reserved for all lots along Route 10 or Route 41, in accordance with Sections 1003.G.1. and 103.G.2. herein. No structure or use shall be permitted within the resewed area other than required accessua]ts. 1. Route 10 The ul :mate right-of-s'ay shall be measured forty (40) feet in both directions using a line perpendicular to the centerline of the highcny. 2. Route 41 The ultimate right-of-way shall be measured fifty (50) feet in both directions using a line perpendianlar to the centerline of the highyay. lUXt-56 ttFcbruaryr, 19!Ztt Slcst Fallottrd Toning Ordinance ..Ir€bnnry 199t7r. lUM. ACCESS PREFERENCES. Within the Highway Corridor Overlay District, ac@ss to Routes 10 and 41 shall depend on whether alternative access points are available as well as sight and environmental conditions. The Applicant shall consider all of the options for access to Route L0 or 41 ftom the proposed lot and the aacess feasibility in accordance with Section 1004. The preferences of the Township for providing access to lots within the overlay district are listed below. They have been ranked in order of desirability. It shall be the burden of the Applicant to demonstrate why preferences (A) and (B) cannot be achieved before (C) or (D) shall be considered. A. Prefenence (A) - No Nery Access to Routes 10 or 41 Access points along Routes 10 and 41 shall not be established where access to a lot may provided through the use of a lower functioning road or reverse frontage. If a lower functioning road is accessed or reverse frontage is e.stablished, the design standards set forth in Section 1005.8. shall apply. B. Preferenc'e (B) - Connection to Existing Access Point Access points along Routes 10 and 41 shall not be established where aocess to a lot may be provided through the use of an existing access point which is either on-site or adjacent to the lot. If access h provided through the use of an existing acsess point, the de,sign standards set forth in Seaion 1005.8. shall apply. C. Prefenencne (C) - Creation of an Intemal Access Road Where acoess to a lot cannot be provided as described by Section 1004..A. or Section 1004.8. due to sight conditions, environmental constraints, or other reasons, then an internal ac@ss road sball be established in accordance with the provisions of Sections 1005.C. and 1006. D. Prefenence @) - Individual Access Where aocess to a lot cannot be provided as described in Sections 1004.d, 1004.8., or 10(X.C. above due to sight conditions, environmental constraints, or other reasons, then access may be provided to Route 10 or Route 41 subject to the provisions of Sections 1fi)5 and 1006. 1005. DISTRICTADMIMSTRATION. A. Access points within the Highway Corridor Overlay District shall be established in accordance with the Access Preferences order set forth in Section 10O4. B. Access Preference (A) and (B) Standards. Where aocess is provided to a shall apply: lot as described in Sertion 1004.A or l(XX.B., the following provisions 1. For subdivision and land development proposals, it shall be the burden of the Applicant to demonstrate to the Township during Preliminary or Final Plan review that such access will be established and in acmrdance with Township regulations. For shared access points, the Applicant shall submit an ovmership and maintenance agreement. 2. For all other proposals, it shall be the burden of the Applicirnt to demonstrate to the Township that will be established and in accordance with Township regulations upon application for a Building Permit. For shared access points, the Applicant shall submit an ownenhip and maintenance such access agreement. rrpshrary, lgnt' Vlc:tFallo*trdd TonngOrdimncc ..Itbrua{f, 1997.' C. Access Preference (C) and (D) Standards . aooess cannot be provided as described in Section 1004.A necessary, the following provisions shall apply: Where or 1004.8., and a new access point is 1. It shall be the burden of the Applicant to demonstrate to the Township that access cannot provided in accordance with Access Preferences A or B as set forth in Section 1004. 2. All proposals 3. be shall be reviewed in accordance with the Township Subdivision Ordinance. In additlon to dl other materials, documents, and information required by the Subdivision Ordinance, the Applicant shall submit a Property Access Plan. The Property Access Plan shall include: a. Proposed access point(s); b. Plan for providing access to remaining portions of the lot, including schematic layout for future lots; c. Fxisting d. Adjacent secondary roads; e. The highvtay right-of-way as well as any reserve area for future or ultimate right-of-way; f. Sigbt distance wirhin the right-of-way; g. Environmental constraints, including floodplains, steep slopes, wetlands, and streams within the right-of-way; h. Access i. . 4. aooess points on adjacent lots; points for properties on the opposite side of Route 10 or 41; and The location and width of the cartway as well as €xisring shoulders of Route 10 or 41. Coordination witn Pennsylnania Department of Transportation @ennDOT) The Tovmship has an arrangement with PennDOT whereby access pernits will not be reviewed by the Department unless it has a letter from the Township acknowledging the proposal. 11106. DESIGN STANDARDS. Drivenap and local roads proposed to intersect Route 10 or Route 41 within the Highway &rridor Overlay District shall be designed in accordance witb the standards set forth in this section. A. Number of Access Points Per LoL The total number of acc€ss points along Route 10 and Route 41 shall be restricted- The maxinum number of access points permitted per lot, including spin-offlots within the Agricultural District" sha[ be determined in accordance with the following standards: t. Within the Village District no more than one aocess 1txxL58 point shall be established per lot t t t'FebnarJr, 19yt" W€st Falbrfidd 7o"rmg Ordinancc "EEbnury 1997t' 2. Outside of Village District, the number of access points shall be determined according to the lot frontage in compliance with the following: Maximum Number of Access Poins Lot Frontage I L L t l€ss than 400 feet L 400 to 1000 feet 2 Over 1000 feet 3 B. Lot Width at Street Line. Where a driveway or local road is to access Route 10 or Route 41, the minimum lot width at street line shall be as folloun: I 1. Within the Village District To preserve the development pattern within the Village of Cochranville, standards for the minimum lot width shall be determined according to the standards in Article 600. ) 2. Route 10 and Route 41 Outside of (V) Village District In any district other than the (9 Village District, the minimum lot width shall be two hundred feet (1n) feet. C. Separation.Distancr Between Driverays. The minimum distance between drivevays along Route 10 or Route 41 shall be as follows: 1. Within the Village District The minimum separation distance shall be fifty feet (50'). 2. Route 10 and Route 41 Outside of Village District The minimum separation distance shall be two hundred feet (200'). D. Separation Distance Between Local Roads. The minimum distance between local roads along Route 10 or Route 41 shall be as folloun: 1. Within the village Districr The minirnum separation distance shall be three hundred feet (300'). 2. Route 10 and Route 41 Outside of Village District The minirnum separation distance shall be four hundred feet 1+69';. E. Separation Distance Between Drivway and Local Road Intersections. Along Route 10 and Route 41, including the Village District, the minimum distance between a driveway and the intersection of a local road with either Route 10 or Route 41 shall be one hundred and fifty (150) fect. 1(m-59 ttFchllarJr, l9!I7" Wert Felbnfdd 7n@Ondimoe ttFdilry,t9lflt' F. Future Access For Adjaent Prcperties. When a new aoc€ss point is designed for Route 10 or Route 41, consideration shall be given to establishing a joint accessway with a future adjacent use. The Board of SupenisoN may require the establishment of a right-of-way to provide such access. G. Variation of Standards. Where sight distance, floodplain, wetland, or sterep slope areas prwent the design of a driveway or local road in acmrdance with tne standards set forth in this section, an Applicant may request a variance ftom the Zoning Hearing Board in accordance with Article 18m. It shall be the burden of the Applicant to provetotheZoningHearingBoardthatthedrivewayorlocalroadcannotbedesigrredinaccordance with said standards. E. Interior Irts (Flag Lots). Interior lots, as defined in Article 1900, shall not be established within the Highway Corridor Overlay District when access is proposed along Route 10 or Route 41. 1flx){O