Conditional Use Criteria.
1. The Board of Supervisors of the Township may grant conditional use approval to permit disturbances of percentages of natural resources greater than those set forth in this Part, including when optimization of protection of the most highly valued natural resources on the site require deviations from the standards in this Part. The Board, in its sole discretion, shall consider conditional use approval applications applying the standards and procedures hereafter set forth. A single application shall be submitted for all natural resources proposed to be protected in a percentage less than that required under this Part.
A. Application Procedure.
(1) The applicant shall submit its Existing Resources and Site Analysis Plan ("ERSAP") prepared in accordance with the requirements of Chapter
22 of the Township's Code of Ordinances. If the applicant is not otherwise required to prepare an ERSAP that complies with Chapter
22, it shall prepare one to accompany its conditional use application.
(2) The applicant shall comply with the provisions of §
22-402, Subsection 1C and D of the SALDO [Chapter
22], including a site visit with Township representatives and attendance at a pre-plan conference.
(3) The applicant shall determine the areas to be left undisturbed and shall prepare a proposed resource conservation plan in accordance with the provisions of §
22-402, Subsection 1E, Step 1 and Step 2, of the SALDO [Chapter
22].
B. The Township Board of Supervisors, in its sole discretion, may grant conditional use approval to permit certain natural resources to be preserved in a percentage less than the by-right protection standard provided for in this Part when it determines, after applying the standards and procedures set forth below and in this Part, that a lesser percentage of protection is warranted and furthers the purposes of this Part and the Zoning Ordinance. In no event may the Board of Supervisors grant conditional use approval for less than the minimum percentage of protection specified in this Part.
(1) General Standards. The Board of Supervisors shall consider the following factors in determining whether to permit the applicant to disturb one or more natural resources on the site to a greater degree than the by-right protection standards:
(a) The best layout and design for the development of the site which, at the same time, protects the greatest percentage of valuable natural resources and most nearly achieves the goal of sustainability for the subdivision, land development, or other development, and the community surrounding the subdivision, land development, or other development.
(b) The extent to which additional disturbance aids in the optimal protection of the natural resources of the Township from a holistic perspective, achieves the objectives of the Comprehensive Plan, assures the sustainability of the community of which the subdivision, land development or other development is a part, and achieves the purposes set forth under §
27-2201.
(2) Standards Specific to Certain Natural Resources. The Board of Supervisors shall also consider and apply the following natural-resource-specific criteria in determining whether to approve a conditional use application under this section:
(a) Vegetation and Woodland/Forested Area Disturbance.
1) Groundwater and Surface Water Stabilization. The removal of wooded areas and/or specimen trees shall not adversely impact groundwater and surface water by altering the water table by removing vegetation that would otherwise provide a mechanism for water assimilation through the evapotranspiration process.
2) Ecological Impact. The removal of wooded areas and/or specimen trees shall not adversely impact the existing biological and ecological systems, or the microclimatic conditions which directly affect these systems, including the effects of removal of a part of the woodland on the health of the remainder.
3) Noise Pollution. The removal of wooded areas and/or specimen trees shall not significantly increase ambient noise levels by more than 10 dBA in accordance with the standards of §
27-2512 hereof.
4) Air Movement. The removal of wooded areas and/or specimen trees shall not significantly reduce the ability of existing vegetation to reduce wind velocity to the degree that it would substantially impact the remainder of the woodland or would have a substantial impact on the heating efficiency of homes in the vicinity of the woodland.
5) Wildlife Habitat. The removal of wooded areas and/or specimen trees shall not significantly reduce habitat for wildlife existence and reproduction or result in the emigration of wildlife from adjacent or associated ecosystems. Wooded areas and/or specimen trees providing habitat for threatened and/or endangered species shall not be disturbed and shall be contained in a tree protection zone.
6) Scenic Impacts. The removal of wooded areas and/or specimen trees shall not have an adverse impact upon the scenic values of the property as identified in the ERSAP and site visit.
7) The Board may not grant conditional use approval unless the applicant proposes greater protection to productive agricultural soils than the 80% protection standard (by-right protection standard) required under this Part.
8) The Board shall consider the extent to which the proposed vegetation disturbance hinders and/or removes invasive plant species, and/or promotes growth and/or spread of invasive plant species. The Board may impose conditions to prevent the growth and/or spread of invasive plant species.
(b) Steep Slope Protection.
1) The effect protecting less than the standard percentage of steep slopes would have on adjacent properties, particularly when such slopes abut another lot or tract of land.
2) The extent to which protection of less than the standard percentage of steep slopes would result in excessive grading, land form alteration and extensive vegetation removal.
3) The extent to which the ecological balance may be disturbed by increased runoff, flooding, soil erosion and sedimentation, blasting and ripping of rock, landslide and soil failure.
4) The extent to which steep slopes can be protected as open space and other uses which are compatible with preservation of natural resources and protection of areas of environmental concern.
5) The Board may consider the extent to which the steep slope is man-made rather than natural and whether its disturbance will facilitate, in the opinion of the Board, the optimal design for the development of the property.
6) The Board may not grant conditional use approval unless the applicant proposes greater protection to other natural resources, such as vegetation and productive agricultural soils, than the relevant by-right protection standards under this Part. The Board shall consider the extent to which the reduction of slope protection will adversely impact the natural resources sought to be protected to a greater extent. It shall also consider the extent to which the added natural resource protection mitigates or minimizes adverse impacts from reduction of slope protection. The Board may impose conditions accordingly.
(c) Productive Agricultural Soils.
1) The extent to which the property proposed to be developed is or can be actively farmed and the protected soils are in a location and configuration which would support an agricultural enterprise.
2) The extent to which preserving the soils in the standard percentage would not result in a suitable site for farming.
3) The extent to which the productive agricultural soils would be inappropriate for open space and other uses which are compatible with preservation of natural resources and protection of areas of environmental concern.
4) The extent to which preserving less than the standard percentage of productive agricultural soils would have an adverse impact on the scenic values of the property and the area surrounding the property.
5) The Board may not grant conditional use approval unless the applicant proposes greater protection to other natural resources, such as vegetation and steep slopes, than the relevant by-right protection standards under this Part.
