A. Delineation of resources and plan information. In order to ensure compliance with the natural resource protection standards of this article, the following information shall be submitted for all applications subject to Zoning Ordinance § 200-178: Applicability:

(1) A site plan, complying with the drafting standards in the Subdivision and Land Development Ordinance § 170-20A and the site analysis plan in the Subdivision and Land Development Ordinance § 170-20B(4) and, which delineates the limits of all natural resources on the site as regulated by this article and the proposed use of the site including any existing or proposed structures.
(2) The limits of all encroachments and disturbances necessary to establish the proposed use on the site, including a grading plan showing existing and proposed contours.
(3) The maximum buildable area and any areas reserved for on-lot sewage systems, as described in § 200-180B.
(4) Calculations indicating the area of the site with natural resources and the area of natural resources that would be disturbed or encroached upon. The calculations shall be shown on the plan in table format. See table at § 200-180A(4).

(1) Purpose. The identification of a maximum buildable area serves to ensure that sufficient area is provided for the general location of the building, driveway, patio, on-lot sewage facilities (where applicable) and other necessary improvements and site alterations while meeting the natural resource protection standards of this article.
(2) Building area delineation. The applicant shall delineate on the plan a contiguous buildable area, free of protected resources, sufficient in size to accommodate proposed site improvements and which complies with the disturbance limitations of this article and other applicable codes and ordinances.
(3) On-lot sewage facilities delineation. For uses with individual on-lot sewage systems, the primary sewage system and a reserve or replacement area as required by the Chester County Health Department and Pennsylvania Sewage Facilities Act shall be identified, in addition to the minimum buildable area specified in § 200-180B(2). Such areas shall not include the portion of those environmentally sensitive areas that may not be developed or intruded upon as specified in § 200-179: Protection standards.

C. Continued protection of identified natural resources. In order to ensure the continued protection of natural resources, the following requirements shall apply to Zoning Hearing Board applications for special exception or variance, and to applications for conditional use, subdivision and land development:

(a) For resource protection areas on individual lots, restrictions meeting Township specifications shall be placed in deeds for each site or lot that has resource protection areas within its boundaries. Such restrictions shall also be included on the final recorded subdivision or land development plan when applicable.
(b) Deeds shall clearly state that the maintenance responsibility lies with the individual property owner. The restrictions shall provide for the continuance of the resource protection areas in accordance with provision of this article.
(c) Other mechanisms for ensuring the continued protection of identified resources may also be considered and used if approved by the Township.

(2) Protected resource areas held in common. Such resources shall be protected in accordance with Zoning Ordinance § 200-98: Open space requirements.

(1) For any use or activity subject to subdivision or land development review, modifications to the natural resource protection standards of Zoning Ordinance § 200-179: Protection standards may be requested as part of such application, which modifications may be granted by the Board of Supervisors pursuant to the provisions of the Subdivision and Land Development Ordinance and subject to § 200-180D(5).
(2) For any use or activity subject to application for approval of a conditional use, special exception, or variance, modifications to the natural resources protection standards of Zoning Ordinance § 200-179: Protection standards may be requested as part of such application, subject to § 200-180D(5); provided, however, that if the use or activity subject to approval of a special exception or variance before the Zoning Hearing Board is also subject to application for subdivision or land development review, approval of a conditional use, or the issuance of permits subject to Zoning Ordinance § 200-178A, the modification shall be requested before the Board of Supervisors and not the Zoning Hearing Board.
(3) For permit applications subject to compliance with this Article XXII: Natural Resource Protection, the Township Zoning Officer may waive the requirements for delineating resources on the plans required by Zoning Ordinance § 200-180A if the Zoning Officer determines that information on the application is sufficient to document that the proposed scope of work will meet with requirements of this Article XXII: Natural Resource Protection. The waiver of any requirement other than the delineation of resources on the plans shall be subject to conditional use approval under § 200-180D(4). Said waiver approval or denial shall be issued by the Zoning Officer in writing, within 30 days of receiving a request from the applicant.
(4) For any use or activity subject to this article pursuant to Zoning Ordinance § 200-178: Applicability. not otherwise subject to approval as provided in § 200-180D(1) and § 200-180D(2), including the issuance of permits subject to Zoning Ordinance § 200-178A, modifications to the natural resources protection standards of Zoning Ordinance § 200-179: Protection standards may be requested in the form of an application for grant of a conditional use by the Board of Supervisors, subject to § 200-180D(5).
(5) In approving any application requiring modification to the natural resource protection standards of Zoning Ordinance § 200-179: Protection standards as provided herein, the Board of Supervisors or Zoning Hearing Board, as applicable, as a condition of approval of such application, may permit specific modification to said standards, subject to the following:

(a) The Board of Supervisors or Zoning Hearing Board, as applicable, may grant a modification of the requirements of one or more provisions if the literal enforcement will exact undue hardship or be unreasonable because of peculiar conditions pertaining to the land in question, or if an alternative standard can be demonstrated to provide equal or better results. Further, the Board of Supervisors or Zoning Hearing Board, as applicable, shall find that such modification will be the minimum modification necessary, will not be contrary to the public interest and that the purpose and intent of this article is observed.
(b) All requests for a modification shall be in writing and shall accompany and be a part of the applicable application. The request shall state in full the grounds and facts of unreasonableness or hardship on which the request is based, the provision or provisions involved and the minimum modification necessary.
(c) If approval power is reserved for the Zoning Hearing Board, the request for modification shall be referred to the Board of Supervisors for advisory comments. In all cases, the request for modification may be referred to the Planning Commission for advisory comments.
(d) The applicant shall have the duty and burden of presenting evidence to the Board of Supervisors or Zoning Hearing Board, as applicable, in support of and justifying the requested modifications and demonstrating that such modifications will be the minimum modification necessary, will not be contrary to the public interest and that the purpose and intent of this article are observed.
(e) The request for modification shall not be granted if the effect of the modification is to exceed the maximum densities, building/structure coverages or impervious coverages allowed under this chapter.
(f) The Board of Supervisors shall keep a written record of all action on all requests for modifications.

 

See Article XXII: Natural Resource Protection for more information.