Reference: Penn Township, Pennsylvania

Summary of Municipal and County
Land Use Plans and Ordinances

Penn Township, Pennsylvania

KEY COMPREHENSIVE PLAN GOALS, OBJECTIVES OR ELEMENTS

Key Regional Issues
  • Increasing development pressure being exerted upon southern Chester County from the New Castle County region.
  • Rt. 1 interchange-Further intensive interchange development has the potential of shifting the role of the township to an employment center.
  • Chester City Water System-Located just south of the township. Implications for development -local groundwater sources may be bypassed, resulting in potential higher development densities; townships do not have authority over the placement of water lines by Chester Water Authority. Penn Public Utilities Commission does. Establishment of municipal water authority by Penn Township would preclude extension of service except under the authority of the township.
  • Increasingly, the residents of Penn Township have become a commuting population, depending on surrounding communities for their work livelihood and returning at night to what, for them, has become a "bedroom" community.
  • Loss of prime farmland to development- considerable prime farmland has been lost to development, reducing the role of agriculture as a viable element of the economy.
 

WATER RESOURCES

  • The Chester County Water Resources Inventory Study concluded that in both the White Clay and Big Elk watersheds, concern for surface water quality in the two streams will impose practical limits to development before critical water supply levels are reached.
  • The Water Resources Study estimated that, at times of critical flow, both the White Clay and Big Elk creeks could assimilate up to approximately 0.9 million gallons of wastewater per day before advance alternative treatments would be necessary to avoid excessive water quality degradation.
  • Environmental Constraints: alluvial soils, 100 year floodplain (FEMA), seasonal high water table 0-1.5ft. from surface, slope greater than 20%, probable unsuitability for on site disposal of wastewater (slope, shallow depth to bedrock, or erodible soils), other severely erodible soils.
Recommendations for Code Enforcement
  • For all major subdivisions and land developments, consider requiring the applicant to submit a hydrologic study that addresses the adequacy of groundwater supply and the potential impacts of proposed wells on existing wells.
  • Consider expanded regulation of vegetation management to: prohibit clearing a site of vegetation prior to its being presented for development approval; enforce strict limits on clear-cutting within the Flood Hazard District and areas of greater-than-20% slope; enhance prospects for the retention and protection of existing vegetation at sites undergoing development; suggest a planting list that indicates native species.
Recommendations for Land Use Planning
  • Consider adoption of cluster provisions and or review and revision of Planned Residential Development provisions to maximize compatibility with natural systems.
  • Consider adoption of "net out" provisions to carefully relate achievable development density to natural resource characteristics.
  • Review, and, as necessary, modify the current zoning requirements and standards for activities on slopes in excess of 25% (perhaps imposing a Conditional Use application process).
  • Consider adoption of provisions to define and protect streambank buffer areas, aiming to conserve riparian vegetation and habitat and maintain their benefit to stream water quality.
  • Evaluate impervious surface limits in the Zoning Ordinance and adjust as necessary, particularly in relation to recharge potential.
  • Coordinate ZO and SLDO regulations with the Township Sewage Facilities Plan to emphasize sewage treatment and disposal systems which utilize land application and avoid stream discharge (this action can complement both surface water and groundwater protection efforts).
  • Encourage establishment of private conservation easements to protect areas of floodplain, wetland and steep slope
Open Space Resources

"...certain lands must be kept out of development due to critical environmental constraints, particularly flood-prone, wet and steep areas."

Recommended Actions

  • The township should encourage the establishment of conservation and scenic easements which can afford permanent preservation of open space resources.
  • The supervisors should consider adoption of ordinance provisions which specifically require prospective developers to identify open space resources within and adjacent to proposed developments.
  • The supervisors should consider adoption of ordinance provisions which further require prospective developers to consider identified open space resources within site design, particularly those that lie within the public view, along scenic roads, and around historic sites.
Historic Resources

Recommended Actions

  • Establish a committee/commission to review and update the survey data, classify and assign priorities among the resources, and maintain the Historic Resources Map.
  • Seek historical certification/registration of all eligible resources in Penn Township through the National Register of Historic Places, Chester County Certification program and/or other appropriate programs.
  • Consider enacting a comprehensive preservation ordinance or separate ordinance, as appropriate, to provide for the protection and preservation of identified historic resources, including provisions for: delay of demolition; additional use opportunities; review of proposed rehabilitations, enlargements, or alterations; and historic districts established under Act 167.
Agriculture Resources

Recommended Actions

  • Modify zoning provisions to encourage the effective use of alternative site planning in appropriate areas, such as clustering or averaging, or even transfer of development rights (TDR), where such planning can preserve significant agricultural lands as well as other natural features and open space resources.
  • Promote landowner awareness of, and encourage participation in, the establishment of Agricultural Security Areas under Pennsylvania Act 43.
  • Encourage the implementation of private measures, including private establishment of conservation easements, to preserve agricultural lands.
 

FLOODPLAINS

Qualification
All areas identified in the 100-year floodplain as established and defined by FIA/FEMA and as delineated on the Flood Insurance Rate Map (FIRM), as well as all alluvial soils and known high-water marks, are protected by floodplain ordinances.

Regulations
No new construction is permitted within the areas identified by the above criteria, unless approved by the Zoning Hearing Board and the DEP engineers.

Existing structures or other built features may be enlarged and expanded if they are certified by a licensed engineer to withstand a 100-year storm and are approved by the Zoning Hearing Board. New development is limited to agriculture and pervious pavement parking.

ZO Section 1402 states that one of its purposes is to "conserve trees and other riparian vegetation, the existence of which helps to preserve fish and wildlife habitats, prevent stream bank erosion, maintain cool water temperatures, and protect stream waters from sedimentation."

The Flood Hazard District boundary shall prime facie be the more extensive area as between (a) special flood hazard area and (b) alluvial soils. The ordinance includes extensive criteria for review of special exceptions and variances, including construction techniques for flood protection.

The ordinance specifically prohibits the following uses in the Flood Hazard District: clear cutting of trees (with special exceptions), under no condition shall a clear cutting operation be conducted within 25 feet of a stream; junkyards; or storage of hazardous materials.

 

STEEP SLOPES

ZO Section 1401 Slope Controls:

  1. Permitted uses in areas where the grade of a slope exceeds 25%:
    1. Parks and outdoor recreational uses.
    2. Tree farming, forestry, and other agricultural uses when conducted in conformance with the provisions of Section 1500 and with conservation practices that ensure adequate protection against soil erosion.
    3. Single family dwellings, if constructed in such a manner which does not substantially alter the existing grade and natural site conditions. Plan must be certified by registered engineer or architect.
 

VEGETATIONAL BUFFERS

Currently no ordinances provide for vegetated buffers are adjacent to surface waters. See woodlands section below.
 

WOODLANDS

No trees within 25 feet of any streambank, nor within or upon a streambank, shall be removed, unless they are dead or damaged, and threaten the stability of the bank.
 

STORMWATER MANAGEMENT

Currently there is no participation in a regional Watershed Management Plan and there are no stormwater quality management standards.

SLDO Section 5.83: Stormwater run-off shall not be concentrated onto adjacent properties in greater amounts or in greater velocities than existed prior to subdivision or land development unless all reasonably necessary stormwater control devices have been installed or provided for...and the township supervisors determine that the increase in amount or velocity will not result in unreasonable harm to other lands within the township.

SLDO: Section 5.932: Requires the submission of an erosion & sediment control plan for subdivision and land developments.

 

WETLANDS

Wetlands in the National Wetlands Inventory and some of the sub-minor drainage basins have been mapped. Currently there are no required buffers around wetlands.
 

HISTORIC DISTRICTS/ STRUCTURES

No historic districts are recognized by federal, state or local designation. A mapping project is in process. To date, there are 94 historic sites and 35 agricultural complexes identified as significant. There are areas along the streams that have a high probability of yielding prehistoric archeological sites; these sites have not yet been mapped.
 

RECREATIONAL AND PARK USES

There are no municipal, county, state or federal parks located on the White Clay Creek within the township.
 

CLUSTERED AND PLANNED RESIDENTIAL DEVELOPMENT

There is a Planned Residential Development ordinance.
 

SITE PLAN REVIEW

There are provisions for site plan review.
 

INDUSTRIAL AND COMMERCIAL USES

Table 1
 

RESIDENTIAL ZONING

Table 2
 

PERMITTED USES

Table 3