In addition to the general goals listed in the statements of § 390-3, Purpose, and § 390-4, Community development objectives, it is the purpose of this district to promote the health, safety and general welfare and to minimize negative environmental impacts by:
A. 
Conserving and protecting steep and very steep slopes from excessive and inappropriate development;
B. 
Permitting only those uses of steep slope areas which are compatible with the conservation of natural conditions and which maintain stable soil conditions by minimizing disturbances to vegetative ground covers and restricting the regrading of steep slope areas;
C. 
Limiting soil erosion and sedimentation and the resultant destruction of topsoil, siltation of streams, and property damage;
D. 
Protecting low-lying areas and downstream properties from flooding by limiting increases in stormwater runoff caused by grading of steep slope areas, changes of ground cover, or the placement of structures and other impervious surfaces;
E. 
Maintaining the ecological integrity and habitat value of steeply sloped areas which are affected by disturbances from stormwater runoff, erosion and sedimentation, landslides and soil failure; and
F. 
Encouraging the use of steep slope areas for greenway land and other conservation uses which are compatible with the preservation of natural resources and protection of critical environmental areas.
A. 
Compliance. No area within the Steep Slope Conservation District shall hereafter be used without full compliance with the terms of this article and other applicable regulations.
B. 
Abrogation and greater restrictions. It is not intended by this article to repeal, abrogate, or impair any existing zoning or subdivision regulations, easements, covenants or deed restrictions. However, where this article imposes greater restrictions, the provisions of this article shall prevail.
C. 
Municipal liability. The granting of a zoning or building permit or approval of a subdivision or land development plan within or near the Steep Slope Conservation District shall not constitute a representation, guarantee or warranty of any kind by the Township of West Vincent, or by any official or employee thereof, of the practicability or safety of the proposed use and shall create no liability upon the Township of West Vincent, its officials or employees, for any damages that result from negligence of this article or any administrative decision lawfully made thereunder. This article does not imply that areas outside the Steep Slope Conservation District will always be totally free from the adverse effects of steep slopes.
A. 
Definition of Steep Slope Conservation District. The Steep Slope Conservation District consists of two areas which are delineated and defined as follows:
(1) 
Precautionary slope district. Precautionary slopes are those areas with 15% to 25% slope measured over a minimum vertical distance of six feet, or three contiguous contour segments at two-foot contour intervals (e.g., sloping 15 feet to 25 feet vertical over an average distance of 100 feet horizontal).
(2) 
Prohibitive slope district. Prohibitive slopes are those of greater than 25% slope measured over a minimum vertical distance of six feet, or three contiguous contour segments at two-foot contour intervals (e.g., sloping more than 25 feet vertical over an average distance of 100 feet horizontal).
B. 
Measurement of slope. Slope shall be measured perpendicular to contour lines as the ratio in the change in height over the horizontal distance between three consecutive contour lines at two contour intervals.
C. 
Zoning Map overlay. The Steep Slope Conservation District shall be deemed to be an overlay to the Township of West Vincent Zoning Map, subject to the following:
(1) 
The Steep Slope Conservation District shall have no effect on the permitted uses in the underlying zoning district, except where said uses are intended to be located within the boundaries of the Steep Slope Conservation District, as defined herein, and said uses are in conflict with the permitted uses set forth in this article.
(2) 
In those areas of the Township of West Vincent where the Steep Slope Conservation District applies, the requirements of the Steep Slope Conservation District shall supersede the requirements of the underlying zoning district(s).
(3) 
Should the Steep Slope Conservation District boundaries be revised as a result of legislative or administrative actions or judicial decision, the zoning requirements applicable to the area in question shall revert to the requirements of the underlying zoning district(s) without consideration of this article.
(4) 
For any parcel or any part thereof on which the Steep Slope Conservation District is an overlay, should the zoning classification(s) be changed as a result of legislative or administrative actions or judicial decision, such change(s) in classifications shall have no effect on the boundaries of the Steep Slope Conservation District, unless an amendment to said boundaries was included as part of the proceedings from which the subsequent change(s) originated.
D. 
Interpretation of district boundaries and appeals procedure.
(1) 
Each application for a building permit or a subdivision or land development within the Steep Slope Conservation District shall be submitted in accordance with § 390-99 below. Any area of the Steep Slope Conservation District that falls within the subject tract, lot or lots shall be indicated and shown on the site plan required under § 390-99. The applicant shall use an actual field topographic survey, or the USGS Quadrangles as the source of contour information, as prescribed in Chapter 315, Subdivision and Land Development, of the Township Code, as amended.
(2) 
Where an interpretation is needed as to the exact location of the boundaries of the district in relation to a given parcel, or in the case of an alleged change in the district due to natural or other causes, except man-made, an initial determination shall be made by the Township Zoning Officer. Any party seeking such a determination may submit a topographic survey of the property and any other pertinent documentation for consideration. The Township Zoning Officer shall prepare a written report of the results of the initial determination, a copy of which shall be provided to the applicant and the Board of Supervisors.
(3) 
Any party aggrieved by any such determination or other such decision or determination under this article may appeal to the Zoning Hearing Board. The party contesting the location of the district boundary shall have the burden of proof in case of any such appeal.
A. 
Permitted uses. The following uses shall be permitted in Steep Slope Conservation District so long as use is in compliance with the base zoning district and all other provisions of this chapter.
(1) 
Precautionary slope district (15% to 25% slope).
(a) 
Public parks and outdoor, low-intensity recreational uses, consistent with the goals of watershed protection.
(b) 
Tree farming, forestry, and other agricultural uses when conducted in conformity with conservation practices approved by the Natural Resources Conservation Service or the Chester County Conservation District.
(c) 
Single-family detached dwellings and associated grading as required to create a stable yard area with positive drainage in compliance with earth disturbance procedures described in Subsection A(1)(h) and all other governing ordinances.
(d) 
Accessory buildings or structures (except swimming pools), necessary for the operation and maintenance of the above permitted uses.
(e) 
Removal of trees or vegetation for yard areas of a building, so long as no building other than that permitted in Subsection A(1)(c) and (d) above, are permitted within the precautionary slope district; the yard area is limited to an extent determined reasonable by the Township Zoning Officer or Township Engineer; and tree removal complies with § 390-149 or 390-166 of this chapter, whichever is applicable.
(f) 
Individual on-lot sewage disposal systems and water supply wells, provided that they are permitted by the Chester County Health Department and all regulatory agencies as required.
(g) 
Public or community sewage systems.
(h) 
Earth disturbances.
[1] 
Individual and common driveways, provided that each is constructed in accordance with the following design standards. A plan must be submitted for review and approval with sufficient detail to prove compliance with the requirements of this section. The plan is subject to approval by the Zoning Officer and/or Township Engineer prior to the issuance of any applicable permit(s).
[2] 
Earth disturbance (cuts and fills) must be avoided in steep slopes where practicable and minimize the area of disturbance and stormwater impacts within the steep slope areas to the greatest extent reasonably possible. However, the avoidance of impacts within the steep slopes should be balanced against the overall impact to the site and adjacent lands. Preference shall be given to preservation of wooded steep slopes.
[3] 
Runoff must be controlled to reduce the concentration of flows along the driveway and recharge any runoff as close to the source as possible. Permanent stabilization of all disturbed areas where the finished slope is to be 3:1 or steeper must be accomplished through the proper installation of erosion control blanket or sod. The applicant is encouraged to utilize natural vegetation where possible. Other comparable methods of stabilization may be employed, at the sole discretion of the Zoning Officer and/or Township Engineer.
(i) 
Impervious surfaces in compliance with the following limits:
Base Zoning District
Maximum Impervious Surface as % of Total Tract (Lot) Area in Precautionary Slope District
RC
8%
R-3
10%
R-2
13%
RM
35%
KV
40%
MHP
40%
BV
40%
PC/LI
35%
LVCC
40%
VCR
40%
M
40%
(2) 
Prohibitive slope district (25% slope).
(a) 
Public parks and outdoor, low-impact recreational uses, consistent with the goals of watershed protection.
(b) 
Removal of trees for yard areas of a building, so long as no building is within the prohibitive slope district; any cuts or fills are in compliance with earth disturbance procedures described in Subsection A(2)(c) and all other governing ordinances; and tree removal complies with § 390-149 or 390-166 of this chapter, whichever is applicable.
(c) 
Earth disturbances.
[1] 
Individual and common driveways, provided that each is constructed in accordance with the following design standards. A plan must be submitted for review and approval with sufficient detail to prove compliance with the requirements of this section. The plan is subject to approval by the Zoning Officer and/or Township Engineer prior to the issuance of any applicable permit(s).
[2] 
Earth disturbance must be avoided in steep slopes where practicable and minimize the area of disturbance and stormwater impacts within the steep slope areas to the greatest extent reasonably possible. However, the avoidance of impacts within steep slopes should be balanced against the overall impact to the site and adjacent lands. Preference shall be given to preservation of wooded steep slopes.
[3] 
Runoff must be controlled to reduce the concentration of flows along the driveway and recharge any runoff as close to the source as possible. Permanent stabilization of all disturbed areas where the finished slope is to be 3:1 or steeper must be accomplished through the proper installation of erosion control blanket or sod. The applicant is encouraged to utilize natural vegetation where possible. Other comparable methods of stabilization may be employed at the sole discretion of the Zoning Officer and/or Township Engineer.
(d) 
Impervious surfaces in compliance with the following limits:
Base Zoning District
Maximum Impervious Surface as % of Total Tract Area in Prohibitive Slope District
RC
5%
R-3
8%
R-2
10%
RM
25%
KV
30%
MHP
30%
PC/LI
25%
BV
30%
LVCC
30%
VCR
30%
M
30%
B. 
Conditional uses. Any of the following uses may be permitted as a conditional use when approved by the Board of Supervisors, subject to the requirements of this article and § 390-219 of this chapter. Consideration for granting of conditional uses shall include the provision of proper planning and engineering practices to assure that uses will be constructed without damage to surrounding properties and with minimal site disturbance.
(1) 
Precautionary slope district (15% to 25%).
(a) 
Stormwater management facilities or storm sewer systems.
(b) 
Cuts and fills, provided that the finished grades of all cuts and fills shall not exceed 3:1 unless the applicant can demonstrate that steeper grades can be adequately stabilized and maintained.
(c) 
Emergency access roads that shall be suitable for the passage of emergency vehicles in the event of a fire, accident or other emergency. Such roads shall be constructed only when no other viable alternative for emergency access exists. Any such proposal shall be subject to the terms of Chapter 315, Subdivision and Land Development, of the Township Code, shall have secured applicable approval from any other regulatory agencies, and shall be reviewed by the local fire company.
(d) 
Streets or roads.
(2) 
Prohibitive slope district (over 25%).
(a) 
Cuts and fills, provided that the finished grades of all cuts and fills shall not exceed 3:1 slope unless the applicant can demonstrate that steeper grades can be adequately stabilized and maintained.
(b) 
Stormwater management facilities or storm sewer systems.
(c) 
Logging and woodcutting, provided that such activity is limited to highly selective removal of trees and is conducted in accordance with Pennsylvania Department of Forestry standards.
(d) 
Extractive uses [excluding prohibited uses listed in Subsection C(4) of this section], when operated in accordance with recognized conservation practices and, as applicable, where approved by all regulatory agencies.
(e) 
Streets or roads with less than 12 feet vertical change in any one section.
C. 
Prohibited uses. The following uses are prohibited in the prohibitive slope district (over 25% slope):
(1) 
Buildings and structures.
(2) 
Individual on-lot sewage disposal systems, community or public sewer systems.
(3) 
Removal of topsoil.
(4) 
Soil, rock or mineral extraction.
(5) 
Streets or roads, except as noted in Subsection B(2)(e) of this section.
Administration of this article is governed by Article XXVIII of this chapter, in addition to the following requirements:
A. 
Application procedure. Before a conditional use, special exception or variance is granted on land within or affecting the Steep Slope Conservation District, the following material, in full or in pertinent parts, shall be submitted to the Board of Supervisors (or Zoning Hearing Board, in the case of special exception or variance applications) for review and recommendation by the Township Planning Commission.
(1) 
Site plan of the property indicating existing grades with contour lines at two-foot intervals and proposed grades within the area of the proposed construction. All areas of prohibitive and/or precautionary slope shall be shaded accordingly.
(2) 
Site plan with footprint of preferred building locations and area of all grading activities illustrating how, through the use of design and engineering, surrounding properties will not be adversely affected and uses permitted will cause minimal disturbance to the sites on which they will be located.
(3) 
Landscaping plan indicating proposed impervious surfaces, storm drainage facilities, retaining walls and ground cover, as well as trees and ornamental shrub locations.
(4) 
Architectural plans, elevations and cross sections.
(5) 
A statement, signed and sealed by a registered architect or engineer, explaining the building methods to be used to overcome foundation and other structural problems created by slope conditions, to preserving the natural watersheds, and to preventing soil erosion and excessive surface water runoff to neighboring properties and/or streets.
(6) 
Plan, profile and typical cross sections of any proposed driveway, with the seal of a registered professional engineer thereon.
(7) 
A statement, signed by the owner or future occupant at the time of subdivision, land development, or building permit application, that there is a full understanding of any difficulties associated with access stemming from steep slopes.
B. 
Additional criteria for review of special exceptions. In evaluating any application for special exception, the Zoning Hearing Board shall consider the following factors:
(1) 
The percent of slope on the site.
(2) 
The extent and proposed disturbance of the existing vegetative cover on the site.
(3) 
The soil types and underlying geology of the site.
(4) 
The length or extent of the slope both on the site in question and on adjacent lands within 200 feet or downslope of the site.
(5) 
Evidence that the proposed development, any impervious ground cover and the resultant disturbance to the land and existing vegetative cover will not cause runoff and/or related environmental problems on or off the site.
C. 
Uses and/or structures rendered nonconforming by the adoption of this district. Following the adoption of this article, any use or structure which is situated within the boundaries of the Steep Slope Conservation District and which does not conform to the permitted uses specified in § 390-98A of this article shall become a nonconforming use or structure, regardless of its conformance to the base zoning district in which it is located. The expansion or continuance of said nonconforming use or structure shall be governed by the requirements of Article XXVII of this chapter. However, the Zoning Hearing Board shall also ensure that the standards contained in § 390-99B of this article are applied to the expansion or continuance of said nonconforming use or structure.
D. 
Burden of proof. In all proceedings before the Zoning Hearing Board under this article, including application for special exception and variance from the provisions of this article, the burden of proof shall be on the applicant to show that the use required will be in general conformity with the objectives of this article, that proper safeguards will be observed, and that the use will not be detrimental to the public health, safety and welfare.