[Ord. 234, 2/7/2018, § III]
The Flood Hazard District, as defined in Chapter 8 (Flood Hazard District), Article IV (Identification of Floodplain Areas), shall be an overlay district to the otherwise applicable zoning district(s) delineated on the East Vincent Township Zoning Map. In addition to the provisions of the underlying zoning districts applicable thereto, all tracts of ground included in the Flood Hazard District shall be subject to and comply with Chapter 8 (Flood Hazard District). Where the provisions contained in Chapter 8 (Flood Hazard District) and this chapter 27 (Zoning) conflict, the more stringent provision shall apply.
[Ord. 162, 6/12/2002, § 1502; as amended by Ord. 179, 12/1/2004]
1. 
Purpose. This section is intended to promote the health, safety and general welfare and to minimize negative environmental impacts by:
A. 
Conserving and protecting very steep slope areas from inappropriate development.
B. 
Regulating development that would cause excessive erosion and resultant promotion of increased runoff and downstream flood hazards.
C. 
Protecting the natural vegetative cover in steep slope areas, thereby reducing runoff and flooding potential.
D. 
Protecting the quality of surface and groundwater resources that may be threatened by indiscriminate grading and development in steep slope areas.
2. 
Prohibited Uses on Very Steep Slope Areas (Greater than 25%). The erection of buildings or streets, the installation of subsurface sewage disposal systems, and the disturbance or removal of topsoil on land sloping greater than 25% shall be prohibited except as provided below.
3. 
Uses Permitted Subject to Special Exception or Conditional Use Approval in Areas of Very Steep Slope (Greater than 25%). Any of the following uses shall be permitted as a special exception when authorized by the Zoning Hearing Board, or may be approved by the Board of Supervisors as a conditional use where otherwise subject to application for conditional use approval. Any approval or authorization shall be subject to the requirements of this section. In consideration of any such approval or authorization, the Zoning Hearing Board or Board of Supervisors, as applicable, shall consider the extent to which the proposed use or uses may disrupt the stability of soils and natural vegetation and contribute to erosion during and after construction:
A. 
Sealed public water supply wells provided they have been approved by all regulatory agencies.
B. 
Sanitary or storm sewers, provided they have been approved by all regulatory agencies.
C. 
Access roads that shall be suitable for the passage of emergency vehicles in the event of fire or accident. Such roads shall be constructed only when no viable alternative for emergency access exists, and so long as the terms of East Vincent Township Subdivision and Land Development Ordinance [Chapter 22] have been complied with and approval from all regulatory agencies has been secured.
4. 
Permitted Uses on Steep Slope Areas (15% to 25%). Except as provided in Subsections 2 and 3, above, all uses permitted under applicable base zoning provisions shall be permitted in steep slope areas subject to the provisions of this section.
5. 
Determination of Slope. In determining the area of steeply sloping land on any site, the following rules shall apply:
A. 
The maximum elevation difference over which slope may be determined is 20 feet.
B. 
The limit of steeply sloping areas is to be determined by the first contour interval over which 15% slopes occur or, in the case of very steep slope areas, over which 25% or greater slopes occur, and steep slope areas may not be averaged over areas of lessor slopes.
C. 
Areas of very steep slope consisting of two contour intervals and less than 1,000 square feet in extent may be excluded, provided that they do not adjoin or abut larger areas of steep slopes, as defined herein.
D. 
Small areas of less than steep slope occurring in the midst of larger areas of steep slope shall be averaged into the adjoining steep slope area.
E. 
For the purpose of lot area calculation, the total area of steep slope shall be carefully measured and enumerated on the plan with respect to their occurrence in each of the individual lots proposed.
F. 
Where topographic data is not available and submission thereof not otherwise required, areas mapped as sloping 15% or more on the Land Resources Map in the East Vincent Township Open Space, Recreation and Environmental Resources Plan shall be considered steep slope areas, except where applicant has demonstrated otherwise to the satisfaction of the Township.
6. 
Standards for Development or Disturbance of Any Steep Slope Areas. The following standards are applicable to all uses located wholly or partly within any steep slope areas as defined in Part 2 herein:
A. 
All grading shall be minimized, and no grading shall be undertaken within any steep slope areas except in accordance with the terms of this section.
B. 
The proposed development, any impervious ground cover, and the resultant disturbance to the land and existing vegetative cover shall not cause runoff and/or related environmental problems off the site.
C. 
Removal of, or disturbance to, existing vegetation on the site shall be minimized. The proposed impacts on existing vegetation shall be evaluated in terms of the potentially detrimental effects on slope stability, erosion potential, transpiration and recharge of stormwater, aesthetic and traditional characteristics of the landscape, and existing drainage patterns. Mitigation measures including, but not limited to, site redesign, slope stabilization and use of retaining walls may be required by the Township as it deems appropriate.
D. 
To the maximum extent practicable, important visual qualities of the site shall be preserved; in addition to vegetation, these may include hilltops or ridgelines, rock outcroppings, and the natural terrain.
E. 
Road construction shall follow the natural topography to the maximum extent practicable, with cuts and grading minimized.
F. 
Where development in steep slope areas is necessary, the use of innovative, imaginative building techniques that are well-suited to steep slope conditions and consistent with other applicable codes and regulations is encouraged. Examples include building foundation walls to the slope without alteration of natural grade beyond the building footprint or use of other foundation systems that minimize the area of disturbance to natural grade.
7. 
Application Procedures. Before a permit is issued for any construction or land disturbance activity on land within or affecting steep slope areas, the following material, in full or in pertinent parts, shall be submitted for review by the Township Engineer:
A. 
An earthmoving plan of the property that indicates existing grades, with contour lines at two-foot intervals. Proposed grades within the area of any proposed activity, disturbance, or construction also shall be shown. All steep slope areas shall be shaded.
B. 
A site plan indicating existing and proposed structures, easements, on-site sewage facilities, on-site water supply wells, other impervious surfaces, storm drainage facilities, and retaining walls. The site plan also shall locate and identify existing vegetation and ground cover within steep slope areas, as well as proposed landscape material(s) to be installed.
C. 
Architectural plans, elevations, and sections.
D. 
A statement, signed and sealed by a registered architect or engineer, explaining the building methods to be used in overcoming foundation and other structural problems created by steep slope conditions, preserving the natural watersheds, and preventing soil erosion and excessive surface water runoff to neighboring properties and/or streets.
E. 
An erosion and sedimentation control and drainage plan, prepared by an engineer, as it applies to all site disturbance activities including maintenance of the erosion and sedimentation control structures. The drainage plan shall show all drainage features and structures, with supporting calculations documenting how all on-site stormwater runoff will be retained, conveyed, and discharged.
F. 
Plan, profile, and typical cross-sections of any proposed street, emergency access, or driveway, with the seal of a registered professional engineer thereon.
G. 
A statement, signed by the owner or future occupant at the time of subdivision, land development, conditional use, special exception or building permit application, that there is a full understanding of any difficulties associated with access across steep slopes.
H. 
No approval or building permit shall be authorized by the Code Enforcement Officer without the Township Engineer's review of this material and his recommendation provided thereon.
8. 
Burden of Proof. In all proceedings before the Zoning Hearing Board under this section, including application for special exception and variance from the provisions of this section, the burden of proof shall be on the applicant to show that the use proposed will be in general conformity with the objectives of this section, that proper safeguards will be observed and that the use will not be detrimental to the public health, safety, and welfare.
9. 
Municipal Liability. Any determination that a proposed use complies with this chapter, or any approval of a subdivision or land development plan, or any issuance of a zoning, building, or use permit within or near steep or very steep slope areas shall not constitute a representation, guarantee, or warranty of any kind by the Township or by any official or employee thereof, of the practicability or safety of the proposed use and shall create no liability upon the Township, its officials or employees. This chapter does not imply that areas outside defined steep or very steep slope areas or land uses permitted within steep or very steep slope areas will always be totally free from the adverse effects of erosion, or other effects of nearby steep or very steep slopes.
[Ord. 162, 6/12/2002, § 1503; as amended by Ord. 179, 12/1/2004]
1. 
Purpose. This section is intended to promote conservation of woodland, hedgerow and specimen vegetation throughout the Township through establishment of specific limitations to land development activities, replacement requirements, and management planning provisions.
2. 
Applicability.
A. 
Any land disturbance resulting from or in connection with any activity or use requiring any of the permits or approvals mentioned in the following subparagraphs (1), (2), (3) or (4) of this section shall comply with the provisions of § 22-429.2 of the East Vincent Subdivision and Land Development Ordinance ("Woodland Conservation Provisions") [Chapter 22] which are incorporated herein by this reference:
(1) 
Building permit, except as provided in Subsection 2B below.
(2) 
Zoning variance, except as provided in Subsection 2C below.
(3) 
Special exception, except as provided in Subsection 2C below.
(4) 
Conditional use, except as provided in Subsection 2D below.
It is the intention of this section that the provisions of § 22-429.2 of the East Vincent Subdivision and Land Development Ordinance [Chapter 22] shall apply independently under this chapter only where the use or activity is one of those herein noted; and, the Subdivision and Land Development Ordinance [Chapter 22] does not otherwise apply to the proposed use or activity. Therefore, where any activity requiring any of the foregoing permits or approvals also is subject to subdivision or land development review, there shall be no requirement for additional review under this chapter. Further, where and to the extent that modification(s) of any of the provisions of said § 22-429.2 has/have been approved by the Board of Supervisors in connection with any subdivision or land development review, the said requirements shall not be independently enforced pursuant to this chapter.
B. 
Provision for Modification of Woodland Conservation Provisions as Applicable to a Building Permit Application. On any lot of record at the time of enactment of this section, the Code Enforcement Officer may issue a permit for building activity in accordance with applicable zoning district regulations where such building activity requires modification to the provisions of § 22-429.2 of the East Vincent Subdivision and Land Development Ordinance [Chapter 22], subject to grant of a special exception by the Zoning Hearing Board specifying approval of and conditions to any such modification, and conforming to the provisions of Subsection 2C below.
C. 
Provision for Modification of Woodland Conservation Provisions as Applicable to Any Application Before the Zoning Hearing Board. Where any applicant for any activity requiring a zoning variance or special exception demonstrates to the satisfaction of the Zoning Hearing Board that strict adherence to the provisions of § 22-429.2 of the East Vincent Subdivision and Land Development Ordinance [Chapter 22] will render the lot or tract subject to Application unusable or unsuitable for development or use in accordance with applicable zoning district regulations, or demonstrates that alternative design provisions shall achieve similar conservation objectives, the Zoning Hearing Board may, as a specific condition of approval of such variance or special exception, modify by reducing strict reduce strict compliance as appropriate, subject to Subsection 2E below.
D. 
Provision for Modification of Woodland Conservation Provisions as Applicable to Any Application Before the Board of Supervisors. Where any applicant for any activity or use requiring conditional use approval demonstrates to the satisfaction of the Board of Supervisors that strict adherence to the provisions of § 22-429.2 of the East Vincent Subdivision and Land Development Ordinance [Chapter 22] will render the lot or tract subject to application unusable or unsuitable for development or use in accordance with applicable zoning district regulations, or demonstrates that alternative design provisions shall achieve similar conservation objectives, the Board of Supervisors may, as a specific condition of conditional use approval, reduce strict compliance as appropriate, subject to Subsection 2E below.
E. 
Conditions of Approval of Modification(s) to Woodland Conservation Provisions.
(1) 
In reducing strict compliance with woodland conservation provisions, the Zoning Hearing Board or Board of Supervisors, as applicable, may require that land disturbance be limited to the minimum practicable extent necessary to accommodate lawful use of the tract or lot and/or may require that alternative means to achieve woodland conservation objectives be incorporated into applicable plans.
(2) 
The Zoning Hearing Board or Board of Supervisors, as applicable, may agree to reduce applicable woodland replacement requirements, where satisfied that existing site conditions (i.e., a fully wooded lot), safety considerations, or other landscape or climatic considerations (i.e., sun versus shade) warrant such reduction.
(3) 
The Zoning Hearing Board or Board of Supervisors, as applicable, may condition approval of any modifications to woodland conservation provisions on the establishment of conservation casement(s) or deed restriction(s) in form acceptable to the Township.
[Ord. 162, 6/12/2002, § 1504; as amended by Ord. 179, 12/1/2004]
1. 
Purpose. This section is intended to address the multiple water resource protection benefits provided by riparian buffer areas, including the following:
A. 
Reduction of the amount of nutrients, sediment, organic matter, pesticides, and other harmful substances that reach watercourses through subsurface and surface flow pathways through scientifically proven natural processes including filtration, deposition, absorption, adsorption, plant uptake, and denitrification, and by improving infiltration, sheet flow, and stabilizing concentrated flows. The consumption of nitrogen and denitrification in surface and groundwater and the trapping of phosphorus-laden sediment and other pollutants resulting from adjacent land uses, thereby protecting water quality are critical.
B. 
Provision of shade that moderates stream temperature and protects fish habitat by retaining more dissolved oxygen and encouraging the growth of diatoms, beneficial algae and aquatic insects.
C. 
Provision for stream bank stability that protects fish habitat and controls sediment and erosion. Tree roots consolidate the soils of floodplain and stream banks, reducing the potential for severe bank erosion.
D. 
Provision of organic matter through leaves which fall into the stream and are trapped on woody debris (fallen trees and limbs) and rocks where they provide food and habitat for small bottom dwelling creatures (such as insects, amphibians, crustaceans and small fish) which are critical to the aquatic food chain.
E. 
Conserves the natural features important to land or water resource (e.g., headwater areas, groundwater recharge zones, floodway, floodplain, springs, streams, woodlands, prime wildlife habitats) which exist on developed and undeveloped land.
2. 
Applicability.
A. 
Any land disturbance resulting from or in connection with any activity or use requiring any of the permits or approvals mentioned in the following subparagraphs (1), (2), (3) or (4) of this section shall comply with the provisions of § 22-429.3 of the East Vincent Subdivision and Land Development Ordinance ("Riparian Buffer Provisions") [Chapter 22] which are incorporated herein by this reference:
(1) 
Building permit, except as provided in Subsection 2B below.
(2) 
Zoning variance, except as provided in Subsection 2C below.
(3) 
Special exception, except as provided in Subsection 3C below.
(4) 
Conditional use, except as provided in Subsection 2C below.
It is the intention of this section that the provisions of § 22-429.2 of the East Vincent Subdivision and Land Development Ordinance [Chapter 22] shall apply independently under this chapter only where: the use or activity is one of those herein noted; and, the Subdivision and Land Development Ordinance [Chapter 22] does not otherwise apply to the proposed use or activity. Therefore, where any activity requiring any of the foregoing permits or approvals also is subject to subdivision or land development review, there shall be no requirement for additional review under this chapter. Further, where and to the extent that modification(s) of any such riparian buffer provisions has/have been approved by the Board of Supervisors in connection with any subdivision or land development review, the said requirements shall not be independently enforced pursuant to this chapter.
B. 
Provision for Modification of Riparian Buffer Provisions as Applicable to a Building Permit Application. On any lot of record at the time of enactment of this section, the Code Enforcement Officer may issue a permit for building activity in accordance with applicable zoning district regulations where such building activity requires modification to the riparian buffer provisions, subject to grant of a special exception by the Zoning Hearing Board, specifying approval of and conditions to any such modification, and conforming to the provisions of Subsection 2C below.
C. 
Provision for Modification of Riparian Buffer Provisions as Applicable to Any Application Before the Zoning Hearing Board or Board of Supervisors. Where any applicant for any activity requiring a permit or approval from the Zoning Hearing Board or the Board of Supervisors demonstrates to the satisfaction of the Zoning Hearing Board or Board of Supervisors, as applicable, that strict adherence to the riparian buffer provisions will render the lot or tract subject to the application unusable or unsuitable for development in accordance with applicable zoning district regulations, or demonstrates that alternative design provisions shall achieve similar conservation objectives, the Zoning Hearing Board or Board of Supervisors, as applicable, may, as a specific condition of approval, modify by reducing strict compliance as appropriate. In reducing strict compliance with riparian buffer provisions, the Board may require that land disturbance within the riparian buffer area be limited to the minimum practicable extent necessary to accommodate lawful use of the tract or lot and may require that alternative means to achieve the conservation objectives, above, be incorporated into applicable plans. Any request for such reduction of strict compliance hereunder to the Board of Supervisors shall be deemed to be and shall be processed as a conditional use application. Similarly, any such request before the Zoning Hearing Board shall be deemed to be and shall be processed as a special exception application. In approving any application for modification, The Zoning Hearing Board or Board of Supervisors, as applicable, may condition approval of any modifications to riparian buffer provisions on the establishment of conservation easement(s) or deed restriction(s) in form acceptable to the Township.
[Ord. 162, 6/12/2002, § 1505; as amended by Ord. 179, 12/1/2004]
1. 
The following shall apply in all districts. The excavation of clay, sand, gravel, rock and other minerals shall be permitted, and the material thus excavated may be sold and/or removed from the subject property (excluding topsoil) only under the following conditions:
A. 
As a part of the construction of a building or the construction or alteration of a street.
B. 
The surface of the lot shall not be graded to a level below that of adjoining streets.
C. 
Excavation shall not be conducted in a way that will leave loose boulders exposed.
D. 
A minimum of four inches of topsoil shall cover disturbed areas and be reseeded with an appropriate groundcover as required by the Chester County Conservation District (See Section 102, Department of Environmental Protection), but in no case, shall such preventive measures take place beyond 30 days of removal of excavated material. The Township Engineer may modify these minimum standards on a case by case basis for purposes of addressing unique circumstances, such as planting during drought conditions, type of underlying bedrock, erosion and sedimentation objectives, etc.
E. 
Provision is made by the applicant for restoration of natural groundcover and control of erosion.
F. 
A final grading plan be submitted to the Township for approval prior to initiation of the work.
[Ord. 162, 6/12/2002, § 1506; as amended by Ord. 179, 12/1/2004]
For any activity within East Vincent Township requiring the submission of a wetland delineation report, stream or wetland encroachment permit, or mitigation plan to the Pennsylvania Department of Environmental Protection and/or U.S. Army Corps of Engineers, copies of all such documentation shall be submitted to the Township Code Enforcement Officer within 10 days of submission to the requiring agency. The Code Enforcement Officer shall distribute that documentation to the Township Engineer, and to the Township Planning Commission, Zoning Hearing Board, or Board of Supervisors, at their next available meeting for review and comment, if determined by the Code Enforcement Officer, in coordination with the Planning Commission, Zoning Hearing Board, or Board of Supervisors, to be relevant to a pending conditional use, special exception, variance, or subdivision application before the Township.
[Ord. 162, 6/12/2002, § 1507; as amended by Ord. 179, 12/1/2004]
1. 
Applicability.
A. 
Subject to exemption or modification as provided hereinafter, the provisions of § 22-307.3, "Conservation Plan," § 22-307.4, "Stormwater Management Plan," and § 22-426, "Stormwater Management," of the East Vincent Township Subdivision and Land Development Ordinance [Chapter 22] shall apply to any use or activity and to any change in use or activity involving any of the following:
(1) 
Any addition of impervious or semi-pervious cover or storage of impervious or semi-pervious materials exceeding 1,500 square feet or involving land disturbance exceeding 5,000 square feet.
(2) 
Any installation of stormwater management facilities or appurtenances thereto or any diversion or piping of any natural or man-made stream channel.
(3) 
Any situation where the Township Engineer determines that surface or subsurface drainage could impair public safety or cause physical damage to adjacent lands or public property.
(4) 
Any stormwater runoff entering into the Township's separate storm sewer system(s) from lands within the boundaries of the Township.
B. 
Where any applicable use, activity, or change in use or activity, as provided in Subsection 1 above, requires approval of any building or zoning permit, zoning variance, special exception or conditional use, such approval or permit shall be conditioned upon compliance with applicable provisions of said §§ 22-307.3 and 22-426 of the East Vincent Township Subdivision and Land Development Ordinance [Chapter 22].
C. 
It is the intention of this section that the provisions of said §§ 22-307.3 and 22-426 of the Subdivision and Land Development Ordinance [Chapter 22] shall apply independently under this chapter only where the Subdivision and Land Development Ordinance [Chapter 22] does not otherwise apply to the proposed use or activity. Therefore, where any use, activity, permit or approval is also subject to subdivision or land development review, there shall be no requirement for additional review under this chapter. Further, where and to the extent that modification(s) of any of the provisions of said §§ 22-307.4 and 22-426 has/have been approved by the East Vincent Township Board of Supervisors in connection with any subdivision or land development review, the said requirements shall not be independently enforced pursuant to this chapter.
2. 
Exemptions. Subject to the approval of the Township and to the extent applicable, the following activities may be exempted from some or all of the requirements of §§ 22-307.4 and 22-426 of the Subdivision and Land Development Ordinance [Chapter 22] where the Township is satisfied that stormwater runoff, erosion and sedimentation, and water quality issues are otherwise adequately addressed.
A. 
Emergency Exemption. Emergency maintenance work performed for the protection of public health, safety and welfare. A written description of the scope and extent of any emergency work performed shall be submitted to the Township within two calendar days of the commencement of the activity. If the Township finds that the work is not an emergency, then the work shall cease immediately and the requirements of this chapter shall be addressed as applicable.
B. 
Maintenance Exemption. Any maintenance to an existing stormwater management system made in accordance with plans and specifications approved by the Township.
C. 
Gardening. Use of land for gardening for home consumption.
D. 
Agricultural Activities. Agriculture when operated in accordance with a conservation plan or erosion and sedimentation control plan approved by the Chester County Conservation District, including activities such as growing crops, rotating crops, tilling of soil and grazing animals. Installation of new or expansion of existing farmsteads, animal housing, waste storage and production areas having impervious surfaces that result in a new increase in impervious of greater than 1,500 square feet shall be subject to the provisions of this chapter.
E. 
Forest Management. Forest management operations, which are consistent with a sound forest management, plan, as filed with the Township and which follow the Pennsylvania Department of Environmental Protection's management practices contained in its publication "Soil Erosion and Sedimentation Control Guidelines for Forestry."
3. 
Modifications.
A. 
For any use or activity subject to subdivision or land development review, modification(s) to the provisions of §§ 22-307.4 and 22-426 of the East Vincent Township Subdivision and Land Development Ordinance [Chapter 22] may be requested, which modification(s) may be granted at the discretion of the Board of Supervisors pursuant to the provisions of that ordinance.
B. 
For any use or activity not subject to subdivision or land development review, but where the use or activity is subject to application for approval of a conditional use, special exception, or zoning variance, or where such prior approval failed to address stormwater management issues to the extent necessary to comply with the provisions of §§ 22-307.4 and 22-426 of the Subdivision and Land Development Ordinance [Chapter 22], modification(s) to the provisions of said §§ 22-307.4 and 22-426 may be requested as part of such application.
C. 
For any use or activity not otherwise subject to permit or approval as provided in Paragraphs A or B above, modification(s) to the provisions of said §§ 22-307.4 and 22-426 may be requested in the form of an application for grant of a special exception to the East Vincent Township Zoning Hearing Board. Such applications shall be submitted to the East Vincent Township Planning Commission for review and comment prior to formal special exception application to the Zoning Hearing Board.
D. 
In approving any application pursuant to Paragraphs B or C above, the Zoning Hearing Board or Board of Supervisors, as applicable, as a condition of approval of such application, may permit specific modification(s) to the provisions of said §§ 22-307.4 and 22-426 subject to the following:
(1) 
The Zoning Hearing Board or Board of Supervisors, as applicable, shall determine that the specific nature of the lawful use or activity, existing site conditions, or safety considerations warrant such modification(s).
(2) 
Permitted modifications shall be consistent with the purposes of said §§ 22-307.4 and 22-426.
4. 
Compatibility with other Requirements. Approvals issued and actions taken in accordance with this section do not relieve any applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, law, regulation or ordinance, specifically including but not limited to the East Vincent Township Grading Ordinance, Ord. 93, 12/20/1989 [Chapter 9, Part 1]. To the extent that the requirements set forth herein are in conflict with or otherwise differ from any other applicable regulation, the more stringent provision(s) shall apply.
5. 
Review and Approval. The stormwater management plan and conservation plan shall be reviewed by the Township Engineer and approved where consistent with all applicable standards and requirements or conditionally approved subject to compliance with any applicable standards or requirements specified by the Township Engineer. Where the Township Engineer specifically disapproves the subject plan or plans, applicable subdivision or land development plans or building or zoning permit(s) shall not be approved. Plan review shall occur concurrently with review of applicable subdivision or land development plans or building or zoning permit application which they accompany. Notwithstanding any other stipulation of this chapter or of the Subdivision and Land Development Ordinance [Chapter 22], the Township Engineer shall have a minimum of 30 days, commencing upon receipt of a complete submission, to review applicable plans and submit a report thereon to the Township Zoning Officer, Planning Commission and/or Board of Supervisors as applicable.
[Ord. 162, 6/12/2002, § 1508; as amended by Ord. 179, 12/1/2004]
1. 
Water Budget Impact Assessment and Mitigation.
A. 
Purpose. The purpose of this section is not to regulate the quantity of any groundwater withdrawal, but to support the efforts of the Sustainable Watershed Management Program undertaken on behalf of the Federation of Northern Chester County Communities to guarantee that water use and/or consumption does not exceed sustainable groundwater and surface water supplies or is subject to appropriate mitigation measures.
B. 
Applicability. Any use, subdivision or land development meeting one or more of the following criteria shall submit a water budget impact analysis to the Township. The required water budget impact analysis shall be submitted at the time of preliminary subdivision or land development submission, conditional use application, or application for building permit or use and occupancy permit, as applicable.
(1) 
Any use resulting in spring or surface water collection for off-site consumption or any bottling operation.
(2) 
Any nonresidential use which requires or potentially requires use of water in excess of 2,500 gallons per day (gpd).
(3) 
Any use, subdivision or land development to be served by any sewage disposal system which is not a land-based best management practice as delineated in the East Vincent Township Subdivision and Land Development Ordinance [Chapter 22] (e.g., "package" stream discharge systems).
(4) 
Any use, subdivision or land development on a lot or tract greater than one acre in area, and involving greater than 50% impervious coverage on the subject lot or tract.
(5) 
Any use, subdivision or land development involving stormwater management systems not capable of full groundwater recharge (infiltration) of all rainfall events up to the two-year storm, except those within the MR, HR, GC, PO, and GI Districts, and LR District when public utilities are proposed to serve the development. For the purposes of this section, the volume of water comprising the two-year storm shall be measured as the difference between the volume of stormwater runoff generated by the two-year storm predevelopment and the volume generated postdevelopment on the subject lot or tract. Predevelopment calculations shall assume "meadow-good" coverage conditions regardless of actual coverage.
C. 
Water Budget Impact Analysis.
(1) 
The purpose of the water budget impact analysis is to determine if the consumptive water use ("water demand") of the proposed use in question exceeds the maximum allowable water budget reduction consistent with sustainable watershed management standards as applied to the site in question ("water supply"). Appropriate calculations shall be made as provided below and shall be submitted to the Township Engineer for review and confirmation. Confirmation of the results of the water budget impact analysis and, where required, conditional use approval of the water budget impact mitigation, as provided below, shall be prerequisite to issuance of subdivision/land development approval, conditional use approval, building permit or use and occupancy permit, as applicable.
(2) 
The required water budget impact analysis shall include the following:
(a) 
The applicant shall submit calculations of "water demand," as follows:
1) 
The applicant shall estimate total average daily water use (gpd) for the proposed use, subdivision, or land development.
2) 
The applicant shall estimate total average daily water consumption, where water consumption equals total average daily water use downwardly adjusted by that quantity which is recycled through land-based wastewater treatment.
3) 
The applicant shall equate total average daily water consumption to "water demand" in gpd.
(b) 
The applicant shall calculate "water supply."
1) 
The applicant shall establish the total area in acres of the lot or tract upon which the subject use is located, excluding any area used to calculate the "water supply" for any other use.
2) 
The applicant shall refer to the appropriate sustainable watershed management program standards (numerical values) for the sub-basin within which the subject use is located, using the following maps appended to this chapter:
a) 
"Map of Maximum Allowable Consumptive Loss Standards by Subbasin."
b) 
"Map of Q7-10 Low Stream Flow Values by Subbasin."
3) 
The applicant shall calculate "water supply" as the product of (area in acres) X (applicable maximum allowable consumptive loss percentage) X (applicable Q7-10 low stream flow value in gpd/acre) = "water supply" in gpd.
Where the lot or tract upon which the subject use is located is situated in more than one subbasin, the applicable numerical values referenced above may be prorated proportionally to the amount of land area in each subbasin.
(3) 
If "water demand" is greater than "water supply," the proposed use shall be classified as a special water use.
D. 
Mitigation Requirements for Special Water Uses. Special water uses shall be permitted subject to conditional use approval by the Board of Supervisors in accordance with the provisions of Part 19 and based upon approval of a water budget impact mitigation plan designed to mitigate the impacts of water budget exceedance, where "water demand" exceeds "water supply." The water budget impact mitigation plan shall demonstrate use of one or more methods to achieve adequate mitigation of water budget impact(s) including, but not limited to, the following:
(1) 
Reduction in water demand by reducing total water usage and/or reducing the consumptive fraction of that total water usage.
(2) 
Provision of additional land area within the same sub-basin restricted from further water consumption to an extent adequate to balance the exceedance. Such provision may involve any type of permanent conveyance, restriction or reservation satisfactory to the Township, potentially including fee simple acquisition, establishment of conservation easements, and/or purchase of transferable development rights.
(3) 
Establishment of reforestation lands or other types of actions which will increase the water supply, calculated as provided herein.
(4) 
Satisfactory demonstration that the water supply will not in fact be exceeded over time due to specific water use restrictions which can be monitored and enforced (e.g., commitment to reduce and/or eliminate water usage during dry periods, etc.)