The purpose of this district is to expand upon the community development objectives associated with environmental protection and preservation of natural resources expressed in this chapter by:
A. 
Conserving and protecting those areas having Steep Slopes from excessive and inappropriate Development.
B. 
Preventing Development that would cause excessive erosion and consequently promote increased Flood crests and associated hazards both upstream and downstream.
C. 
Protecting the quality of stream water that would be threatened by excessive grading and Development in the Steep Slope Conservation Overlay District.
D. 
Protecting the vegetative cover in the Steep Slope Conservation Overlay District, thereby reducing runoff and flooding potential.
A. 
Compliance. No area within the Steep Slope Conservation Overlay District shall hereafter be used without full compliance with the terms of this district and other applicable regulations.
B. 
Intent and interpretation. The regulations of the underlying zoning districts shall apply, except when such regulations conflict with the provisions of this article, in which case the requirements of this article supersede the requirements of the underlying zoning district(s).
C. 
Municipal liability. Any determination that a proposed use complies with this district, or any approval of a Subdivision or Land Development Plan, or any issuance of a building permit within the Steep Slope Conservation Overlay District 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 article does not imply that areas not designated as containing Steep Slopes or Very Steep Slopes will always be free from the adverse effects of erosion or other effects of nearby Steep Slopes.
The Steep Slope Conservation Overlay District shall not be an independent Zoning District, but shall be a district overlay over all Zoning Districts within Chadds Ford Township.
A. 
The regulations of the Steep Slope Conservation Overlay District shall apply to all areas of Steep Slopes and Very Steep Slopes, as those terms are defined in § 135-9, within the Township.
B. 
The Applicant shall use an actual field topographic survey as a source of contour information and the basis for depicting Steep and Very Steep Slopes as described below. This field survey shall depict the subject Lot's topography at the time the Plan is submitted for review under this chapter.
C. 
All contours shall be shown at a two foot vertical change interval. All areas of Steep Slope and areas of Very Steep Slope shall be depicted clearly using hatching or shading to differentiate between the two areas.
D. 
The use regulations herein are only applicable where contiguous areas of Steep or Very Steep Slopes, or of any combination of these two categories, continue over a vertical grade change of six feet or more.
A. 
Areas of very steep slope.
(1) 
Uses permitted by right. The following uses shall be permitted by right:
(a) 
Agricultural uses not requiring Structure or conservation.
(b) 
Woodland preserves.
(c) 
Conservation and recreation not requiring Structures.
(d) 
Open Space associated with Planned Residential Developments (PRDs).
(2) 
Conditional uses. The following uses shall be Conditional Uses, subject to the provisions of Article XXVI:
(a) 
Conservation and recreation requiring Structures.
(b) 
Agricultural Structures or cultivation.
(c) 
Utilities, Easements, and Rights-of-Way.
(d) 
Accessory Structures to any uses otherwise permitted in Subsection A(1) above.
(e) 
Roads and driveways.
(f) 
Front, Side or Rear Yards, provided that no Structure is located less than 20 feet from the edge of a Very Steep Slope.
(3) 
Prohibited activities. Prohibited activities shall be as follows:
(a) 
Cut and fill, other than that related to uses permitted in Subsection A(1) and (2) hereof.
(b) 
Soil or rock extraction, other than that relating, to uses permitted in Subsection A(1) and (2) hereof.
B. 
Areas of steep slope.
(1) 
Uses permitted by right. The following uses shall be permitted by right:
(a) 
Any use permitted by right in Subsection A(1) hereof.
(2) 
Accessory uses.
(a) 
Replacement on-lot Sewage disposal Systems required by an existing residential Dwelling as a result of the failure of such Dwelling's existing Sewage disposal System, and for which no other viable replacement alternative exists as determined by the Township Sewage Enforcement Officer. Viable alternatives shall include, but not be limited to, the connection of the Dwelling to a Public or community Sewage disposal system, but shall not include pump and haul.
(3) 
Conditional uses. The following uses shall be Conditional Uses, subject to Article XXVI.
(a) 
Conditional uses listed in Subsection A(2) hereof.
(b) 
Single-family detached dwelling.
(c) 
Stormwater management facility.
(d) 
On-lot sewage disposal system.
(e) 
Sanitary sewer and sewage pumping station.
(f) 
Buildings or other structures permitted in industrial districts.
(g) 
Accessory Uses and Structures customarily incidental to the Conditional Uses set forth in this subsection.
(4) 
Prohibited activities. Prohibited activities shall be as follows:
(a) 
Cut and fill, off-site other than that related to uses permitted in Subsection B(1), (2) and (3) hereof.
(b) 
Soil or rock removal, other than that related to uses permitted in Subsection B(1), (2) and (3) hereof.
A. 
In addition to the standards described in Article XXVI relating to Conditional Uses, the Board of Supervisors shall consider the following aspects of a Conditional Use application when considering requests for a Conditional Use under this chapter:
(1) 
The extent to which the proposal would impact the topography; soils, and Vegetation and the methods proposed to mitigate potential adverse environmental impacts.
(2) 
The potential impact of the proposal on adjacent properties.
(3) 
The degree to which the proposal is consistent with the purposes in § 135-160 above.
B. 
Prior to approval of a Conditional Use application, the Applicant shall provide evidence that:
(1) 
The Development or use is being proposed in the Steep Slope Conservation Overlay District because no other location is feasible.
(2) 
Earthmoving activities and Vegetation removal will be conducted only to the extent necessary to accommodate proposed uses and Structures and in a manner that will not cause excessive surface water runoff, erosion, sedimentation, and unstable soil conditions.
(3) 
Mitigation techniques will be utilized, including, but not limited to, retaining walls, tree wells, the establishment of ground covers and/or low-spreading shrubs, the use of erosion-control fabric and the like. Such techniques shall be evidenced through the submission of Plans and Construction details which depict, delineate, and otherwise describe the Land Development proposal.
(4) 
Proposed Buildings and other Structures shall be of sound geotechnical engineering design, and footings shall be designed in response to the site's slope, soil, and bedrock characteristics. Such design shall be evidenced through the submission of Plans and Construction details that depict, delineate, and otherwise describe the Land Development proposal.
All applications for any use of land in the Steep Slope Conservation Overlay District shall be submitted to the Board of Supervisors and the Township Engineer and shall include the following materials and information:
A. 
Site survey of the Tract in question, leading to the submittal of a Plan of the property indicating existing grades with contour lines at two-foot intervals based on the United States geodetic datum.
B. 
Proposed grades within the area proposed for Development or use.
C. 
Landscape Plan indicating proposed paved areas, storm drainage facilities, retaining walls, tree removal and proposed tree replacement, ground cover, and shrubbery location. The modifications proposed to the existing land cover shall also be indicated.
D. 
Architectural Plans of the exterior and foundation of the proposed Structure.
E. 
Plan, profile and typical cross sections of the entrance drive and Street providing public access, with the seal of a registered professional engineer thereon.
F. 
A statement indicating all methods to be used in overcoming any structural or physical problems created by Steep Slopes, how the existing environment will be protected and how materials will be delivered to the Lot without disrupting the environment, signed and sealed by a registered architect or engineer. Seeding, sodding and other planting shall be applied to stabilize topsoil on Steep Slopes and to enhance the appearance of open areas.
G. 
A statement, signed by the Applicant at the time of Subdivision, Land Development, or building permit application, stating that there is a full understanding of all difficulties associated with access to sites containing or being near Steep or Very Steep Slopes.
H. 
A waiver of municipal or other liability for failure to provide, or difficulty in providing, emergency vehicle access to the subject Lot, granted by the Applicant. This waiver shall be in accordance with § 135-161C above and shall be Approved by the Township Solicitor prior to any grant of a Conditional Use under this chapter.