It is the purpose of this article to further promote public health, safety and general welfare of Township residents and to minimize environmental disturbance. The special purposes of this article are as follows:
A. 
Conserve and protect those areas of the Township which contain steep slopes from overdevelopment.
B. 
Prevent development which would cause accelerated soil erosion and promote increased flooding conditions.
C. 
Protect the quality of surface water resources which would be threatened by indiscriminate ground disturbance and development on hillsides in Steep Slope Districts.
D. 
Conserve the natural vegetative cover in Steep Slope Districts in order to reduce runoff volumes and velocities and flooding potential.
A. 
The Steep Slope District includes lands bearing slopes of 15% or greater. Slope shall be measured as the amount of vertical distance (rise) which occurs over a horizontal distance (run), using actual field survey and from data on the United States Geological Survey Topographic Map for the Wagontown Quadrangle using three consecutive two-foot contour intervals.
[Amended 5-30-1996 by Ord. No. 96-01]
B. 
The Steep Slope District is further divided and defined as follows:
(1) 
Moderate Slope District. This district includes all lands with slope measuring between 15 to 25%.
(2) 
Severe Slope District. This district includes all lands with slope in excess of 25%.
The Steep Slope District, based on the delineations cited in § 200-69, shall be deemed an overlay to the otherwise applicable zoning district, as defined by the West Brandywine Township Zoning Map.[1] Should the Steep Slope District be determined as inapplicable to any tract by reason of amendment by the Board of Supervisors, variance by the Zoning Hearing Board, or the decision of a court of competent jurisdiction, the underlying zoning provisions applicable to such tract shall be deemed the governing provisions and shall be enforced independent of this article.
[1]
Editor's Note: A copy of the Zoning Map is included in the pocket at the end of this volume. The official, most up-to-date version of the Zoning Map is on file in the office of the Township Zoning Officer.
A. 
To assist in the interpretation of Steep Slope District boundaries, any application for subdivision or land development shall delineate slopes from 15 to 25% and slopes greater than 25% using two-foot contour intervals. Areas with slope greater than 25% shall be identified on the plan through shading or some other means.
B. 
Initial interpretations of district boundaries shall be made by the Zoning Officer. All appeals contesting interpretations by the Zoning Officer shall be made to the Zoning Hearing Board. The burden of proof shall be on the party filing for the appeal hearing.
A. 
Permitted uses. The following uses shall be permitted in Steep Slope Districts so long as such use is in compliance with the base zoning district in all other provisions of this chapter:
(1) 
Moderate Slope Districts (15% to 25% slope):
(a) 
Wildlife sanctuary, woodland preserve, arboretum, passive recreation areas including open space associated with cluster development, or conservation use.
(b) 
Tree farming, forestry, and other agricultural uses when conducted according to conservation practices which prevent soil erosion and increased stormwater runoff than occurs prior to the use.
(c) 
Residential development contingent upon approval of Board of Supervisors as advised by the Township Engineer.
(d) 
Residential yard area of dwelling.
(2) 
Severe Slope District (25% + slope).
(a) 
Uses allowable under § 200-72A(1).
(b) 
Open space associated with cluster development so long as no more than 25% of the open space has a slope greater than 25%.
(c) 
Residential yard area of a dwelling not within a Steep Slope District, so long as no structure or paved area is within Severe Slope District.
B. 
Special exceptions. Any of the following uses shall be permitted as a special exception when authorized by the Zoning Hearing Board subject to requirements of this article and Article XIX. Consideration for granting of special exceptions shall include the extent to which the requested uses will disrupt the stability of soils and natural vegetation and contribute to erosion before and after construction.
[Amended 2-7-1985 by Ord. No. 85-01]
(1) 
Sealed public water supply wells provided they have been approved by all regulatory agencies.
(2) 
Sanitary or storm sewers, provided they have been approved by all regulatory agencies.
(3) 
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 Chapter 167, Subdivision and Land Development, of the Code of the Township of West Brandywine have been complied with, and approval from all regulatory agencies has been secured.
The following uses shall be prohibited in the Steep Slope District:
A. 
Cut and fill operations other than specifically associated with a permitted use or special exception.
B. 
Soil, rock or mineral extraction.
C. 
Structures other than those specified as a permitted use or special exception.
D. 
Sanitary sewers using on-site subsurface disposal fields on slopes of 25% or greater.
E. 
Streets, parking lots, and other impervious surfaces on slopes of 25% or greater, excluding private driveways associated with an approved single-family residence.
A. 
Moderate Slope Districts. The provisions of the underlying district shall govern the gross density area and bulk requirements except for the following regulations which shall apply specifically to lands within the Moderate Slope District:
(1) 
Maximum net density: one dwelling unit per two acres.
(2) 
Maximum building coverage: 5%.
(3) 
Maximum impervious coverage: 10%.
B. 
Severe Slope Districts. The provisions of the underlying district shall govern the gross density area and bulk requirements except for the following regulations which shall apply specifically to lands within the Moderate Slope District:
(1) 
Maximum net density: one dwelling unit per two acres.
(2) 
Maximum building coverage: 5%.
(3) 
Maximum impervious coverage: 6%.
In addition to the provisions established in Article XIX for special exception or variance, the following criteria shall be considered by the Zoning Hearing Board for applications which involve the Steep Slope District:
A. 
The applicant shall demonstrate that the proposed use shall not substantially alter the existing grade nor remove more than 5% of the existing vegetation.
B. 
The applicant shall demonstrate the importance of steep slope with respect to the proposed use.
C. 
The applicant shall demonstrate how emergency vehicles can safely reach the site.
D. 
The applicant shall submit the following information to assist the Board in its evaluation:
(1) 
A site plan of the property indicating existing grades with contour lines at two-foot intervals, including proposed final grades.
(2) 
A cross-section of the property indicating the location of buildings, structures, and grading operations, including proposed, final grades.
(3) 
A landscaping plan which identifies all trees with a diameter exceeding eight inches, measures three feet high, and locates trees and shrubs to be removed and to be planted.
(4) 
Architectural plans, where applicable, including materials and type of foundation to be used to overcome structural problems associated with the slope conditions. The plan shall also include how sewage disposal and water supply will be accommodated.
A. 
The delineation of the Steep Slope District boundaries may be modified by the Board of Supervisors should doubt arise as to the proper location. Modifications shall involve a recommendation by the Township Zoning Officer, the Township Planning Commission and the validation of any other agency having regulatory or advisory jurisdiction.
B. 
In the event an alleged discrepancy in district boundaries is upheld by the Zoning Hearing Board, the tract(s) in question shall not be bound by the regulations in this article, but to the regulations of the underlying zoning.