Conserving and protecting very steep slope areas from inappropriate development.

Regulating development that would cause excessive erosion and resultant promotion of increased runoff and downstream flood hazards.

Protecting the natural vegetative cover in steep slope areas, thereby reducing runoff and flooding potential.

Protecting the quality of surface and groundwater resources that may be threatened by indiscriminate grading and development in steep slope areas.

Sealed public water supply wells provided they have been approved by all regulatory agencies.

Sanitary or storm sewers, provided they have been approved by all regulatory agencies.

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.

The maximum elevation difference over which slope may be determined is 20 feet.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Road construction shall follow the natural topography to the maximum extent practicable, with cuts and grading minimized.

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.

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.

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.

Architectural plans, elevations, and sections.

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.

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.

Plan, profile, and typical cross-sections of any proposed street, emergency access, or driveway, with the seal of a registered professional engineer thereon.

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.

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.

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:

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.

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.

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.

Conditions of Approval of Modification(s) to Woodland Conservation Provisions.

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.

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.

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.

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.

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.

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:

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.

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.

As a part of the construction of a building or the construction or alteration of a street.

The surface of the lot shall not be graded to a level below that of adjoining streets.

Excavation shall not be conducted in a way that will leave loose boulders exposed.

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.

Provision is made by the applicant for restoration of natural groundcover and control of erosion.

A final grading plan be submitted to the Township for approval prior to initiation of the work.

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:

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].

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.

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.

Maintenance Exemption. Any maintenance to an existing stormwater management system made in accordance with plans and specifications approved by the Township.

Gardening. Use of land for gardening for home consumption.

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.

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."

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.

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.

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.

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:

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.

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.

Water Budget Impact Analysis.

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: