West Vincent Township
City Zoning Code
City Zoning Code
ARTICLE XXIV
Water Resource Protection Overlay District
§ 390-176 Findings of fact.
A.
Section 603(b) of the Pennsylvania Municipalities Planning Code[1] (Act 247), as amended, allows zoning ordinances to permit, prohibit, regulate, restrict and determine uses of land, watercourses and other bodies of water for the protection and preservation of natural resources.
[1]
Editor's Note: See 53 P.S. § 10603(b).
B.
Section 603(d) of the Pennsylvania Municipalities Planning Code[2] (Act 247), as amended, allows zoning provisions which regulate the siting, density and design of residential, commercial, industrial and other developments in order to assure the availability of reliable, safe and adequate water supplies to support the intended land uses within the capacity of available water resources.
[2]
Editor's Note: See 53 P.S. § 10603(d).
C.
The Township of West Vincent is a unique hydrological entity in that a significant portion of Township residents rely on the groundwater supply as their sole source of potable water.
D.
The aquifers used for the water supply are mainly water table or semi-confined aquifers, which are recharged or replenished primarily from rainfall.
E.
Water recharge to the water table aquifer occurs throughout the Township of West Vincent; however, the areas identified as water resource protection areas have the greatest potential for recharge due to favorable soil, vegetative and hydrogeologic conditions.
F.
Continued development in the recharge areas will decrease the recharge capability because fewer natural areas will be available to absorb rainfall and will increase the volume and speed of surface water runoff, which in turn will increase the amount of water lost to streams and to evapotranspiration.
G.
The natural vegetation and soil associations within the water resource protection area provide superior filtration of waters recharging the water table aquifers, therefore reducing the amounts of natural and man-made contaminants reaching the groundwater supply.
H.
Uncontrolled drainage or uncontrolled alteration of the natural environment through the construction of roads, fill of land, grading or excavation will adversely affect the relationship between surface waters and the recharging of groundwater.
I.
While certain types of development will have no adverse effects on the beneficial aspects of the water resource protection area, or may actually enhance positive qualities, uncontrolled development will cause substantial destruction of the potential abilities of this area to sustain adequate and quality water supplies for the current and future residents of the Township of West Vincent.
J.
Uncontrolled development in water resource protection areas may seriously impair both the water quantity and quality available from Township aquifers. Such a situation could ultimately lead to water shortages and water quality problems. These problems would result in the disruption of public and private activities, burdensome public expenditures for importing and/or treating water supplies, potential injury to persons, and loss of the enjoyment of property, all of which adversely affect the public health, safety and general welfare.
§ 390-177 Statement of purpose.
It is the purpose of this article to promote the public health, safety and general welfare and to minimize those losses described in § 390-176 above by establishing provisions designed to:
A.
Protect the water resources of the Township of West Vincent.
B.
Prevent development or use of land in the water resource protection area in a manner tending to affect adversely the quality or quantity of water recharged to aquifers.
C.
To minimize adverse effects on the natural balance of soils, vegetation, natural drainage, and subsurface features which contribute to beneficial filtering of contaminants and recharge of waters to aquifers.
D.
To regulate or prevent the erection of structures or location of uses in water resource protection areas which may have a substantial adverse effect on water quality by virtue of the creation, handling or disposal of potentially harmful substances.
§ 390-178 Protection standards.
To meet the purposes and goals of this article, the regulations contained herein shall apply to any applicable activity, development or improvement within the water resource protection area. Where two or more natural features overlap, the restriction on the feature with the higher protection standard shall be used. The standards contained herein shall be minimum standards to be met and maintained. Standards established by other Township ordinances or by state and federal rules and regulations shall apply where those standards are more restrictive than the standards set forth herein. All applicable use regulations, minimum lot areas, area and bulk regulations, as set forth for base zoning districts in this chapter, shall be also be met.
§ 390-179 Water resource protection area.
A.
Definition. The water resource protection area coincides with local and regional recharge areas and areas susceptible to groundwater and surface water contamination and includes all of the following areas:
(1)
The areas designated on the Water Resource Protection Area Map[1] of this chapter as susceptible to surface water contamination. These areas include those designated as local recharge/discharge areas and which overlap with the following:
(a)
Areas within the Steep Slope Conservation District as defined in Article XVII of this chapter, or
(b)
Those areas designated as high water table soils. Such areas typically include the following soil types:
Bowansville silt loam (Bo) |
Chewacla (Ch) |
Congaree silt loam (Ch) |
Croton silt loam (Cr) |
Glenville silt loam (Gn) |
Glenville very stony silt loam (Gs) |
Montalto channery silt loam (Mo) |
Montalto very stony silt loam (Mr) |
Readington silt loam (Rd) |
Rowland silt loam (Ro) |
Wehadkee silt loam (We) |
Worsham silt loam (Wo) |
Worsham very stony silt loam (Ws) |
[1]
Editor's Note: The Water Resource Protection Area Map is included with the overlay district maps as an attachment to this chapter.
(2)
The areas designated on the Water Resources Protection Area Map of this chapter as susceptible to groundwater contamination, including but not limited to the following:
(a)
The areas designated as shallow soils or soils too permeable. Such soils typically include the following soil types:
Brandywine loam (Br) |
Brandywine very stony loam (Bs) |
Chester very stony silt loam (Cg) |
Glenelg very stony silt loam (Gm) |
Manor very stony loam (Mm) |
Neshaminy very stony silt loam (Ns) |
Penn shaly silt loam (Pe) |
Penn silt loam (Pm) |
Penn very stony silt loam (Pn) |
Penn and Lansdale sandy loams (Pt) |
(3)
The areas designated on the Water Resources Protection Area Map of this chapter as fault zone and fracture trace areas; or
(4)
The areas designated on the Water Resources Protection Area Map of this chapter as a regional aquifer and an area more susceptible to well interference, and which includes the Stockton sandstone geologic formation.
B.
Interpretation
(1)
In reviewing all applications for compliance with the provisions of this section, the Township shall make its review on the basis of water resources protection area boundaries as described in Subsection A above.
(2)
Where interpretation is needed as to the exact location of the boundaries of the district, as for example, where there appears to be a conflict between a mapped boundary and actual field conditions, an initial determination of the exact boundary of the water resources protection area shall be made by the Township Engineer or Hydrogeologist.
(3)
Any party seeking such a determination may submit a soil and/or geological study of the area in question or other pertinent documentation for consideration. The Township Engineer shall make a written report of the results of his initial determination, a copy of which shall be provided to the Planning Commission and the Board of Supervisors.
(4)
Any party aggrieved by any such determination of the Township Engineer may appeal to the Zoning Hearing Board. The person contesting the location of the district boundary shall have the burden of proof in case of any such appeal.
C.
Applicability.
(1)
Regulations pertaining to the water resources protection area in this section shall constitute an overlay on the otherwise applicable zoning districts as delineated on the Township Zoning Map. Should such regulations be declared not applicable for any tract of land for any reason by the Board of Supervisors or the Zoning Hearing Board, the zoning provisions applicable to such tract shall be the district in which it is located, as shown on the Township Zoning Map, without consideration of this section.
(2)
No structure, land or water shall be used or developed, and no structure shall be located, extended, converted or structurally altered, without full compliance with the standards and procedures as set forth in this section.
(3)
In the water resources protection area, alteration and development of the land may be hazardous with respect to the contamination of groundwater and surface waters. Within the limitations of the information available at the time of review of individual applications, the Township shall attempt to make reasonable judgments as to the applicant's compliance with the standards of Subsection F below. Under no circumstances shall the Township of West Vincent or any officer or employee of the Township assume any liability for any interested party's reliance upon the regulations of this section or any decisions made by the Township in the administration of such regulations.
D.
Use regulations.
(1)
If permitted by the underlying zoning district, the following uses may be permitted in the water resources protection area only as a conditional use when authorized by the Board of Supervisors, subject to the standards of § 390-219 of this chapter and any additional standards contained in this section:
(a)
Aboveground storage tanks.
(b)
Stormwater detention facilities.
(c)
Sanitary sewer lines, utilities or pipelines, other than sanitary sewer lines, utilities or pipelines that are proposed to be located within an existing public road right-of-way or other public right-of-way. Further, for sanitary sewer lines, utilities or public lines proposed to be located within a proposed public road right-of-way, or other proposed public right-of-way as designated on a submitted preliminary subdivision or land development plan, the conditional use provisions of this section shall not apply. Rather, the applicant shall be required to demonstrate compliance with those procedures and standards set forth in Subsection E of this section as are determined to be applicable by the Township Engineer, in his sole discretion, as part of the preliminary subdivision and/or land development application process or as a condition precedent to receiving a permit for the installation of the improvements in the public road right-of-way or other proposed right-of-way, and further provided that the proposed public road right-of-way or other proposed public right-of-way becomes an actual public road right-of-way or an actual other public right-of-way;
(d)
Water withdrawals of 10,000 gallons per day or more.
(2)
If permitted by the underlying zoning district, the following uses may be permitted in the water resources protection area only as a special exception when authorized by the Zoning Hearing Board, subject to the standards of § 390-228 of this chapter and any additional standards contained in this section:
(a)
Industrial, commercial, and manufacturing facilities associated with the following standard industrial codes (SIC), if applicable (see Appendix D[2])
Use | SIC Code |
|---|---|
Communications equipment manufacturer | 366 |
Electric and electronic equipment manufacturer | 367 |
Fabricated metal products | 344 |
Metal working machinery | 354 |
Miscellaneous machinery | 359 |
Plastic materials and synthetics | 282 |
Plastics, synthetic resins, and nonvulcanized elastomers | 2821 |
Blast furnaces, steelworks, rolling mills | 3312 |
Trucking terminals or fleet vehicles | 4231 |
Printing, publishing and allied industries | 27, 731 |
Public utilities | 481, 491, 492 |
Sawmills and planning | 2421 |
Stone, clay and glass products | 32 |
Auto repair | 7538 |
Gasoline service stations | 554 |
Local and interurban passenger transit | 41 |
New and used car dealer's | N/A |
Welders | 7692 |
Dry cleaning | 7216 |
Special construction trades, plumbing, heating, air conditioning | 1711 |
Painting, paper hanging, decorating | 1721 |
Plastering, drywall, acoustical insulation | 1742 |
Carpentry | 1751 |
Flooring | 1752 |
Roofing and sheet metal | 1761 |
Wrecking and demolition | 1795 |
Other special construction trades | 1799 |
Swimming pool cleaning and maintenance | 7399 |
Medical facilities | 8071 |
Veterinary services | 0742 |
Schools | 821 |
Furniture and fixtures, manufacture and repair | 2512, 7641 |
Funeral services and crematories | 7261 |
Government offices | 919 |
Home heating oil | 5183 |
Photo processing laboratory | 7333, 7395 |
Residential developments containing multifamily dwellings | 6513 |
Pharmacies | 591 |
Hardware stores | 525 |
Carpet stores | 5713 |
Construction materials | 521 |
Car washes | 7542 |
Beauty shops | 723 |
Barbershops | 724 |
Sports shops | 5941 |
Hobby shops | 5945 |
Country clubs | 7997 |
Bowling alleys | 7933 |
[2]
Editor's Note: Appendix D, Commercial, Industrial and Manufacturing Uses Hazardous Waste Generation, is an attachment to this chapter.
(b)
Any use or facility which stores, transports, processes, or disposes of hazardous material.
(c)
The below-ground storage of heating oil, gasoline, chemical solutions, or other hazardous substances, which, if released, would constitute pollutants to groundwater or surface waters.
(d)
Road salt stockpiles.
(e)
Golf courses.
(f)
Quarries and mining operations.
(g)
Cemeteries.
(h)
Junk or salvage yards.
E.
Procedures. Where permitted in Subsection D above, all uses within the water resources protection area shall comply with the following procedures, in addition to those applicable to the use regulations:
(1)
All applications submitted to the Township shall contain the following information: (At least 12 copies of the application shall be submitted.)
(a)
A map, at a scale no smaller than one inch equals 100 feet, indicating the location of the property and all proposed improvements thereon and their geographic relationship to the Township's water resources protection area, as described in § 390-179A above.
(b)
Geologic features.
[1]
For areas proposed for grading, construction of buildings and other improvements, the applicant shall submit information for such areas, indicating the presence of any of the following geologic features:
[a]
Depressions;
[b]
Fissures, lineaments, faults or air photo fracture traces;
[c]
Lakes or ponds occurring after rainfall events;
[d]
Outcrops of bedrock and subsurface geology;
[e]
Seasonal high-water tables;
[f]
Sinkholes;
[g]
Soil mottling, as defined by a soil scientist;
[h]
Springs;
[i]
Surface drainage entering subsurface features;
[k]
Erodible soils; and
[l]
Natural swales or drainage areas, drainage lines or boundaries.
[2]
Such information may be based upon field surveys and/or published data, but in either case shall be supported by an explanation of its source, including the qualifications of the individuals directly responsible for preparing such information.
(c)
A map indicating existing and proposed drainage conditions, the locations of existing private and public wells on adjoining properties.
(d)
An environmental assessment report demonstrating the impact of the proposed development or application on the water quality and quantity of the water resources protection area and compliance with the standards contained in Subsection F below. The format and contents of the environmental assessment report shall be as follows:
[1]
Statement of purpose. This section shall indicate those standards in Subsection F below being addressed in the report and whether the applicant is attempting to demonstrate compliance or justify noncompliance with those standards.
[2]
Description of existing conditions. This section shall present a description of existing characteristics of the property with respect to geology, topography, groundwater and surface water hydrology, soils, vegetation, and existing improvements and uses.
[3]
Description of the proposed action. This section shall describe the proposed action, including types, locations and phasing of proposed site disturbances and construction, as well as proposed future ownership and maintenance of the property and the proposed improvements. Plans describing the proposed action may either be included within or accompany the environmental assessment report.
[4]
The potential impacts of the proposed activity on area groundwater and surface water supplies, including impacts to water quality and quantity. Evidence shall be provided that the activity or use will not adversely affect groundwater or surface water supplies by directly contributing to pollution or by increasing the long-term susceptibility of the water resources to potential pollutants.
[5]
Proposed measures to control potential adverse environmental impacts. This section shall describe all measures proposed by the applicant to control or mitigate all adverse impacts which may occur as a result of the proposed action, including structural and nonstructural devices and methods.
[6]
The location of any monitoring stations, which may be strategically located so as to evaluate and observe the presence of any potential pollutants at points on the surface and subsurface, based on knowledge of flow systems. The location of any required monitoring stations shall be determined by the Township Hydrogeologist and/or the Township Engineer. It shall be the responsibility of the applicant to obtain and secure all rights and pay any cost which may be related to the selection of the location of the monitoring stations.
[7]
List and qualifications of preparers. The names, addresses, telephone numbers, and qualifications of persons directly responsible for preparing the environmental assessment report shall be provided.
[8]
Appendixes. Any additional information which the applicant wishes to provide may be included in one or more appendixes to the report.
(2)
Review and report.
(a)
The Township Engineer or Hydrogeologist shall review the information provided by the applicant as required above and may conduct a site inspection of the property, having notified the applicant at least five days in advance. The Township Engineer shall submit a report, presenting his/her findings with respect to the applicant's compliance with each standard in Subsection F below, for which one of the following opinions shall be rendered:
[1]
"Compliance." The application complies with the standard.
[2]
"Compliance with additional conditions." The application would comply with the standard if certain additional conditions were met by the applicant.
[3]
"Noncompliance." The application does not comply with standard.
[4]
"Nondetermination." A determination of compliance cannot be made on the basis of information provided by the applicant.
(b)
A copy of the Township Engineer's report shall also be forwarded to the applicant. Should that report contain findings of "noncompliance" or "nondetermination," the applicant shall be permitted to submit additional information in an attempt to address the Township Engineer's report or a written request for an extension to the applicable review time period. All additional information must be received by the Township no later than 20 days prior to the date by which the Township is scheduled to formally act upon the application. Should the applicant fail to submit additional information within the applicable time period or a written request for extension thereof, if necessary, all findings of "nondetermination" shall be acted upon by the Township in the same manner as findings of "noncompliance."
(3)
Should the Township find that an applicant may create a significant risk to the public health, safety or welfare, in spite of taking all reasonable actions to minimize such risks, or should the Township determine that the applicant had not taken all reasonable actions to minimize such risks, the Township may deny the application.
F.
Design standards. In addition to the use regulations of Subsection D above, the following specific design standards shall apply to the appropriate use permitted in the water resources protection area:
(1)
Aboveground storage tanks. The following design standards apply to the construction of new aboveground storage tanks of 250 gallons or more of hazardous materials, excluding farm and municipal tanks holding motor fuel of 1,100 gallons or less and heating oil or propane tanks used for cooking or heating:
(a)
The design and construction of aboveground storage tanks shall be in accordance with applicable federal and state regulations.
(b)
Aboveground storage tanks shall be provided containment facilities meeting the following design requirements:
[1]
The containment device shall be large enough to contain 100% of the volume of the tank in cases where a single tank is used to store, handle, use or produce a hazardous material. In cases where multiple tanks are used, the containment device shall be large enough to contain 100% of the volume of the largest tank.
[2]
All containment devices shall be constructed of materials of sufficient thickness, density and composition to prevent structural weakening of the containment device as a result of contact with any hazardous material and shall be capable of containing any accidental release for at least a period sufficient to allow detection and removal of the material. Provisions shall be made for monitoring, testing and immediate removal of accumulated stormwater runoff or precipitation.
(c)
The design of the tank shall meet applicable technical standards for the specific type and class of tank as set forth in the Underwriters Laboratory Standards No. 142 by the American Petroleum Institute (API), by the American Water Works Association (AWWA), or by the Society of Mechanical Engineers (ASME). The tanks shall be fabricated, tested and installed in accordance with the appropriate codes and standards applicable to the material to be stored therein.
(d)
The tank shall be designed with monitoring standards consistent with the manufacturer's specifications.
(e)
The tank shall be tested prior to use and inspected periodically during use and as required by federal and state codes and standards.
(2)
Industrial, commercial and manufacturing facilities. The following design standards shall apply to the construction of new industrial, commercial and manufacturing facilities:
(a)
Facilities which store, process, dispose, transport or convey, and/or contain hazardous materials shall be designed in such a manner to prevent discharges of hazardous materials to the environment and meet applicable regulatory requirements [e.g., Occupational Safety and Health Agency (OSHA) standards, Building and Fire Codes, National Institute of Occupational Safety and Health (NIOSA) standards, EPA and DEP requirements, etc.].
(b)
Hazardous materials storage areas shall be fireproof containment structures capable of containing 100% of the volume of the largest storage container.
(c)
No on-site floor drains shall be permitted.
(d)
Outside storage of hazardous materials in drums shall not be permitted.
(e)
Dry material storage areas shall not be permitted.
(f)
On-site disposal of hazardous materials shall not be permitted.
(3)
Underground storage tanks. The following design standards shall apply to the construction of new underground storage tanks storing more than 110 gallons of hazardous materials, excluding heating oil tanks of 3,000 gallons or less used by homes or businesses:
(a)
The design and construction of underground storage facilities shall be in accordance with applicable federal and state requirements, including but not limited to the Pennsylvania Underground Storage Act; Pennsylvania Storage Tank and Spill Prevention Act;[3] and the rules and regulations of PADEP and the Pennsylvania State Police, Fire Marshal Division.
[3]
Editor's Note: See 35 P.S. § 6021.101 et seq.
(b)
The tank shall be constructed of fiberglass-reinforced plastic, coated and cathodically protected steel, or fiberglass-reinforced plastic composite.
(c)
The tank and associated tank piping shall provide for secondary containment for release-detection purposes, which may include double-walled tanks and piping, a concrete vault in which the tank and piping is placed, an impermeable liner in the excavation zone in which the tank and piping is placed, and/or installation of monitoring devices.
(d)
The tank shall be equipped with spill and overfill prevention equipment and a leak-detection system.
(e)
The tank must be installed by a PADEP-certified installer.
§ 390-180 Wetlands.
A.
Wetlands. Wetlands shall not be altered, regraded, developed, filled, piped, diverted or built upon except that driveways, roads and utilities may cross wetlands where design approval is obtained from the Township, the Pennsylvania Department of Environmental Protection, and the United States Army Corps of Engineers, and where no other practical alternative is available.
B.
Wetlands margin. Unless a greater distance is required by state and/or federal regulations, the wetlands margin shall extend 100 feet from a delineated wetlands boundary, the limits of any hydric soils, or the distance delineated in § 390-182, whichever is greater. No more than 20% of a wetland margin area shall be altered, regraded, filled or built upon (noting that such limitation does not permit the alteration, regrading, filling of or building upon a wetland area, and noting further that the permitted encroachment into a wetland margin area shall be measured independent of any other noncontiguous wetland margin areas on a property). The Planning Commission may recommend a reduction of the wetlands margin or to the maximum percentage of disturbance to the Board of Supervisors, if, upon review, it determines that such a reduction is justified due to existing topographic or physical conditions or to specific circumstances related to the location or quality of the wetland in question.
C.
Wetlands delineation. Hydric soils and the National Wetlands Inventory maps shall be used in determining the presence and location of wetlands, unless, as required by the Board of Supervisors upon recommendation of the Planning Commission or by Chapter 315, Subdivision and Land Development, of the Township's Code, wetlands boundaries shall be delineated through an on-site assessment, which shall be conducted by a professional soil scientist, biologist, botanist or others of demonstrated qualifications. Such a person shall certify that the methods used correctly reflect currently accepted technical concepts, including the presence of wetlands vegetation, hydric soils and/or hydrologic indicators. The study shall be submitted with sufficient detail to allow for a thorough review by the Township. The study must be approved by the Board of Supervisors on the recommendation of the Township Engineer.
D.
Federal and state regulations. In addition to the requirements of Subsections A and B above for proposed uses, activities or improvements which would entail the regrading or placement of fill in wetlands, the applicant shall provide the Township with proof that the Pennsylvania Department of Environmental Protection and the United States Army Corps of Engineers have been contacted to determine the applicability of state and federal wetland regulations for areas delineated as wetlands.
§ 390-181 High groundwater areas.
A.
Use regulations. Notwithstanding any of the provisions of the base zoning district, § 390-179 above, and applicable provisions of Article XVI, Floodplain Conservation District, of this chapter, any of the following activities or uses may be permitted on soils having high water tables, as defined in § 390-8 of this chapter, only as a conditional use when authorized by the Board of Supervisors, subject to the standards established herein and the standards of § 390-219 of this chapter:
(1)
Any construction or improvements.
(2)
Dams, impounding basins, and culverts approved by the Pennsylvania Department of Environmental Protection.
(3)
Changes in grade by cut or fill, provided that the cross-sectional area of any floodplain is not changed, surface water runoff is not increased, and water surface elevation of the one-hundred-year storm is not increased by more than one foot at any point.
(4)
Impervious parking surfaces and driveways accessory to any permitted principal use outside of the Floodplain Conservation District, provided that the improvements are established at least two feet above the high groundwater elevation and are constructed according to sound engineering practices.
B.
Application procedures. The conditional use application shall contain the following information:
(1)
A plan which accurately locates the construction proposed with respect to the district limits, stream channels, and existing floodplain limits.
(2)
Such plan shall also include contours, location and elevations of any existing or proposed streets, on-site and adjacent water supplies and sewage systems, soil types, and proposed floodproofing or waterproofing measures.
(3)
A document certified by a registered professional engineer or architect that adequate precautions have been taken with respect to the design of any structure and the plans for the development of the site to either prevent entirely or minimize to the greatest extent possible the occurrence of any problems or damage caused by flooding, runoff, groundwater, unstable soils, etc. The following list includes some of the factors or considerations to be included:
(a)
Anchorage of structure and foundations;
(b)
Installation of watertight doors, bulkheads, etc.;
(c)
Reinforcement of walls to resist water pressure;
(d)
Use of paints, membranes, mortars, etc., to reduce seepage of water through walls;
(e)
Addition of mass to structures to resist flotation;
(f)
Installation of pumps to lower water levels in structures;
(g)
Construction of water supply and sewage treatment systems to prevent the entrance of groundwater or floodwaters;
(h)
Pumping facilities for subsurface drainage systems for buildings to relieve external foundation wall and basement floor pressures.
(4)
A copy of all plans to be considered by the Township shall be submitted to the Chester County Soil Conservation Service for review and comment at least 30 days prior to the conditional use hearing. The recommendations of the Soil Conservation Service shall be considered for incorporation into the plan to provide for protection against predictable hazards.
C.
Design standards. Prior to the issuance of a building permit for any permitted use or approved conditional use within the high groundwater area, the following procedures and requirements shall apply:
(1)
Proof of the limits of soils having high or seasonally high water tables, rendered by a field-delineated high groundwater study acceptable to the Township Engineer, shall be prepared and submitted with the building permit application.
(2)
Any building shall be designed and constructed with the following design standards:
(a)
No basement or cellar;
(b)
Lowest finished floor elevation at least two feet above the high water table elevation;
(c)
Positive footing and foundation drainage systems piped to a suitable stormwater management system approved by the Township Engineer;
(d)
Properly engineered footings taking into account the bearing capacity of the soil and construction methods acceptable to the Township Engineer; and
(e)
Any other special conditions and construction methods deemed necessary by the Township Engineer in response to specific conditions of the site.
§ 390-182 Stream buffers.
In addition to the erosion and sedimentation control requirements contained in the Pennsylvania Department of Environmental Protection's "Special Protection Waters Implementation Handbook," Publication #1455, the following buffers shall apply to all new nonagricultural activities or projects resulting in earth disturbance within any high quality or exceptional value watershed of the Township of West Vincent, as defined by Pennsylvania Department of Environmental Protection rules and regulations, Title 25 of the Pennsylvania Code, including Chapter 93:
A.
On level terrain, a minimum one-hundred-fifty-foot vegetated buffer strip shall be provided on each side of all wetlands, special protection streams, and around all lakes or ponds designated as high quality or exceptional value waters. No buildings, swimming pools, structures resulting in impervious coverage or sewage utilities shall be permitted within the vegetated buffer.
B.
Four feet of additional buffer shall be provided for every 1% increase in slope.
C.
For all new developments with land disturbance of greater than one acre, the stream buffers shall be undisturbed or reforested to 60% canopy cover with native trees for 150 feet on both sides of the stream (measured from the top of bank).
§ 390-183 Fill and land grading activities.
The following activities shall be prohibited in the Township:
A.
The use of fill containing any material which would represent a potential contamination hazard to groundwater or surface waters. Materials shall include, but not be limited to, wastes identified as hazardous by the Pennsylvania Department of Environmental Protection or the United States Environmental Protection Agency.
B.
Land grading or construction of buildings or other site improvements which would directly or indirectly diminish the flow of natural springs.
§ 390-184 Erosion and sedimentation control plan and stormwater management plan related to building construction.
Any grading, earthmoving, or land disturbance activity occurring in the Township shall comply with the following procedures:
A.
Where individual on-lot land disturbance activities have been addressed, approved and noted as such in an applicant's erosion and sedimentation control plan and stormwater management plan related to a subdivision or land development, applications for building permits for each individual lot shall reference such approval. In these cases, it shall not be necessary for the applicant to resubmit an erosion and sedimentation control plan and stormwater management plan concurrent with applications for building permits, provided the proposed grading of the lot and the locations of houses, driveways and stormwater management facilities of any type are not changed.
B.
In all other cases, or in cases where an applicant in Subsection A above wishes to alter grading, building locations, or the on-lot stormwater management system, the applicant shall submit a revised erosion and sedimentation control plan and stormwater management plan. These plans shall accompany the application for a building permit and shall demonstrate that all land disturbance activities related to the building construction shall comply with the performance standards in § 315-42 of Chapter 315, Subdivision and Land Development, of the Code of the Township of West Vincent and any other applicable provisions of this chapter.
C.
The Township may require that the erosion and sedimentation control plan and the stormwater management plan contain all of the information mandated by § 315-13I(3) and (4), respectively, of Chapter 315, Subdivision and Land Development, of the Code of the Township of West Vincent. The applicant and/or his/her engineer shall confer with the Township prior to the preparation of an erosion and sedimentation control plan and stormwater management plan to determine the scope and detail of the submission.
D.
The applicant's erosion and sediment control plan and stormwater management plan shall be reviewed by the Township Engineer or Code Enforcement Officer, who shall submit a report thereon to the applicant and the Zoning Officer.
E.
Where revisions to the plans are necessary in order to meet the performance standards set forth in Chapter 315, Subdivision and Land Development, of the Township's Code, the applicant shall discuss the contents of the report with the Township. All necessary revisions shall be effected and submitted to the Township Engineer or Code Enforcement Officer.
F.
The Township Engineer or Code Enforcement Officer shall review the revisions and issue a supplementary report to the applicant and the Zoning Officer, recommending approval or disapproval of the plans.
G.
If the final erosion and sedimentation control plan or stormwater management plan is not in compliance with the performance standards set forth in Chapter 315, Subdivision and Land Development, of the Township's Code, failure to so comply may be considered grounds for denial of the building permit.
H.
Approval of a building permit shall constitute approval of the accompanying erosion and sedimentation control plan and stormwater management plan; these approvals may be concurrent.