Township of Honey Brook, PA
Chester County
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Table of Contents
Table of Contents

§ 27-1601 Statement of Intent.

[Ord. 104-2003, 3/12/2003, § 1600; as readopted by Ord. 129-2007, 8/2/2007, § 1]
It is the intent of this Part to provide specific standards for individual uses permitted in this chapter by right, special exception, or conditional use, and to identify uses that are specifically prohibited in the Township. These standards should be addressed and adhered to by applicants for the uses, and utilized for guidance by Township decision-makers reviewing applications. The standards are designed to mitigate the particular impacts that may be associated with an individual use, and to supplement other applicable requirements of this chapter.

§ 27-1602 Uses Permitted by Right.

[Ord. 104-2003, 3/12/2003, § 1601; as amended by Ord. 105-2003, 10/8/2003; by Ord. 113-2004, 11/10/2004; by Ord. 116-2005, 8/10/2005; as readopted by Ord. 129-2007, 8/2/2007, § 1; as amended by Ord. 132-2007, 12/12/2007, § 4; by Ord. 135-2008, 4/9/2008, §§ 1 — 3, 5; by Ord. 137-2008, 8/13/2008, § 2; by Ord. 145-2009, 5/13/2009, §§ 5, 6; by Ord. 146-2009, 7/15/2009, §§ 5, 6; by Ord. 148-2009, 12/12/2009, §§ 9 — 11; by Ord. 165-2013, 6/12/2013, §§ 10, 11; by Ord. 169-2013, 12/11/2013, § 5; and by Ord. 174-2014, 8/13/2014, § 3]
1. 
The following uses, where permitted by right in one or more of the zoning districts in this chapter, shall comply with the applicable standards presented in this section in addition to those requirements specified in the zoning district provisions.
A. 
All uses regulated by the terms of this section shall also be in compliance with any applicable standards in:
(1) 
Part 17, "General Regulations," of this chapter including, but not limited to, standards for lighting, landscaping, screening, internal circulation, and access and traffic control, storage, and noise control.
(2) 
Part 14, "Signs."
(3) 
Part 15, "Off-Street Parking and Loading."
B. 
Accessory Dwelling.
(1) 
One accessory dwelling unit shall be permitted by right, either through conversion of or addition to a principal single-family detached dwelling on any lot or tract when in compliance with the standards of this section. Where the residential structure is to be expanded to accommodate the accessory dwelling, the expanded structure shall comply with the minimum setback and yard dimensions and the maximum impervious surface requirements applicable to a single-family detached dwelling in the zoning district where it is located.
(2) 
A second accessory dwelling shall be permitted by right on tracts of 20 acres or greater, so long as the tract is not reduced below the minimum 20 acres containing the principal and accessory dwelling units. Any newly-constructed accessory single-family dwelling unit(s) must meet all area and bulk regulations for single-family detached dwellings in the zoning district where it is located. The accessory dwelling unit may be occupied by anyone listed in Subsection 1B(5) below. The applicant shall enter into an agreement (such as a deed restriction) acceptable to the Township Solicitor to demonstrate compliance with the requirements in this paragraph.
(3) 
When expanding or converting a principal dwelling unit, the accessory dwelling unit shall be attached to the principal dwelling unit by a common wall(s) which encloses habitable space and gives the appearance of a single dwelling unit from the exterior view; alternatively, the accessory dwelling unit shall be wholly contained within the principal dwelling unit.
(4) 
The habitable floor area in use for the accessory dwelling shall not exceed 90% of the habitable floor area of the principal dwelling.
(5) 
The owner of the tract shall reside on the property and the accessory dwelling unit(s) may be used by and resided in only by the owner or person(s) related to such owner, who is one of the following: grandfather/grandmother, mother/father, brother/sister, daughter/son, granddaughter/grandson, and/or the spouse of one of the foregoing or a farm laborer employed thereon on a tract of 20 acres or more. Use of any accessory dwelling unit under this section for rent to non-family members, with the exception of a farm laborer, is expressly prohibited.
(6) 
Upon occupancy, the owner shall advise the Township of the person(s) in residence in any accessory unit(s). A new use and occupancy permit shall be required whenever there is a change in the use or in the person or persons residing in the accessory unit(s).
(7) 
Approval from the Chester County Health Department shall be required for the sewer and water systems to be used at the premises; such approval shall occur prior to issuance of any building permit.
(8) 
Sketch plans and building plans for any accessory dwelling unit(s) shall be submitted to the Zoning Officer as part of a building permit application.
(9) 
A sketch plan shall show ingress and egress to existing and proposed buildings and compliance with applicable area and bulk regulations. It shall also demonstrate adequate and suitable parking or storage space at a safe distance from any public highway for not less than two cars per dwelling unit.
(10) 
If required for safety reasons, fire escapes and/or outside stairways shall be located to the side or rear of the dwelling.
C. 
Accessory Use.
(1) 
Accessory buildings and structures, including detached private garage.
(a) 
General. In all zoning districts except the A - Agricultural District, when an existing or proposed dwelling is located within 100 feet of the street right-of-way line, no accessory building other than a detached private garage or a structure for the display and sale of farm and/or nursery products shall be permitted between the minimum front building setback line and the front wall of the dwelling, provided that no part of the detached private garage may be located directly between any part of the dwelling and the minimum front building setback line.
(b) 
Non-agricultural Accessory Buildings. Such buildings shall be permitted in any zoning district provided the following requirements are met:
1) 
Maximum Size. The total building footprint of accessory buildings, excluding accessory storage sheds meeting the requirements of § 27-1602, Subsection 1C(1)(d), singularly or in aggregate, shall not exceed the total building footprint of the principal building.
2) 
Maximum Height. The maximum height of an accessory building shall not exceed the height of the principal building or 20 feet, whichever standard is least restrictive.
3) 
Setback Requirements. Except where expressly regulated in §§ 27-1602, Subsection 1C(1)(d) or 1D, nonagricultural accessory buildings must comply with required yard setbacks for the respective zoning district.
4) 
Impervious Coverage. New impervious coverage on a site shall be subject to the stormwater management provisions contained in Chapter 20 of the Township Code.
(c) 
Agricultural Accessory Buildings. These types of accessory buildings shall be permitted in any zoning district provided the following requirements are met:
1) 
Maximum height: 80 feet.
2) 
Setback requirements. Except where expressly regulated in §§ 27-1602, Subsection 1C(1)(d) and 1D, agricultural accessory buildings shall comply with required yard setbacks for the respective zoning district.
3) 
Impervious Coverage. New impervious coverage on a site shall be subject to the stormwater management provisions contained in Chapter 20 of the Township Code.
(d) 
Accessory Storage Sheds. The following regulations shall apply to accessory storage sheds, provided the shed does not exceed 300 square feet in building area and does not exceed a maximum height of 15 feet.
1) 
No accessory storage shed shall be located between the street right-of-way line and a parallel line at the front of the principal building.
2) 
No accessory storage shed shall be within 10 feet of the side or rear property line.
3) 
No more than two accessory sheds shall be permitted on any lot. In addition, the aggregate square footage of sheds on a lot shall not exceed 600 square feet.
(e) 
Portable Toilets. The following regulations shall apply to portable toilets, as defined by this chapter:
1) 
Where portable toilets are permitted in conjunction with construction sites, temporary recreational or other special event activities, or temporary seasonal facilities; removal shall occur upon completion of the use or activity to which they are accessory.
2) 
Any temporary portable toilet shall be in compliance with 25 Pa. Code, § 73.64 of the regulations of the Pennsylvania Department of Environmental Protection.
3) 
No portable toilet shall be located less than 30 feet from any lot line.
4) 
Where a portable toilet is to be used for six months or more during any calendar year, it shall be visually screened, to the satisfaction of the Township, from any adjacent property through use of vegetative and/or architectural materials.
5) 
Any portable toilet shall be routinely serviced and cleaned with a frequency based on the need for same as generated by the intensity of use of the facility.
(2) 
Swimming Pools; In-Ground and Above-Ground. The below requirements shall not apply to man-made lakes, ponds or other impoundments unless the primary purpose for the construction thereof is for swimming:
(a) 
Private, noncommercial swimming pools designed to contain a water depth of 24 inches or more shall be located only in side or rear yards.
(b) 
No permanent pool as defined above shall be permitted without an operable filtration system, including the utilization of chlorine, bromine or other acceptable anti-bacterial agent.
(c) 
All pools shall be set back at least 10 feet from all side or rear yards or permanent easements.
(d) 
No water from a pool shall be discharged onto any public street or alley or across an abutting property without the consent of the abutting property owner.
(e) 
Any lights used in conjunction with the pool shall be shielded in such a manner to prevent glare on adjoining properties.
(3) 
Tennis Courts.
(a) 
When a tennis court is located within 100 feet of a street, driveway or abutting property line, a permanent open mesh fence 10 feet in height shall be provided behind each baseline. This fence shall be parallel to the baseline and at least 10 feet beyond the playing surface unless the entire court is enclosed.
(b) 
Lighting fixtures, if provided, shall be directed and shielded, in a manner deemed acceptable by the Township, to prevent unnecessary light spillage or glare on abutting properties or streets.
(c) 
Tennis court fencing shall be no closer than 10 feet from any lot line.
(4) 
Satellite Dish Antennae.
(a) 
On residential properties, satellite dish antennae shall be used only for receiving video, audio, and digital format data in a noncommercial manner.
(b) 
On residential properties, satellite dish antennae shall not exceed two feet in diameter.
(c) 
On nonresidential properties, not more than one satellite dish antenna with a diameter exceeding two feet shall be located within the required front yard.
(5) 
Garage/yard and Private Vehicle Sales. Within any zoning district, an owner and/or occupant of any dwelling may conduct no more than three garage/yard sales within a 12 months period subject to the following conditions.
(a) 
No garage or yard sale shall be conducted for a period longer than four consecutive days.
(b) 
Garage/yard sales may offer for sale only personal possessions. No importing or stocking of inventory shall be permitted.
(c) 
Signs for garage/yard sales shall be limited to a four square foot sign advertising such sale. The sign must be located upon the premises where the sale occurs and shall be removed promptly upon the completion of the sale.
(d) 
In no case shall any aspect of the garage/yard sale be conducted within any street right-of-way. Additionally, vehicular parking at any garage/yard sale shall not occur in a manner which obstructs or hinders vehicles passing the garage/yard sale site.
(e) 
Private vehicle sales shall include the sale of any vehicle requiring licensing by the Commonwealth of Pennsylvania. No more than one private vehicle may be displayed at any given time on a residential lot and be offered for sale, and such vehicle offered for sale shall be owned by a resident of the lot.
(6) 
Display and sale of farm and/or nursery products, as a use accessory to the principal agricultural use of the property.
(a) 
Not less than 50% of all farm and/or nursery products sold shall have been grown, raised, or harvested on the premises.
(b) 
Where goods oar displayed and sold from a permanent structure, that structure shall be located not less than 100 feet from any lot line and not less than 60 feet from any street right-of-way line.
(c) 
Where goods are displayed and sold from a temporary structure, such structure shall be located not less than 25 feet from any street right-of-way line.
(d) 
No temporary structure shall be larger than 200 square feet.
(e) 
A mobile stand (e.g., farm wagon, pick-up truck) shall be located outside the street right-of-way line.
(f) 
Structures and required parking areas devoted to the display and sale of farm and/or nursery products shall, in combination, occupy not more than 4,000 square feet of lot area.
(g) 
Any accessory use for the display and sale of farm and/or nursery products shall provide two off-street parking spaces, regardless of the size of the use, plus one space for every 200 square feet of temporary or permanent display/sales space.
(h) 
All parking spaces shall be located outside the street right-of-way.
(i) 
Any refrigeration equipment, generators, or similar equipment and associated power sources shall be soundproofed as necessary so that the noise created by such equipment shall not be audible beyond the lot line.
(7) 
Manure storage facilities, as a use accessory to an existing agricultural operation.
(a) 
Manure storage facilities shall not be used for commercial purposes.
(b) 
The applicant shall provide the Zoning Officer with proof of compliance with the applicable requirements for the location, construction, and operation of a manure storage facility.
(c) 
Any such facility shall be at least 100 feet from any lot line, except where the need to be closer to a lot line is documented by the applicant and the location is determined acceptable by the Chester County Conservation District.
(8) 
Farm-Related School.
(a) 
A farm-related school, where permitted in one or more zoning districts, shall be deemed a use that is accessory to the principal agricultural use of the property.
(b) 
To be eligible for a farm-related school, a property must contain at least 20 acres and be actively involved in agriculture as defined by this chapter.
(c) 
The site devoted to the farm-related school shall be limited to not more than two acres within the boundary of the agricultural property.
(d) 
It is not required that a child of the farm family residing on the property on which the school is located be a student of the school, but in no event shall the owners of the property earn a financial profit from the school being on the property.
(e) 
The population of the farm-related school shall not exceed 50 students.
(f) 
The farm-related school shall be a day school only, and in no case shall permit the boarding of pupils.
(9) 
Day Care Facility. Where a day care facility is an accessory use, as defined by this chapter, such facility shall comply with all applicable standards in § 27-1602, Subsection 1K.
(10) 
Tent Sale (also sidewalk sale).
(a) 
Where permitted by this chapter as an accessory use, a tent sale shall be deemed a temporary use.
(b) 
Tent sales may be held no more frequently than four times per calendar year on any lot.
(c) 
The maximum duration of any tent sale event shall be seven days.
(d) 
Signs associated with a tent sale shall be in accordance with the standards in § 27-1405, Subsection 1A(2)(f).
(e) 
A temporary use permit shall be applied for and obtained prior to the conduct of any tent sale.
D. 
Keeping of Animals. Except as otherwise noted, the following standards shall apply to the keeping of animals on residential properties containing no greater than 10 acres, with specific terms applying to the various zoning districts as indicated herein. Animals, 12 months or less in age, shall not be counted towards the maximum number of animals permitted in order to allow sufficient time for weaning. However, these standards shall not apply to animal shelters, animal hospitals, or veterinary offices/clinics.
(1) 
Dogs and cats, applicable in all zoning districts:
(a) 
A maximum of five dogs and five cats is permitted without restriction.
(b) 
Litters of puppies or kittens up to six months in age as domestic animals are permitted, provided the following conditions are met:
1) 
Maintaining dogs and cats shall be on a noncommercial basis.
2) 
The area within which a shelter and/or exercise pen is maintained must be suitably enclosed and located in the rear yard, at least 10 feet from any lot line and not closer than 50 feet to the nearest dwelling other than that of the owner.
3) 
The area within which a shelter and/or exercise pen is maintained shall be kept in suitable grass cover and shall not be allowed to degrade to an erodible condition.
4) 
The owner of the animals shall exercise suitable control over the animals and shall not allow a nuisance condition to be created in terms of excessive noise, dirt, or odor.
(2) 
Other small domestic animals, in the following zoning districts:
(a) 
In the A, RC, and FR Districts, it is permitted to maintain up to a total of 12 small domestic animals provided the following conditions are met:
1) 
Small domestic animals shall include those animals which can be kept outdoors in pens, but which also can be kept indoors, and include animals such as rabbits, guinea pigs, domestic and exotic birds, and chinchilla, and fowl such as chickens, turkeys, geese, ducks, and pigeons.
2) 
When raised or kept outdoors, small domestic animals shall be kept within the rear yard area.
3) 
Maintaining small domestic animals shall be on a noncommercial basis and strictly as an incidental use.
4) 
The area within which a shelter and/or exercise pen is maintained must be suitably enclosed and located in the rear yard at least 10 feet from any lot line, and not closer than 50 feet to the nearest dwelling other than that of the owner.
5) 
The area within which small domestic animals are maintained shall be kept in a suitable grass cover and shall not be allowed to degrade to an erodible condition.
6) 
The owner of the small domestic animals shall exercise suitable control over the animals and shall not allow a nuisance condition to be created in terms of excessive noise, dirt, or odor.
(b) 
In the R, MR, C, and I Districts, it is permitted to maintain up to a total of 12 small domestic animals provided the following conditions are met:
1) 
Small domestic animals shall include only those animals that are kept exclusively indoors, such as rabbits, guinea pigs, and domestic and exotic birds. Fowl such as chickens, turkeys, geese, ducks, and pigeons shall not be permitted.
2) 
Maintaining small domestic animals shall be on a noncommercial basis and strictly as an incidental use.
3) 
The owner of the small domestic animals shall exercise suitable control over the animals and shall not allow a nuisance condition to be created in terms of excessive noise, dirt, or odor.
(3) 
Large domestic animals, applicable in all zoning districts.
(a) 
For purposes of this subparagraph, large domestic animals shall include animals of the bovine, equine, swine, and sheep families, as well as llamas, emus, ostriches, deer, elk, wild boar, and the like.
(b) 
Horses may be kept on the following basis:
1) 
One horse per 1/2 acre up to and including two acres of lot area, with the maximum number of horses not to exceed four.
2) 
One horse per acre for any portion of the lot area in excess of two acres.
(c) 
Large domestic animals other than horses may be kept on the basis of one animal per acre of lot area.
(d) 
Lot area may be counted only once in calculating the maximum number of animals permitted on a lot.
(e) 
All large domestic animals shall be housed within a completely enclosed structure that serves as a satisfactory animal shelter on the lot.
(f) 
The following standards shall apply to the keeping of large domestic animals on any property in the Township, regardless of size:
1) 
The area within which large domestic animals are kept shall be enclosed by a fence, designed for containment, which shall be located outside any street right-of-way. Any structure used for housing large animals shall be set back in accordance with the requirements of § 27-403, Subsection 3, of this chapter.
2) 
The area within which large domestic animals are maintained shall be kept in a suitable grass cover and shall not be allowed to degrade to an erodible condition.
3) 
The owner of any large domestic animal shall exercise suitable control over the animal and shall not allow a nuisance condition to be created in terms of excessive noise, dirt, or odor. Where it deems necessary, the Township may require the owner to present and operate in accordance with a manure management plan prepared or approved by the Chester County Conservation District.
E. 
Automobile/truck fuel retail sales, including when part of a convenience store operation.
(1) 
Any building or other area of the property in which the use is conducted shall be at least 300 feet from the lot line of any parcel containing a school, day care facility, playground, or library.
(2) 
Gasoline pump islands shall be at least 30 feet from the street right-of-way line.
(3) 
Entrances and exits shall be a minimum of 30 feet in width.
(4) 
All ventilation equipment associated with fuel storage tanks shall be at least 100 feet from any residentially-zoned property.
(5) 
A maximum of 12 fueling positions shall be permitted as part of any retail fuel sales operation.
(6) 
No delivery tanker shall park within the public right-of-way during gasoline delivery, nor shall any hose be permitted within the public right-of-way.
(7) 
During any hours of operation when a fuel sales site is unattended, it shall have:
(a) 
Outdoor lighting at levels sufficient to see each fueling station from the adjoining street.
(b) 
An emergency cutoff mechanism, accessible to the fueling positions, that is prominently placed and immediately visible to customers at all times.
(8) 
No temporary or seasonal sales shall be conducted outside a building.
F. 
Automobile, truck, farm equipment, boat, other motor vehicle, and mobile and modular home sales, service, and repair facilities.
(1) 
All service and/or repair activities shall be conducted within a single, wholly-enclosed building.
(2) 
No outdoor storage of parts, equipment, lubricants, fuel, or other materials used or discarded as part of the service operation shall be permitted. Materials discarded as part of the service operation shall be contained within wholly-enclosed dumpster equipment.
(3) 
All exterior vehicle storage areas shall be screened from adjoining agriculturally-zoned and residentially-zoned property.
(4) 
All ventilation equipment associated with fuel storage tanks shall be at least 100 feet from, and oriented away from, any residentially-zoned property.
(5) 
All vehicles shall be repaired and removed from the premises as promptly as possible. Any vehicle not receiving repair work within the preceding seven days shall be removed.
(6) 
The demolition or storage of junked vehicles and mobile homes and parts thereof is prohibited.
G. 
Automatic Car Wash Facilities.
(1) 
The property shall be served by a public water system. The car wash facility shall include a system to collect and recycle the water used in the car washing operation.
(2) 
Each car wash bay shall allow for a stacking of three vehicles.
(3) 
All structures shall have a minimum setback of 100 feet from any property not zoned C - Commercial or I - Industrial, and any property used for agricultural or residential purposes.
(4) 
The site shall be kept free of debris and trash.
H. 
Bed-and-Breakfast Establishment.
(1) 
A bed-and-breakfast establishment may be operated only within a single-family detached residential structure that is in compliance with all applicable area and bulk requirements.
(2) 
No external modifications which would alter the residential character of the dwelling, with the exception of fire escapes, are permitted.
(3) 
All floors above ground level shall have an emergency exit providing access to ground level.
(4) 
One off-street parking space shall be provided for each guest room, in addition to the required spaces for the existing dwelling.
(5) 
All parking areas shall be at least 25 feet from all property lines.
(6) 
One sign may be erected which shall be no larger than six square feet in size and which shall be no less than 10 feet from all property lines.
(7) 
A bed and breakfast shall not include more than five rooms for rent.
(8) 
In the absence of public sewer facilities, the applicant shall provide: (a) written notice from the Chester County Health Department that the existing sanitary sewage facilities are adequate to treat the anticipated sewage, or (b) a permit for a modified or alternative sewage disposal system.
(9) 
At least one bathroom shall be provided for the first guest room, plus one additional bathroom for each two additional guest rooms. The living quarters for the resident/operator shall have its own bathroom. Bathrooms shall be equipped with a toilet, washbasin, and bath and/or shower.
(10) 
Guests shall not remain in the same bed-and-breakfast establishment for more than 30 consecutive days.
(11) 
The bed-and-breakfast establishment shall be conducted only by the owner/occupant of the single-family dwelling. The owner/occupant's family member(s) residing on the property, and not more than two nonresidents, may be employed. As applied to the property, ownership shall comprise not less than a majority interest.
(12) 
Meals shall consist of breakfast only, and only for the guests of the facility. Owners shall comply with all federal, state, and county regulations for the preparation, handling, and serving of food. There shall be no separate cooking facilities in any guest room.
(13) 
Any amenities, such as a tennis court or swimming pool, shall be solely for the use of the residents and guests of the facility.
(14) 
Each bed-and-breakfast establishment shall be equipped, at minimum, with smoke detectors and fire extinguishers in accordance with the requirements of the Pennsylvania Department of Labor and Industry. Guests shall be provided information regarding the floor plan of the dwelling and the location of emergency exits.
I. 
Billboard.
(1) 
The maximum sign panel area of any billboard shall not exceed 75 square feet.
(2) 
No more than one sign panel having two sides shall be permitted.
(3) 
No more than one billboard per property shall be permitted.
(4) 
No billboard shall be located within 200 feet of any residentially-zoned land.
(5) 
No billboard shall be located within 20 feet of the abutting street right-of-way.
(6) 
No billboard shall be erected to a height greater than 15 feet measured from the pre-development grade elevation.
(7) 
A billboard may only be constructed as a ground sign, as that term is defined in Part 2 of this chapter.
(8) 
If lighted, a hooded, directional non-glare lighting fixture designated for outdoor use shall be used.
(9) 
Any application for approval of a billboard shall be evaluated in terms of the potential impact of the proposed billboard's location and dimensions on:
(a) 
Sight distance or other highway safety aspects that could affect motorists, pedestrians, and other travelers.
(b) 
Visual quality, characteristic landscape elements, natural features, or historic resources, as identified in the Township Comprehensive Plan.
(10) 
Billboards shall be permitted only on properties with frontage on Route 322 or Route 10.
(11) 
There shall be a minimum separation distance of 300 feet between any two billboards.
(12) 
A billboard shall contain no moving parts except where the face of the sign is designed and constructed to change intermittently to provide multiple, rotating messages.
J. 
Convenience Store.
(1) 
The following standards shall apply to any convenience store, as defined and specifically permitted by this chapter. The standards in this section shall supersede similar standards that may be contained in the zoning district in which a convenience store is permitted. Standards in the base zoning district that are not addressed in this section shall be applicable to the convenience store use.
(2) 
A gross lot area of not less than two acres shall be required for any convenience store.
(3) 
The maximum floor area of a convenience store shall be 8,000 square feet. The minimum floor area of a convenience store that includes the retail sale of automotive fuel shall be 3,000 square feet.
(4) 
There shall be no limit on the operating hours of a convenience store. During the hours of 10:00 p.m. to 6:00 a.m. and on Sundays and legal holidays; however, there shall be no deliveries to the site or trash removal from the site, no operation of a vehicle in excess of 8,600 pounds on the property nor the idling of any motor of such vehicle, and no operation of any powered equipment or mobile refrigeration unit.
(5) 
Where a convenience store operation includes the retail sale of automotive fuel, the standards in § 27-1602, Subsection 1E, of this Part shall be met.
(6) 
In addition to landscaping and buffering as may be required by §§ 27-1713 and 27-1714, the Board may require supplemental fencing, consisting of materials and dimensions it deems appropriate, along any property line that abuts an agricultural or residential use or an agriculturally-zoned or residentially-zoned property.
(7) 
To assure satisfactory management of the property and the mitigation of potential off-site impacts:
(a) 
Food and beverage shall not be consumed within the parking area or any other exterior portion of the site.
(b) 
Trash disposal shall be managed to prevent any problem of littering on or off the site. Dumpsters or similar large-scale outdoor trash receptacles shall be completely screened from view, and access gates shall be closed at all times when not in use.
(c) 
Noise and lighting shall be controlled to avoid any impact on nearby residential properties.
(d) 
Outside loud speakers shall be audible only to persons in the immediate vicinity of the fueling positions.
(8) 
Where a convenience store offers the retail sale of automotive fuel, the maximum number of fueling positions, each containing one dispensing hose, shall be limited to one per 500 square feet, or portion thereof, of convenience store floor area. In no case, however, shall the number of fueling positions exceed 12.
(9) 
The applicant shall demonstrate that the proposed design of the building facade and related canopy or other structural elements on the property will minimize incompatibility with the character of existing buildings on immediately adjacent properties.
K. 
Day Care Facility for Children or Adults.
(1) 
The provisions of this section shall apply to child or adult day care facilities providing service for all or part of a twenty-four-hour day for children under 16 years of age, or for persons who otherwise have some form of disability. Day care facilities, as defined by this chapter, are subject to the applicable standards in Chapter II, §§ 8A, 8B, and 8C of DPW Social Services Manual Regulations. This section does not apply to family day care operations or child day care service furnished in places of worship during religious services.
(2) 
The following provisions shall apply only to child day care centers:
(a) 
Child drop-off areas shall be designed to eliminate the need for pedestrians to cross traffic lanes within or adjacent to the site.
(b) 
An outdoor play area, as required by DPW regulations, shall be provided for child day care facilities and shall not be located in the front yard.
(c) 
Hours of outside play shall be limited to the hours of 8:00 a.m. until sunset, as defined by the National Weather Service.
(d) 
Play equipment shall be located at least 10 feet from an abutting property line.
(e) 
A fence with a minimum height of four feet shall physically contain the children within the outdoor play area.
(3) 
The following provisions shall apply to both child and adult day care centers:
(a) 
If the day care facility will be subject to DPW requirements, evidence of the ability to comply with said requirements must be presented as part of the permit application.
(b) 
Adequate water and sewer service shall be provided to the site in accordance with the requirements of the Pennsylvania Department of Environmental Protection and the Chester County Health Department.
(c) 
Fencing shall be provided to restrict occupants from hazardous areas, such as open drainage ditches, wells, holes, and arterial and major collector roads. Natural or physical barriers may be used in place of fencing so long as such barriers functionally restrict occupants from these areas.
(d) 
Adult and child day care facilities shall not provide medical or personal care services which extend beyond simple first aid and assistance with dressing, bathing, diet, and medication prescribed for self administration unless licensed by the DPW to provide such services.
(e) 
The applicant shall submit a plan showing any existing or proposed outdoor play areas, outdoor play equipment, fencing, access drives, adjacent streets, adjacent hazardous land uses, on-site hazardous areas (as previously defined), merchandise delivery areas, parking spaces, and the child or adult drop-off circulation pattern.
(f) 
If the facility has access to streets of different classifications, access shall be provided using the street of lesser functional classification.
(g) 
All pedestrian pathways shall be adequately lit for safety if utilized during non-daylight hours. Specific areas for lighting are entrance ways, pedestrian access to the outdoor play areas, sidewalks, drop-off areas, merchandise delivery areas, and all parking lots. Such lighting shall be directed and shielded, in a manner deemed acceptable by the Township, to prevent unnecessary light spillage or glare on abutting properties or streets.
L. 
Dry Cleaner, Laundry, Laundromat.
(1) 
The property shall be served by public sewer and public water facilities.
(2) 
All activities shall be within completely enclosed buildings.
(3) 
All windows and doors on walls facing adjoining residentially-zoned properties shall be kept closed during hours of operation and occupancy.
(4) 
Exhaust and ventilation equipment shall discharge away from any adjoining residentially-zoned properties.
M. 
Equestrian Center.
(1) 
An equestrian center, as defined by this chapter, is permitted by right as a principal use in any zoning district when in compliance with the terms of this section.
(2) 
An equestrian center may occupy a portion of the protected open space within a conservation design development, when in compliance with the terms of this section and § 27-1110 and when approved as a conditional use by the Board of Supervisors.
(3) 
The maximum number of horses occupying an equestrian center property at any given time shall be as determined under the terms of § 27-1602, Subsection 1D(3)(b).
(4) 
Prior to initiating the operation of an equestrian center, the operator shall provide the Zoning Officer with a plan for manure storage prepared or approved by the Chester County Conservation District.
(5) 
Any structure used for the boarding of horses shall be set back at least 100 feet from the lot line of any residential property and shall be set back at least 60 feet from any other lot line.
(6) 
All stables shall be maintained in a manner that minimizes odors perceptible at the lot line.
(7) 
The area within which horses are kept shall be enclosed by a fence, designed for containment, which shall be located outside any street right-of-way.
(8) 
The area within which large domestic animals are maintained shall be kept in a suitable grass cover and shall not be allowed to degrade to an erodible condition.
(9) 
The operator of an equestrian center shall exercise suitable control over the animal and shall not allow a nuisance condition to be created in terms of excessive noise, dirt, or odor.
(10) 
Equestrian events, as defined by this chapter, shall be permitted at any equestrian center subject to the following:
(a) 
There shall be a maximum of 50 participants at any single event, excluding relatives or other family or friends of participants.
(b) 
An event shall last no more than two consecutive days, excluding arrival or departure of horses.
(c) 
All parking shall be provided on-site, at a location that is set back a minimum of 60 feet from all residential properties. The amount for an event shall be based on the number of participants, in addition to that required for equestrian centers in Part 15 of this chapter. In addition, all parking areas shall incorporate ten-foot wide lanes between parking rows for fire or emergency access.
(d) 
All solid waste shall be collected and disposed of in compliance with state regulations. Manure management shall comply with the manure storage plan prepared or approved by the Chester County Conservation District, as required under Subsection 1M(4).
(e) 
Use of handheld public announcement systems is permissible, but no permanent system shall be permitted to be constructed or used for events.
(f) 
Vending of materials shall be contained in portable trailers or vehicles to be removed upon the completion of an event, except for sales of materials on consignment, which shall be enclosed in a structure on the property.
(g) 
Overnight camping on the premises shall not be permitted.
N. 
Funeral Homes, Crematoriums.
(1) 
The lot shall be served by public sewer and public water facilities.
(2) 
A crematorium may be permitted as a use accessory to a funeral home in the I - Industrial District. A crematorium shall not be permitted as a principal or accessory use in the C - Commercial District.
O. 
Home Occupation (no-impact).
(1) 
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
(2) 
No exterior evidence of the activity, including signs, lighting, or the display, inventorying, or stockpiling of goods, shall be visible.
(3) 
No retail sales, exclusive of telephone solicitation, may be conducted.
(4) 
Not more than one vehicle, with not more than one dual-wheel axle and a GVWR not to exceed 26,001 pounds, and one trailer with a maximum loaded weight of 10,000 pounds, connected with the home occupation may be maintained on the property.
(5) 
Only residents of the dwelling may be engaged in the activity.
(6) 
The activity may be conducted only within the dwelling unit and may not occupy more than 25% of the habitable floor area.
(7) 
The activity shall not require the delivery of materials and goods by trucks larger than 26,001 pounds GVWR or having more than two rear axles.
(8) 
The activity may not use any equipment or process that creates noise, vibration, glare, fumes, odors, or electrical or electronic interference, including interference with radio or television reception that is detectable in the neighborhood.
(9) 
The activity may not generate any solid waste or sewage discharge in volume or type that is not normally associated with residential use in the neighborhood.
(10) 
The activity may generate no more than 16 one-way vehicle trips per day by customers, clients, salespersons, or suppliers.
(11) 
Except where approved by the Zoning Hearing Board, a property shall have no more than one home occupation per dwelling unit. In addition, a no-impact home occupation shall be permitted by-right on the site of a rural occupation, where such use is authorized under this chapter.
(12) 
Home occupations shall be limited to those occupations customarily conducted within a dwelling unit. Such uses shall include:
(a) 
Artists and artisans.
(b) 
Authors and composers.
(c) 
Beauticians and barbers.
(d) 
Office facilities, excluding medical offices and dental offices.
(e) 
Individual tutoring.
(f) 
Preparation of food or food products to be sold or served off-site.
(g) 
Individual musical instruction, provided that no instrument shall be amplified to be audible at the property line.
(h) 
Telephone solicitation.
(i) 
Dressmaking, sewing, and tailoring.
(j) 
A business activity which, as determined by the Zoning Officer, will have no greater impact on the surrounding neighborhood, when conducted as a home occupation, than those listed above.
P. 
Industrial Activities. The applicant shall demonstrate compliance with all applicable industrial performance standards stated in § 27-1005 of this chapter.
Q. 
Outdoor Storage.
(1) 
Outdoor storage shall be permitted only as an accessory use to an industrial use permitted by right in the I-Industrial District.
(2) 
Outdoor storage may comprise raw materials as well as finished product, provided:
(a) 
Such materials or product shall not include flammable fuels or petroleum products stored above ground.
(b) 
Such materials or product shall be stored to a maximum height of 15 feet.
(c) 
Such areas are included in the calculation of total impervious surface area of a site.
(3) 
Outdoor storage areas shall be located to the side or rear of the primary building or structure in which the industrial use operates, and shall be located outside required yard areas, off-street parking areas, and off-street loading areas.
(4) 
Outdoor storage areas shall be screened from outside view by a security fence designed to be opaque to outside view, to a maximum height of 10 feet. At the discretion of the Township, outdoor storage areas shall be provided with a vegetative buffer area in accordance with the requirements of § 22-629 of the Township Subdivision and Land Development Ordinance [Chapter 22].
(5) 
Outdoor storage areas shall be located and designed so as not to interfere with the operation and function of stormwater management facilities, including all basins, drainage swales, and water quality measures.
R. 
Personal Care Home.
(1) 
As defined and where permitted by this chapter, a personal care home shall be considered a single-family detached dwelling and shall be subject to the regulations applicable to such use in the respective zoning districts where permitted.
(2) 
Requirements for sewage facilities, water supply, and maximum impervious surface shall be those applicable to a single-family detached dwelling in the zoning district where the personal care home is permitted by this chapter.
(3) 
Off-street parking shall comply with the specific requirements of § 27-1502 of this chapter.
S. 
Recreation Facility, Including Health Club. Food service associated with a recreation facility shall be permitted, provided that it is incidental and secondary to the primary recreation use.
T. 
Recycling Center.
(1) 
The applicant shall provide an explanation of the scope of operation and any measures used to mitigate problems associated with noise, fumes, dust, litter, and vector control.
(2) 
The applicant shall conduct regular maintenance of the site to assure the immediate collection of stray debris.
(3) 
Prior to the issuance of a use and occupancy permit, the applicant shall demonstrate compliance with any and all state and federal regulations, and shall document a satisfactory plan for internal circulation and vehicle movements in relation to drop-off areas and temporary parking.
U. 
Restaurant, Including Fast-food Restaurant and Drive-through Service.
(1) 
The permit application shall be accompanied by a working plan for the clean-up and disposal of litter. Dumpsters or similar large-scale outdoor trash receptacles shall be completely screened from view, and access gates shall be closed at all times when not in use.
(2) 
Exterior seating and/or play areas shall be completely enclosed by a three-foot high fence.
(3) 
No part of any structure on the subject property shall be located within 200 feet of the boundary of the A or RC District or any residential district.
(4) 
All lighting within the subject tract shall be designed and located so as not to produce a glare or direct illumination onto abutting properties or street rights-of-way.
(5) 
Prior to the issuance of a use and occupancy permit, the applicant shall demonstrate compliance with county, state, and federal regulations.
(6) 
For any fast-food restaurant, noise shall be controlled to avoid any impact on nearby residential properties.
(7) 
For any restaurant with drive-through service, outside loud speakers shall be audible only to persons in the immediate vicinity of the order-placing or pick-up areas.
V. 
Rural Occupation.
(1) 
Purpose. In providing opportunities for rural occupation uses, it is the Township's intent that any rural occupation shall be compatible with other existing and permitted uses on the property and within the surrounding neighborhood and zoning district(s).
(2) 
Applicability. Rural occupations shall be permitted under the following conditions:
(a) 
The rural occupation shall be deemed accessory and secondary to the principal residential and/or agricultural use of the property.
(b) 
A rural occupation shall be permitted by right in the A - Agricultural District in accordance with the provisions of this section. A rural occupation shall be permitted in the RC - Resource Conservation and FR - Farm Residential Districts provided there is a minimum gross lot size of greater than 10 acres and the criteria of this section are fully complied with.
(c) 
The party proposing to conduct the rural occupation shall either be the lot owner, or a member of the lot owner's immediate family on which the use is to be located. The lot owner or a member of the lot owner's immediate family shall also reside on the property on which the use is to be located. Immediate family shall be defined as the spouse, parents, grandparents, children, grandchildren and great-grandchildren.
(d) 
When there is a change in ownership or occupancy of the property where a rural occupation exists or when there is a proposed change in the type of business, the Zoning Officer shall review the proposed change to see if it conforms to the original approval or if changes shall be made.
(e) 
Only one rural occupation use shall be permitted on any eligible property. A property with a rural occupation may be permitted a home occupation under § 27-1603, Subsection 1D, of this chapter, subject to approval of the Zoning Hearing Board, and is permitted to have a no-impact home occupation under Subsection 1O of this section.
(f) 
A rural occupation does not require the deed restricting of a parcel of land, and further subdivision of the parcel shall be permitted only as long as the existing parcel continues to meet all criteria outlined in this chapter or any subsequent amendment to this chapter.
(3) 
Application Required. The applicant shall set forth in his application that he will comply with all rules and regulations of all government authorities having jurisdiction over the applicant's business. In addition, the applicant shall provide all information necessary to demonstrate compliance with the requirements contained in this section and this chapter.
(4) 
Permits and Inspections Required. A use and occupancy permit is required prior to beginning a rural occupation. The issuance of a use and occupancy permit for a rural occupation shall be deemed an authorization of the Township Zoning Officer to inspect annually and reissue the use and occupancy permit, based on compliance with all requirements of this chapter.
(5) 
Uses Permitted. The following uses are permitted as rural occupations:
(a) 
Blacksmith shop, farrier, farm equipment shop, tinsmithing, or tool sharpening shop.
(b) 
Butcher shop, bakery, or craft shop.
(c) 
Processing of locally produced agricultural products.
(d) 
Preparation of food or food products to be sold or served off-site.
(e) 
Veterinary office.
(f) 
The manufacturing, assembly, warehousing, sales, repair and/or servicing of household articles, including such items as chairs, tables, clocks, cabinets and other similar carpentry-type items, as well as decorative iron work and other articles for use in the home.
(g) 
Sales and repair of appliances and small engines.
(h) 
Dry goods store.
(i) 
Greenhouse.
(j) 
Taxi, limousine, or hauling services, provided all vehicles are housed inside the building used for the rural occupation.
(k) 
Harness shop, plumbing shop, upholstery shop, shoe shop, printing shop, tailor/dressmaking/sewing/hatters shop, welding or metal fabrication services on a customer basis, or quilt shop.
(l) 
Home builder/remodeling business, or other building trades.
(m) 
Grain mills or feed supply operations.
(6) 
Uses Prohibited. The following uses are prohibited as rural occupations: animal rendering; fuel and fertilizer distribution; composting and other farm waste storage facilities; recycling businesses; heavy manufacturing such as the building and repair of dumpsters; automobile, truck, boat or other motor vehicle sales, service and repair facilities; wholesale distribution of industrial products, including lumber and coal yards, building material storage yards, contractors' equipment and storage yards, and commercial warehouses; any custom or commercial hauling or spreading of solid, slurry or liquid wastes.
(7) 
Hazardous Uses Prohibited. No use that requires application or permitting by the PA DEP for the handling of hazardous waste or other substances shall be permitted.
(8) 
Use and Design Standards and Requirements. Rural occupations shall be permitted in accordance with the following use and design standards and requirements:
(a) 
The following standards shall apply to a rural occupation:
Property Size
(gross acres)
Max. Building Coverage (Principal Building)
Max. # Employees (non-family members)
Max. Land Area Devoted to Use
3 to 5
2,000 square feet
2
0.50 acres
>5 to 10
3,000 square feet
3
0.75 acres
>10 to 15
4,000 square feet
4
1.00 acres
>15 to 20
5,000 square feet
5
1.25 acres
>20
6,000 square feet
6
1.50 acres
(b) 
Principal Rural Occupation Building. The rural occupation shall be conducted within a completely enclosed accessory building. This building shall be the principal rural occupation building, and may be an existing accessory building at least one-year old or a newly constructed, conforming building. If a new building is constructed for the rural occupation, it shall be located to the side or rear of the principal dwelling unit, and shall be set back a minimum of 100 feet from all lot lines and rights-of-way.
(c) 
Additional Buildings Permitted. The rural occupation may also utilize two additional buildings, one to house a power supply and one to store materials.
1) 
The power supply building shall not exceed 500 square feet and may be located adjacent to the principal rural occupation building.
2) 
The storage building shall not exceed 50% of the gross floor area of the principal rural occupation buildings, nor exceed the height of the principal rural occupation building. The storage building may be connected to the principal rural occupation building, but such connection shall be by breezeway roof only.
(d) 
Architectural Design. All rural occupation buildings shall be designed and built to be visually consistent with traditional farmsteads and residential uses and shall afford minimal external evidence of the nature of the rural occupation.
(e) 
Parking and Loading. All off-street parking and loading spaces shall conform to Part 15. Parking lots shall be provided only at the side or to the rear of the buildings housing the rural occupation.
(f) 
Performance Standards. The home occupation may not use any equipment or process that creates noise, vibration, glare, fumes, odors, or electrical interference, including interference with radio or television reception that is detectable in the neighborhood. Standards for compliance shall be those found in § 27-1005 of this chapter.
(g) 
Outdoor Storage. The outdoor storage of materials, products or supplies connected with a rural occupation shall be permitted in accordance with the following standards:
1) 
In no case shall outdoor storage be permitted in the front yard of the building housing the rural occupation.
2) 
Materials, products or supplies shall not be stacked to a height greater than 12 feet.
3) 
A vegetative screening buffer shall be installed between the rural occupation buildings/area and adjoining property lines and street rights-of-way to mitigate the visual effects of the rural occupation. Screening shall comply with the provisions of § 22-629 as determined by the Township Engineer or Zoning Officer.
[Amended by Ord. 181-2016, 4/13/2016]
4) 
Any outdoor facility for hazardous chemicals, as identified by the OSHA, shall be a double-walled tank or shall be located on impervious pavement completely enclosed by an impervious dike high enough to contain the total volume of liquid kept in the storage area, plus the accumulated rainfall of a fifty-year storm. Storage tanks for any petroleum products not exceeding 275 gallons in size may be exempted from this requirement, provided they comply with any applicable state or federal requirements.
(h) 
Signs. One non-illuminated sign not exceeding eight square feet shall be permitted and shall be set back a distance at least equal to its height from every lot line and road right-of-way and shall not interfere with required sight triangles.
(i) 
Retail Sales Permitted. When a rural occupation involves retail sales, the sales and display area shall not exceed 15% of the first floor area of the principal rural occupation building. The 15% retail sales and display area shall not be in addition to the proposed first floor area.
(j) 
All roof-mounted storage/fuel tanks and other equipment shall be suitably screened or enclosed so as not to be visible from any property line or road, using materials visually compatible with the building on which they are located.
(k) 
Driveways. All rural occupations shall comply with the following requirements:
1) 
All driveway intersections, whether existing or proposed, shall conform to the sight distance requirements of the Township or the Pennsylvania Department of Transportation, whichever governmental body has jurisdiction. The applicant shall demonstrate that the land use provides for the safe and efficient movement of traffic.
2) 
Any rural occupation shall have a paved driveway apron extending 30 feet into the parcel from the roadway. In addition, access drives and parking areas shall be of sufficient length and size to accommodate the off-road stacking of delivery and customer vehicles.
(l) 
The applicant shall furnish evidence from the Chester County Health Department and/or the Pennsylvania Department of Environmental Protection that an approved means of sewage disposal shall be utilized.
(m) 
Waste Collection and Disposal. All rural occupations shall comply with the following requirements:
1) 
All trash dumpsters shall be located within a side or rear yard of the building used for the rural occupation and be completely enclosed within a masonry or fenced enclosure equipped with a self-latching door or gate.
2) 
Evidence shall be provided indicating that the disposal of all material and wastes shall be accomplished in a manner that complies with state and federal regulations. No burning of waste shall be permitted; except that untreated or unpainted wood scraps may be used for heating purposes. Proper disposal of materials and wastes shall be done on a regular basis. All solid wastes generated by a rural occupation shall be disposed of in a trash dumpster or stored inside until the wastes can be disposed of properly.
(n) 
Hours of Operation. Rural occupations shall only be conducted between the hours of 6:00 a.m. and 9:00 p.m.
(o) 
Vehicles Used for Rural Occupation. Not more than one vehicle, with not more than two rear axles, and no more than one trailer, connected with the rural occupation may be maintained on the lot in conjunction with the rural occupation.
W. 
Scientific or Industrial Research, Engineering, Laboratory, Product Testing Facility, and Design Center. All animals used in research shall be kept indoors at all times.
X. 
Self-Service Storage Warehouse.
(1) 
All storage shall be located within an enclosed building except for any boat or recreational vehicle which may be stored outside in designated areas. The storage of partially dismantled, wrecked, inoperable, unlicensed or unregistered vehicles is prohibited.
(2) 
All self-service storage warehouse facilities shall be enclosed by an open metal fence of not less than six feet in height. Said fencing may be placed outside of the building setback lines provided that all screening required by this chapter is between the fence and the property lines.
(3) 
All driveways which have traffic traveling in two directions shall be at least 30 feet in width. Any driveway which has traffic proceeding in one direction shall be at least 24 feet in width if it services self-storage facilities on both sides of the driveway. If the driveway with traffic traveling in one direction services self-storage facilities on only one side, it shall be a minimum of 20 feet in width. Driveway designations, locations, and interior circulation shall be set forth on the plans accompanying the land development application.
(4) 
The storage of flammable liquids (except in the gas tanks of boats or recreational vehicles stored outside), highly combustible or explosive materials, or hazardous chemicals shall be prohibited. The use of property utilized for self-storage shall be limited to the storage of residential, commercial or professional goods or records to which access is needed on a limited basis, i.e., general wholesale or retail distribution or sales are prohibited.
(5) 
The exterior fencing shall be provided with a lockable gate, and said gate shall be kept locked except during such time that the premises is open to the public or lessees of the facilities. During such time that the premises are so open to the public, there shall be an on-site manager provided, or his designee, who shall remain on the premises during all hours that the facility is open. A manager's quarters shall be permitted on the facility as an accessory use.
Y. 
Veterinary Office or Clinic; Animal Hospital.
(1) 
All activities shall be provided within a fully-enclosed building.
(2) 
The owner/operator of the veterinary office, veterinary clinic, or animal hospital shall be responsible to exercise suitable control over the animals and shall not allow a nuisance condition to be created in terms of excessive noise, dirt, or odor. The noise level at lot lines shall not exceed 55 dBA continuously for 10 minutes as measured at the property line.
(3) 
Activities including the boarding of animals not specifically for health-related care or monitoring of ongoing medical conditions, such as the temporary boarding of animals, shall comply with the requirements of § 27-1604, Subsection 1M, including the procedural requirements described in that section.
(4) 
The minimum lot area for a veterinary office or veterinary clinic shall be as follows:
(a) 
Without animal housing capability: see minimum lot area of zoning district or see Part 24, where applicable.
(b) 
With animal hospital: three acres.
(c) 
With boarding kennel/animal shelter: see § 27-1604, Subsection 1M.
(5) 
The veterinary office, veterinary clinic, or animal hospital shall comply with the minimum setback requirements of the applicable zoning district. Such facilities incorporating boarding kennel or animal shelter operations shall comply with the setback requirements in § 27-1604, Subsection 1M.
(6) 
All deceased animal or animal waste disposal shall comply with all applicable state and federal regulations.
Z. 
Wholesale Distribution, Storage, Warehouse.
(1) 
All tractor trailer parking, outdoor storage, and loading/unloading areas visible from beyond the tract boundary shall be screened in accordance with the requirements in § 27-1713 of this chapter. Plantings also shall comply with the following standards:
(a) 
Trees shall be selected, in part, for resistance to diesel exhaust.
(b) 
Trees shall be planted on the exterior side of any required berm, any wall permitted in place of such a berm, any wall used for screening, any fence, and/or any evergreen screening.
(c) 
Trees may be planted on the top of any berm for purposes of effective screening.
(2) 
Township requirements for landscaping the interior of parking areas shall not be applicable to this use.
(3) 
Any truck entrance, loading/unloading area, outdoor storage, or truck parking area shall be a minimum of 250 feet from any residential use.
(4) 
There shall be an appropriate system to contain and properly dispose of any fuel, grease, oils, or similar pollutants that may spill or leak where such substances are stored or where vehicles are fueled, repaired, or maintained.
AA. 
Accessory Apartment.
(1) 
An accessory apartment unit shall be permitted as a matter of right either by conversion of or addition to a principal single-family detached dwelling on any lot or tract of land when in compliance with the standards of this section. Alternatively, the accessory apartment may be located in an accessory building or free-standing building upon the property, provided there is an existing single-family dwelling on the property. Only one accessory apartment shall be permitted on any single property.
(2) 
Such apartment unit shall be permitted only on a lot or tract which is two acres or more.
(3) 
The habitable floor area of the accessory apartment shall not exceed 50% of the habitable floor area of the principal dwelling unit.
(4) 
All applicable area and bulk regulations of the zoning district shall be met.
(5) 
When expanding or converting a principal dwelling unit, the accessory apartment unit shall be attached to the principal dwelling unit by a common wall which encloses habitable space and gives the appearance of a single dwelling unit from the exterior view; alternatively, the accessory dwelling unit shall be wholly contained within the principal dwelling unit.
(6) 
Approval from the Chester County Health Department shall be required for the sewer and water systems to be used at the premises for the accessory apartment; such approval shall occur prior to issuance of any building permit.
(7) 
Sketch plans and building plans for any accessory apartment unit shall be submitted to the Zoning Officer as part of a building permit application.
(8) 
A sketch plan shall show ingress and egress to existing and proposed buildings and compliance with applicable area and bulk regulations. It shall also demonstrate that adequate and suitable parking space for not less than two cars per dwelling unit is provided, beyond the road right-of-way.
(9) 
If required for safety reasons, fire escapes and/or outdoor stairways shall be located to the side or rear of the dwelling.
(10) 
Prior to issuance of a use and occupancy permit, the accessory apartment shall be inspected for compliance with applicable zoning regulations. Thereafter, every three years, or at a change in tenancy, the accessory apartment shall be inspected by the Township for compliance with applicable zoning regulations.
(11) 
The property owner shall notify the Township of any change in tenancy within 30 days of said change. The required inspection shall occur within 30 days of the date the notification is received by the Township.

§ 27-1603 Uses Permitted by Special Exception.

[Ord. 104-2003, 3/12/2003, § 1602; as readopted by Ord. 129-2007, 8/2/2007, § 1; by Ord. 145-2009, 5/13/2009, § 7; by Ord. 151-2010, 7/14/2010, § 7; and by Ord. 165-2013, 6/12/2013, § 12]
1. 
The following standards shall be addressed by the applicant and applied by the Zoning Hearing Board in evaluating an application for use by special exception, where such special exception is authorized in one or more of the base zoning districts of this chapter:
A. 
All uses regulated by the terms of this section shall also be in compliance with any applicable standards in:
(1) 
Part 17, "General Regulations," of this chapter including, but not limited to, standards for lighting, landscaping, screening, internal circulation, and access and traffic control, storage, and noise control.
(2) 
Part 14, "Signs."
(3) 
Part 15, "Off-Street Parking and Loading."
B. 
Communication Towers, Antennas, and Equipment.
(1) 
The following definitions shall apply only within the context of Subsection 1B:
ACCESSORY EQUIPMENT
Any equipment serving or being used in conjunction with a wireless telecommunications facility or wireless support structure. The term includes utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters or similar structures.
ANTENNA
Telecommunications equipment that transmits and receives electromagnetic radio signals used in the provision of all types of wireless telecommunications services.
COLLOCATION
The placement or installation of new wireless telecommunications facilities on previously approved and constructed wireless support structures, including self-supporting or guyed monopoles and towels, electrical transmission towers, water towers or any other structure not classified as a wireless support structure that can support the placement or installation of wireless telecommunications facilities if approved by the Township. The term includes the placement, replacement or modification of accessory equipment within a previously approved equipment compound.
EQUIPMENT COMPOUND
An area surrounding or adjacent to a wireless support structure within which base stations, power supplies or accessory equipment are located.
MODIFICATION OR MODIFY
The improvement, upgrade or expansion of existing wireless telecommunications facilities or base stations on an existing wireless support structure or the improvement, upgrade, or expansion of the wireless telecommunications facilities located within an existing equipment compound, if the improvement, upgrade, expansion or replacement does not substantially change the physical dimensions of the wireless support structure.
REPLACEMENT
The replacement of existing wireless telecommunications facilities on an existing wireless support structure or within an existing equipment compound due to maintenance, repair or technological advancement with equipment composed of the same wind loading and structural loading that is substantially similar in size, weight and height as the wireless telecommunications facilities initially installed and that does not substantially change the physical dimensions of the existing wireless support structure.
1) 
Any increase in the height of the wireless support structure by more than 10% or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater, except that the mounting of the proposed wireless telecommunications facility may exceed the size limits set forth in this paragraph if necessary to avoid interference with existing antennas.
2) 
Any further increase in the height of a wireless support structure which has already been extended by more than 10% of its originally approved height or by the height of one additional antenna array in accordance with the provisions of this section shall not occur without Township approval.
WIRELESS SUPPORT STRUCTURE
A freestanding structure, such as a guyed or self-supporting monopole or tower, electrical transmission tower, water tower or other structure not classified as a wireless support structure that could support the placement or installation of wireless telecommunications facilities if approved by the Township.
WIRELESS TELECOMMUNICATIONS FACILITY
The set of equipment and network components, including antennas, transmitters, receivers, base stations, cabling and accessory equipment, used to provide wireless data and telecommunications services. The term shall not include the wireless support structure.
(2) 
Communications Antenna. A communications antenna may be attached to or mounted on an existing public utility building or structure, or an existing communications tower, water tower, silo, or other nonresidential building or structure when approved as a special exception by the Zoning Hearing Board, if the height of the antenna does not exceed the height of the existing structure by more than 10 feet. Any such antenna shall be constructed to simulate the architectural facade and/or color of the building or object to which it is attached, and shall comply with the Township Building Code [Chapter 5, Part 1] and all other applicable requirements. A communications antenna may not be attached to a flag pole, as that term is defined in this chapter. This section shall not apply to the placement of wireless telecommunications equipment meeting the requirements outlined in § 27-1603, Subsection 1B(5).
(3) 
Communications Tower. A communications tower may be constructed on ground, the natural existing elevation of which is 850 feet or more above sea level, when approved as a special exception by the Zoning Hearing Board, in accordance with the terms of this section. Height of the communication tower shall not exceed 150 feet.
(4) 
Communications Equipment Building. A communications equipment building may cover no more than 350 square feet of ground. The applicant shall locate as much of the associated equipment below the ground surface as feasible.
(5) 
Collocation, Modification, or Replacement of Wireless Telecommunications Facilities.
(a) 
The process under this subparagraph shall apply to all applications for collocation, replacement or modification of antennas, accessory equipment, or wireless telecommunication facilities upon an existing wireless support structure or within an existing compound that meet all of the following requirements:
1) 
The proposed collocation, modification or replacement may not substantially change the physical dimensions of the wireless support structure to which the wireless telecommunications facilities are to be attached.
2) 
The proposed collocation, modification or replacement may not further increase the height of a wireless support structure which had already been extended by more than 10% of its originally approved height or by the height of one additional antenna array; provided, however, that nothing herein shall preclude an applicant from further increasing the height of a wireless support structure which had already been extended by more than 10% of its originally approved height or by the height of one additional antenna array if permitted and approved by the Township.
3) 
The proposed collocation, modification, or replacement may not increase the dimensions of the equipment compound approved by the Township.
4) 
The proposed collocation, modification or replacement complies with applicable conditions of approval applied to the initial wireless telecommunications facilities, equipment compound and wireless support structure.
5) 
The proposed collocation, modification, or replacement may not exceed the applicable wind loading and structural loading requirements for the wireless support structure.
(b) 
Notwithstanding the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq., or other land use or zoning ordinances or regulations, applications for replacement, collocation or modification, meeting the above-noted requirements, shall be reviewed for conformance with the Township's applicable building permit requirements, including requirements applicable to the added structural loading of the proposed antennas and accessory equipment, but shall not be subject to the issuance of new zoning or land use approvals or review beyond the initial zoning or land use approvals issued for the previously approved wireless support structure or wireless telecommunications facility.
(c) 
Replacement of wireless telecommunication facilities, meeting the requirements of Subsection (5)(a), on existing wireless support structures or within existing equipment compounds may be performed by the applicant without obtaining building or zoning permits from the Township.
(d) 
A zoning permit fee related to any application complying with this section shall not be charged a fee in excess of the Township's actual, reasonable costs to review and process the application, or $1,000, whichever is less.
(e) 
Within 30 calendar days of the date an application for modification or collocation is filed with the municipality, the municipality shall notify the applicant in writing of any information required to complete the application. If additional information is required to complete the application, the time required by the application to provide the information shall not be counted toward the 90 calendar day review period noted below.
(f) 
Within 90 calendar days of the date an application for modification or collocation of a wireless telecommunications is filed with the municipality, unless another date is specified in a written agreement between the municipality and applicant, the Township shall do all of the following:
1) 
Make its final decision to approve the application.
2) 
Advise the applicant in writing of its final decision.
(g) 
If the Township fails to act upon an application for the modification or collocation of wireless telecommunication facilities within 90 calendar days as provided above, the application shall be deemed approved. If the Township advised the applicant in writing that additional information is required to complete the application, per Subsection (5)(e) above, the time required by the applicant to provide the information shall not be counted toward the ninety-day period within which the Township's failure to act shall result in a deemed approval.
(6) 
Notification of Property Owners. An applicant seeking to construct, relocate, or alter a communications tower and/or antenna shall file a written certification with the Zoning Hearing Board that all property owners within a one-thousand-foot radius of the proposed site have been notified by the applicant, in writing, by certified (return receipt) and regular mail at least 14 days prior to the date of the hearing, of the applicant's proposed construction, relocation, or alteration. The certification shall contain the name, address, and tax parcel number of each property owner so notified. Such notice also shall contain the date, time, and place of the public hearing at which the applicant shall appear.
(7) 
Prohibited Uses. All other uses ancillary to the tower, antenna, and/or communications equipment building (including a business office, maintenance depot, vehicle storage, etc.) are prohibited from the antenna or tower site unless otherwise permitted in the zoning district in which the site is located, in which case the area and bulk requirements for such use in that district shall be applicable.
(8) 
Personnel and Parking. Except where ancillary uses are permitted in the zoning district in which the site is proposed, the communications tower and/or antenna shall be fully automated and require only occasional or periodic on-site attention from maintenance or operational personnel. Unless specifically required for the ancillary use, off-street parking at the site shall not exceed two spaces.
(9) 
Site Plan. A full site plan shall be required and shall accompany the application for special exception for any communications facility, showing all existing and proposed improvements including, but not limited to, proposed antennas, towers, structures, fencing, buffering, and ingress and egress. The plan shall comply with the requirements for a preliminary plan under the Township Subdivision and Land Development Ordinance [Chapter 22].
(10) 
Standards for Review of Special Exception Requests. In addition to the applicable requirements of this section and other sections of this chapter, the Zoning Hearing Board shall review a special exception request to construct a communications antenna or tower and only approve same if the following standards are complied with:
(a) 
Subject also to the height limitation for a communications tower, as defined, the applicant shall demonstrate that the proposed communications tower and/or communications antennas proposed to be mounted thereon is/are the minimum height required to function satisfactorily. No antenna taller than this minimum height shall be approved unless the applicant proves that another provider of wireless, cellular, or personal communications services has already agreed to co-locate on the applicant's communications tower at greater height than the applicant requires.
(b) 
The applicant must demonstrate that the distance between the communications tower, including all supporting equipment and structures, and any property line or right-of-way shall be greater than or equal to the height of the communications tower. These setback requirements may be modified by the Zoning Hearing Board if it finds that placement of a communications tower and/or antenna in a particular location will reduce its visual impact.
(c) 
The applicant shall provide a plan prepared by a landscape architect showing landscaping to be installed to screen and buffer as much of the support structure as possible. Vegetative screening material shall be evergreen, balled and burlapped, and shall be a minimum of six feet in height at the time of installation and capable of reaching a minimum height of 30 feet at maturity. The landscape plan shall incorporate existing features where appropriate.
(d) 
Existing vegetation on and around the proposed site shall be preserved to the greatest extent feasible. Removal of any tree of one foot dbh or greater shall require approval from the Zoning Hearing Board, and such approval shall be granted only upon demonstration by the applicant that such removal is reasonably required to clear an area for construction of the tower.
(e) 
In order to reduce the number of communication towers needed in the Township in the future, the applicant shall demonstrate that the proposed communication tower shall be designed to accommodate other users, including other cellular communications companies and/or local police, fire, and emergency responders. The applicant shall produce specific documentation of contact made with the Chester County Department of Emergency Services for purposes of avoiding potential interference with emergency communications.
(f) 
No communications tower, antenna, or equipment building may be lighted except when required by the Federal Aviation Administration (FAA).
(g) 
The applicant shall provide for a removal bond, in an amount deemed appropriate by the Zoning Hearing Board, to assure that proper security is provided to accomplish removal of the communications tower and/or communications antennas if the permitted communications use is abandoned, as required in Subsection 1B(13) below.
(h) 
The applicant shall provide with its application to the Zoning Hearing Board:
1) 
A copy of its current Federal Communications Commission (FCC) license.
2) 
Where a communications antenna is proposed to be mounted on a structure owned by a party other than the applicant, the current name, address, and emergency telephone number of the owner or operator of the structure.
3) 
A certification signed by a duly authorized officer of the applicant providing that, after due inquiry, the information being supplied is true and correct to the best of his knowledge, information, and belief.
4) 
Copies of all applicable federal regulations with which it is required to comply and a schedule of estimated FCC inspections.
(i) 
The applicant shall present a certificate of insurance, issued to the owner/operator of the communications tower and/or antennas, evidencing that there is adequate current liability insurance in effect insuring against liability for personal injuries and death and property damage caused by communications facilities.
(j) 
Communications towers and/or antennas shall either have a galvanized finish or be painted silver or other colors, such as green and blue, or a combination thereof (e.g., painted green up to the height of nearby trees and the remainder blue or blue gray to blend with the sky), as shall be required and approved by the Zoning Hearing Board. All such facilities, including associated equipment, shall be aesthetically and architecturally compatible with the surrounding environment and shall maximize the use of a like facade to blend with the existing surroundings and neighborhood buildings.
(k) 
No sign or similar structure shall be mounted on a communications facility, except as may be required by the FCC, FAA, or other governmental agency.
(l) 
In the event that a communications antenna is attached to an existing structure, vehicular access to the antenna and any accessory equipment shall not interfere with the parking or vehicular circulation on the site for the existing principal use.
(11) 
Structural Standards.
(a) 
Prior to issuance by the Township of a permit authorizing construction and erection of a communication tower, a structural engineer registered in Pennsylvania shall issue to the Township a written certification of the tower's ability to meet the structural standards of either the Electronic Industries Association or the Telecommunication Industry Association including, but not limited to, the ability of the tower to withstand wind gusts of 100 mph. Further, the engineer shall certify the proper construction of the foundation, adequacy of the soils relative to the design of the foundation and location of any guy wires, and the erection of the tower.
(b) 
Where antennas are proposed to be attached to an existing structure, such engineer shall certify that both the structure and the antennas and their appurtenances meet the minimum industry standards for structural integrity.
(c) 
The certifications required by this section shall constitute a condition of any special exception approval granted by the Zoning Hearing Board for the proposed use.
(12) 
Maintenance and Repair. All communications towers, antennas, and associated equipment shall be maintained and kept in good repair as required by federal law H.R. 6180/S.2882, the Telecommunications Authorization Act of 1992, including amendments to §§ 303(q) and 503(B)(5) of the Communications Act of 1934, all other governmental regulations as from time to time amended, and all Township ordinances consistent therewith.
(13) 
Annual Inspection and Report. The applicant for approval to erect a communications tower, or the owner of the tower, shall submit annually to the Township Engineer, within 60 days following inspection, a copy of the annual inspection report and antennas by a structural engineer registered in Pennsylvania as required by the ANSI/EIA/TIA-222-E Code or other applicable regulations. Based upon the results of such an inspection, the Zoning Officer may require removal or repair of the communications tower or part thereof if public safety so requires. Such removal or repair shall be completed within 30 days after the Township's written notice requiring same to the owner of the facility. In the event the annual inspection referred to above is not performed and/or the required annual report is not filed with the Township Engineer in a timely manner, the owner shall be subject to the enforcement remedies of Part 21 of this chapter.
(14) 
Interference with Existing Reception. In the event that a communications tower and/or antenna causes interference with: (a) the radio or television reception on any property within the Township, or (b) any police, fire, or similar emergency services communication, for a period of three consecutive days, the property owner or emergency service provider may notify the applicant of such interference and the applicant, at the applicant's sole expense, shall thereafter ensure that any interference problems are promptly corrected. In the event the applicant fails or refuses to take the necessary steps to correct the interference in a timely manner, the applicant shall be subject to the enforcement provisions of this chapter.
(15) 
Abandonment and Removal. If use of the communications facility or any part thereof is abandoned or if the facility is not in use for its originally intended purpose for a period of one year or longer, the owner of the facility shall demolish and/or remove the facility from the site within six months of such abandonment or nonuse. Abandonment shall be presumed after one year of nonuse, and the owner of the facility shall have the burden of proving non-abandonment. In the event the demolition or removal is not performed in a timely manner, the owner shall be subject to the civil enforcement proceedings of Part 21 of this chapter.
C. 
Elder Cottage Housing Opportunity (ECHO).
(1) 
An ECHO housing unit shall be a temporary dwelling, and shall be accessory to a single-family detached dwelling.
(2) 
The applicant shall demonstrate compliance with the requirements of this Subsection 1C. In addition, as a condition of any grant of a special exception, the Zoning Hearing Board shall require that the landowner enter into an agreement with the Board of Supervisors governing the use, occupancy, and removal of the ECHO dwelling unit and establishing an escrow of sufficient amount to cover the cost of removal of said dwelling unit.
(3) 
The proposed ECHO dwelling unit may not exceed 1,000 square feet of floor area.
(4) 
The total combined impervious coverage for the principal dwelling, the accessory structures, and the proposed ECHO dwelling shall not exceed the maximum amount permitted in the prevailing zoning district.
(5) 
The proposed ECHO dwelling shall be occupied by either: (a) an elderly, handicapped, or disabled individual (as those terms are defined in the Americans with Disabilities Act of 1990 and any subsequent amendment thereto) related to an occupant of the principal dwelling by blood, marriage, or adoption, or (b) the caregiver for any of the above mentioned individuals. The proposed dwelling shall not be occupied by more than two people.
(6) 
The applicant shall provide documentation that the proposed method of sewage disposal and water supply comply with the requirements of the applicable permitting authority.
(7) 
The proposed ECHO dwelling shall be located to the side or rear of the principal dwelling and shall be subject to all side and rear yard requirements of the prevailing zoning district.
(8) 
If the proposed dwelling is a mobile home, it shall be placed on the lot in accordance with the applicable foundation and anchoring requirements.
(9) 
The proposed ECHO dwelling unit shall be provided with properly designed and approved utility connections.
(10) 
Upon the proper installation of the ECHO dwelling, the Zoning Officer shall issue a temporary use and occupancy permit. This permit shall be reviewed during the month of January of each year until such time that the dwelling is to be removed. A fee, in an amount established by resolution of the Board of Supervisors, shall be paid by the landowner upon each renewal of the temporary permit.
(11) 
Upon occupancy of the ECHO dwelling unit, the property owner shall advise the Township of the person(s) residing in the unit. A new use and occupancy permit shall be required whenever there is a change in the person or persons residing in the ECHO dwelling unit.
D. 
Home Occupations.
(1) 
Purpose. The purpose of the standards in this section is to provide opportunity for certain home occupation uses that do not comply fully with the criteria in § 27-1602, Subsection 1O, for home occupations permitted by right, primarily due to the proposed employment of nonresidents and/or the nature of the proposed use. Except as superseded by the standards herein, any applicant seeking approval of a home occupation as a special exception shall comply with the standards in § 27-1602, Subsection 1O. It is the intent of this section to assure that any home occupation is:
(a) 
Compatible with other uses permitted in the respective zoning district.
(b) 
Incidental and secondary to the use of the property as a residential lot.
(c) 
Helping to maintain and preserve the character of the neighborhood.
(2) 
Applicability. To qualify for a public hearing on a special exception under the terms of this section, the applicant shall demonstrate compliance with the following:
(a) 
The location of the home occupation use shall be within a single-family detached dwelling or a building accessory to the dwelling.
(b) 
The property on which the home occupation is proposed shall have frontage on and direct access to a public street.
(c) 
If the resident conducting the home occupation is a tenant and not the owner of the property, the owner shall be party to the application for special exception approval.
(d) 
No more than one home occupation is permitted on any property. Any property that has a rural occupation operating in compliance with § 27-1602, Subsection 1V, of this chapter shall be permitted to have a home occupation under the terms of this section.
(3) 
Application Requirements. The application shall provide all information necessary to demonstrate compliance with the requirements contained in this section and this chapter, as well as all other pertinent rules and regulations of all government authorities having jurisdiction over the applicant's proposed use.
(4) 
Permit Required. No home occupation approved under the terms of this section shall operate without having applied for a permit and having been issued a use and occupancy permit by the Township, as required by § 27-1905, Subsection 2E, of this chapter.
(5) 
Uses Permitted. Home occupations shall be limited to those occupations customarily conducted within a dwelling unit or a building accessory to a dwelling unit. In addition to those uses listed in § 27-1602, Subsection 1O, these uses shall include:
(a) 
Medical or dental office.
(b) 
Family child/adult day care involving no more than six children or adults unrelated to the operator, and provided the following criteria are met:
1) 
The minimum size of the lot containing the day care facility shall be 15,000 square feet.
2) 
Passenger drop-off and pick-up areas shall be provided on-site and arranged so that passengers are not required to cross traffic lanes on or adjacent to the site and vehicles are not required to back out onto the abutting street.
3) 
There shall be suitable outside activity/recreation area which shall be buffered from all adjoining properties with screening of evergreens, walls, fencing or other materials acceptable to the Zoning Hearing Board. Any wall or fence shall not be constructed of corrugated metal, corrugated fiberglass, or sheet metal. Screening shall be arranged to block the ground level views between grade and the height of six feet. Landscape screens shall achieve this visual blockage within two years following installation.
(c) 
Repair and/or servicing of household articles, including such items as chairs, tables, clocks, cabinets and other similar carpentry-type items, as well as decorative iron work and other articles for use in the home.
(d) 
Repair of appliances and small engines, including sales of serviced appliances or small engines.
(e) 
Taxi or limousine services, provided all vehicles are housed inside an accessory structure designated for use with the home occupation.
(f) 
Retail sale of merchandise, supplies, or products shall not be conducted on the property except for the following:
1) 
The sale of items that are clearly incidental and subordinate to the conducting of the home occupation or items used in the home occupation such as the sale of beauty supplies used by the proprietor is permitted.
2) 
Orders previously made by telephone, appointment, or other prior contact may be filled at the site of the home occupation. There shall be no direct sales of products from display shelves or rack, but a person may pick-up an order placed earlier as described above.
(g) 
Building trades, including contracting services provided off-site, provided equipment involved in such operations is housed in the primary residential building or one accessory structure located on-site.
(h) 
Uses not listed that, in the determination of the Zoning Hearing Board, are considered to be of the same general character as the home occupations listed herein.
(6) 
Use and Design Standards and Requirements. Home occupations approved under this section shall comply with the following use and design standards and requirements:
(a) 
Any home occupation shall be clearly incidental and secondary to the use of the property as a residence.
(b) 
A home occupation shall not change the residential character of the property.
(c) 
A home occupation may be conducted, in whole or in part, within an accessory building on the property, subject to the following size limitations:
Property Size
Maximum Gross Area of Accessory Structure
Up to 1 acre
600 square feet
>1 acre up to 2 acres
1,200 square feet
>2 acres
1,800 square feet
Buildings already existing on the property that are intended for use with the home occupation shall comply with the square footage limitations indicated above.
(d) 
Employees. No more than two nonresident employees shall be permitted.
(e) 
Parking. Adequate off-street parking shall be provided for both the home occupation and the dwelling unit. In no case shall the parking spaces provided be less than two for the dwelling unit, one for each nonresident employee, and such other parking spaces as required under Part 15 of this chapter. Such parking spaces shall be screened from adjoining properties in accordance with § 22-629 of the Township Subdivision and Land Development Ordinance. [Chapter 22].
(f) 
No outdoor storage or display of goods shall be permitted.
(g) 
Performance Standards. The home occupation may not use any equipment or process that creates noise, vibration, glare, fumes, odors, or electrical interference, including interference with radio or television reception that is detectable in the neighborhood. Standards for compliance shall be those found in § 27-1005 of this chapter.
(h) 
A home occupation shall not generate waste products or material of a quality or quantity not normally associated with a residential use.
(i) 
Traffic. The operation of a home occupation shall not generate traffic on nearby roads that is substantially higher than that for a residential use.
(j) 
The applicant shall demonstrate that sufficient water and sewage disposal service is available for the home occupation. If the property is served by public water and/or public sewer service, the applicant shall provide confirmation from the water and/or sewer service provider that capacity is available for the home occupation. If the property is served by on-lot sewage disposal, the applicant shall present evidence that the existing on-lot sewage disposal system is adequate to dispose of the anticipated sewage flows from the home occupation.
(k) 
Hours of Operation. An approved home occupation may be conducted only during the hours of 7:00 a.m. to 9:00 p.m.
E. 
Junkyard.
(1) 
The minimum lot area requirement shall be two acres, and no junkyard shall exceed a maximum size of five acres.
(2) 
The applicant shall demonstrate compliance with all applicable industrial performance standards stated in § 27-1005 of this chapter.
(3) 
In all other respects, any junkyard shall comply with the requirements of Ord. 87-2000, 6/14/2000, "Honey Brook Township Junkyard Ordinance," [Chapter 10, Part 1] and any amendments thereto.
F. 
Paragraph Reserved for Future Use.
G. 
Municipal Landfill.
(1) 
Any landfill approved under the terms of this section shall be owned and operated by the Township or by an Authority of which the Township is an active participating member. The proposed facility shall conform to all requirements of the Pennsylvania Department of Environmental Protection.
(2) 
All solid waste processing operations shall be conducted within a wholly-enclosed building.
(3) 
No refuse shall be deposited or stored, and no building or structure shall be located, within 300 feet of any lot line and 500 feet of any land within a residential zone.
(4) 
Any area used for the unloading, transfer, storage, processing, incineration, or deposition of refuse must be completely screened from ground-level view at the property line. The use of an earthen berm is recommended whenever possible. In addition, such areas must also be completely enclosed by an eight foot-high fence, with no openings greater than two inches in any direction.
(5) 
The application for special exception approval must include written documentation demonstrating how the applicant will comply with all applicable state and federal standards and regulations.
(6) 
All driveways into the site shall be paved for a distance of at least 200 feet from the street right-of-way line. In addition, a fifty-foot-long gravel section of driveway should be placed beyond the preceding paved section to collect any mud that may have accumulated on the wheels of any vehicles.
(7) 
Access to the site shall be limited to those posted times when an attendant is on duty. In order to protect against indiscriminate and unauthorized dumping, all areas of the site shall be protected by locked barricades, fences, gates, or other means to prohibit access to the area at unauthorized times or locations.
(8) 
Hazardous waste, as identified by the Pennsylvania Department of Environmental Protection, shall not be disposed of within the subject property.
(9) 
The application for special exception approval must include a working plan to prevent the scattering of debris and litter, as well as clean-up of the same.
(10) 
The facility shall employ qualified facility operators responsible for supervising all activities relating to unloading, processing, transfer, and deposition of solid waste.
(11) 
Leak-proof and vector-proof containers shall be provided for the storage of: [a] any waste that cannot be used in any disposal process, or [b] material that is to be recycled. Such containers shall be designed to prevent their being carried by wind and/or water and shall be stored within a wholly-enclosed building.
(12) 
No more solid waste shall be stored on the property than is necessary to keep the facility in constant operation. Under no circumstance shall such waste be stored longer than 72 hours.
(13) 
Any application for special exception approval shall include a contingency plan for the disposal of solid waste in the event of a facility shutdown.
(14) 
Leachate from the solid waste shall be disposed of in a manner in compliance with all applicable state and federal laws or regulations. If leachate is to be discharged to a municipal sewage facility, appropriate permits shall be obtained from the applicable agencies and authorities. In no event shall leachate be disposed of in a storm sewer, to the ground, or in any other manner inconsistent with Department of Environmental Protection regulations.
(15) 
Water Needs and Supply.
(a) 
Any application for special exception approval shall include an analysis of the quantity of raw water needs (groundwater or surface water) from either private or public sources. If the source is from a municipal system, the applicant shall submit documentation that the public authority will supply the water needed.
(b) 
A water system which does not provide an adequate supply of water for the proposed landfill, considering both quantity and quality, or does not provide for adequate groundwater recharge considering the water withdrawn by the proposed landfill, shall not be approved as a special exception.
(c) 
The applicant also shall submit a water feasibility study to enable the Zoning Hearing Board to evaluate the impact of the proposed landfill on the groundwater supply and on existing wells. The study shall be prepared, submitted, and evaluated in accordance with the terms of § 27-1604, Subsection 1H that address the commercial use of water.
(16) 
Any application for special exception approval shall provide an analysis of the physical conditions of the primary road system serving the proposed landfill. The analysis shall include information on the current traffic flows on this road system and projections of the amount and type of traffic generated by the proposed landfill. Improvements to the road or roads shall be provided by the applicant to assure safe turning movements to and from the site and safe through-movements on the existing roads.
(17) 
A perimeter landscaped buffer area not less than one-hundred-foot in width shall be located along all property lines. No structures, storage, parking, or any other related activity or operation shall be permitted within this landscaped area. Any fence or other non-vegetative screening erected on the site shall not be located within this landscaped area.
H. 
Quarrying (Mining).
(1) 
The minimum lot area for any quarry shall be five acres. The lot width, yard, and impervious surface requirements of § 27-503, Subsection 3, of this chapter shall be applicable to a quarry.
(2) 
All applicable rules and regulations promulgated by the Pennsylvania Department of Environmental Protection, 25 Pa. Code, Chapter 77, and 25 Pa. Code, Chapter 123, are incorporated herein by reference as though more fully set forth herein. Any violation of such regulations shall constitute a violation of this chapter.
(3) 
The applicant shall file with the Township duplicate sets of applications and supporting data submitted to the Department of Environmental Protection as part of any quarrying or mining application. A copy of each permit or violation issued to the applicant by the Department of Environmental Protection shall be filed with the Township within two weeks of receipt by the operator.
(4) 
Vegetative screening shall be provided along the perimeter of the property as required by § 27-1713. Such screening also shall be provided along any public road frontage.
(5) 
A substantial fence or earthen barrier measuring at least six feet in height must be placed around the area of actual quarrying to prevent unauthorized persons form entering the area.
(6) 
Any application for use as a quarry shall meet the requirements of § 27-1603, Subsection 1G(15), regarding water needs and supply.
(7) 
Any application for use as a quarry shall meet the requirements of § 27-1603, Subsection 1G(16), regarding traffic, road conditions, and road improvements.
(8) 
Quarrying shall be undertaken only with respect to minerals occurring naturally on the property. Spoil piles, slag, solid waste, or other materials shall not be brought to the property for the extraction of minerals.
(9) 
No quarry or other surface mining operation shall generate or emit air pollutants or noise in excess of standards established by the Commonwealth of Pennsylvania.
(10) 
All quarries, surface mines, or other areas where minerals are extracted by the surface mining method shall comply with the requirements of the Surface Mining Conservation and Reclamation Act, 52 P.S. § 1396.1 et seq., and its rules and regulations, and/or any other applicable state law, rules, and regulations, as presently existing or as may be hereafter enacted or promulgated, which rules and regulations are incorporated herein by reference. Any violation of such statute, rule, or regulation shall constitute a violation of this chapter.
(11) 
All quarries, surface mines, or other areas where minerals are extracted by the surface mining method, excluding extraction of minerals by a landowner for his own noncommercial purposes from land owned or leased by him, but including all other extractions, shall be licensed under the Surface Mining Conservation and Reclamation Act, 52 P.S. § 1396.1 et seq., and/or any other applicable state law.
(12) 
Gates shall be located at all entrances and shall be locked except during business hours.
(13) 
All explosives shall be stored in a permanent building properly located in accordance with state law, rules, and regulations.
(14) 
All blasting operations shall conform to the latest regulations of the Pennsylvania Department of Mines and Mineral Industries and also with all applicable federal laws, rules, and regulations. Blasting shall not be permitted between 5:00 p.m. and 7:00 a.m. the following day, nor at any time on Sundays or holidays.
(15) 
All proposed entrances and exits to the operation shall be designed and improved in a manner which does not allow mud or gravel to be deposited or accumulate on or along abutting public streets.
(16) 
Where the subject property is adjacent to a property containing a residence, no stockpiles, waste piles, or processing equipment shall be closer than 1,000 feet to the lot line of the residential use, and no part of the quarry pit, internal private access drive, truck parking area, scales, or operational equipment shall be closer than 500 feet to the lot line of the residential use.
(17) 
No part of a quarry pit, stockpiles, waste piles, processing equipment, scales, operational equipment, or truck parking area shall be closer than 100 feet to the right-of-way of a public street.
(18) 
Except where other setback requirements of this section are greater, no part of a quarry pit, stockpiles, waste piles, or processing equipment shall be closer than 200 feet to a lot line.
(19) 
Except where other setback requirements of this section are greater, no private access drive, truck parking area, scales, or operational equipment shall be closer than 100 feet to any lot line.
(20) 
The applicant shall provide quarry rehabilitation information and include a plan which demonstrates the following:
(a) 
Within two years after the termination of quarrying operations, the area of actual quarrying operations will be rehabilitated to a condition of reasonable physical attractiveness and, as practical, restored.
(b) 
The slope of earth material in any excavated pit shall not exceed the angle of slippage.
(c) 
When the filling of any portion of the pit is desirable and economically feasible, such fill material must be able to sustain a vegetative cover of grass, plants, and trees, and such must be provided.
(d) 
To prevent any silt, erosional debris, or other loose material from filling any existing drainage course or encroaching on existing public roads or private property, all surface drainage exiting or developing by or through the top soil shall be controlled by dikes, barriers, or drainage structures. All measures to control natural drainage or flood water must be approved by the Township Engineer.
(e) 
Within two years after termination of operations, all plant and equipment shall be removed. Foundations and piers from any structure may remain in the ground if substantially covered.
I. 
Wholesale Agricultural Produce Sales and Stockyards.
(1) 
The subject tract shall front on and gain access from a collector or arterial road as classified in the Honey Brook Joint Comprehensive Plan, or from a street in a proposed subdivision or land development plan which conforms to prevailing arterial or collector street design and improvement requirements.
(2) 
The use shall be of appropriate design so that vehicular and pedestrian traffic to and from the use will not create undue congestion or hazards within the general neighborhood.
(3) 
The owner and/or operator shall be responsible for removing any mud from public roads caused by vehicles traveling to and from the facility.
(4) 
The Zoning Hearing Board shall establish the permissible days and hours of operation.
(5) 
The application for a special exception shall be accompanied by a working plan for the clean-up and disposal of litter on the subject property.
(6) 
All outdoor loudspeaker systems shall be designed, arranged, and operated to prevent a nuisance on adjoining properties.
(7) 
No building or parking facility shall be located within 100 feet of the lot line of any adjacent residential property.
(8) 
Stockyards shall have a manure storage plan and nutrient management plan approved by the Chester County Conservation District.

§ 27-1604 Uses Permitted as Conditional Uses.

[Ord. 104-2003, 3/12/2003, § 1603; as readopted by Ord. 129-2007, 8/2/2007, § 1; by Ord. 140-2008, 12/10/2008, § 23; by Ord. 146-2009, 7/15/2009, § 7; by Ord. 148-2009, 12/12/2009, §§ 12, 13; by Ord. 151-2010, 7/14/2010, §§ 8, 9; by Ord. 167-2013, 10/9/2013, §§ 1, 2; by Ord. 169-2013, 12/11/2013, § 6; and by Ord. 172-2014, 5/14/2014, § 3]
1. 
The following standards shall be addressed by the applicant and applied by the Board of Supervisors in evaluating an application for conditional use, where such conditional use is authorized in one or more of the base zoning districts of this chapter.
A. 
All uses regulated by the terms of this section shall also be in compliance with any applicable standards in:
(1) 
Part 17, "General Regulations," of this chapter including, but not limited to, standards for lighting, landscaping, screening, internal circulation, and access and traffic control, storage, and noise control.
(2) 
Part 14, "Signs."
(3) 
Part 15, "Off-Street Parking and Loading."
B. 
Adult Oriented Business.
(1) 
Statement of Intent. The standards for adult-oriented businesses are intended to restrict such uses to nonresidential areas of the Township and otherwise regulate their operation, thereby to avoid the potentially deleterious and harmful impacts such uses may have on the health, safety, and general welfare of the community.
(2) 
No adult-oriented business shall be located in any zoning district except the I - Industrial District. In addition, no property containing an adult-oriented business shall have frontage on or direct access to Rt. 322.
(3) 
An adult oriented business shall not be permitted within 1,000 feet of any other adult oriented business.
(4) 
An adult oriented business shall not be permitted within 1,000 feet of any public or private school, day care facility, public park or recreation facility, commercial recreation or entertainment facility, library, museum, or church or similar religious use. No adult oriented business may be established within 500 feet of any land zoned A - Agricultural or any residentially-zoned land or residential property.
(5) 
No materials, merchandise, or film offered for sale, rent, lease, loan or for view within the premises shall be exhibited or displayed outside of a building or be visible from outside any building or structure.
(6) 
Any building or structure used and occupied as an adult oriented business shall have an opaque covering over all windows and doors where materials, merchandise, or film are exhibited or displayed.
(7) 
Sign messages shall be limited to verbal description of materials or services available on the premises. No sign shall be located on the premises which depicts a visual representation of the type of materials, merchandise, or film being offered therein. No adult-oriented business sign shall be located along the frontage of Route 322 or Route 10.
(8) 
All entrances to the premises shall be posted with notices that persons under the age of 18 years are not permitted to enter and warning all other persons that they may be offended by the materials, merchandise, or film exhibited or displayed therein.
(9) 
As a condition of approval, the Board may limit the hours of operation of an adult-oriented business as it deems appropriate.
(10) 
No more than one adult oriented business may be located within one building.
C. 
Airport/Heliport.
(1) 
All facilities shall be designed and operated in strict compliance with all applicable state and federal laws and regulations.
(2) 
The applicant, as part of an application for conditional use approval, shall furnish evidence that all requisite licenses have been obtained from the Pennsylvania Department of Transportation, Bureau of Aviation.
(3) 
No part of any runway or taxiway shall be within 300 feet of any line. Additionally, no pad for any heliport shall be within 150 feet of any lot line.
(4) 
The applicant shall provide a traffic impact study for the proposed use. The traffic impact study shall be prepared in accordance with the requirements of the Township Subdivision and Land Development Ordinance [Chapter 22].
D. 
Bus Station.
(1) 
The subject property shall be at least 300 feet from the property line of any parcel containing a school, day care facility, playground, or library.
(2) 
The applicant shall provide a traffic impact study for the proposed use. The traffic impact study shall be prepared in accordance with the requirements of the Township Subdivision and Land Development Ordinance [Chapter 22].
E. 
Camp Ground.
(1) 
The minimum required lot area for a camp ground shall be five acres and the minimum lot width at the street line shall be 250 feet.
(2) 
No structure or individual camping site shall be located closer than 60 feet from any lot line.
(3) 
Any application for conditional use approval shall be accompanied by a plot plan for the site, showing driveways and internal roads, proposed type and location of sewage facilities and water supply, building locations and functions, and any other information required by this chapter or any other applicable regulations.
(4) 
The Board of Supervisors may approve the proposed camp ground as a year-round facility, provided that no occupant other than a manager or related staff of the camp ground shall be permitted to remain in the camp ground for a period of time in excess of 90 days.
(5) 
The applicant shall submit proposed management procedures necessary to insure compliance with the above ninety-day time limitation.
F. 
Cemetery. The following regulations shall apply to any cemetery, whether a principal or accessory use, except as otherwise noted:
(1) 
The minimum net lot area shall be one acre, for a cemetery, when located on a separate parcel or lot. If located on the same lot as a church, the combined minimum net lot area shall be three acres.
(2) 
Any cemetery smaller than five acres, whether or not as a principal or accessory use of a parcel or lot, shall be permitted by-right in the A-Agricultural, RC-Resource Conservation, and FR-Farm Residential Districts. Any cemetery five acres in size or larger shall be required to seek approval as a conditional use.
(3) 
Any cemetery shall comply with the following standards:
(a) 
No burial ground or plot or any structure related to the cemetery operation shall be located within:
1) 
Ten feet of any property line or street line.
2) 
One hundred feet of any existing well.
3) 
Ten feet of the cartway of any private vehicular accessway within the tract or any parking area.
(b) 
In no case shall any structure, burial ground, or burial plot be located within the FH-Flood Hazard, the RCC-Riparian Corridor Conservation, or WHP-Wellhead Protection Area Zone one or two Overlay Districts.
(c) 
The maximum height of cemetery structures shall be:
1) 
For a grave stone, monument, or statue marking an individual burial sites: six feet.
2) 
For a mausoleum: 15 feet.
3) 
For any other structure: 35 feet.
(d) 
The placement of burial vaults within burial ground areas shall comply with the following standards:
1) 
Multiple burial vaults may be placed in a single plot (i.e., one above the other).
2) 
No vault shall be located less than three feet beneath the ground surface after development, except where completely enclosed within a mausoleum.
3) 
No vault shall be located where, at its greatest depth below the ground surface, it may intrude upon the seasonal high water table.
4) 
In order to provide for adequate percolation of groundwater, all burial vaults shall be placed such that minimum horizontal separation between vaults is no less than two feet. This provision shall not apply to burial vaults completely enclosed within a mausoleum.
(e) 
Natural buffer areas shall be retained to the greatest degree feasible to mitigate impacts to scenic landscape qualities and water recharge capacity. Use of plant material in lieu of fencing is encouraged to provide privacy, screening, and access control.
(4) 
Application Requirements. The following shall be provided by the applicant for review by the Township prior to receiving approval to operate a cemetery:
(a) 
The application for a cemetery, whether as a conditional use approval or a subdivision or land development, shall include the following:
1) 
For a conditional use, a plan shall accompany the application which identifies natural constraints, proposed capacity of burial plots, circulation of vehicles through the proposed cemetery, all proposed buildings, other improvements, and general landscaping or protection of existing vegetation. If the conditional use is approved, the applicant shall submit a plan sufficient to comply with the requirements of a minor land development plan in Chapter 22.
2) 
For a cemetery permitted by-right, a land development plan shall be submitted for review by the Township. Where the cemetery review is for expansion of an existing cemetery, the full land development plan may be waived by the Township provided that the applicant.
a) 
Provide a sketch plan for review by the Township Planning Commission.
b) 
Agrees to incorporate the sketch plan into the legal agreement specified in Subsection 1F(4)(c), below, as an exhibit for maintenance of the cemetery property.
3) 
A narrative of how the cemetery will be developed and maintained.
4) 
At the discretion of the Township Engineer, a traffic study subject to the requirements of Chapter 22 may be required for cemeteries considered significantly large enough to warrant such study.
(b) 
Prior to approval of a cemetery, either as a land development or a sketch plan where land development review has been waived, the applicant shall engage a qualified soil scientist to conduct soil testing of the proposed cemetery site along the perimeter and in areas proposed for burial plots to confirm the depth to the water table. Such testing shall be conducted in the presence of the Township Engineer. In addition, in conditions of drought, the soil scientist shall consider weather conditions in the assessment of the normal depth to the water table.
(c) 
The applicant shall provide sufficient hydrologic and other information to satisfy the Board that potential for groundwater contamination from development of burial grounds shall not be hazardous to any neighboring water supply wells. As a condition of approval, the Board may require the installation of monitoring well(s) where potential hazard to neighboring well(s) is suspected.
(d) 
The applicant shall provide a legal agreement, subject to the approval of the Board, based upon review by the Township Solicitor, which shall identify the owners or operators responsible for the long-term maintenance responsibilities and the financial means for such maintenance. This agreement shall comply with the provisions for ownership and maintenance of open space as provided in § 22-625. This legal agreement shall be incorporated on the subdivision or land development plan by reference and recorded with deed to the property.
G. 
Churches and Related Uses.
(1) 
In any zoning district in which a church is permitted, the minimum lot area shall be two acres and the minimum lot width shall be 200 feet.
(2) 
The maximum lot area for any church in the A - Agricultural District shall be four acres. All activities of the church shall be limited to the subject parcel.
(3) 
Side yard and rear yard setbacks of not less than 50 feet shall be provided on any church property.
(4) 
Off-street parking facilities shall be located not less than 25 feet from the street right-of-way line and from the side and rear property lines. The Board may require additional screening of any parking facility, if it is determined necessary.
(5) 
A maximum of 60% of the lot area may be covered by impervious surface.
(6) 
One church-related residence, as a use accessory to the church, may be located on the same parcel as the church.
(7) 
The applicant shall provide a traffic impact study for the proposed use. The traffic impact study shall be prepared in accordance with the requirements of the Township Subdivision and Land Development Ordinance [Chapter 22].
(8) 
Church-related educational or day care facilities:
(a) 
Where educational facilities and programs are offered below the college level, the applicant shall include a plan for outdoor recreation that is acceptable to the Board. Such plan shall include appropriate screening and buffering from adjacent residential properties.
(b) 
Student and child drop-off areas shall be designed to eliminate the need to cross traffic lanes within or adjacent to the site.
(c) 
The applicant shall provide a parking plan which demonstrates that the proposed parking facilities are sufficient for the intended use and in compliance with the terms of this chapter.
H. 
Commercial Use of Water Resources.
(1) 
A detailed water supply impact plan (hereinafter "plan") shall be submitted for review and approval by the Township. Such plan shall be prepared by an independent professional geologist or a professional engineer with a current certificate of occupation as issued by the Commonwealth of Pennsylvania, Department of State, Bureau of Professional and Occupational Affairs (hereinafter "qualified professional"). Such qualified professional shall be approved by the Township prior to commencement of the study described in Subsection 1H(2) below.
(2) 
Upon approval and execution of the plan, a water supply impact study (hereinafter "study") shall be prepared and submitted by a qualified professional. The study shall evaluate the affect of the proposed commercial use of water resources on the existing surface and subsurface water within one radial mile of the site property corners.
(3) 
Where determined necessary by the Township, any data suggesting that the proposed use will neither diminish the quantity or quality of water available to surrounding properties nor measurably reduce the flow of surface water in the Township shall be subject to independent review and confirmation (hereinafter "confirmation report") by a third-party qualified professional selection of the qualified professional shall be agreed to by the Township and applicant, and the cost of the confirmation report shall be divided equally between the Township and applicant.
(4) 
The proposed commercial use of water resources shall not be permitted if an interpretation of the data presented in the study or in the confirmation report reasonably predicts that the proposed use will unacceptably diminish the quantity or quality of water available to surrounding properties, or will measurably reduce the flow of surface waters in the Township.
I. 
Concentrated Animal Feeding Operation (CAFO).
(1) 
The applicant shall present to the Board of Supervisors (a) all applicable permits demonstrating that licensure has been obtained by the Pennsylvania Department of Environmental Protection and (b) all plans submitted as part of the DEP application including, but not limited to, a nutrient management plan, erosion/sedimentation control plan, NPDES stormwater permit, and an engineer's certification of the manure storage facilities.
(2) 
There shall be a distance not less than 500 feet between any lot line of a concentrated animal feeding operation and (a) any lot line of a public or private school, a church, or a camp ground; or (b) any residential use or FR, R, or MR zoning district boundary.
(3) 
Any property containing a concentrated animal feeding operation shall have frontage on a major collector or principal arterial road, as designated in the Honey Brook Joint Comprehensive Plan or a subsequent plan amendment or revised plan, and shall locate its principal point or points of vehicular access along such frontage. Trucks transporting animals to or from the property as part of a concentrated animal feeding operation shall not use a road of lesser functional classification to enter or leave the property without specific approval of the Board of Supervisors as part of its grant of any conditional use approval.
J. 
Continuing Care Development.
(1) 
A continuing care development shall be as defined by this chapter.
(2) 
In a continuing care development, a building or buildings may be erected, altered or used and a lot or premises may be used or occupied for any of the following individual or combination of uses:
(a) 
Independent Dwelling Units. Single family detached dwellings, single family semi-detached dwellings, two-family detached dwellings, and single family attached dwellings. Each Dwelling unit shall contain complete kitchen, toilet, and bathing facilities, and shall have at least one outside window.
(b) 
Independent Living Apartment Units. Multi-family dwellings in which each group of apartment units is associated with one or more common areas designated for the exclusive benefit of the group. Each apartment unit shall contain at least one outside window. Each apartment unit shall provide space and facilities for cooking and related kitchen activities, bathing, and toilet functions. Common areas may also be provided for recreation, relaxation, laundry services, bulk storage, and similar activities.
(c) 
Assisted Care Facilities. For the purposes of a continuing care development only, premises, or a portion thereof, in which food, shelter, and licensed personal assistance or supervision are provided for residents requiring supervision and assistance in such matters as dressing, bathing, diet or medication prescribed for self-administration but not requiring hospitalization or skilled nursing care. Facilities shall include a living/sleeping area and a private powder room, although a shared bath shall be permitted.
(d) 
Skilled Care or Nursing Care Facilities. For the purposes of a continuing care development only, premises or a portion thereof used to house and care for persons requiring continuous, assisted, or skilled nursing care.
(e) 
Accessory Uses. For the purposes of a continuing care development only, offices, activity areas, craft, woodworking and hobby shops, recreation facilities, pools, gift shops, adult day care, child day care, ancillary personal services facilities, dining facilities, ancillary health care facilities, maintenance facilities, bank, library, central kitchen and dining room, snack bar, village store, pharmacy, chapel and similar uses incidental to the main or principal uses. The total square footage of all accessory uses within the continuing care retirement community shall not exceed 20% of the square footage of all buildings within the continuing care retirement community. This percentage shall not be exceeded in any one phase of the development. No individual retail accessory use may exceed 2,000 square feet in size.
(f) 
Prohibited Uses. No building shall be erected, altered or used and no premises shall be used for any activity which is continuously noxious, injurious or offensive by reason of dust, smoke, odor, fumes, noise, vibration, gas, illumination or similar substances or conditions.
(3) 
Minimum Tract Area. A continuing care development shall require a total minimum tract area of 10 acres, excluding any portions thereof lying within an existing public street right-of-way.
(4) 
The residents must be at least 55 years of age, except that spouses of residents may be less than 55 years old, and except that residents of younger age may be permitted if they need such care because of physical disabilities.
(5) 
The continuing care development shall be developed in accordance with the following standards:
(a) 
Central Water and Sewer.
1) 
A continuing care development shall be serviced by public water where the tract is within a designated water franchise area and such service is available. Where this condition does not exist, a community water system that is in compliance with all applicable regulations may be utilized.
2) 
A continuing care development shall be served by public sewer service where the tract lies within a designated service area of the Northwestern Chester County Municipal Authority and is consistent with the Township Act 537 Plan. Where these conditions do not exist, the tract may be served by an appropriately designed, permitted and maintained on-site community sewer system.
(b) 
Density. The maximum density of development shall not exceed the maximum density of development permitted in the base zoning district without the use of transferable development rights. Maximum density may be increased to the maximum allowable with the use of transferable development rights in accordance with the terms of the base zoning district and Part 7 of this chapter. Equivalent density shall be calculated as follows:
1) 
Each independent living unit/cottage: one dwelling unit.
2) 
Assisted care facility: Each bed = dwelling unit.
3) 
Skilled care facility: Each bed = dwelling unit.
(c) 
Maximum Impervious Coverage. 45% of the net area of the tract.
(d) 
Maximum Building Height. The maximum height of all buildings shall be as provided under the terms of the base zoning district.
(e) 
Building Length. The maximum horizontal length of a building shall be 160 feet. At its discretion, the Board may authorize an increase in length to 200 feet where the design includes architecturally attractive offsets.
(f) 
Setbacks. The following minimum setbacks shall be observed:
1) 
Independent living apartment buildings, skilled care facilities, assisted care facilities, and accessory uses 50 feet from any perimeter property line of the continuing care development.
2) 
Independent living cottage and accessory uses 40 feet from any perimeter property line of the continuing care development.
3) 
Fifty feet from any perimeter public street right-of-way.
4) 
Where the tract abuts an agricultural use or an agriculturally-zoned property, the minimum setbacks in Subsection J(5)(f)1) and 2), above, shall be increased to 100 feet.
(g) 
Building Separation. The minimum yard and setback dimensions for dwelling units in the base zoning district shall be applicable to a continuing care development.
(h) 
Common Areas and Facilities. Where facilities serving the entire development such as parking lots, pedestrian way, driveways, alleys, lighting facilities, drainage facilities, landscape planting areas, buffer open spaces, and recreation areas are provided in common areas, provisions for their perpetual ownership, maintenance and care shall be established by and be the complete responsibility of the property owner.
(i) 
Open Space. An area of not less than 30% of the gross area of the gross tract area shall be retained as protected open space. Uses, dimensions, and environmental characteristics of the protected open space shall be in accordance with the terms of § 27-1112 of this chapter.
(j) 
Recreation Spaces. One or more recreation spaces (each with a minimum area of 1,200 square feet) shall be provided, whose total area equals at least 100 square feet per unit. All recreation spaces shall be located in areas suitable for the type of outdoor active or passive recreation being proposed. All recreation spaces shall be at least 20 feet from any building. The types of recreation areas shall relate to the expected ages of the residents.
(k) 
Access to Structures.
1) 
Every building erected shall be on a lot adjacent to a public street or have access to an approved internal driveway network.
2) 
All structures shall be located so as to provide safe and convenient access for servicing fire protection and off-street parking.
3) 
Sidewalks shall be provided, in locations as deemed appropriate by the Board, to assure adequate pedestrian access to buildings, parking areas, accessory uses and community services and facilities, and recreation and open space areas. Sidewalk construction shall conform to the standards in § 22-618 of the Township Subdivision and Land Development Ordinance [Chapter 22].
4) 
Wheel chair access shall be provided to all dwellings and all accessory uses.
(l) 
Access Drives. The following minimum cartway widths shall be provided for any access drive within a continuing care retirement community:
Function
Min. Cartway Width
(ft.)
One-way Traffic, no parking
9
Two-way Traffic, no parking
18
One-way Traffic, parallel parking on one side
18
Two-way Traffic, parallel parking on one side
27
One-way Traffic, parallel parking on two sides
34
(m) 
Minimum Parking Standards. The following minimum parking standards shall apply to the development of a continuing care retirement community.
1) 
Independent Dwelling Units. One and one-half spaces for each independent dwelling to be used primarily by the residents of such units, plus one space for every five independent dwelling units to be used primarily by visitors to such units. For the purposes of calculating parking requirements for single-family units, a garage shall not be considered a parking space.
2) 
Apartment Housing Units. One and one-half spaces for each dwelling unit in apartment housing to be used primarily by the residents of such units and their visitors.
3) 
Assisted Care and Skilled Care Facilities and Personal Care Facilities. One space for every four beds in skilled care and personal care facilities.
4) 
Staff Parking. One space for each staff doctor.
5) 
Employee Parking. One space for each employee working on the largest shift.
(n) 
Services/Facilities. The services and/or facilities within the development shall be for the use of the residents, service clients or invited guests of the community.
K. 
Electric Substation, Public Utility Building or Structure.
(1) 
Where an applicant secures an exemption from zoning requirements through petition to the Pennsylvania Public Utility Commission in accordance with the terms of § 619 of the MPC, 53 P.S. § 10619, conditional use approval as otherwise required by this chapter shall not be required. In such case, however, the other standards of this section, as applicable, shall be complied with.
(2) 
The minimum lot area and lot width requirements of the base zoning district shall not be applicable.
(3) 
Any principal building or structure shall be located no closer than 100 feet from any lot line.
(4) 
The maximum impervious surface and maximum height limits of the base zoning district shall be applicable.
(5) 
The Board shall give particular attention to measures proposed by the applicant to protect neighboring properties from excessive noise, light, or other visual intrusion, and may impose specific conditions to ameliorate such potential impacts.
L. 
Golf Course.
(1) 
The minimum lot area for a golf course shall be as follows:
(a) 
Regulation 18 hole: 130 acres.
(b) 
Executive 18 hole: 90 acres.
(c) 
Nine hole: 50 acres.
(d) 
Par three, 18 hole: 45 acres.
(e) 
Par three, nine hole: 25 acres.
(2) 
No principal building shall be located within 100 feet of any lot line. No permanent structure containing rest room facilities shall be located within 30 feet of any lot line.
(3) 
As a condition of approval, the Board may specify hours of operation and may require protective mesh fencing when necessary to provide protection to abutting properties and roads.
(4) 
The applicant shall provide a traffic impact study for the proposed use. The traffic impact study shall be prepared in accordance with the requirements of the Township Subdivision and Land Development Ordinance [Chapter 22].
(5) 
Water Needs and Supply.
(a) 
Any application for conditional use approval shall include an analysis of the quantity of raw water needs (groundwater or surface water) from either private or public sources. If the source is from a municipal system, the applicant shall submit documentation that the public authority will supply the water needed.
(b) 
A water system which does not provide an adequate supply of water for the proposed golf course, considering both quantity and quality, shall not be approved as a conditional use.
(c) 
The applicant also shall submit a water feasibility study to enable the Board to evaluate the impact of the proposed golf course on the groundwater supply and on existing wells. The study shall be prepared, submitted, and evaluated in accordance with the terms of § 27-1604, Subsection 1H, that address the commercial use of water.
(6) 
The application for conditional use approval shall include a description of the intended means of sewage treatment and disposal. The proposed system shall be consistent with the preferred treatment and disposal methods stipulated in the Township Act 537 Sewage Facilities Plan, and shall comply with all applicable requirements of the Township Subdivision and Land Development Ordinance [Chapter 22], the Northwestern Chester County Municipal Authority, the Chester County Health Department, and the Pennsylvania Department of Environmental Protection.
M. 
Kennels, Boarding Kennels, and Animal Shelters.
(1) 
Purpose. The intent of these regulations is to provide for the operation of kennels in compliance with state laws (including the Municipalities Planning Code and Dog Law) that are compatible with the enjoyable use of properties by adjoining and neighboring residents and property owners.
(2) 
Applicability. Kennels, boarding kennels, and animal shelters must meet the following minimum conditions:
(a) 
A kennel shall be deemed a principal use of a property. Where such use is located on a property containing a residential or agricultural use, it shall be considered a second principal use. A boarding kennel may be considered an accessory use where co-located within an animal hospital or veterinary office/clinic. An animal shelter may be considered as either a principal or accessory use, subject to the approval of the Board of Supervisors.
(b) 
Only one kennel, boarding kennel, or animal shelter shall be permitted on any eligible property.
(c) 
A kennel, boarding kennel, or animal shelter does not require the deed restricting of a parcel of land; however, any further subdivision of the parcel shall be permitted only as long as the use continues to meet all criteria outlined in this chapter or any subsequent amendment to this chapter.
(3) 
Application and Site Plan Required. The applicant shall set forth in his application that he will comply with all rules and regulations of all government authorities having jurisdiction over the applicant's kennel, boarding kennel, or animal shelter.
(a) 
The applicant shall provide all information necessary to demonstrate compliance with the requirements contained in this chapter.
(b) 
Site Plan. A full site plan shall be required and shall accompany the application for any kennel, boarding kennel, or animal shelter, showing the location of all buildings intended for primary enclosures, locations for disposal of waste, outdoor exercise areas, employee and customer parking, supply deliveries, fencing, buffering, and ingress and egress locations.
(4) 
Permits Required. A use and occupancy permit is required prior to beginning operation of a kennel, boarding kennel, or animal shelter. Such permit shall be authorized after compliance with the standards of this section has been verified.
(5) 
Use and Design Standards. The following standards shall apply to the operation of a kennel, boarding kennel or animal shelter:
(a) 
Minimum Lot Area. The minimum net lot area shall be 10 acres for each kennel, boarding kennel, or animal shelter. Where the kennel, boarding kennel, or animal shelter is an additional principal use on an agricultural property, the minimum net lot area shall be 20 acres. In the C-Commercial District, the minimum net lot area shall be five acres for each kennel, boarding kennel, or animal shelter, or for any veterinary office/clinic that also offers a boarding service with outdoor kennels or runs.
(b) 
Minimum Setbacks. All buildings, exercise areas, outdoor runs, structures and other appurtenances in which animals are housed or allowed to move about shall be located at least 300 feet from all lot lines or street right-of-way lines. Where the kennel is provided as part of a veterinary office, veterinary clinic, or animal shelter, the building housing the kennel shall have a setback of at least 150 feet from all lot lines or street right-of-way lines, unless the property on which such building is proposed or located is at least 10 acres in size, in which case such setbacks shall be 300 feet. Accessory buildings and structures not housing animals shall comply with the required standards in the applicable zoning district.
(c) 
All kennels, boarding kennels, or animal shelters shall comply with all applicable state statutes and regulations relative to kennels and the boarding of dogs, cats and other pets and sale and/or the breeding of dogs.
(d) 
No dog shows or competitions shall be permitted.
N. 
Mobile Home Parks.
(1) 
Maximum density: four mobile homes per acre of net tract area.
(2) 
Minimum lot area: 6,000 square feet per mobile home.
(3) 
Minimum lot width: 50 feet.
(4) 
Minimum individual and aggregate side five feet individual, yards: 30 feet aggregate.
(5) 
Minimum distance between any two mobile homes: 30 feet.
(6) 
Minimum setback of any structure from any external tract boundary: 50 feet.
(7) 
Minimum setback from any public or private street right-of-way:
(a) 
Mobile home: 25 feet.
(b) 
Mobile home park service building: 50 feet.
In addition, no mobile home shall be located in such a way as to obstruct any required clear sight triangle or walkway in a mobile home park.
(8) 
Maximum impervious surface: 40% of the net tract area.
(9) 
Requirements for common open space areas:
(a) 
Minimum amount of common open space: 30% of the gross tract area of the mobile home park, in addition to those areas designated to meet buffering requirements.
(b) 
Standards for location, design, and function: Common open space areas shall be designed to:
1) 
Protect sensitive natural features on the site.
2) 
Be substantially free of structures, except those designed for recreational purposes.
3) 
Provide appropriate active recreation facilities and opportunities for residents of the mobile home park, as approved by the Board of Supervisors. Such recreation areas and facilities shall:
a) 
Be consistent with the requirements in § 27-1112, Subsection 5, of this chapter.
b) 
Comprise an area not less than 25% of the total common open space area provided within the mobile home park, unless the Board specifically approves a lesser amount of land in response to the applicant's alternative plan for the common open space. In evaluating any proposed reduction in the 25% minimum area requirement, the Board shall weigh the degree to which it meets the active recreation needs of the proposed mobile home park's intended residents and its consistency with the Township Comprehensive Plan.
4) 
Be easily accessible to all lots within the mobile home park by means of sidewalk, path, trail, and/or bikeway, without the need for pedestrians to walk in the street cartway or cross private property to reach the recreation areas or facilities.
(10) 
No accessory structure on a mobile home lot shall exceed 80 square feet of building coverage, and no such structure, deck, or patio shall be located within five feet of any side or rear property line or in any portion of the front yard.
(11) 
Screening and Buffering. Any mobile home park tract that contains road frontage on any existing road in the Township shall provide shall provide visual screening and buffering measures along such frontage in accordance with the terms of § 27-1713 of this chapter existing road in the Township shall provide shall provide visual screening and buffering measures along such frontage in accordance with the terms of § 27-1713 of this chapter.
(12) 
Compliance with Other Township Regulations.
(a) 
Mobile home parks shall be designed in accordance with the requirements of the Honey Brook Township Subdivision and Land Development Ordinance, as amended [Chapter 22, Part 7].
(b) 
The maintenance and operation of mobile home parks are subject to Ord. 78-1998, 4/8/1998 [Chapter 14, Part 1].
O. 
Planned Village Commercial Center.
(1) 
Minimum net tract area: 24,000 square feet.
(2) 
Minimum net tract area per individual use: 8,000 square feet.
(3) 
Minimum tract width at the street line: 125 feet.
(4) 
Standards for front yards:
(a) 
Minimum front yard depth shall be 15 feet.
(b) 
There shall be a frontage landscaped area provided at the street right-of-way line, extending a minimum of eight feet into the front yard and extending the entire length of the tract frontage. The landscaped area shall comply with the applicable standards in §§ 27-1713 and 27-1714 of this chapter. No improvements other than access drives shall be permitted within the frontage landscaped area. Landscaping materials shall be selected and designed so as not to obstruct vision along the street, and shall be resistant to road salt and pollution associated with vehicular traffic.
(5) 
Minimum side and rear yards:
(a) 
Where the tract abuts a nonresidential zoning district and/or nonresidential use: 15 feet.
(b) 
Where the tract abuts an agricultural or residential zoning district or a property used for agricultural or residential purposes: 50 feet, or the minimum side yard needed to achieve a separation of 65 feet between principal buildings on the adjacent lots, whichever dimension is greater.
(6) 
Minimum setback of parking areas from any side or rear property line: eight feet.
(7) 
Maximum impervious surface:
(a) 
Without the use of transferable development rights: 60% of the lot area.
(b) 
With the use of transferable development rights: 80% of the lot area.
(8) 
Maximum building height:
(a) 
Without the use of transferable development rights: 35 feet.
(b) 
With the use of transferable development rights: 45 feet.
(9) 
There shall be a landscaped perimeter buffer along all side and rear property lines that abut an agricultural or residential zoning district or a residential use. The buffer area shall comply with the applicable terms of §§ 27-1713 and 27-1714 of this chapter.
(10) 
Except as otherwise required by PennDOT or approved by the Board, the tract shall be served by a single, shared point of access. Access shall take the form of an internal road or driveway that directs traffic to a single entrance point with divided lanes.
(11) 
The tract proposed for development shall be in one ownership, or shall be the subject of an application filed jointly by the owners of the entire tract, and shall be under unified control. If ownership of the tract is held by more than one person or entity, the application shall identify and be filed on behalf of all the said owners. Approval of the conditional use application shall be contingent upon agreement by the applicant or applicants that the tract shall be developed under single direction in accordance with the terms of Board approval.
(12) 
The language, terms, and conditions of any proposed covenant or restriction shall be subject to review and recommendation by the Township Solicitor.
P. 
Public and Private Schools.
(1) 
All off-street parking facilities shall be set back not less than 25 feet and screened from adjoining lot lines.
(2) 
All principal structures shall be set back at least 100 feet from any lot used for agricultural or residential purposes.
(3) 
Outdoor recreation areas shall be provided for all educational facilities below the college level at a rate of 100 square feet per individual enrolled. Off-street parking areas shall not be utilized as recreation areas, and recreation areas shall not be located within the front yard and must be setback at least 25 feet from all other lot lines. Except where separated by a minimum of 300 feet, outdoor recreation areas shall be screened from adjoining agriculturally-zoned or residentially-zoned properties and properties in agricultural or residential use by means of fences, plantings, or decorative enclosures sufficient to screen activities from adjacent lots. Fencing shall be provided at all locations where public safety is at issue. Any vegetative materials located within the recreation area shall be non-harmful (i.e., not thorny, poisonous, allergenic, etc.).
(4) 
For any school with an enrollment of 50 or more students, the applicant shall provide a traffic impact study for the proposed use. The traffic impact study shall be prepared in accordance with the requirements stated in the Township Subdivision and Land Development Ordinance [Chapter 22].
(5) 
Enrollment, for the purposes of this section, shall be defined as the largest number of students on the site at any one time during a seven day time period.
Q. 
Retail Uses Requiring Conditional Use Approval.
[Amended by Ord. 181-2016, 4/13/2016]
(1) 
The applicant shall provide a traffic impact study for the proposed use. The traffic impact study shall be prepared in accordance with the requirements of the Township Subdivision and Land Development Ordinance [Chapter 22].
(2) 
The minimum landscaped area shall be no less than 30% of the gross tract area.
(3) 
The application shall be accompanied by a working plan for the clean-up and disposal of litter.
(4) 
No building shall be placed closer than 30 feet to any lot line. Where the property abuts an agriculturally-zoned or residentially-zoned property or an agricultural or residential use, the minimum setback shall be 100 feet.
(5) 
Curbs and sidewalks shall be provided along all public rights-of-way. Sidewalks abutting a public right-of-way shall coordinate with an internal pedestrian circulation system which allows for safe and convenient movement of pedestrians.
(6) 
Maximum impervious surface:
(a) 
Without the use of transferable development rights: 50% of the lot area.
(b) 
With the use of transferable development rights: 70% of the lot area, in which case the minimum landscaped area may be reduced to not less than 20% of the lot area.
(7) 
Maximum building height:
(a) 
Without the use of transferable development rights: 35 feet.
(b) 
With the use of transferable development rights: 45 feet.
R. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection 1R, Retail uses requiring conditional use approval, was repealed 4/13/2016 by Ord. 181-2016. For current provisions, see Subsection 1Q.
S. 
Subdivision for more than three single-family detached dwelling lots not using the conservation design option.
(1) 
Any application for conditional use approval for single-family dwelling units, as authorized in the A, FR, or R District shall be evaluated and decided upon by the Board of Supervisors in relation to the requirements of this section and the standards and procedures set forth in § 27-1910.
(2) 
Prior to submitting a formal application for conditional use approval, the applicant shall submit a generalized site plan to the Township Planning Commission and shall meet with the Planning Commission to discuss the proposed plan's relationship to the Township's community development objectives and to matters of recreation, open space, resource conservation, traffic and access management, agricultural preservation, and/or visual quality and rural character. In its subsequent recommendation to the Board of Supervisors concerning the formal application for conditional use approval, the Planning Commission will note any issues raised during its review of the generalized site plan and the degree to which the formal application has addressed and resolved those issues.
(3) 
In reviewing any application for conditional use approval for single-family dwellings, the Board shall examine and weigh the degree to which it complies with the specific purposes, area and bulk regulations, and site design and development standards of the base zoning district in which it is permitted as a conditional use.
(4) 
The Board also shall review any such application in relation to the following factors:
(a) 
Protection of existing site resources and features. The applicant shall submit for the Board's review a site inventory of existing features as prescribed in § 22-502, Subsection 1D(1), of the Township Subdivision and Land Development Ordinance [Chapter 22]. Based on this inventory, the applicant must demonstrate, to the Board's satisfaction, how the proposed design and development of the site using conventional lot layout and not employing the conservation design option, will protect, to the maximum extent practical, the identified site resources.
(b) 
Compatibility with adjacent agricultural lands. The applicant shall demonstrate how the proposed site design will produce a residential development that minimizes potential incompatibilities with existing agricultural lands and uses in the vicinity of the subject tract. The site plan will be evaluated in terms of how well the siting of new dwelling units protects existing farmland and prime agricultural soils on adjacent tracts from the impacts of development. Proposed dwellings shall be located on the least productive farmland wherever practical.
(c) 
Retention of visual quality and rural character. The Board shall review the site plan in terms of how the proposed retention of existing vegetation and the installation of new landscaping materials will protect traditional views of and across the proposed tract. As a condition of approval, the Board may require deeper front or side yard setback dimensions, the installation of vegetation or other screening material, or other measures to protect the visual quality of existing road frontages that it deems essential to the Township's rural character.
(d) 
Ability to utilize the conservation design option. The applicant shall document site characteristics that make the use of the conservation design option infeasible or inappropriate in terms of the objectives to be achieved by that option.
T. 
Treatment Center.
(1) 
A minimum lot area of 10 acres shall be provided.
(2) 
Principal buildings shall be set back a minimum of 250 feet from the lot line of any existing residential use.
(3) 
The applicant shall provide a written description of all types of residents the use is intended to serve over the life of the use and occupancy permit. Any future additions or modifications to this list shall require approval by the Board of Supervisors as a conditional use.
(4) 
The applicant shall demonstrate, to the satisfaction of the Board, that the use will provide adequate supervision and security measures to protect public safety.
(5) 
The Board may place conditions on the use as necessary to protect public safety, including conditions on the types of residents and security measures.
(6) 
The use shall provide temporary treatment which shall not routinely exceed 12 months and shall not be a long-term residential use.