[Ord. 2005-9, 12/29/2005, § 1601]
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. 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.
[Ord. 2005-9, 12/29/2005, § 1602; as amended by
Ord. 2007-3, 3/29/2007, § 3; by Ord. 2007-4, 4/30/2007, §§ 1,
2, and 3; and by Ord. 2009-18, 7/13/2009, § 5]
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 including, as applicable,
minimum lot or tract sizes; minimum side, front, and rear building
setback distances or yards; maximum heights of buildings or structures;
and maximum impervious surface area on a lot or tract:
A.
All uses regulated by the terms of this section shall also be in
compliance with any other applicable standards of this chapter including,
but not limited to, those in the following Parts:
B.
Accessory Structures. Accessory structures shall comply with the
minimum yard, setback, and height requirements for principal structures
in the base zoning district in which they are located, except as otherwise
specified below:
(2)
No accessory structure shall be located within a minimum required
front yard area or closer to the front lot line than any portion of
the principal structure.
(3)
Structures accessory to a residential use shall be subject to
the following restrictions for side or rear yard setbacks:
[Amended by Ord. No. 2020-01, 7/14/2020]
(a)
Property size less than one acre: 10 feet minimum.
(b)
Property size one acre: 10 feet minimum.
(c)
Property size one acre to five acres: 10 feet minimum plus one
foot increase for every foot increase in height over 15 feet.
(d)
Property size five acres or greater: 10 feet minimum plus one
foot increase for every foot increase in height over 15 feet.
(4)
Structures accessory to agriculture.
(a)
Detached structures accessory to agriculture including, but
not limited to, barns, silos, and garages, shall be exempt from the
building coverage limits of this section, but shall not exceed the
maximum building coverage limit established for the zoning district
in which the structure is located.
(b)
Agricultural accessory structures shall comply with the minimum
side and rear yard setback requirements for principal structures in
the zoning district in which they are located.
(c)
A barn and/or silo may exceed the otherwise applicable maximum
height limit, provided that for every foot of height in excess of
the applicable height limit, the required setback of such structure
from a side or rear property line shall be increased by one foot.
In no case shall such structure exceed a height of 90 feet.
(5)
A tennis court shall be permitted in a rear and/or side yard,
but shall not be closer to a side or rear property line than 10 feet.
Tennis court fences shall be permitted, but shall not be closer to
a side or rear property line than 10 feet.
C.
Accessory Uses. No nonresidential accessory use shall be permitted
in any residential zoning district except where specifically permitted
by this chapter. Nothing in this section shall be construed to limit
other uses not specifically mentioned, so long as such uses are clearly
accessory to the permitted principal use of the property and do not
create a threat to the public health, safety, and/or welfare.
(1)
Farm-Related Business.
(a)
Intent. This section establishes standards for farm-related
business uses, where such uses are permitted by this chapter. In providing
opportunities for such uses, it is the Township's intent that:
(b)
General Standards.
1)
A farm-related business may only be conducted on a property
on which the principal use is agriculture, as that term is defined
by this chapter, and that has a minimum gross area of 10 acres. The
business shall be incidental and secondary to the principal agricultural
use of the property.
2)
A permit to operate a farm-related business shall be obtained
from the Township prior to commencing operation. The party applying
for the permit to allow a farm-related business must be the owner
of the farm property, whether or not the owner operates the farm or
will operate the farm-related business.
3)
The party proposing to conduct the farm-related business shall
be the owner of the property and/or the operator of the farm on the
property, and either he/she or a member of his/her immediate family
must reside on the property on which the business is to be located.
For purposes of this section, "immediate family member" shall be defined
as parent, grandparent, child, grandchild, great grandchild, aunt,
uncle, niece, or nephew.
4)
More than one farm-related business may be permitted on an eligible
property, providing compliance is achieved with all applicable standards
of this section.
5)
The right to conduct a farm-related business will cease if the
principal use of the property changes from agricultural to a more
intensive non-agricultural use that converts some or all of the property,
whether on a temporary or permanent basis, from open to developed
land.
6)
No building used for a farm-related business shall be constructed
or used on lands restricted by an agricultural easement, except those
uses which also are considered farm enterprises under statutory authority
for establishing said easement.
(c)
Permitted Uses. Uses permitted as a farm-related business shall
include the following:
1)
Blacksmith, farrier, harness making, tinsmithing, and tool sharpening
shop.
2)
Candle maker, baker.
3)
Processing of locally-produced agricultural products.
4)
Preparation of food or food products to be sold and served off-site.
5)
Veterinary office, where the practice focuses on farm animals.
6)
Manufacturing, assembly, warehousing, repair, and/or servicing
of household articles, including such items as: chairs, tables, clocks,
cabinets, and similar items involving carpentry, decorative iron work,
pottery; and other articles of a similar nature for use in the home.
7)
Repair and service of farm equipment, appliances, and small
engines, provided that such activities shall not involve parts stripping
for resale from derelict vehicles or any similar practices characteristic
of a salvage yard or junkyard.
8)
Greenhouse.
9)
Taxi, limousine, and hauling service provided all vehicles are
housed inside a building used for the farm-related business.
10)
Plumbing shop, upholstery shop, shoe repair, printing
shop, tailoring/sewing/dressmaking/quilting; etc., shop.
11)
Homebuilding and remodeling business.
12)
Bed and breakfast establishment.
(d)
Scale and Intensity of Use.
1)
The maximum scale and intensity of use permitted for a farm-related
business shall be determined as follows:
|
Property Size
(gross acres)
|
Maximum Building Coverage
|
Maximum # of Employees
(nonfamily members)
|
Maximum Land Area Devoted to Use
|
|---|---|---|---|
|
10 to 15
|
2,000 square feet
|
2
|
0.5 acres
|
|
> 15 to 20
|
3,000 square feet
|
3
|
0.75 acres
|
|
> 20
|
4,000 square feet
|
4
|
1.0 acres
|
2)
The property owner is permitted additional building coverage,
not to exceed 1,000 square feet, for fully enclosed storage of materials
used in the farm-related business.
3)
Occupations requiring more building coverage and/or land area
than that permitted in clause (e)(1), below, shall locate within commercial
or industrial districts as provided for in this chapter.
(e)
Design Standards.
1)
A farm-related business must be conducted within a completely
enclosed accessory building, and may also utilize a separate building
for the storage of materials. The building(s) may be an existing accessory
building(s) or a newly constructed, conforming accessory building(s).
If a new building is constructed for the farm-related business, it
shall be not be located closer than 85 feet to a front property line
nor closer than 50 feet to a side or rear property line or right-of-way.
Each building shall be designed to be consistent with traditional
farmsteads and shall afford minimal external evidence of the nature
of the business.
2)
Materials, products, supplies, or vehicles comprising any part
of the farm-related business shall be contained, stored, and/or parked
within an enclosed building, unless outdoor storage is permitted as
a conditional use by the Board of Supervisors. In no case shall outdoor
storage be permitted in the front yard of the building containing
the farm-related business, nor shall materials be stacked to a height
greater than six feet.
3)
All off-street parking and loading spaces shall comply with the applicable standards in Part 19 of this chapter. Parking lots shall be provided only at the side or to the rear of a farm-related business structure.
4)
One nonilluminated sign, not exceeding six square feet in area,
shall be permitted for a farm-related business. Such sign shall be
located no closer than 10 feet to any lot line and shall not interfere
with any necessary sight distance.
5)
A farm-related business may be conducted only between the hours
of 7:00 a.m. and 8:00 p.m., except that there shall be no restriction
on the hours of operation for a bed-and-breakfast establishment.
6)
When a farm-related business is proposed to involve retail sales,
the sales and display area shall not exceed 15% of the first floor
area of the structure devoted to the business.
7)
The applicant shall provide documentation of the necessary approval
for the proposed means of sewage treatment and disposal.
8)
Any trash dumpster or similar solid waste facility shall be
located only to the side or rear of the building in which the farm-related
business is operated, and shall be completely enclosed within a masonry
wall or other fencing equipped with a self-latching door or gate.
(2)
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
a gross lot area of 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.
(3)
Keeping of Small Domestic Animals. The raising or keeping of
small animals on lots of less than 10 acres shall be permitted provided
the following standards are met:
(a)
Small animals refers to those normally kept in a hutch or animal
house including, but not limited to, rabbits, chickens, ducks, and
turkeys.
(b)
Any lot on which the raising or keeping of small animals is
to be practiced shall have a minimum gross and net lot area of one
acre.
(c)
The total number of small animals shall not exceed one per each
1/5 acre of lot area.
(d)
Fencing or an enclosed animal house structure shall be installed.
An animal house structure shall comply with the setback requirements
for accessory structures in the applicable base zoning district.
(e)
Household pets which generally are kept within a dwelling unit
including, but not limited to, dogs, cats, hamsters, and birds, shall
not exceed 10 such animals on the property. In addition, no lot shall
contain: (i) more than six cats; (ii) more than four dogs, except
that puppies from a litter born on the property shall not be included
in this limit until four months following birth. The keeping of such
household pets shall not be subject to the terms of clauses (a) through
(d), above.
(f)
Where dogs are being: (i) bred and raised commercially for resale,
and/or (ii) commercially boarded for another owner, such operation
shall be considered a kennel, as defined and regulated by this chapter.
(g)
The terms of this section are intended to be separate and distinct
from those of Subsection 1C regarding small-scale keeping of livestock.
(h)
On properties of 10 acres or greater, the regulations in clauses
(a) through (e), above, shall not apply and the keeping of such animals
shall be subject to applicable regulations for agricultural use.
(4)
No-Impact Home Occupation. No-impact home occupations shall
meet all of the following requirements:
(a)
The business activity shall be compatible with the residential
use of the property and surrounding residential uses.
(b)
No exterior evidence of the activity, including signs, lighting,
or the display, inventorying, or stockpiling of goods, shall be visible.
(c)
No retail sales, exclusive of telephone and/or internet solicitation,
may be conducted.
(d)
Only residents of the dwelling may be engaged or employed in
the activity.
(e)
The activity may be conducted only within the dwelling unit
and may not occupy more than 25% of the habitable floor area.
(f)
The activity shall not require the delivery of materials and
goods by trucks larger than standard panel trucks equipped with no
more than one rear axle.
(g)
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.
(h)
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.
(i)
There shall be no customer or client traffic, whether vehicular
or pedestrian, and no pickup, delivery, or removal functions to or
from the premises, in excess of those normally associated with residential
use.
(j)
There shall be no more than one home occupation per dwelling
unit.
(k)
Prior to initiating the operation of a home occupation, the
resident practitioner shall be required to obtain a permit from the
Township and pay a fee in an amount as established by resolution of
the Board of Supervisors. The Township may, as it deems necessary,
conduct an inspection of the premises as part of the review of the
permit application. Such permit must be renewed every two years for
continued operation of the home occupation, but no additional fee
or inspection shall be required.
(5)
Small-Scale Keeping of Livestock. A nonagricultural use involving
the small-scale keeping of large domesticated animals, including horses,
cows, llamas, goats, pigs, or sheep for private noncommercial and/or
recreational use shall be practiced in the R-1, R-1A, R-2, R-3, and
I-2 Districts only in accordance with the terms of this section.
(a)
Maximum Gross Lot Area. Small-scale keeping of livestock may
be practiced in accordance with the terms of this section on lots
with a gross area of 10 acres or less. On properties of more than
10 acres, the keeping of such animals shall be regulated as an agricultural
use under the terms of this chapter.
(b)
For nonagricultural use involving the keeping of only one horse,
the minimum gross lot area shall be two acres. For the keeping of
two to four horses, the minimum lot requirements of clause (c), below,
shall apply.
(c)
A minimum gross lot area of three acres shall be required for
the keeping of one large domesticated animal other than a horse. A
minimum gross lot area of four acres shall be required for keeping
two large domesticated animals. A minimum gross lot area of five acres
shall be required for keeping three large domesticated animals. A
minimum gross lot area of six acres shall be required for keeping
four large domesticated animals. The keeping of four large domesticated
animals shall be the maximum number permitted on a lot with a gross
area of between six and 10 acres.
(d)
Any lot used for the keeping of one or more large domesticated
animals shall contain a minimum of one acre of land, exclusive of
buildings and impervious surfaces, for each such animal that is housed
or pastured on the lot. The land designated as qualifying acreage
for each such animal shall be used exclusively for such animal(s),
and such open area shall be covered and maintained entirely in natural
vegetation.
(e)
All animals shall be kept within a fenced enclosure at all times
when said animals are not leashed, haltered, or bridled and under
the direct control of the owner or an authorized agent of the owner
of the animals. Fences shall be a minimum of three feet from lot lines
unless the fence is part of a mutually agreeable property boundary
between two properties housing animals, in which case it may be along
the property line.
(f)
No large domesticated animal shall have direct access to a jurisdictional
wetland, watercourse, spring, or well on the lot on which the animal
is kept. Stabilized stream crossing areas designed and constructed
as such shall be exempted from this requirement.
(g)
Lots shall be graded so that animal waste from stables and/or
barns is confined to the lot on which the stable or barn is located.
(h)
Manure piles shall be not less than 50 feet from any lot line.
(i)
The keeping of large domesticated animals shall not constitute
a nuisance with regard to noise, odor, vectors, dust, vibration, running-at-large,
or other nuisance effects beyond the property lines of the property
on which the use is located.
(6)
Swimming Pool.
(a)
A swimming pool shall be located in the rear yard or side yard
of the dwelling to which it is accessory, and shall be located not
less than 10 feet from any lot line.
(b)
A swimming pool shall be separately enclosed with a continuous
barrier not less than four in height, made of solid wood, wire mesh,
or a similar material to guarantee inaccessibility.
(7)
Temporary Home for Family Members. A mobile home may be placed
upon any lot on a temporary basis for use and occupancy by a family
member, under the following restrictions and conditions:
(a)
Use of the same water and/or sewer system may be accomplished
only with approval of the Chester County Health Department.
(b)
Annual status reports shall be provided to the Board of Supervisors.
(c)
The mobile home shall be removed within 30 days after death
or vacation thereof by the family member.
(d)
A mobile home will be a secondary or supplemental residence
for the occupant in accordance herewith and the principal residence
must have been previously occupied primarily by another family member
for a period of not less than two years.
(e)
Area and bulk regulations shall be complied with where physically
possible and there shall be permitted only a minimum variance from
the terms and conditions thereof.
(f)
The mobile home shall be located so that there shall be no adverse
aesthetic effect on the neighborhood.
(g)
The mobile home shall be located in a manner which shall not
adversely affect the health, safety, and welfare of the residents
of East Nottingham Township and will not add increased traffic or
fire hazard.
(8)
Temporary Use.
(a)
A temporary permit may be issued by the Zoning Officer, in accordance with § 27-2108 of this chapter, for an accessory use necessary during construction or other special circumstances of a nonrecurring nature.
(b)
A mobile home may be permitted as a temporary dwelling unit
where the existing residence on a property has been damaged by fire,
natural disaster, or similar circumstance and is undergoing repair
or restoration.
1)
The Zoning Officer shall grant a temporary use permit only where
the applicant demonstrates that the repair of the permanent dwelling
on the property is being pursued in compliance with all applicable
regulations and with due diligence, and that the temporary dwelling
will be utilized for the minimum practical time period and removed
immediately upon the expiration of that period.
2)
The temporary use permit shall expire eight months from the
date of issuance.
3)
The temporary dwelling unit shall be set back a minimum of 15
feet from any lot line or in accordance with the applicable setback
requirement for accessory structures, whichever is greater.
4)
Where the property owner fails to remove the temporary dwelling
unit in accordance with the terms of this chapter, the Township shall
be authorized to remove the temporary dwelling unit and take appropriate
action against the property owner to recover the costs incurred by
such action.
(c)
An occupied travel trailer will be permitted as a temporary
use for a period not to exceed two weeks.
(d)
Nonresidential temporary uses include temporary tract offices
and fairgrounds.
(e)
A temporary tract office, located on a tract undergoing development,
that is utilized for construction management purposes may, while serving
that function, remain on the tract only during active development
of the property. Removal shall occur immediately upon completion of
the development process. Sales trailers may be located on such a tract
only during active development of the property, but shall be removed
no later than one year following the start of construction.
D.
Automobile/Farm Equipment Sales and Service.
(1)
All service and/or repair activities shall be conducted within
a single, wholly-enclosed building.
(2)
No outdoor storage of parts, 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 ventilation equipment associated with fuel storage tanks
shall be at least 100 feet from, and oriented away from, any residential
property.
(4)
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.
(5)
The demolition or storage of junked vehicles and mobile homes
and parts thereof is prohibited.
E.
Club, Fraternal, Civic Organization.
(1)
Minimum net lot area shall be two acres.
(2)
No more than one permanent dwelling unit may be maintained or
developed as part of the facilities.
(3)
All sales of goods and services provided are exclusively to
the members of the club or organization owning and developing the
facilities.
(4)
All activities and facilities shall be screened and buffered from adjacent residential uses in accordance with the terms of § 27-1714 of this chapter.
(5)
All facilities and activities shall be set back a minimum of
75 feet from any property boundary or road right-of-way, unless a
greater setback is required by the applicable zoning district.
F.
Day Care Facility for Children or Adults.
(1)
The provisions of this section shall apply to child or adult
day care facilities as a principal use providing service, primarily
for less than 18 hours per day, for children under 16 years of age,
or for persons who otherwise have some form of disability.
(3)
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)
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 not less than 10 feet from any
abutting property line.
(e)
The outdoor play area shall be enclosed by a fence with a minimum
height of four feet.
(4)
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 zoning permit application.
(b)
Sewage facilities 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, as necessary, to protect 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 the facility is licensed by the DPW
to provide such additional services.
(e)
The applicant shall submit a plan showing existing or proposed
outdoor play areas, outdoor play equipment, fencing, access drives,
adjacent streets, adjacent hazardous land uses, on-site hazardous
areas (as described above), delivery areas, parking spaces, and the
child or adult drop-off circulation pattern.
(f)
Lighting shall be provided, in accordance with the terms of § 27-1706 of this chapter, for areas of the site to be used during nondaylight hours. Such areas shall include, but need not be limited to, entrance ways, pedestrian access to the outdoor play areas, sidewalks, drop-off areas, and all parking lots.
G.
Dwelling in Conjunction with a Nonresidential Use.
(1)
One dwelling unit may be permitted in conjunction with a permitted,
approved nonresidential use in the C-1 and C-2 Districts.
(2)
If the dwelling unit is located within the same structure or
building as the nonresidential use, not less than 20,000 square feet
of lot area shall be provided for use by the occupants of the dwelling
unit in addition to the lot area required by this chapter for the
nonresidential use. Separate entrances and exits shall be provided.
All applicable codes regarding fire, safety, and housing shall be
met.
(3)
If the dwelling unit is located within a structure or building
separate from the nonresidential use, not less than the minimum lot
area required for a single-family dwelling in the zoning district
shall be provided in addition to the lot area required for the nonresidential
uses. All district requirements for yards, setbacks, and building
height and density shall be met.
H.
Hotel Inn.
(1)
Minimum lot size required for such use within the district where
it is permitted shall be 2,000 square feet of lot area for each single
room with bath but without kitchen facilities accommodations and 5,000
square feet of lot area for each apartment or unit with kitchen facilities.
(2)
Where on-lot subsurface sewage disposal systems are proposed
for such use, the lot shall contain suitable area for an alternate
or second subsurface disposal system.
I.
Restaurant, Including Fast-Food Restaurant and Drive-Through Service.
(1)
The applicant shall present 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 any residential district boundary.
(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 any and all 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.
J.
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 the building setback lines provided that all
screening required by this chapter is between the fence and the property
lines.
(3)
All driveways that have traffic traveling in two directions
shall be at least 30 feet in width. Any driveway that 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.
K.
Truck Freight Terminal.
(1)
All tractor trailer parking, outdoor storage, and loading/unloading areas visible from a public street or an adjacent residential use shall be screened by a twenty-five-foot vegetated buffer. Plantings within the buffer shall comply with the terms of § 27-1714, Subsection 1, of this chapter. Trees shall be selected, in part, for resistance to diesel exhaust.
(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.
L.
Veterinary Clinic.
(1)
All activities shall be provided within a fully-enclosed building,
with the exception of exercise runs and outdoor space to be used for
similar purposes.
(2)
The owner/operator of the veterinary clinic 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.
(3)
Short-term boarding of animals shall be permitted when necessary
in conjunction with other services being provided to an animal by
the clinic. Such boarding operation shall not be conducted as a kennel.
M.
Location of Adult Entertainment Businesses.
(1)
A person commits a violation of this chapter if the person operates
or causes to be operated an adult entertainment business within 500
feet of:
(a)
A church, synagogue, mosque, temple or building which is used
primarily for religious worship and related religious activities.
(b)
A public or private educational facility including, but not
limited to, child day care facilities, nursery schools, preschools,
kindergartens, elementary schools, private schools, intermediate schools,
junior high schools, middle schools, high schools, special education
schools, junior colleges and universities; school includes the school
grounds, but does not include the facilities used primarily for another
purpose and only incidentally as a school.
(c)
A licensed premises, licensed pursuant to the alcoholic beverage
control regulations of the Commonwealth of Pennsylvania.
(d)
Any other adult entertainment use; or within 500 feet of a boundary
of a property used for residential purposes or within 500 feet of:
1)
A public park or recreational area which has been designated
for park or recreational activities including, but not limited to,
park, playground, nature trail, swimming pool, reservoir, athletic
field, basketball or tennis courts, pedestrian/bicycle paths, wilderness
area, or other similar public land within the Township which is under
the control, operation or management of the Township park and recreation
authorities.
2)
An entertainment business which is oriented primarily towards
children or family entertainment.
(2)
A person commits a violation of this chapter if that person
causes or permits the operation, establishment, substantial enlargement,
or transfer of ownership or control of an adult entertainment business
within 500 feet of another adult entertainment use.
(3)
A person commits a violation of this chapter if that person
causes or permits the operation, establishment, or maintenance of
more than one adult entertainment business in the same building, structure,
or portion thereof, or the increase of floor area of any adult entertainment
business in any building, structure, or portion thereof, containing
another adult entertainment business.
(4)
For the purpose of Subsection 1M(1), measurement shall be made in a straight line, without regard to the intervening structures or objects, from the nearest portion of the building or structure used as the part of the premises where an adult entertainment business is conducted, to the nearest property line of the premises of a use listed in Subsection 1M(1). Presence of a municipal, county or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this Subsection 1M.
(5)
For the purpose of Subsection 1M(2), the distance between any two adult entertainment businesses shall be measured in a straight line, without regard to the intervening structures or objects or political boundaries, from the closest exterior wall of the structure in which each business is located.
N.
Hours of Operation of Adult Entertainment Businesses. No adult entertainment
business may remain open at any time between the hours of 1:00 a.m.
and 6:00 a.m. on weekdays and Saturdays, and 1:00 a.m. and 12:00 p.m.
on Sundays.
[Ord. 2005-9, 12/29/2005, § 1603]
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. Any such proposed
use also shall comply with the applicable standards and regulations
of the base zoning district.
A.
All uses regulated by the terms of this section shall also be in
compliance with any other applicable standards of this chapter including,
but not limited to, those in the following Parts:
B.
Bed-and-Breakfast Establishment.
(1)
Where permitted as a special exception under the terms of one
or more of the base zoning districts, 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)
Operation of a bed-and-breakfast establishment shall require
a minimum net lot area of one acre or the minimum net lot area required
for a single-family detached dwelling in the applicable zoning district,
whichever is greater.
(3)
No external modifications that would alter the residential character
of the dwelling, with the exception of fire escapes, are permitted.
(4)
All floors above ground level shall have an emergency exit providing
access to ground level.
(5)
One off-street parking space shall be provided for each guest
room, in addition to the required spaces for the existing dwelling.
(6)
All parking areas shall be at least 25 feet from all property
lines.
(7)
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.
(8)
A bed and breakfast shall not include more than three rooms
for rent.
(9)
In the absence of public or community sewage 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.
(10)
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.
(11)
Guests shall not remain in the same bed-and-breakfast establishment
for more than 14 consecutive days:
(12)
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 full-time
equivalent employees who are nonresident, may be employed. As applied
to the property, ownership shall comprise not less than a majority
interest.
(13)
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.
(14)
Any amenities, such as a tennis court or swimming pool, shall
be solely for the use of the residents and guests of the facility.
(15)
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.
C.
Home Occupation, Major. Where permitted as a special exception under
the terms of this chapter, a major home occupation shall meet the
following requirements:
(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 1C, for home occupations permitted by right, primarily due to the proposed employment of nonresident and/or the nature of the proposed use. It is the intent of this section to assure that any home occupation is:
(3)
No exterior evidence of the activity in the form of lighting, or the display, inventorying, or stockpiling of goods, shall be visible. Any sign associated with a home occupation shall comply with the standards in § 27-1804 of this chapter.
(4)
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.
(5)
No more than two nonresident employees shall be permitted. However,
where a home occupation is an office in the building trades and similar
fields, the business may have additional employees for off-site activities
provided they are not employed on-site, they do not park on or near
the property, and they do not normally visit the property during the
course of business.
(6)
Major home occupations shall be limited to those occupations
customarily conducted within a single-family detached dwelling. Major
home occupations shall include, but not be limited to, the following
activities:
(a)
Medical, dental, or legal 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)
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.
2)
There shall be suitable outside activity/recreation area which
shall be buffered from all adjoining properties with screening by
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, woven chain link, 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.
3)
The owner must be registered with the Pennsylvania Department
of Public Welfare (DPW) and must demonstrate compliance with all DPW
regulations for such homes.
4)
The family day care use may operate on weekdays only. Outside
play shall be limited to the hours between 9:00 a.m. and 5:00 p.m.
(c)
Preparation of food or food products to be sold or served off-site.
(d)
Other accessory uses that do not qualify as no-impact home occupations under the terms of § 27-1602, Subsection 1C, but, in the determination of the Zoning Hearing Board, are considered to be of the same general character as the home occupations listed herein and meet all the requirements for major home occupations contained in this chapter.
(7)
The applicant shall demonstrate that adequate off-street parking
shall be provided for both the home occupation and the dwelling unit.
In no event shall the parking spaces provided be less than two for
the dwelling unit and one for each nonresident employee. For any office
use permitted, a minimum of one parking space per 150 square feet
of gross leasable floor area devoted to such use shall be provided,
in addition to two spaces for the dwelling unit.
(8)
Retail sale of merchandise, supplies, or products shall not
be conducted on the property except for the following:
(a)
The sale of items that are clearly incidental and subordinate
to the conduct of the home occupation or items used in the home occupation
such as the sale of beauty supplies used by the proprietor is permitted.
(b)
Orders previously made by telephone, internet, 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
racks, but a person may pick up an order placed earlier as described
above.
(9)
Unless otherwise determined by the Zoning Hearing Board, an
approved home occupation may be conducted only during the hours of
8:00 a.m. to 6:00 p.m., and shall not operate on Sundays or legal
holidays.
(10)
Where the proposed home occupation will include nonresident
employees, in accordance with the terms of this chapter, the Zoning
Hearing Board may require appropriate documentation that the sewage
facilities serving the property will be adequate to meet the wastewater
treatment and disposal needs that will be generated on the property.
Where such facilities cannot be provided, the Board may deny the request
for special exception.
(11)
Prior to initiating the operation of a major home occupation,
the resident practitioner shall be required to obtain a permit from
the Township and pay a fee in an amount as established by resolution
of the Board of Supervisors. The Township shall conduct an inspection
of the premises as part of the review of the permit application. Such
permit must be renewed annually for continued operation of the home
occupation, and the Township may conduct an inspection, as it deems
necessary, in conjunction with the permit renewal process.
D.
Junkyard.
(1)
Where a junkyard is located on a property adjacent to a residential zoning district or residential use, there shall be a setback from the adjacent residential zoning district boundary or residential use lot line of at least 100 feet, screened in accordance with Subsection 1D(12).
(2)
Wherever the property containing a junkyard abuts a public or private street, the portion(s) of the property abutting the public or private street shall contain screening material that complies with the standards in Subsection 1D(12).
(3)
The area where junk or any other material is stored outside
shall be enclosed within a wall or fence at least eight feet in height
and which is designed and constructed so as to be at least 90% solid
or opaque.
(4)
Storage piles shall not exceed eight feet in height, and no
more than two adjoining rows of junked cars shall be stored together.
(5)
There shall be provided at least a twelve-foot-wide accessway
which shall be kept clear and free at all times to provide for access
to all parts of the premises for firefighting and other safety or
emergency purposes.
(6)
No explosive, toxic, radioactive, or highly flammable materials
shall be kept on the property. Gasoline, oil, Freon, vehicle batteries,
and other flammable or toxic substances shall be removed from any
junk or other items stored on the premises. Such materials shall be
removed and disposed of in accordance with applicable federal, state,
and local regulations and shall not be released into the air or deposited
on or into the ground or watercourses.
(7)
No junk or other material shall be burned on the premises.
(8)
No garbage or other waste liable to give off a foul odor or
attract vermin or insects shall be kept on the premises.
(9)
All junk shall be stored or arranged to prevent accumulation
of water.
(10)
A junkyard shall obtain any applicable license or permit and
shall remain in compliance with those requirements.
(11)
There shall be no processing or sale of materials at a junkyard
on Sundays, legal holidays, and between the hours of 6:00 p.m. and
7:00 a.m. prevailing time.
(12)
Where a landscaped screen is required under the terms of this
section, such screen shall be located within a planting strip that
has a minimum width of 10 feet. Plant material shall be a minimum
of eight feet in height at the time of installation, and shall be
an evergreen hedge unless alternative plant materials and/or the incorporation
of existing vegetation are specifically approved by the Zoning Hearing
Board.
E.
Residential Conversions.
(1)
Purpose. The intent of this section is to provide an alternative
use for structurally sound, primarily older single-family detached
dwellings. This section also is intended to allow an increase in the
supply of smaller dwelling units and provide for more efficient use
of the existing housing stock, while protecting the character of sound,
stable residential neighborhoods and preserving the basic character
of dwellings that might otherwise become obsolete.
(2)
Applicability. The provisions established under this section
shall apply to all residential conversions where permitted by the
appropriate zoning district.
(3)
Standards. A single-family detached dwelling, existing on the effective date of this section, may be converted into and used as a two-family or multi-family dwelling, when authorized as a special exception in accordance with the terms of § 27-2203 of this chapter and the following requirements of this section:
(a)
A site plan for the conversion of said dwelling shall be submitted
as part of the application for special exception. The applicant also
shall submit a copy of the floor plan, indicating all dimensions prior
to and following conversion, and copies of any necessary permits from
other agencies, as required by law, or documentation that such permits
have been applied for.
(b)
The resulting dwelling units shall have a minimum floor area
of 800 square feet.
(c)
Such dwellings shall be subject to the height, width, yard,
and other applicable regulations effective in the zoning district
where the existing single-family structure is located. Minimum required
lot area for the structure, following conversion, shall be calculated
as follows:
1)
Where the converted dwelling units will be served by individual
on-site sewage facilities, 50% of the product of the minimum lot area
for a single-family dwelling with on-site sewage times the number
of dwelling units (existing and proposed) to be contained in the converted
structure:
2)
Where the converted dwelling units will be served by a community
or public sewage system, the minimum lot area shall be 50% of the
product of the minimum lot area for a single-family dwelling when
served by such a sewage system times the number of dwelling units
(existing and proposed) to be contained in the converted structure.
(d)
The existing building may be reduced in size during conversion,
but shall not be enlarged except for the creation of fire escapes
and outside stairways. Such additions shall be located at the rear
of the building unless clearly impractical.
(e)
The off-street parking requirements of this chapter shall apply.
(f)
Regardless of the size of the existing structure, the total
number of dwelling units following conversion shall not exceed five.
(g)
The resulting dwelling units shall be provided with appropriate
sewage systems and water supply systems. The applicant shall submit
to the Township a permit for an individual on-site sewage disposal
system issued by the Chester County Health Department, where a community
or public sewage system is not available. Where a shared well is used
for water supply, an agreement of use and maintenance shall be prepared
and submitted to the Township.
(h)
Each resulting dwelling unit shall meet the definition of dwelling
unit contained in this chapter and shall comply with all applicable
Township codes and regulations regarding building, housing, plumbing,
electric, fire safety, and the like.
(i)
The Zoning Hearing Board may specify the maximum number of dwelling
units to be created within any such structure, and may prescribe such
further conditions and restrictions with respect to the conversion
and use of such dwelling, and to the use of the lot, as the Board
may consider appropriate.
(4)
The Zoning Officer shall review all applications for residential
conversions to determine compliance. Upon approval of the completion
or alteration involved in a conversion, the Zoning Officer shall inspect
the premises, prior to issuing an occupancy permit, to verify compliance
with this chapter and the terms of the special exception approval.
F.
Sanitary Landfill.
(1)
Any landfill approved under the terms of this section shall
be owned and operated by East Nottingham Township or by an Authority
of which East Nottingham 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 500 feet of any lot line.
(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
Township's regulations that address groundwater and 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 100 feet 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 nonvegetative screening
erected on the site shall not be located within this landscaped area.
[Ord. 2005-9, 12/29/2005, § 1604]
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. Any such proposed use also
shall comply with the applicable standards and regulations of the
base zoning district:
A.
All uses regulated by the terms of this section shall also be in
compliance with any other applicable standards of this chapter including,
but not limited to, those in the following Parts:
B.
Billboard.
(1)
Billboards shall be permitted only within the C-1 Special Limited
Business District and only when approved as a conditional use by the
Board of Supervisors. To be eligible to contain a billboard, a property
in the C-1 District must directly abut, and/or be contained within,
the right-of-way of the U.S. Route 1 Bypass.
(2)
Any application for approval of a billboard as a conditional
use shall be evaluated in terms of the potential impact of the proposed
billboard's location and dimensions on:
(3)
Any application for approval of a billboard as a conditional
use shall demonstrate compliance with the following requirements:
(a)
A billboard may only be constructed as a freestanding sign.
(b)
The maximum sign area of any billboard shall be 300 square feet.
(c)
The maximum height of any billboard shall be 25 feet, as measured
from the ground surface to the top of the sign.
(d)
No billboard shall be located closer than 50 feet to any property
line.
(e)
There shall be a minimum separation distance of 300 feet between
any two billboards.
C.
Car Wash.
(1)
All washing of vehicles shall be performed within an enclosed
building. All materials and parts shall be stored within an enclosed
building.
(2)
Materials discarded as part of the operation shall be contained
within completely enclosed dumpster equipment. The applicant for conditional
use approval shall demonstrate compliance with all applicable county,
state, and/or federal regulations governing the intended use.
(3)
There shall be no deleterious impacts from noise, odor, vibration,
light, or electrical interference on adjacent properties.
(4)
No outdoor storage of vehicles shall be permitted in any portion
of a required minimum yard area.
(5)
Access points shall be limited to two on each street abutting
the lot.
(6)
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.
(7)
Each car wash bay shall allow for a stacking of three vehicles.
D.
Cemetery.
(1)
The following standards shall apply to any commercial cemetery
or cemetery that is accessory to a church or similar place of religious
worship, but shall not be applicable to a private family cemetery
that is a use accessory to a dwelling or an agricultural property.
(2)
A minimum net lot area of 10 acres shall be provided for any
commercial cemetery.
(3)
The application for a zoning permit shall be accompanied by
an informal sketch landscape plan, including narrative, that indicates
the general landscape design intended, approximate type and amount
of vegetation to be installed, etc.
(4)
In addition to the installation of landscape material, 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.
(5)
The applicant shall provide sufficient hydrologic and other
information to satisfy the Board of Supervisors 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.
(6)
No burial ground or plot or any structure related to the cemetery
operation shall be located within:
(7)
In no case shall any structure, burial ground, or burial plot
be located within a one-hundred-year floodplain.
(9)
The placement of burial vaults within burial ground areas shall
comply with the following standards:
(a)
Multiple burial vaults may be placed in a single plot (i.e.,
one above the other).
(b)
No vault shall be located less than three feet beneath the ground
surface after development, except where completely enclosed within
a mausoleum.
(c)
No vault shall be located where, at its greatest depth below
the ground surface, it may intrude upon the seasonal high water table.
(d)
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.
Commercial Composting Processing Operation. An applicant seeking
to establish a commercial compost processing operation must show compliance
with the following:
(1)
Compliance. The applicant must demonstrate compliance, and continue
to comply, with all applicable state and federal standards and regulations.
(a)
An environmental impact statement will be prepared and submitted
in accordance with federal and state standards.
(b)
A water feasibility study will be provided to enable the Township
to evaluate the impact of the proposed development on the groundwater
supply and on existing wells. The purpose of the study will be to
determine if there is an adequate supply of water for the proposed
development and to estimate the impact of the new development on existing
wells in the vicinity. The water feasibility study shall be reviewed
by the Township Engineer and appropriate federal and state agencies.
A water system which does not provide an adequate supply of water
for the proposed development, considering both quantity and quality,
or does not provide for adequate groundwater recharge considering
the water withdrawn by the proposed development, shall not be approved
by the Township. A water feasibility study shall include the following
information:
1)
Calculations of the projected water needs.
2)
A geologic map of the area with a radius of at least 1 mile
from the site.
3)
The location of all existing and proposed wells within 1,000
feet of the site and all known point sources of pollution.
4)
Based on the geologic formation(s) underlying the site, the
long-term safe yield shall be determined.
5)
A determination of the effects of the proposed water supply
system on the quantity and quality of water in nearby wells, streams,
and the groundwater table, including a baseline analysis of water
quality and water quantity within a 1 mile radius of the proposed
facility.
6)
A statement of the qualification and signature(s) of the person(s)
preparing the study.
(2)
Driveways. All driveways onto the site must be paved for a distance
of at least 100 feet from the street right-of-way line. In addition,
a fifty-foot long gravel section of driveway shall be placed just
beyond the preceding one-hundred-foot paved section to dislodge any
mud that may have become attached to a vehicle's wheels.
(3)
Landscaping. A landscape strip with a minimum width of 50 feet
shall be located along all property lines. No structures, storage,
parking or any other related activity or operation shall be permitted
within this landscape strip. Fences or other screening erected on
the site must be located on the interior of this landscape strip.
(4)
Leachate. Leachate shall be disposed of in compliance with any
applicable state and federal laws or regulations. In no event shall
leachate be disposed of in a storm sewer, to the ground, or in any
other manner inconsistent with the Department of Environmental Protection
regulations.
(5)
Minimum Setback. No processing or storage of compost shall be
permitted within 200 feet of any lot line or 500 feet of any residential
district or use.
(6)
Nuisance Control. The applicant shall submit a plan demonstrating
safe access to the site, control of odors, and control of blowing
litter.
(7)
Operations. All composting activities including the processing,
preparation, curing, loading, material handling, unloading, storing
(including long-term storage) and packaging operations of compost
for commercial purposes must be conducted within a completely enclosed
building. The enclosed structure shall be located on a concrete slab
with a proper drainage collection system so that no materials or liquids
leak onto or beneath the ground surface. The structure will also be
vector-proof and utilize state of the art technology for aerobic,
thermophilic decomposition of the materials involved in the compost
preparation. At all stages the operation must utilize the best available
air scrubbing technology to control odor and air pollution. Loading
and unloading must occur on a concrete or asphalt surface. All composting
activities must take place on the concrete impermeable pad, the size
of which shall be determined by the Board of Supervisors during the
conditional use hearing.
(8)
Screening. The use shall be screened from all roads and adjoining
properties by fencing or evergreen planting as determined by the Board
of Supervisors.
(9)
Supervision. Unloading, processing and transfer operations shall
be continuously supervised by a qualified facility operator. Hours
of operation are limited to 7:00 a.m. to sunset Monday through Saturday.
(10)
Unauthorized Dumping. Access to the site shall be controlled
to prevent unauthorized dumping.
(11)
Vehicle Stacking Lanes. All uses shall provide sufficiently-long
stacking lanes into the facility, so that vehicles waiting to be weighed
or loaded/unloaded will not back-up onto public roads.
(12)
Hay and straw utilized in the processing and preparation of
compost may be stored outside.
(13)
No hazardous materials as defined in the Hazardous Material
Emergency Planning and Response Act, 35 P.S. § 6022.103,
may be utilized at any stage of the composting process, including
materials to be incorporated into the process. The operator shall
be required to supply Material Safety Data Sheets as identified in
the Worker and Community Right to Know Act, 35 P.S. § 7305,
for any substance included therein.
(14)
Construction of the lagoons to contain the water used in the
processing of the compost and of the berms to hold the leachate wastewater
must comply with all state and federal regulations and with state
of the art technology.
(15)
All local water surface bodies and designated ground water downgrading/side
gradient, monitoring well locations (to be installed by applicant
if not otherwise available) are to be tested for pollutants once a
month at the sole expense of the operator. Such tests will include,
but not be limited to, levels of ammonia, chloride, fecal coliform,
lead and other hazardous substances that are associated with composting
operations in accordance with the Pennsylvania Department of Environmental
Protection and the Chester County Department of Health regulations.
Air sampling for hazardous pollutants and pathogens will occur on
a monthly basis as the sole expense of the operator. Tests for hazardous
pollutants and pathogens will be consistent with constituents that
are associated with composting operations in accordance with the Pennsylvania
Department of Environmental Protection and the Chester County Health
Department. Copies of said reports shall be forwarded to East Nottingham
Township and, where appropriate, to federal and state agencies on
a monthly basis. Testing shall be at the sole expense of the operator.
(16)
If leachate is to be discharged into a municipal sewage facility,
appropriate permits shall be obtained from the applicable agencies
and authorities.
(17)
Minimum Setback. No processing shall be permitted within 500
feet of any wells, springs, lakes, and/or streams. In addition, any
ventilation outlets must be oriented away from land within a residential
zone. The setbacks contained in this section shall not be reduced
for any reason.
(18)
Application. A person wishing to establish a compost operation
in the Township shall present an application for a conditional use,
pursuant to the procedures specified in this chapter, which shall
contain the following:
(b)
The identity of the owner of the site and relationship of applicant
to the owner(s). The application shall include a description of all
composting activities in which the owner(s) of the site and/or the
applicant and/or their principals have been engaged under any business
entity including fictional name registrations, partnership names and
corporate names. The description of all composting activities shall
include a history of all notices of violations, cease and desist orders,
and civil and criminal citations under any prior business entity name
in which the owner/applicant(s) were previously engaged.
(c)
If the proposed use is contiguous to another property being
used for the processing or preparation of compost, the applicant shall
establish that the proposed use and location will not contribute to
or compound any existing adverse safety, health, and welfare conditions
as a result of the increased concentration of composting usage. The
Board of Supervisors many deny outright or impose additional conditions
arising out of problems caused by the over concentration of composting
activities in the area in question.
(19)
Requirements and Standards Applicable to Compost Operation.
In considering the application for a commercial compost operation
as a conditional use, the Board of Supervisors, shall require that:
(a)
Any application for compost operation be in compliance with
the requirements of the Pennsylvania Department of Environmental Protection
and that, prior to the onset of site utilization, a permit be obtained
from the Pennsylvania Department of Environmental Protection for said
operations if the Pennsylvania Department of Environmental Protection
so requires.
(b)
An application must provide an analysis of the physical conditions
of the primary road system serving the proposed use, including information
on current traffic flows on the road system including ingress and
egress to and from East Nottingham Township and projections of traffic
generated by the proposed use to include anticipated increased noise
level, as well as the projected weight and number of vehicles. Any
such site must have direct access to either an arterial or collector
highway, or a township road that is paved with a surface and base
course of sufficient depth to withstand traffic loads as established
by the above traffic analysis.
(c)
The proposed operation will not create a nuisance in the Township
or otherwise impose a hardship on adjoining property owners or with
the Township in general.
(d)
That provision be made by the applicant that all trucks entering
and leaving the site shall be covered and that as part of the daily
operation of the site roads used for access to the site be patrolled
daily to pick up and dispose of scattered and blowing papers or other
refuse.
(e)
That the site be properly fenced to prevent blowing papers and
other nuisances on adjoining properties.
(f)
When completed, be properly maintained such that it does not
constitute a nuisance or danger to the adjoining property owners and
to the surrounding areas from uneven settlement, emission of gases
due to waste decomposition, and potential vandalism from being abandoned.
(20)
Minimum Acreage. No site shall be approved for a compost operation
which has a gross tract area less than 10 contiguous acres. In computing
site sizes, properties divided by public roads shall not be deemed
contiguous. No site shall be larger than 15 acres.
(21)
Any commercial composting site shall apply for and secure the
land development approval by East Nottingham Township in accordance
with the Municipalities Planning Code, 53 P.S. § 10101 et
seq.
(22)
Performance Bond. In order to assure the Township that the various
tests and duties imposed upon an applicant are fully performed, the
Board of Supervisors shall require that a sufficient surety for such
performance shall be posted by an applicant before issuing any conditional
use approval or permit. The applicant shall assure the Township by
means of financial security sufficient to cover the cost, as estimated
by the Township Engineer, of performing the various tests and duties
imposed upon him by the chapter.
(23)
Indemnification. In addition to the foregoing requirements,
all applicants to operate a compost operation upon property within
the Township of East Nottingham shall, prior to the utilization of
any site, deliver to the Township Board of Supervisors a liability
indemnification, on a form to be prepared by or approved by the Township
Solicitor, pursuant to the terms of which, the applicant specifically
agrees to fully indemnify and hold harmless the Township of East Nottingham
and all of its officers, agents, and employees from any and all liability
and litigation defense costs accruing to any person(s) as a result
of any use of any land in the Township permitted by the Board of Supervisors
pursuant to this section.
F.
Communications Towers Antennas, and Equipment.
(1)
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 conditional use by the Board of Supervisors, 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 Uniform Construction 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.
(2)
Communications Tower. A communications tower may be constructed
in the C-1 or C-2 Districts, or on any property owned by the Oxford
Area Sewer Authority or the Oxford Area Recreation Authority, when
approved as a conditional use by the Board of Supervisors, in accordance
with the terms of this section. A communications tower also may be
constructed on property owned by East Nottingham Township. Height
of the communication tower shall not exceed 150 feet.
(3)
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.
(4)
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 Board of Supervisors 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.
(5)
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.
(6)
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.
(7)
Site Plan. A full site plan shall be required and shall accompany the application for conditional use 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].
(8)
Standards for Review of Conditional Use Requests. In addition
to the applicable requirements of this section and other sections
of the chapter, the Board of Supervisors shall review a conditional
use 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 Board of Supervisors 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 Board of Supervisors,
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 Board of Supervisors, 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 1F(13), below.
(h)
The applicant shall provide with its application to the Board
of Supervisors:
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 Board of Supervisors.
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.
(9)
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 conditional use approval granted by the Board of
Supervisors for the proposed use.
(10)
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.
(11)
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 for the tower, prepared 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 23 of this chapter.
(12)
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.
(13)
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 non-use. Abandonment shall be presumed after one year of nonuse, and the owner of the facility shall have the burden of proving nonabandonment. 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 23 of this chapter.
G.
Convenience Store.
(1)
The following standards shall apply to any convenience store,
as defined and specifically permitted under the terms of this chapter.
The standards in this section shall supersede similar standards that
may be contained in this chapter. Standards elsewhere in this chapter
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)
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.
(4)
Where a convenience store operation includes the retail sale of automotive fuel, the standards in Subsection 1G(5) below, shall be met.
(5)
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.
(6)
In addition to screening and landscaping as may be required by §§ 27-1714 and 27-1715, respectively, 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)
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 rural and agricultural
character of the Township.
H.
Gasoline Service Station.
(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 fueling positions 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 agriculturally-zoned or 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:
(8)
No temporary or seasonal sales shall be conducted outside a
building.
I.
Golf Course.
(2)
No building shall be located within 100 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.
(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 or municipal authority 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 § 22-510 of the Township Subdivision and Land Development Ordinance [Chapter 22].
(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 Oxford Area Sewer Authority, the Chester County Health Department, and the Pennsylvania Department of Environmental Protection.
J.
Kennel.
(1)
Kennels which are contained in a completely enclosed building
shall be soundproofed and shall not be located closer than 150 feet
to any residential lot line or street right-of-way line.
(2)
Kennels for housing more than six dogs, or that are not contained
in a completely enclosed building, shall be a minimum of 300 feet
from any residential lot line or street right-of-way line.
(3)
Animal boarding buildings that are not completely enclosed,
and any outdoor animal pens, stalls, or runways, shall be located
only within the rear yard.
(4)
The kennel shall have all outdoor exercise yards entirely fenced
to prevent animals from leaving the property.
(5)
The applicant shall provide a plan for the disposal of animal
wastes generated by the operation.
(6)
The owner/operator of the kennel 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.
(7)
The applicant shall provide the Board with a plan for the disposal
of animals that perish while on the property, either by controlled
incineration or removal from the premises in a sanitary manner within
24 hours of their death.
(8)
All animals shall be housed in an enclosed all-weather protective
structure between the hours of 8:00 p.m. and 7:00 a.m.
(9)
The applicant shall provide the appropriate Department of Agriculture
license and obtain a use and occupancy permit prior to opening the
operation.
(10)
The sale of related products shall remain accessory to the kennel,
and any area devoted to such sales shall comprise no more than 25%
of the floor area of the principal building.
K.
Place of Religious Worship.
(1)
No person shall temporarily or permanently reside within a place
of religious worship structure. Religious quarters associated with
the place of religious worship shall be within a separate structure
which meets all lot, setback, and building requirements for the structure
as a separate use.
(2)
In any zoning district in which a place of religious worship
is permitted, the minimum lot area shall be two acres and the minimum
lot width shall be 200 feet.
(3)
Side yard and rear yard setbacks of not less than 50 feet shall
be provided on any 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)
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.
L.
Planned Commercial Village.
(1)
Minimum net lot area per individual use shall be 14,000 square
feet.
(2)
Floor Area. First floor/ground floor building footprint shall
not be less than 10,000 square feet in gross floor area and shall
not be greater than 40,000 square feet in gross floor area.
(3)
Minimum front yard depth shall be 15 feet.
(4)
Minimum side and rear yards.
(a)
Where the tract abuts a nonresidential zoning district and/or
nonresidential use, the minimum side and rear yard dimension shall
be 15 feet.
(b)
Where the tract abuts a residential zoning district or a property
used for agricultural or residential purposes, the minimum side and
rear yard dimension shall be 50 feet.
(5)
Minimum setback of parking areas from any side or rear property
line shall be five feet.
(6)
There shall be a landscaped perimeter buffer along all side and rear property lines that abut a residential zoning district or a residential or agricultural use. The buffer area shall have a minimum depth of 10 feet and plantings shall comply with the applicable terms of § 27-1714 of this chapter.
(7)
Except as otherwise required by PennDOT or approved by the Board
of Supervisors, 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.
(8)
Landscaped walkways within parking lots shall be provided. Landscaping
and variations in pavement shall be used to better define walkways
and ensure safety.
(9)
Loading and unloading spaces for delivery trucks shall not block
major pedestrian ways or create blind spots.
(10)
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.
(11)
The language, terms, and conditions of any proposed covenant
or restriction shall be subject to review and recommendation by the
Township Solicitor.
M.
Public or Private School.
(1)
The minimum net lot area for development or expansion of any
such use where permitted as a special exception shall be five acres
plus one acre per each 100 pupils for which the facility is designed.
(2)
Maximum impervious surface coverage of the lot shall be 50%.
(3)
All structures shall be set back at least 100 feet from any
residentially-zoned land.
(4)
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 set back 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. Any vegetative materials
located within the recreation area shall be nonharmful (i.e., not
thorny, poisonous, allergenic, etc.).
(5)
All applicable state and federal regulations for structures
and operations shall be met. Copies of any required licenses and permits
shall be provided to the Township.
(6)
Where on-lot subsurface sewage disposal systems are proposed,
a replacement seepage bed area tested as suitable shall be designated
and preserved for that use.
N.
Residential Conversion to Commercial Use.
(1)
The provisions of this section shall apply to any existing residential
property in the C-2 District that is proposed to be converted to commercial,
office, or similar nonresidential use and for which an application
for conditional use has approval has been submitted.
(2)
A site plan for the conversion of the residential structure
shall be submitted as part of the conditional use application. The
site plan shall include all existing and proposed features, including
buildings, parking areas, driveways, sidewalks, etc. The applicant
also shall submit a copy of the floor plan, indicating all dimensions
prior to and following conversion, and copies of any necessary permits
from other agencies, as required by law, or documentation that such
permits have been applied for.
(3)
Following conversion, the commercial property shall be subject
to the height, width, yard, impervious surface, and other applicable
regulations effective in the C-2 District. Minimum net lot area for
the structure, following conversion, shall be as required in the C-2
District. Where a lot exists with less net area than required, it
may be converted for a commercial purpose so long as it is a legal
nonconforming lot.
(4)
The existing residential building shall not be enlarged by an
amount greater than 10% of its floor area at the time of application,
except for the creation of fire escapes and outside stairways which
shall be located at the rear of the building unless clearly impractical.
(5)
The off-street parking requirements of this chapter shall apply.
(6)
To the maximum extent feasible, the proposed conversion shall comply with the applicable standards in Part 17, "General Regulations," of this chapter.
(7)
The resulting commercial use shall be provided with an appropriate
sewage system and water supply system. The applicant shall submit
to the Township a permit for an individual on-site sewage disposal
system issued by the Chester County Health Department, where a community
or public sewage system is not available. Where a shared well is used
for water supply, an agreement of use and maintenance shall be prepared
and submitted to the Township.
(8)
Upon conversion, the commercial use shall comply with all applicable
Township codes and regulations regarding building, housing, plumbing,
electric, fire safety, and the like.
(9)
The Board of Supervisors may specify the maximum amount of commercial
floor area to be created within the existing residential structure,
and may prescribe such further conditions and restrictions with respect
to the conversion and use of the structure, and to the use of the
lot, as the Board may consider appropriate.
(10)
The Zoning Officer shall review all applications for such residential
conversions to determine compliance. Upon completion of the alterations
involved in the conversion, the Zoning Officer shall inspect the premises,
prior to issuing an occupancy permit, to verify compliance with this
chapter and the terms of conditional use approval.
(11)
Where the plan for a residential conversion complies with the terms of this section, the Board of Supervisors, at its sole discretion, may subsequently waive the requirement for a land development plan under the terms of the Township Subdivision and Land Development Ordinance [Chapter 22] where the Board deems the potential for off-site impacts to be minimal.
O.
Retained Open Space Development. In the I-2 Limited Industrial District,
where retained open space development is permitted as a conditional
use, the Board of Supervisors shall evaluate any application for such
development in relation to the following:
(1)
The statement of intent for the I-2 District.
(2)
Opportunities that may exist for developing the tract with a
use permitted by right in the district, and the potential importance
of such development in furthering the Township's community development
objectives.
(3)
The degree to which the proposed development would be compatible
with, or would present deleterious impacts on, existing land uses
adjacent to the tract.
P.
Single-family detached dwellings proposed on tracts with a gross
area of five acres or more as of November 18, 2002, and not using
the retained open space development option.
(1)
Any application for conditional use approval for single-family dwelling units, where authorized in the applicable base zoning 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 Part 21.
(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 an existing features plan as prescribed in §§ 22-402, Subsection 3A and E, of the Township Subdivision and Land Development Ordinance [Chapter 22]. Based on this plan, 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 retained open space development 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 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 visual character.
(d)
Ability to Utilize the Retained Open Space Development Option.
The applicant shall document site characteristics that make the use
of the retained open space development option infeasible or inappropriate
in terms of the objectives to be achieved by that option.
