Township of Caln, PA
Chester County
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Table of Contents
Table of Contents

§ 155-105 Statement of intent.

A. 
The purpose and objective of the provisions established under Article IX of this chapter is to establish specific supplementary regulations for residential and nonresidential land uses.
B. 
The provisions contained in Article IX of this chapter are intended to serve as minimum requirements to promote the public health, safety and the general welfare of the residents and property owners of Caln Township. The regulations shall supplement and not replace the provisions established within this chapter of the Code. Unless otherwise specified within this chapter and/or where the supplementary regulations contained within this article impose greater restrictions than those of any other statute, ordinance or regulation, the provisions established under this article shall prevail.

§ 155-106 Access to lots, buildings, structures and uses.

A. 
Every building and structure hereafter erected or moved shall be located on a lot adjacent to a public street or an approved private street. The buildings and structures shall be so located on the lots in such a manner to provide safe and convenient access for emergency vehicles and off-street parking.
B. 
More than one principal building may be erected on a single lot, provided that all lot and yard requirements, standards and other requirements of this chapter shall be met for each building as though it were on an individual lot and suitable access is provided to each principal building in the event of future subdivision of the lot.
[Amended 3-30-2006 by Ord. No. 2006-5]

§ 155-107 Accessory uses and structures.

A. 
The following provisions for accessory land uses and structures shall apply to residential uses within all zoning districts:
(1) 
No accessory building or structure for a residential use within the R-1, R-2, C-1, C-2 and I-1 Zoning Districts shall be permitted within a required front yard or side yard or within 10 feet of the rear lot line, except for fences, walls and signs as permitted by §§ 155-115 and 155-148 and except for ground-mounted solar photovoltaic systems as permitted by § 155-129.
[Amended 12-17-2007 by Ord. No. 2007-15; 9-12-2013 by Ord. No. 2013-06]
(2) 
No accessory building or structure for a residential use within the R-3, R-4, R-5 and TV-1 Zoning Districts shall be permitted within a required front or side yard or within five feet of the rear lot line, except for fences, walls and signs as permitted by §§ 155-115 and 155-148 of this chapter.
[Amended 12-17-2007 by Ord. No. 2007-15]
(3) 
Garages, porches, decks, terraces, patios and similar buildings or structures which are located within the rear yard of single-family semidetached dwellings, multifamily townhouse units and multifamily apartment units may be located along the common lot line, provided that they do not project onto another property and they are located at least three feet from the rear yard.
(4) 
No permanent residential accessory building or structure shall be constructed on any lot prior to the commencement of construction of the principal building to which it is accessory.
(5) 
Private noncommercial in-ground or aboveground swimming pools, which are designed to contain water with a total surface area greater than 100 square feet and a depth of 24 inches or more, shall be located at least 15 feet from the rear or side property lines and shall be entirely enclosed with permanent fence not less than four feet in height. The pool shall not occupy more than 50% of the minimum side or rear yard area in which it is located. In addition to the provisions of this chapter, other provisions specified by the Caln Township Code may apply for swimming pools.
(6) 
Private noncommercial in-ground or aboveground hot tubs or therapeutically spas, which are designed to contain water with a total surface area less than 100 square feet and a depth of 24 inches or more, shall be located at least 15 feet from the rear or side property lines, which shall be properly secured pursuant to the manufacturers specifications.
(7) 
Private noncommercial aboveground temporary pools, which could be inflated, erected and installed as a short-term or seasonal use and could be removed from the property at any given time, shall comply with all provisions for swimming pools, as specified by the Caln Township Code.
(8) 
Detached garages, greenhouses and other outbuildings are permitted as residential accessory uses provided they are located in a manner to comply with the building setback lines for the zoning district in which they are located. All such accessory uses shall be erected, enlarged and/or demolished in accordance with the Caln Township Code. The maximum span of any one side of a permitted detached garage, greenhouse and other outbuilding shall not exceed 36 feet in width and 25 feet in height.
(9) 
Paved terraces, patios or open porches are permitted as a residential accessory structure, provided that such terraces, patios or open porches comply with the following: they are not completely structurally enclosed; they are not located closer than 10 feet to any lot line (except a lot line which is the projection of a common wall); and they do not project into any required front yard.
(10) 
Private noncommercial tennis courts shall not be located closer than 15 feet from any property line.
(11) 
Private freestanding satellite receiving dishes or telecommunications devices shall be mounted at ground level and shall not be located closer than 10 feet from any property lines.
(12) 
Unless otherwise specified by this Code, the height of a residential accessory structure shall not exceed 25 feet in height.
(13) 
Utility sheds on a residential lot shall not exceed a cumulative floor area of 300 square feet.
(14) 
The keeping of domestic farm animals within an accessory structure is permitted, provided that all activities are in compliance with the Code and provided that the accessory structure is located in a manner to comply with the building setback lines for the zoning district in which it is located.
(15) 
Alternative energy systems, including windmills, solar energy panels, geothermal systems or other similar systems, shall be permitted as an accessory structure, provided they are located in a manner to comply with the building setback lines for the zoning district in which it is located.
(16) 
All man-made ponds, lakes, dams and impoundments as well as all stormwater management detention or retention ponds shall be permitted, provided they are located at least 20 feet from all property lines and are permitted by the appropriate agencies.
(17) 
Fences, walls and hedges shall comply with the provisions specified by § 155-115 of this Code.
B. 
The following provisions for accessory land uses and structures shall apply to nonresidential uses within all zoning districts:
(1) 
Storage facilities are permitted, provided that such facilities are located in areas which have direct access to a street or driveway. The outdoor storage of materials shall be screened from the view of adjacent properties.
(2) 
Living quarters are permitted only for proprietors, watchmen, caretakers or similar employees.
(3) 
Restaurants, cafeterias and/or recreational facilities are permitted, provided they are intended for the use of employees only, unless they are permitted as principal uses in the district in which they are constructed.
(4) 
Unless otherwise specified within this Code, all accessory buildings and structures shall be located in a manner to comply with the building setback lines for the zoning district in which they are located.
(5) 
No permanent nonresidential accessory building or structure shall be constructed on any lot prior to the commencement of construction of the principal building to which it is accessory.
(6) 
Unless otherwise specified by this Code, the height of a nonresidential accessory structure shall be the 30 feet in height.
(7) 
Alternative energy systems, including windmills, solar energy panels, geothermal systems or other similar systems, shall be permitted as accessory structures, provided they are located in a manner to comply with the building setback lines for the zoning district in which they are located.
(8) 
All man-made ponds, lakes, dams and impoundments as well as all stormwater management detention or retention ponds shall be permitted, provided they are located at least 20 feet from all property lines and are permitted by the appropriate agencies.
(9) 
Fences, walls and hedges shall comply with the provisions specified by § 155-115 of this Code.

§ 155-108 Residential conversions.

A. 
The Zoning Hearing Board may authorize as a special exception the conversion of any single-family detached dwelling into a dwelling for not more than two families, provided that the tract or lot is located within the R-4 Zoning District.
B. 
As part of the special exception application, the applicant shall demonstrate that the residential conversion shall comply with the following provisions:
(1) 
The minimum lot area per family shall not be reduced to less than the minimum lot area that is required for a single-family dwelling in the zoning district in which the residential conversion is located.
(2) 
The minimum and maximum dimensional requirements for the appropriate zoning district shall not be reduced.
(3) 
The residential uses are serviced by public sewage disposal facilities and public water supply facilities, whereas, separate utility connections are provided meeting the approval of the Caln Township Municipal Authority.
(4) 
The residential conversion shall take place within a building capable of accommodating two families. The applicant shall demonstrate that the building has relatively little economic value or usefulness as a single-family detached dwelling.
(5) 
The building can be altered and improved to comply with all building code requirements. The applicant shall provide documentation to the Zoning Hearing Board, Zoning Officer, Code Enforcement Officer and Sewage Enforcement Officer that all plumbing, heating, electrical, sanitary sewer, storm sewer and similar facilities comply with all applicable ordinances, regulations and laws of Caln Township and/or the Commonwealth of Pennsylvania.
(6) 
Each residential unit shall contain independent washing and bathing facilities as well as a complete kitchen with cooking facilities to accommodate the tenants.
(7) 
At least four off-street parking spaces are provided which are designed to comply with the provisions of Article X of this chapter.
(8) 
There shall be no external alterations of the building, unless it is required for safety, structural durability, accessibility, architectural enhancement or as permitted by Caln Township.
C. 
If the residential conversion is permitted, the Zoning Hearing Board may prescribe such further conditions with respect to the conversion and use of such building as it deems appropriate.
D. 
All residential conversions shall be subject to an annual inspection by the Caln Township Zoning Officer, Code Enforcement Officer, Sewage Enforcement Officer and/or Municipal Authority.

§ 155-109 Home occupation regulations.

A. 
For the purposes of this Code, home occupations shall include the following two categories:
(1) 
Category 1 home occupations. A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic (whether vehicular or pedestrian), pickup, delivery or removal functions to or from the premises in excess of those normally associated with a residential use. A "Category 1 home occupation" shall be synonymous with a "no-impact home-based business," as defined by the Pennsylvania Municipalities Planning Code.
(2) 
Category 2 home occupations. A business or commercial activity administered or conducted as an accessory use which is clearly secondary to a single-family residential dwelling and which involves some customer, client or patient traffic (whether vehicular or pedestrian), pickup, meeting location, delivery or removal functions to or from the premises in excess of those normally associated with a residential use.
B. 
Category 1 home occupations shall be permitted by right in the R-1, R-2, R-3, R-4, R-5, TV-1, C-1, C-2 and I-1 Zoning Districts, subject to the following requirements:
(1) 
The home occupation shall be conducted within an approved residential dwelling unit which complies with the minimum and maximum dimensional requirements of the zoning district to which the use is located.
(2) 
The home occupation shall be conducted only within the dwelling and may not occupy more than 25% of the gross floor area of the residential dwelling unit.
(3) 
The home occupation shall include only lawful uses which shall be clearly secondary to the residential use and shall be compatible with surrounding residential uses.
(4) 
The home occupation shall employ no employees other than family members residing in the dwelling.
(5) 
There shall be no visual display or sale of retail goods.
(6) 
There shall be no stockpiling, storage or inventory of products of a substantial nature.
(7) 
There should be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
(8) 
The home occupation may not use any equipment or process which creates noise, vibration, glare, fumes, odors, electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
(9) 
The home occupation may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
C. 
Category 2 home occupations shall be permitted by right within the R-1, R-2, R-3, TV-1, C-1 and C-2 Zoning Districts, subject to the following requirements:
(1) 
The home occupation shall be conducted within an approved single-family detached dwelling unit which complies with the minimum and maximum dimensional requirements of the zoning district to which the use is located.
(2) 
The home occupation shall be conducted only within the dwelling or an approved accessory structure which may not occupy more than 25% of the gross floor area of the single-family detached residential unit or no more than 500 square feet of an accessory structure.
(3) 
The home occupation shall include only lawful uses which shall be clearly secondary to the residential use and shall be compatible with surrounding residential uses. The exterior appearance shall be maintained as a single-family detached residential use.
(4) 
The home occupation shall be limited to the family members residing within the dwelling, plus two additional persons to provide support services and assistance.
(5) 
There shall be no visual display or sale of retail goods.
(6) 
There shall be no stockpiling, storage or inventory of products of a substantial nature.
(7) 
The home occupation may not use any equipment or process which creates noise, vibration, glare, fumes, odors, electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
(8) 
No manufacturing, repairing or other mechanical work shall be performed in any open area. All such activities shall be conducted in such a manner that they are not detectable or noticeable at or beyond the property line.
(9) 
The home occupation may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
(10) 
No more than one home occupation shall be permitted per residential unit.
(11) 
An off-street parking area shall be provided to meet the following requirements: two parking spaces shall be provided for the residential use; one parking space shall be provided for each employee not residing within the dwelling; and no more than two parking spaces shall be provided for guests or patrons. The maximum number of off-street parking spaces shall be limited to six parking spaces, which shall not include any garage spaces and shall be designed to comply with the appropriate provisions of Article X of this chapter.
(12) 
A sign displaying the name and address of the home occupation may be permitted, subject to the following requirements: no more than one such sign shall be erected on the lot; the area of the sign shall not exceed two square feet in size; and the sign shall be either fixed flat on the main wall of the building or may be erected in the front yard, but not within 10 feet of the cartway.

§ 155-110 Height exceptions.

A. 
Unless otherwise specified within this Code, the building height limitations contained within this chapter shall not apply to chimneys, spires, belfries, cupolas, farm buildings, silos, greenhouse ventilators, antennas (not in combination with support towers), water tanks, solar energy collectors, windmills and other similar appurtenances which are usually required to be placed above the roof level, provided they are not intended for human occupancy.
B. 
The projection of the exempted structures specified within § 155-110A may be increased to a maximum height of 50 feet, provided that the height of the exempted structure is not greater than the distance to any property line, as measured from the exempted structure to any property line.
C. 
The height exceptions specified within this section shall be consistent with the provisions specified by state and federal aviation laws. Where conflicts should arise, the provisions of the state or federal aviation law shall be upheld.

§ 155-111 Front yard and lot width exceptions.

A. 
When an unimproved lot is situated between two improved lots with front yard dimensions less than those required for the zoning district in which the unimproved lot is located, the front yard required for the unimproved lot may be reduced to a depth equal to the average of the two adjoining lots; provided, however, that this provision shall only apply in such cases where the improved lots in question are improved as of the time of the adoption of the ordinance and the improvements are located within 100 feet of the unimproved lot. For the purpose of this section, an unimproved lot shall be the same as a vacant lot and an improved lot shall be one on which a principal building is erected.
B. 
Unless otherwise specified by this Code, all residential and nonresidential lots shall comply with the appropriate minimum lot width requirement for that use in the zoning district to which it is located, as measured at the street line, legal right-of-way line, ultimate right-of-way line (where it exists) and the building setback line. The following lot width exceptions shall be permitted:
(1) 
Where single-family residential lots are created along the bulb of a cul-de-sac street, the minimum lot width may be reduced by 25% of the required lot width at the street line, provided that the minimum lot width requirement is established at the building setback line, as measure from the street right-of-way line to a point equivalent to the front yard setback requirement, which is specified by the appropriate zoning district in which the single-family detached dwelling is located. In no case shall there be more than four single-family lots located along the bulb of a cul-de-sac street.
(2) 
Where single-family residential lots are created along a street curve with a horizontal radius exceeding 150 feet, as measured along the street center line, the minimum lot width may be reduced by 25% of the required lot width, provided that the minimum lot width requirement is established at the building setback line, as measure from the street right-of-way line to a point equivalent to the front yard setback requirement, which is specified by the appropriate zoning district in which the single-family detached dwelling is located. The side lot lines should be established at 90° angles to the street line tangents or radial to the street line curves.

§ 155-112 Flag lots or key hole lots.

A. 
Flag lots or key hole lots are permitted as single-family detached lots within the R-1, R-2 and R-3 Zoning Districts, subject to the following provisions:
(1) 
Flag lots shall only be permitted within residential developments containing 10 or fewer lots which are designed to accommodate single-family detached dwelling units.
(2) 
No more that two flag lots shall be permitted as a result of the overall subdivision and/or cumulative phases of the development. In all cases, the applicant must demonstrate that the following site conditions exist:
(a) 
The tract of land cannot be subdivided in a manner to comply with the minimum lot width and area requirements for the zoning district in which the flag lot is located.
(b) 
The tract of land represents the total contiguous land area owned by the applicant.
(c) 
The tract of land cannot be further subdivided in the future by normal or typical design.
(d) 
The tract of land cannot be properly subdivided due to the presence of certain physical or environmental development constraints associated with the site.
(e) 
The configuration of the proposed lots will not limit the potential for development on adjacent tracts of land in the future.
B. 
If the applicant demonstrates that the site conditions are amenable to the development of a flag lot, the subdivision shall be designed considering the following requirements:
(1) 
The access strip or stem of the flag lot shall be designed in accordance with the following requirements:
(a) 
The access strip or stem of the flag lot shall be owned fee simple and extended from an existing public street to the rear property line of the flag lot.
(b) 
The width of the access strip or stem shall be a minimum of 50 feet. Additional width may be required by Caln Township in order to overcome problems associated with slope, drainage and/or sedimentation.
(c) 
A ten-foot-wide buffer strip shall be provided along both sides of the access strip or stem. The buffer strip shall be sufficiently landscaped in accordance with the provisions specified under § 155-119 of this Code.
(d) 
The fifty-foot-wide access strip or stem shall be utilized as a future right-of-way to permit the construction of a public or private street. If additional lots are created and/or if additional lots utilize the access strip or stem for ingress and egress purposes, the fifty-foot-wide access strip shall be improved to comply with the design standards and specifications for a public street.
(2) 
The net lot area for each flag lot shall meet or exceed the minimum lot area for the zoning district to which the flag lot is located. The area of the access strip or stem shall not be included as part of the net lot area for the flag lot.
(3) 
The building setback line for the flag lot shall meet the minimum required setback dimensions for the zoning district in which the flag lot is located. The setback lines shall be established at the flag portion of the lot. The front yard depth or setback shall be measured from the access strip or stem (extended through the lot) and from the rear property line. All other setback requirements shall comply with the rear yard setback provisions.
(4) 
The driveway serving the flag lot shall comply with all pertinent standards and specifications for driveways, as specified by the Caln Township Code and by the Pennsylvania Department of Transportation. Unless otherwise permitted by the Caln Township Board of Commissioners, common driveways shall be prohibited as part of a flag lot design.
C. 
Unless the site conditions change as a result of improved roads and/or the reestablishment of lot frontages, flag lots may not be further subdivided or developed for any other purpose.
D. 
If the tract of land contains any residue or undeveloped land area, the applicant shall submit a sketch plan depicting how the remaining area will be developed or perpetually preserved as open space.

§ 155-113 Visibility at street intersections.

A. 
Clear sight triangles shall be provided at all street intersections. Within such triangles, nothing, except permitted street signs, traffic lights or signs, utility poles and mail boxes, which impedes vision between a height of 2 1/2 feet and 10 feet above the center line grades of the intersecting streets shall be erected, placed, planted or allowed to grow. Such triangles shall be established as follows:
(1) 
For intersections involving a minor street, the dimension of the clear sight triangle shall be established for a distance of 75 feet, as measured from the middle of the intersection or where the center lines of the intersecting streets cross.
(2) 
For intersections involving a collector street, the dimension of the clear sight triangle shall be established for a distance of 100 feet, as measured from the middle of the intersection or where the center lines of the intersecting streets cross.
(3) 
For intersections involving an arterial street, the dimension of the clear sight triangle shall be established for a distance of 150 feet, as measured from the middle of the intersection or where the center lines of the intersecting streets cross.
B. 
The functional classifications of all existing streets within Caln Township are identified within the Caln Township Comprehensive Plan, as adopted in December of 2003.
C. 
No fence, wall and/or hedge shall be erected or planted within or encroaching upon the legal or ultimate street right-of-way.

§ 155-114 Corner lot restrictions and requirements.

A. 
For all corner lots, as defined under Article II of this chapter, the minimum lot width and front yard setback requirements of the zoning district to which the corner lot is located shall be applied to each street on which the corner lot has frontage.
B. 
In cases in which a preexisting lot of record is changed or converted into a corner lot, as the result of an adjacent subdivision or land development, the front yard of the preexisting lot shall only be established along the public street to which it originally had frontage and access. All other setback requirements shall conform with the appropriate side and rear yard setback requirements for the zoning district to which the preexisting lot is located.
C. 
All corner lots shall comply with the provisions established for visibility at street intersections, as provided under § 155-113 of this Code.

§ 155-115 Fences, walls and hedges.

A. 
Fences, walls and/or hedges may be permitted within and along the periphery of any required yard provided:
(1) 
No fence, wall and/or hedge shall be erected or planted within or encroaching upon the legal or ultimate street right-of-way or floodway. No fence, wall and/or hedge shall be erected or planted within or encroaching upon a utility easement or drainage easement unless the easement agreement which creates the easement specifically allows such encroachment.
[Amended 12-17-2007 by Ord. No. 2007-15]
(2) 
No fence, wall and/or hedge shall be erected in any manner that obstructs a clear line of sight or vision from a driveway or street intersection.
(3) 
Unless otherwise specified by this Code, fences which are erected within a required front yard shall not exceed the installed height of three-rail post and rail fence (five feet) regardless of the type of fence installed, and shall maintain a minimum one to one ratio of open areas to structural members (for example, picket wrought iron fence and post and rail fence). A wall within the front yard shall not exceed four feet.
(4) 
Unless otherwise specified by this Code and with the exception of a tennis court fence, all fences and walls within the required side yard or rear yard shall not exceed a maximum height of six feet on any lot.
(5) 
Fences and walls shall be constructed so as to place structural members toward the property being enclosed by the fence, thereby presenting the best appearance towards adjacent property.
(6) 
Fences which are erected in residential zoning districts may be comprised of the following materials: wood; split rail; wrought iron; vinyl; a combination of the aforementioned materials; or other materials which, in the discretion of the Zoning Officer, are recognized as standard materials utilized for residential fencing.
(7) 
Fences which are erected in the nonresidential zoning districts or for nonresidential uses may be comprised of the following materials: wood; split rail; wrought iron; vinyl; chain link; a combination of the aforementioned materials; or other materials which, in the discretion of the Zoning Officer, are recognized as standard materials utilized for nonresidential fencing.
(8) 
Walls may be comprised of the following materials: decorative concrete block (such as E.P. Henry, Mesa, Keystone); brick; stone; concrete with a brick or stone veneer; or other materials which, in the discretion of the Zoning Officer, are recognized as suitable industry standards.
(9) 
No razor, barb wire or glass shards shall be placed upon a fence or wall in a residential zoning district.
(10) 
The use of razor or barb wire fencing shall only be utilized as part of a security fence for nonresidential uses within nonresidential districts.
(11) 
An existing fence or wall replaced in its entirety shall comply with the provisions established within this chapter of the Code.
(12) 
Ordinary and normal maintenance and/or repairs of a fence or wall in any zoning district shall not require the issuance of a permit. Otherwise, a permit shall be required for any fence installation or wall construction, as specified by this Code.
(13) 
Any fence or wall which, in the judgment of the Zoning Officer, is unsafe, dangerous or a threat to the public health, safety and/or welfare shall be removed, repaired or replaced as determined necessary by the Zoning Officer at the expense of the property owner.
(14) 
Fences or walls erected on property that is dedicated to private or public open space shall comply with the provisions established under this chapter of the Code.
B. 
The following wall and fences shall be exempt from the provisions established under § 155-115 of this chapter of the Code:
(1) 
Fences and walls used for agricultural and recreational purposes to contain livestock, provided that they do not hinder visibility or pose a threat to the public health, safety or welfare.
(2) 
Fences and walls of an historic nature which are accessory to an officially designated historic structure.
(3) 
Buried electronic fences used to control pets, provided that they do not emit radiation which would pose a threat to the public health, safety or welfare.
C. 
In situations where the property line is in doubt, the Zoning Officer may require the property owner to have a professional land surveyor determine and mark the precise limits of the property line in question.

§ 155-116 Projections into yards.

A. 
The following projections shall be permitted into required yards and shall not be considered in the determination of the lot coverage requirements:
(1) 
A lawful building erected prior to the effective date of this chapter which encroaches into the required side yard established for that district may be further extended into the rear yard, provided that the building extension is contiguous to the existing building and provided that the building extension maintains at a minimum the rear yard setback established for that zoning district.
(2) 
A porch abutting the frontage of a building, not exceeding 20 feet in height nor 16 feet in width, may be extended by not more than five feet into the front yard with unenclosed sides except for two columns which support a roof limited to the dimensions of the porch, plus an eighteen-inch projection on any side for cornices, eaves or gutters.
(3) 
A porch abutting the side of a building, not exceeding 20 feet in height nor 16 feet in width, may be extended by not more than five feet into the side yard with unenclosed sides except for two columns which support a roof limited to the dimensions of the porch, plus an eighteen-inch projection on any side for cornices, eaves or gutters. In such cases, the porch shall be located at least five feet from the property line.
(4) 
Porches, decks, terraces or patios located within the rear yard of single-family semidetached dwellings, multifamily townhouse units and multifamily apartment units may be located along the common lot line, provided that they do not project into the rear yard.
(5) 
A porch, deck, terrace or patio, which does not extend above the first floor elevation of the building, may be constructed into the required rear yard for a distance of not more than 10 feet.
[Amended 8-10-2006 by Ord. No. 2006-9]
(6) 
A carport may be erected over an existing driveway, provided that the carport is located in a manner to comply with all setback requirements for that zoning district.
(7) 
A buttress, chimney, cornice, pier or pilaster of a building may project not more than two feet into a required yard setback.
(8) 
Open balconies, steps, fire escapes, bilco door units, basement door units, bay windows, eaves, window sills and other similar architectural features or structures may project into the required yard, provided that such features shall project no more than five feet into any required yard. In all such cases, the projection shall not be located closer than five feet to a property line.
B. 
In situations where the property line is in doubt, the Zoning Officer may require the property owner to have a professional land surveyor determine and mark the precise limits of the property line in question.

§ 155-117 Development along existing public roads.

A. 
Where determined appropriate by Caln Township and/or the Pennsylvania Department of Transportation, accessibility to a public street may be restricted, limited or required by one or more of the following methods:
(1) 
Provisions of marginal access street or internal street system to provide proper frontage for the proposed lots, which shall be designed, located and constructed in accordance with the appropriate provisions established by Caln Township.
(2) 
Provisions of marginal access street or internal street system to provide rear access for the proposed reverse frontage lots, which shall be designed, located and constructed in accordance with the appropriate provisions established by Caln Township.
(3) 
The restriction of ingress and egress involving specific turning movements onto or off of a collector street or arterial street.
B. 
Private streets shall be prohibited unless they are designed, located and constructed in accordance with the provisions of a minor street, as established by Caln Township.
C. 
Where a subdivision or land development application abuts or contains an existing street of inadequate right-of-way width or cartway width, the applicant shall dedicate additional right-of-way and improve the cartway to conform with the provisions of the Code or as directed by the Planning Commission and Board of Commissioners.
D. 
Where a subdivision or land development application abuts an existing street of inadequate horizontal and/or vertical alignment, the applicant shall dedicate additional right-of-way and improve the street segment to conform with the provisions of the Code or as directed by the Planning Commission and Board of Commissioners.

§ 155-118 Common open space.

A. 
The overall intent of these provisions is to supplement and not replace the provisions identified in those zoning districts where the designation of open space is explicitly applicable and further to identify related use regulations and performance for land to be held for recreational use and/or for conservation, preservation or enhancement of natural and cultural resources. These provisions are designed to:
(1) 
Provide an effective means for identifying, organizing and maintaining open space.
(2) 
Provide for necessary active and passive recreation areas to complement existing open space and recreational uses.
(3) 
Preserve the natural and environmental resources while maintaining ecological stability by encouraging the preservation of floodplains; limiting the development of very steep slopes; protecting the quality of existing watercourses, ponds, lakes and other water bodies, including riparian buffers; encouraging the preservation of groundwater resources through the provision of open space areas for groundwater recharge; and avoiding the disruption of woodland and forest areas.
[Amended 9-29-2005 by Ord. No. 2005-12]
(4) 
Encourage the preservation of existing and potential agricultural land through the identification and use of open space lands which are suited for agricultural production, particularly prime agricultural land.
(5) 
Preserve historic and cultural resources by promoting the preservation of significant historical and cultural sites and structures as open space; protecting the character of historic and cultural sites and structures by encouraging the designation of surrounding land as open space; and by implementing the Caln Township Comprehensive Plan.
B. 
All land and water areas designated as common open space within Caln Township shall comply with the following provisions:
(1) 
All residential developments requiring common open space, as specified under Article VII of this chapter, shall comply with the appropriate provisions established under Article VII of this chapter.
(2) 
All nonresidential developments requiring common open space, as specified under Article VIII of this chapter, shall comply with the appropriate provisions established under Article VIII of this chapter.
(3) 
Where residential or nonresidential developments do not specifically require common open space, as defined under Articles VII and VIII of this chapter, the residential or nonresidential development shall be subject to the provisions established under this section of the Code as well as those other applicable provisions established by Caln Township.
(4) 
The requirements for common open space, as specified under this chapter of the Code, does not relieve any person, applicant or developer from the mandatory requirements for dedication of open space for recreation purposes or recreation impact fees in lieu of land dedication, or any combination thereof, as permitted under the provisions of the Pennsylvania Municipalities Planning Code and as adopted by Caln Township.
(5) 
All areas designated as common open space shall be subject to the review of the Caln Township Planning Commission and Caln Township Parks and Recreation Board.
C. 
The following uses shall be permitted within areas designated as common open space:
(1) 
Recreation uses, subject to the provisions of § 155-90 of this Code.
(2) 
Conservation uses or areas to preserve woodland and forest areas, lakes, ponds, streams, floodplains, wetlands and other related landscape features.
(3) 
Agricultural uses, subject to the provisions of § 155-89 of this Code.
(4) 
Municipal uses, subject to the provisions of § 155-94 of this Code.
(5) 
Culturally and/or historically significant uses, as determined appropriate by the Board of Commissioners.
(6) 
All other principal and accessory uses which are considered appropriate for a permitted residential development, as further defined and specified under the appropriate sections of Article VII of this chapter.
(7) 
All other principal and accessory uses which are considered appropriate for a permitted nonresidential development, as further defined and specified under the appropriate sections of Article VIII of this chapter.
(8) 
Utility services and stormwater management facilities which are necessary to accommodate the residential or nonresidential development.
D. 
The land and water areas designated as common open space shall comply with the following standards and specifications:
(1) 
The minimum area required or the percentage of the gross area to be set aside as common open space shall meet or exceed the requirement established by this Code.
(2) 
No more than 50% of the common open space shall be located on lands within areas that are located within the one-hundred-year floodplain, areas delineated as wetlands and/or areas with a slope of 20% or greater.
[Amended 9-29-2005 by Ord. No. 2005-12]
(3) 
No more than 50% of the common open space shall include land areas that are burdened by or are proposed to contain utilities easements and/or stormwater management facilities, as further described under Caln Township Code.
(4) 
The common open space shall be planned and located as a contiguous accessible area within the development. Existing and/or proposed roads may bisect the areas designated as common open space, provided a crosswalk at grade is safely designed to link the common open space areas. Planned linkages to other areas designated as common open space shall be considered as part of the application.
(5) 
Significant natural features shall be incorporated into the overall schematic of the design as common open space areas whenever possible.
(6) 
A system for pedestrian circulation throughout the development shall be provided by utilizing sidewalks and trails.
(7) 
The total land area designated to comply with the minimum open space requirements shall be comprised of areas not less than 50 feet in width and shall not contain less than one contiguous acre of land. In addition, there shall be at least one designated common area that is contiguous within the development containing no less than 25% of the required common open space.
E. 
The following provisions shall apply to the ownership and maintenance of the areas designated as common open space:
(1) 
For all common open spaces, satisfactory written agreements approved by the Board of Commissioners shall be executed as a declaration of easements, covenants and restrictions in perpetuity for the preservation of the common open spaces and shall be recorded with the Chester County Recorder of Deeds.
(2) 
The applicant or developer shall make arrangements, provisions and/or agreements to insure that the common open space shall continue to be adequately managed and maintained. The applicant or developer shall have the following options for ownership, management and maintenance of the common open space:
(a) 
Dedicate the land encompassing the common open space to a homeowners' association which is comprised of all the residents of the development;
(b) 
Dedicate the land encompassing the common open space to Caln Township, who shall have the option to accept or refuse the land offered for dedication; or
(c) 
Dedicate the land encompassing the common open space to a conservation organization, as determined appropriate by the Board of Commissioners.
(3) 
The selected options for the ownership, management and maintenance of the land and water areas which are designated as common open space shall be subject to the review by the Caln Township Solicitor and subject to the approval of the Board of Commissioners.
F. 
The provisions specified herein for common open space do not relieve the applicant of other requirements for open space and recreation, as specified with the Caln Township Code, with which the applicant shall comply.

§ 155-119 Landscaping.

A. 
Where zoning district or development regulations require buffer yards, screening and/or planting strips, the applicant shall prepare and submit a landscaping plan to comply with the following provisions:
(1) 
The landscaping plan shall show the following information: the location and arrangement of each buffer yard; the species, placement and size of all plant material selected; the type, placement and size of all fences to be placed in such buffer yards; and the type and density of planting which shall adequately provide the screening effect required.
(2) 
The plant materials utilized shall be selected from the approved list, which is identified under § 155-119D of this chapter.
(3) 
All plant materials shall be permanently maintained, and any plant material which does not live shall be replaced.
(4) 
Any portion of a site which is not utilized for buildings, accessory structures, loading or parking spaces, aisles, sidewalks and designated storage areas shall be planted with an all-season ground cover and shall be landscaped according to an overall plan.
(5) 
All buffer yards shall be maintained and kept clean of debris, rubbish, weeds and tall grass.
(6) 
If permitted by the Planning Commission and Board of Commissioners, natural berms may be provided as a buffer yard. The applicant shall demonstrate that the soil type, hydrology, topography and selected landscaping material are appropriate for the area in which the buffer yard is to be located. All such natural berms shall be properly graded to a maximum side slope ratio of 4:1. The natural berms shall be properly stabilized by the developer in accordance with the standards specified by Caln Township and the Chester County Conservation District.
(7) 
As part of the application phase for a subdivision plan, land development plan or conditional use, the Board of Commissioners shall have the right to modify or consider alternatives to any of the above specifications if the applicant can demonstrate that the existing conditions of the site exceeds all applicable requirements listed under § 155-119 of this chapter.
B. 
Unless otherwise specified by the provisions of this Code, a landscaping plan shall be prepared and submitted for the following subdivision and land development plan applications:
(1) 
All residential developments containing 10 or more dwelling units.
(2) 
All nonresidential developments containing more than one gross acre of land.
(3) 
Where zoning district or development regulations require buffer yards, screening and/or planting strips.
(4) 
All residential developments requiring landscaping plans, as specified under Article VII of this chapter.
(5) 
All nonresidential developments requiring landscaping plans, as specified under Article VIII of this chapter.
C. 
Where landscaping plans are required, the following provisions shall be incorporated as part of the design:
(1) 
The plant materials utilized shall be selected from the approved list specified under § 155-119D of this chapter.
(2) 
The landscaping plan shall show the type, size and arrangement of all species selected.
(3) 
Conventional residential developments containing single-family detached dwelling units and/or single-family semidetached dwelling units shall provide a minimum of two selected canopy, flowering or evergreen trees per lot. The overall development shall contain at least three selected canopy, flowering and/or evergreen trees per gross acre, which may be planted as either street trees, as part of the interior portion of the lot, as part of the buffer yard or within areas designated as open space.
(4) 
Townhouse developments shall provide a minimum of three selected canopy, flowering or evergreen trees per lot which may be planted as either street trees, as part of the buffer yard or within areas designated as open space. Apartment buildings shall provide a minimum of one selected canopy, flowering or evergreen trees per dwelling unit which may be planted as either street trees, as part of the buffer yard or within areas designated as open space.
[Amended 7-28-2011 by Ord. No. 2011-06]
(5) 
Single-family residential cluster developments and age qualified or continuing care retirement communities shall provide a minimum of three selected canopy, flowering or evergreen trees per lot, which may be planted as either street trees, as part of the buffer yard or within areas designated as open space.
(6) 
Nonresidential developments shall provide a minimum of three selected canopy, flowering and/or evergreen trees per gross acre.
(7) 
All selected trees shall be planted a minimum of 10 feet outside of the legal right-of-way of all existing and proposed streets.
(8) 
All selected plant or tree materials shall be located so as not to interfere with the installation and maintenance of sidewalks, drainage facilities and/or utilities.
(9) 
The strategic placement of trees throughout the development to serve as a buffer against the wind and sun is encouraged for energy conservation purposes.
(10) 
All plant materials shall be located so as not to create a potential traffic hazard.
(11) 
All selected trees and/or all other plant materials exceeding two feet in height above average ground elevation at maturity shall not be located within the limits of the clear sight triangle, as further defined under § 155-113 of this chapter of the Code.
(12) 
All plant and tree materials shall be permanently maintained, and any plant material which does not survive shall be replaced.
(13) 
As part of the application phase for a subdivision plan, land development plan or conditional use, the Board of Commissioners shall have the right to modify or consider alternatives to any of the above specifications if the applicant can demonstrate that the existing conditions of the site exceeds all applicable requirements listed under this section of the Code.
(14) 
For residential applications involving 50 or more residential lots, the landscaping plan shall be prepared and certified by a professional landscape architect.
(15) 
For nonresidential applications involving more than 40,000 cumulative gross floor area, the landscaping plan shall be prepared and certified by a professional landscape architect.
D. 
The following is an approved list of selected trees, hedges and/or shrubs, which may be utilized to meet the standards and specifications for buffer yards and landscaping. Species selection shall be based upon the existing physical and natural conditions of the site:
(1) 
Street trees are permitted, provided they are a minimum of three inches in caliper as measured at breast height. The following is an approved list of street trees:
(a) 
Acer rubrum - Red Maple.
(b) 
Acer saccharum - Sugar Maple.
(c) 
Crataegus crusgalli - Cockspur Hawthorne.
(d) 
Fraxinus Americana - White Ash.
(e) 
Fraxinus pennsylanica - Green Ash.
(f) 
Juniperous virginiana - Eastern Red Cedar.
(g) 
Liquidambar styraciflua - American Sweetgum.
(h) 
Nyssa silvatica - Blackgum.
(i) 
Ostrya virginiana - American Hophornbeam.
(j) 
Oxydendrum arboreaum - Sourwood, Sorrel Tree.
(k) 
Quercus alba - White Oak.
(l) 
Quercus coccinea - Scarlet Oak.
(m) 
Quercus palustris - Pin Pak.
(n) 
Sassafras albidum - Common Sassafras.
(2) 
Canopy trees are permitted, provided they are a minimum of three inches in caliper as measured at breast height. The following is an approved list of canopy trees:
(a) 
Acer ginnala - Amur maple.
(b) 
Acer rubrum - Red maple.
(c) 
Acer saccharum - Sugar maple.
(d) 
Betula alba - European white birch.
(e) 
Betula lenta - Black Birch.
(f) 
Betula nigra - River Birch.
(g) 
Carya ovata - Shagbark Hickory.
(h) 
Fagus grandifolia - American beech.
(i) 
Fagus sylvatica - European beech.
(j) 
Fraxinus americana - White ash.
(k) 
Fraxinus pennsylvania lanceolata - Gen ash.
(l) 
Ginkgo Biloba - Ginkgo (male only).
(m) 
Gleditsia triacanthos inermis - Thornless honey locust.
(n) 
Liquidambar styraciflua - Sweet gum.
(o) 
Liriodendron tulipifera - Tulip tree.
(p) 
Nyssa sylvatica - Black Gum, Sourgum.
(q) 
Ostra virginana - American Hophornbeam.
(r) 
Phellondendron amurense - Amur cork tree.
(s) 
Platanus acerifolia - London plane tree.
(t) 
Quercus alba - White Oak.
(u) 
Quercus borealis - Red Oak.
(v) 
Quercus coccinea - Scarlet Oak.
(w) 
Quercus palustris - Pin Oak.
(x) 
Quercus phellos - Willow Oak.
(y) 
Robina psuedoacaia inermis - Thornless black locust.
(z) 
Sassafras albidum - Sassafras.
(aa) 
Sophora japonica - Japanese zelkova.
(3) 
Flowering trees are permitted provided, they are a minimum of 10 feet in height. The following is an approved list of flowering trees:
(a) 
Amelanchier canadensis - shadblow serviceberry.
(b) 
Cercis cacadensis - Eastern Redbud.
(c) 
Chioanthus virgincus - Fringetree.
(d) 
Cornus florida - Flowering dogwood.
(e) 
Cornus kousa - Kousa dogwood.
(f) 
Cornus mas - Cornelian cherry.
(g) 
Crataegus Phaenopyrum - Washington hawthorn.
(h) 
Koelreuteria paniculata - Golden rain tree.
(i) 
Laburnum vossi - Goldenchain.
(j) 
Magnolia soulangeana - Saucer magnolia.
(k) 
Malus baccata - Siberian crab.
(l) 
Malus floribunda - Japanese flowering crab.
(m) 
Malus hopa - Hopa red-flowering shrub.
(n) 
Oxydendrum arboreum - Sourwood.
(o) 
Prunus calleryana - Kwanzan cherry.
(p) 
Prunus yedoensis - Yoshino cherry.
(q) 
Pyrus cultivars - Hybrid Ornamental Pear.
(r) 
Viburnum prunifolium - Blackhaw Viburnum.
(4) 
Evergreen trees are permitted provided, they are a minimum of six feet in height. The following is an approved list of evergreen trees:
(a) 
Ilex opaca - American holly.
(b) 
Juniperus virginiana - Eastern Red Cedar.
(c) 
Picea abies - Norway spruce.
(d) 
Picea omorika - Serbian spruce.
(e) 
Picea pungens - Colorado spruce.
(f) 
Pinus nigra - Austrian pine.
(g) 
Pinus strobus - Eastern white pine.
(h) 
Pinus sylvestris - Scotch pine.
(i) 
Pinus thunbergii - Japanese black pine.
(j) 
Pseudotsuga menziesli - Douglas fir.
(k) 
Tbuja occidentlis - Arborvitae.
(l) 
Tsuga caraliniana - Caralina hemlock.
(m) 
Tsuga canadensis - Canada hemlock.
(5) 
Hedges or hedgerows are permitted for buffer and screening purposes, provided they are a minimum of four feet in height. The following is an approved list:
(a) 
Crataegus crus-galli - Cockspur thorn.
(b) 
Crataegus intricata - Thicket hawthorn.
(c) 
Crataegus phaenopyrum - Washington hawthorn.
(d) 
Forsythia intermedia - Border forsythia.
(e) 
Rhamnus frazula columnaris - Tailhedge buckthorn.
(f) 
Syringa chinensis - Chinese lilac.
(g) 
Syringa vulgaris - Common lilac.
(h) 
Tbuja occidentlis - Arborvitae.
(i) 
Viburnum alatus - Viburnum.
(j) 
Viburnum sieboldii - Siebold viburnum.
(k) 
Viburnum tomentosum - Doublefile viburnum.
(6) 
Shrubs are permitted for buffer and screening purposes, provided they are a minimum of three feet in height. The following is an approved list of shrubs:
(a) 
Euonymus alatus - Winged euonymus.
(b) 
Hamamelis vernalis - Vernal witch hazel.
(c) 
Hamamelis virginiana - Common witch hazel.
(d) 
Ilex glaabra - Inkberry.
(e) 
Ilex verticillata - Winterberry.
(f) 
Juniper virginiana - Upright juniper.
(g) 
Kalmia latifolia - Mountain Laurel.
(h) 
Myrica pennsylvanica - Bayberry.
(i) 
Juniper virginiana - Upright juniper.
(j) 
Rhamnus frangula - Glossy buckthorn.
(k) 
Taxus capitata - Upright yew.
(l) 
Taxus hicksi - Hicks yew.
(m) 
Viburnum dentatum - Arrowwood viburnum.
(n) 
Viburnum lantana - Wayfaring tree viburnum.
(o) 
Viburnum trilobum - Highbrush Cranberry.
E. 
As part of the application phase for a subdivision plan, land development plan or conditional use, the Board of Commissioners may permit alternative trees, hedges and/or shrubs from those specified under § 155-119D, provided the applicant or developer provides sufficient evidence from a landscape architect to demonstrate that the alternative tree, hedge and/or shrub will be more effective to meet the standards and specifications for buffer yards and landscaping. Species selection shall be based upon the existing physical and natural conditions of the site.
F. 
Any tree, plant, shrub, flower, vine or grass species which has been classified as invasive, noxious or destructive by any local, county, state or federal agency, including the Pennsylvania Department of Agriculture, shall be specifically prohibited for use in landscaping and ground cover.
G. 
The following provisions shall be considered as a guarantee concerning the survival of all buffer yards and landscaping which are required as part of the subdivision and/or land development plan application:
(1) 
Any tree or shrub which dies within 18 months of planting shall be replaced within a three-month time period.
(2) 
Substitutions for certain species may be permitted only when approved by the Board of Commissioners.

§ 155-120 Temporary structures and uses.

A. 
A temporary permit shall be issued for the authorization of temporary structures or uses necessary during construction or other special circumstances of a discontinuing nature.
B. 
The time period of the initial permit shall be six months, which may be renewed for three-month time periods up to and not exceeding one year from the time the original temporary permit was issued.
C. 
The temporary structure(s) shall be removed completely within 30 days of the expiration of the permit without cost to Caln Township.

§ 155-121 Outdoor storage and sales.

A. 
Outdoor storage of any type shall not be permitted unless such storage conforms to the normal functions and procedures conducted on the premises. Outdoor storage of any type that is not a normal function of the property or permitted use shall be prohibited if such storage is considered as unsightly, malodorous, hazardous to the environment and potentially detrimental to the health and safety of the adjacent property owners.
B. 
The materials to be stored outdoors shall be enclosed by a fence and planting screen to conceal the storage facilities from the view of adjacent properties. The fence and planting screen shall be subject to the review and approval by the Caln Township Zoning Officer.
C. 
The location of the permitted materials to be stored outside as well as any required fence enclosure shall comply with the minimum setback provisions of the zoning district in which it is located.
D. 
The storing or parking of automobiles for sale shall not be located within any street right-of-way and shall be located at least 10 feet from all other property lines.
E. 
No materials or waste shall be deposited on site in such form or manner by which it can be transported off the site by natural causes or forces.
F. 
No exterior storage of a substance which has the potential to contaminate groundwater or surface water shall be permitted unless the owner provides and installs safeguards which are satisfactory to the Township and the Pennsylvania Department of Environmental Protection. All such protective safeguards shall be subject to the review and approval by the Caln Township Zoning Officer.
G. 
Unless otherwise specifically approved or permitted for the nonresidential use, commercial outdoor sales of merchandise shall be prohibited. Commercial outdoor sales may be permitted for those nonresidential uses whose merchandise are customarily displayed outdoors, provided the use has been designated on an approved land development plan or occupancy permit.
H. 
Seasonal or sidewalk sales may be permitted on the sidewalk or outside of the front or side of the principal building or establishment, whereas, goods are offered for sale to the public, typically at discounted price, provided that all such sales shall not exceed 60 cumulative days during a calendar year.

§ 155-122 Prohibited uses.

A. 
No building or structure may be erected, altered or used, and no lot or premises may be used for any activity which is continuously noxious, injurious or offensive by reason of dust, smoke, odor, fumes, noise, vibration, gas, effluent discharge, illumination or similar substances or conditions.
B. 
No building, structure, land, watercourse or parts thereof within Caln Township shall be used or occupied, erected, constructed, assembled, moved, enlarged, reconstructed or structurally altered unless in conformity with the provisions of this chapter.

§ 155-123 Hazardous conditions and areas.

A. 
Within Caln Township, certain land and/or water areas may be considered hazardous in terms of their condition or potential use. These hazardous areas may include mine holes; quarries; sinkholes; waterways; caves; areas of naturally occurring physical features; areas of naturally occurring minerals or chemicals; areas containing hazardous, contaminated or toxic waste; solid waste disposal areas; and/or other areas considered hazardous by the Caln Township Zoning Officer or other professional consultants appointed by Caln Township. Based upon their presence, these hazardous areas could endanger the public health, safety or welfare by presenting potential hazards to life, health or property.
B. 
Where hazardous areas have been identified by the appropriate local, county, state or federal agency, the following provisions shall apply:
(1) 
No occupied building, well or sewage disposal system shall be located within 500 feet of an identified hazardous area except as noted within this section of the Code.
(2) 
An occupied building, well or sewage disposal system may be located within 500 feet of an identified hazardous area, provided that a sufficient number of excavations, borings, soil probes and/or groundwater tests have been conducted within the area to determine that the soil, geology and/or groundwater conditions are not considered hazardous to the occupant(s). The accuracy of all test results and/or conclusions shall be certified by a qualified professional, as determined to have the appropriate qualification and credentials by Caln Township. All wells located within 500 feet of the hazardous area shall be retested every two years by a certified laboratory to determine if the water is potable. All costs incurred for the sampling and laboratory analysis shall be incurred by the property owner.
C. 
The hazardous areas shall continue to be considered as a hazardous area until the Board of Commissioners determine that the hazards have been sufficiently mitigated or adequate safeguards against such hazards have been provided as recommended, approved or permitted by the appropriate local, county, state or federal agencies.

§ 155-124 Exterior lighting.

A. 
This section sets forth minimum criteria for the installation, use and maintenance of exterior lighting, the purposes of which are to require lighting in outdoor public places where safety and security are concerns; protect drivers and pedestrians on nearby streets from glare from nonvehicular light sources that shine directly into their eyes and thereby impair safe travel; shield neighboring properties from glare resulting from excessive light sources and from nonexistent or improperly directed or shielded light sources; limit the height of light standards to preclude or lessen light pollution; and promote efficient design and operation with regard to energy conservation.
B. 
Lighting facilities shall be required for all off-street parking areas and off-street loading areas and for all driveways providing ingress and egress thereto and for all subdivisions and/or land developments for business, commercial, retail, personal service, industrial, multifamily, recreational, institutional and public uses and for all construction or reconstruction or improvement of any such use for which land development approval is not required. In the approval of any subdivision or land development plan, the Commissioners shall have the authority to require lighting to be incorporated for other uses or locations where in their reasonable discretion such lighting is warranted. In addition, the provisions of this section shall apply to signs, architectural lighting and landscape lighting.
C. 
Where required by Caln Township to demonstrate compliance with the provisions of this Code, a lighting plan shall be prepared and submitted in accordance with the following criteria:
(1) 
A lighting plan shall be submitted for review and approval for all applications and uses which require exterior lighting.
(2) 
The lighting plan shall include a schematic layout of all proposed exterior fixture locations, ISO footcandle data and a plat demonstrating intensities and uniformities within the limitations established within this section of the Code, as well as the manufacturer's description of the equipment (catalog cuts), glare control devices, lamps, mounting heights and means, proposed hours of operation of the lighting and maintenance schedule. Illumination intensities shall be plotted on a ten-foot-by-ten-foot grid.
(3) 
The applicant shall submit a visual impact photometric plan that demonstrates both light coverage and light spillage resulting from the proposed lighting plan and the provision for adequate measures to mitigate nuisance from light pollution and disabling glare, both on the use or development site and on adjacent properties.
D. 
The lighting plan shall be prepared to comply with the following design standards and illumination specifications:
(1) 
Lighting facilities located within off-street parking areas and loading areas for all uses and developments requiring exterior lighting, or in connection with signs and recreational and institutional activities, shall provide an illumination level utilizing the current recommended standards of the Illuminating Engineering Society of North America (IESNA) except as otherwise required by the provisions of this Code.
(2) 
For all applications, the Board of Commissioners may impose a more stringent lighting standard requiring less illumination as a condition of any such approval when it determines the same to be necessary to protect adjoining properties or streets from light pollution and/or glare.
(3) 
Where exterior illumination is required to comply with this Code, the most current intensities and uniformity ratios, as established in the Lighting Handbook of the Illuminating Engineering Society of North America (IESNA), shall apply.
(4) 
In no case shall illumination exceed 0.5 footcandle measured at the property lines, except at driveway entrances, provided the illumination at the cartway center line of the contiguous street shall not exceed 1.0 footcandle, unless a more stringent standard is ordered by the Board under the circumstances of each application.
(5) 
The lighting standards within off-street parking areas shall be located no more than 100 feet apart.
E. 
The following general design standards, illumination specifications, installation provisions and maintenance requirements shall apply for exterior lighting for residential and/or nonresidential uses:
(1) 
Lamp types and colors shall be in harmony within the adjacent community, any special circumstances existing on the site and with surrounding lighting facilities. Lamp types and colors shall be consistent and shall not create a mix of colors.
(2) 
Canopy lighting shall be located on the undersurface (ceiling) of the canopy and shall be limited to flush lens fixtures mounted on the canopy ceiling. Drop-lens fixtures are prohibited. In no event shall any other lighting fixtures be located on or otherwise attached to or used to light a canopy or any area of the property adjacent to the canopy. Outdoor canopies include, but are not limited to, the following applications: fuel island canopies associated with service stations and convenience stores; exterior canopies above storefronts in shopping centers and mails; exterior canopies above driveways and building entrances; pavilions; and gazebos.
(3) 
With the exception of all security lighting, all exterior lighting for any commercial, industrial, institutional and recreational use shall be reduced by 50% between the hours of 10:00 p.m. and 6:00 a.m.
(4) 
All lighting fixtures shall meet IESNA cutoff criteria. No lighting shall be permitted which shines directly into residential units or results in glare beyond an angle of 30° from a vertical plane, measured from the light source.
(5) 
Light fixtures, including mounting base, shall not exceed 25 feet in height above finished grade.
(6) 
All lighting sources shall be effectively shielded and shall be installed and/or aimed so as to shield nearby public or private streets and neighboring properties from direct-glare light radiation or light pollution which may create a safety hazard or a nuisance.
(7) 
Illuminated signs shall have an indirect lighting source or shielded source.
(8) 
Where glare control devices are considered ineffective, the use of vegetation, fences and similar screening methods shall be considered.
(9) 
Fixtures used for architectural lighting, such as facade, feature and landscape lighting, shall be directed so as to preclude light projection beyond the immediate objects which are intended to be illuminated.
(10) 
In all residential zoning districts or for all residential uses, floodlighting, spotlighting and other high-intensity lighting over 100 watts shall be located in a manner so that glare or reflection is not greater than 0.2 footcandle at the lot line of any adjacent property line. All such lighting fixtures shall be installed and/or aimed so that they do not project their output into windows of neighboring residences, adjacent uses, skyward or public street. All such lighting shall be reduced by 50% between the hours of 10:00 p.m. and 6:00 a.m. except in case of emergency use.
(11) 
With the exception of all-night operations, lighting for commercial, industrial, municipal, recreational and institutional uses shall be controlled by automatic switching devices, such as time clocks or combination motion detectors and photocells, to permit the reduction of exterior lighting by 50% between the hours of 10:00 p.m. and 6:00 a.m. in order to mitigate nuisance glare and sky lighting consequences.
(12) 
Electrical feeds to all lighting standards shall be installed underground, not overhead.
(13) 
The applicant or property owner shall install all required lighting fixtures and facilities at his expense. Light fixtures and poles shall be in accordance with a lighting plan approved by the Caln Township as part of the application for subdivision, land development conditional use, special exception and/or building permit.
(14) 
The applicant or property owner shall be responsible for all costs involved in the maintenance, upkeep and operation of all required lighting facilities.
F. 
Caln Township reserves the right to conduct a postinstallation nighttime inspection to verify compliance with the requirements of § 155-119 of the Code. If it is determined that any lighting source or installation creates a safety or personal security hazard due to insufficient illumination levels or produces unacceptable levels of nuisance glare, light pollution or skyward light, the property owner shall be so notified and required to take timely remedial action at his expense to resolve the problem. If the appropriate remedial or corrective action has not been completed within 30 days of notification, the property owner shall be issued an enforcement notice and shall be subject to the penalty provisions specified by the Caln Township Code.

§ 155-125 Swimming pools and therapeutic spas.

A. 
Private noncommercial swimming pools which are designed to contain a water depth of 24 inches or more that are utilized for the purpose of swimming and bathing shall comply with the following standards and specifications:
(1) 
The pool shall not occupy more than 50% of the side yard area or rear yard area in which it is located.
(2) 
The pool, filters, pumps and other mechanical or structural equipment shall only be permitted within the side yard or rear yard of a lot and shall have a minimum setback of 15 feet from all property lines.
(3) 
Any floodlighting or other illumination used in conjunction with the pool shall be shielded and directed away from adjacent property owners.
(4) 
The pool shall be completely enclosed by a permitted fence, barrier or wall in accordance with the Caln Township Code.
(5) 
The pool shall be used or intended to be used in connection with a single-family residence and available only to the family of the householder and their private guests.
B. 
Public, community or commercial swimming pools which are designed to contain a water depth of 24 inches or more shall comply with the provisions of § 155-90 (Recreational uses) of this chapter of the Code.
C. 
Therapeutic spas or hot tubs which are designed to contain a water depth of 24 inches or more shall comply with the following shall comply with the following standards and specifications:
(1) 
The therapeutic spa or hot tub, including the filters, pumps and other mechanical or structural equipment, shall only be permitted within the side yard or rear yard of a lot and shall have a minimum setback of 15 feet from all property lines.
(2) 
Any floodlighting or other illumination used in conjunction with the pool shall be shielded and directed away from adjacent property owners.
(3) 
The therapeutic spa or hot tub shall be completely enclosed by a cover in accordance with the manufacturers specifications and the Caln Township Code.
(4) 
The therapeutic spa or hot tub shall be used in connection with a permitted residential use and shall be available only to the family of the householder and their private guests.
D. 
In addition to these provisions, the requirements for permits, construction, plumbing, sanitation, inspection, operation and maintenance, which are further defined and outlined within the Caln Township building codes, shall apply.

§ 155-126 Solar photovoltaic systems as accessory uses.

[Amended 9-12-2013 by Ord. No. 2013-06]
A. 
Purpose. The regulations in this section are intended to accomplish the following objectives:
(1) 
Promote the safe, effective and efficient use of solar energy systems that reduce on-site consumption of utility-supplied energy.
(2) 
Provide property owners and business owners with flexibility in satisfying their on-site energy needs.
(3) 
Reduce overall energy demands within the Township and promote energy efficiency.
B. 
Applicability.
(1) 
This section applies to building-mounted and ground-mounted solar photovoltaic systems which are installed and constructed after the effective date of this section.
(2) 
Building-mounted or ground-mounted solar photovoltaic systems that were constructed prior to the effective date of this section and which were lawful when constructed are not required to meet the requirements of this section.
(3) 
Any upgrade, modification or structural change that materially alters the size or placement of an existing solar photovoltaic system shall comply with the provisions of this section.
C. 
Building-mounted systems shall be permitted in all zoning districts in the Township as an accessory use to any lawfully permitted principal use on the same lot subject to compliance with all requirements of this section. Ground-mounted systems shall be permitted in the R-1, R-2, C-1, C-2, TV-1 and I-1 Districts as an accessory use to any lawfully permitted principal use on the same lot subject to compliance with all requirements of this section.
D. 
Building-integrated systems are not considered an accessory use and are not subject to the requirements of this section.
E. 
Building-mounted systems.
(1) 
Building-mounted systems shall be permitted to face any rear, side and front yard or any unregulated yard area as defined in § 155-12. Building-mounted systems may only be mounted on lawfully permitted principal or accessory structures.
(2) 
For a building-mounted system installed on a sloped roof that faces the front yard of a lot, the system must be installed at the same angle as the roof on which it is installed with a maximum distance, measured perpendicular to the roof, of 18 inches between the roof and the highest edge or surface of the system.
(3) 
For a building-mounted system installed on a sloped roof, the highest point of the system shall not exceed the highest point of the roof to which it is attached.
(4) 
Building-mounted systems on a sloped roof shall not be required to be screened.
(5) 
Building-mounted systems mounted on a flat roof shall not be installed more than four feet above the height of the roof.
(6) 
If a building-mounted system is to be installed on any building or structure that is nonconforming because its height violates the height restrictions of the zoning district in which it is located, the building-mounted system shall be permitted so long as the building-mounted system does not extend above the peak or highest point of the roof to which it is mounted and so long as it complies with the provisions of this section.
F. 
Ground-mounted systems.
(1) 
Ground-mounted systems shall be permitted as an accessory use in the R-1, R-2, C-1, C-2, TV-1 and I-1 Districts. Notwithstanding the provisions in § 155-107A(1), ground-mounted systems shall not be located in the front yard.
(2) 
Notwithstanding the provisions in § 155-107A(1), ground-mounted systems shall comply with the building setback lines for the zoning district where they are located. No part of the ground-mounted system shall extend into the required setbacks due to a tracking system or other solar PV related equipment.
(3) 
Ground-mounted systems may not exceed a height of 15 feet.
(4) 
The surface area of any ground-mounted system, regardless of the mounted angle of any portion of the system, shall be considered impervious surface and shall be included in the calculation for maximum lot coverage. If the ground-mounted system is mounted above an existing impervious surface, it shall not be included in the calculation for maximum lot coverage.
(5) 
All exterior electrical lines must be buried below the surface of the ground where possible or be placed in conduit.
(6) 
Ground-mounted systems shall be screened from view from adjacent street(s) upon which the property has frontage and from adjacent properties. Such screening shall screen the supporting infrastructure for the panels and control equipment; the screening shall not be required to screen the solar panels as reception of sunlight is essential for proper operation thereof.
(7) 
The solar photovoltaic system must be constructed to comply with the Pennsylvania Uniform Construction Code (UCC) Act 45 of 1999, as amended, and any applicable regulations to such Act.
(8) 
The design and installation of solar energy systems shall conform to all applicable industry standards, including those of ANSI, Underwriters Laboratories (UL) International Standards Organization (ISO) and ASTM, as applicable, and shall conform to all applicable fire and safety codes. The applicant shall submit manufacturer's specifications as part of the zoning permit application.
(9) 
All wiring for the solar photovoltaic system must comply with the most recent edition of the National Electrical Code, as amended and adopted by the Commonwealth of Pennsylvania.
(10) 
The solar photovoltaic system shall comply with the most recent edition of the Fire Code as amended and adopted by the Commonwealth of Pennsylvania.
(11) 
No signage or graphic content may be displayed on the solar photovoltaic system except the manufacturer's badge, safety information and equipment specification information. Said information shall be depicted within an area no more than 36 square inches.
(12) 
Before construction or installation on any solar photovoltaic system shall commence, the property owner must obtain a zoning permit.
(13) 
The applicant shall demonstrate that the solar photovoltaic system shall be designed and located in order to prevent reflective glare from reaching adjacent properties or streets.

§ 155-127 (Reserved) [1]

[1]
Editor's Note: Former § 155-127, Filling, excavating and grading, was repealed 12-19-2013 by Ord. No. 2013-11.

§ 155-128 Blasting and detonation requirements.

A. 
All general blasting and/or detonation operations shall conform with the regulations enforced by the applicable agencies of the Commonwealth of Pennsylvania and the federal government.
B. 
Blasting and/or detonation operations for any purposes shall comply with all local, state and federal laws.[1]
[1]
Editor's Note: Former Subsection C, regarding the conducting of operations by a qualified licensed contractor, which immediately followed this subsection, was repealed 12-19-2013 by Ord. No. 2013-11.

§ 155-129 Airport hazard area.

[Added 9-12-2013 by Ord. No. 2013-06]
A. 
Purpose. This section is enacted pursuant to the authority in Act 1984-164, known as "Pennsylvania's Airport Hazard Zoning Law,"[1] in order to avoid airport hazards which would reduce the size of the area available for landing, takeoff and maneuvering of aircraft and to restrict the height of structures and objects of natural growth on certain properties which are identified as being in the Transitional Surface Area on the Chester County Airport Surface Area Map which is attached to this section as Exhibit A[2] and which shall be incorporated as part of the appendix of this chapter.
[1]
Editor's Note: See 74 Pa.C.S.A. § 5915 et seq.
[2]
Editor's Note: Said exhibit is included as an attachment to this chapter.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
AIRPORT
Chester County Airport.
AIRPORT HAZARD
Any structure or object, natural or man-made, or use of land which obstructs the airspace required for flight or aircraft and landing or taking off at an airport or is otherwise hazardous as defined in 14 CFR 77 and 74 Pa.C.S.A. § 5102.
AIRPORT HAZARD AREA
Any area of land or water upon which an airport hazard might be established if not prevented as provided for in this section and Act 1984-164.
TRANSITIONAL SURFACE ZONE
An imaginary surface that extends outward and upward from the edge of the primary surface to the horizontal surface at a slope of seven feet horizontally to one foot vertically (7:1). The Transitional Surface Zone is depicted on the Chester County Airport Surface Map which is attached hereto and shall be found in the appendix to this chapter.
C. 
Permit applications. Any person who plans to erect a new structure, to add to an existing structure or to erect or maintain any object in the Transitional Surface Zone which would be 200 feet or greater in height shall first notify the Pennsylvania Department of Transportation's Bureau of Aviation by submitting PennDOT Form AV-57 to obtain an obstruction review of the proposal at least 30 days prior to commencement thereof. The Department's BOA response must be included with a building permit application. If the Department's BOA returns a determination of no penetration of air space, the building permit shall be considered to be in compliance with this section of the chapter and may be issued. If the Department's BOA returns a determination of a penetration of air space, the Building Official shall deny the building permit until the necessary approval is granted by the BOA.
D. 
Notwithstanding any other provisions of this section, no use shall be made of land or water within the Transitional Surface Zone in such a manner as to create electrical interference with navigational signals or radio communications between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, impair visibility in the vicinity of the airport, create bird strike hazards or otherwise endanger or interfere with the landing, takeoff or maneuvering of aircraft utilizing the airport.

§ 155-130 Keeping of chickens as domestic pets.

[Added 12-3-2015 by Ord. No. 2015-06]
A. 
Purpose. The purpose of this section is to provide standards for the keeping of female chickens as domestic pets and for the production of a small quantity of eggs for the owner as an accessory use to a single family dwelling in certain zoning districts. It is intended to enable residents of single-family dwellings in certain zoning districts to keep a small number of female chickens on a noncommercial basis while limiting the potential adverse impacts on the surrounding properties.
B. 
Standards for keeping chickens.
(1) 
The maximum number of hens which shall be allowed on lots with single-family dwellings in the R-1, R-2, and R-3 Districts shall be determined based on the lot size as set forth below:
Minimum Lot Size
Maximum Number of Hens
Up to 1/2 acre
2
1/2 acre to 1 acre
4
 
Greater than 1 acre
6
(2) 
Roosters are prohibited.
(3) 
The slaughtering of hens outdoors is prohibited.
(4) 
All hens must be maintained in a structure with walls on all sides and a roof or overhead covering. Such structure may not exceed 500 square feet in area and may only be located in the rear or side yard. The shelter must provide a minimum of four square feet per hen, meet all applicable setback requirements in this chapter and be a minimum of 25 feet from all dwellings and 10 feet from all property lines.
(5) 
It shall be unlawful for the owner of hens to allow the same to run at large upon any public land, including, but not limited to, sidewalks, streets, roads, alleys, parks, or upon another person's private property.
(6) 
All owners of hens must maintain sanitary living conditions for the hens so that the keeping of hens does not become a public or private nuisance. Owners shall not allow feces from the hens to accumulate on the owner's land such that it becomes a nuisance caused by odors. The feces must be regularly removed by double bagging and placing the bagged feces in trash for collection.
(7) 
All feed which is stored on the property must be kept in rodent-proof, closed containers.
(8) 
If the hens are permitted to roam in an area on the owner's private property, such area shall be limited to the side or rear yard and must be enclosed by a fence and screened from view from the public streets and adjacent properties.
C. 
Permits. An owner wishing to keep hens on their property must first obtain a permit from the Zoning Officer. An applicant seeking to obtain a permit to maintain hens must submit an application on forms provided by the Township and pay the applicable permit fee as determined by resolution of the Board of Commissioners. If the applicant resides within a homeowners' association, a letter from the homeowners' association approving the keeping of chickens must accompany the application.
D. 
Denial, suspension or revocation of permit. The Zoning Officer shall deny a permit if the applicant has not demonstrated compliance with all of the provisions of this section. A permit to keep chickens may be suspended or revoked by the Township where the Township finds that the keeping of the chickens creates a public nuisance or for any violation of, or failure to comply with, any of the provisions of this section or with the provisions of any other applicable ordinance or law.

§ 155-131 (Reserved)

§ 155-132 (Reserved)

§ 155-133 (Reserved)

§ 155-134 (Reserved)

§ 155-135 (Reserved)