[Amended 6-30-1977 by Ord. No. 34-1977; 4-12-1983 by Ord. No. 52-1983; 12-13-1983 by Ord. No.
66-1983; 3-21-1988 by Ord. No. 97-1988]
No yard or other space provided about any building
or structure for the purpose of complying with this chapter shall
be considered as a yard or other open space for another building or
structure.
The following shall apply to all districts:
A.
An arbor, open trellis, flagpole, unroofed steps or
an unroofed terrace or recreational or drying yard shall be permitted
with no restriction.
The following shall apply to all zoning districts.
On a corner lot or at a point of entry on a public road, nothing shall
be erected, placed or allowed to grow in a manner which obscures vision:
Where the display and sale of farm products
are permitted, it shall be provided that:
A.
At least 50% of such products shall have been produced
on the property on which they are offered for sale.
B.
Parking space for at least three cars shall be provided
on the lot. Where the sales area exceeds 600 square feet, one additional
parking space shall be provided for each additional 200 square feet
of space area or portion thereof. In any case, there shall be sufficient
parking places for the use intended. Parking areas shall be so arranged
to give safe and convenient access to the highway.
C.
Sale of farm products shall be conducted from a portable
stand dismantled at the end of the growing season, or from a permanent
building, provided that such stand or building shall be located at
least 50 feet from all property lines, including the right-of-way
line of the road.
[Amended 6-12-2018 by Ord. No. 01-2018]
A.
Purpose. The intent of this section is to establish reasonable regulations
governing the keeping of animals in order to protect human and animal
health, prevent unsightly and erosion-prone land use conditions, prevent
the contamination of groundwater and surface water and reduce the
safety hazards of straying animals. Nothing in this section shall
be construed or enforced in such a way as to conflict with Pennsylvania's
Right to Farm Act (RTFA), 3 P.S. § 951 et seq., the Agricultural
Area Security Law (AASL), 3 P. S. § 901 et seq., the Agriculture
Communities and Rural Environment (ACRE) Law, 3 P.S.§ 311
et seq., or other state law or statute which prohibits inconsistent
regulation by a local municipality.
B.
Use regulations. In any district, animals shall be kept only according
to the following standards:
(1)
General standards for keeping of all animals.
(a)
Exotic wildlife shall not be permitted in any zoning district
unless authorized by the Exotic Wildlife Possession Permits section
of the Game and Wildlife Code, Act 93 of 1986,[1] or amendments thereto. In the event of such authorization,
the permit holder shall comply with all requirements of the Pennsylvania
Game Commission. The permit holder shall produce the permit upon request
of the Township.
[1]
Editor's Note: See Pa.C.S.A. § 101 et seq.
(b)
In the event a homeowners' association document, real property
covenant or restriction, or other similar document is in place and
applicable to a property, whichever contains the most restrictive
standard, be it this section or the document, shall prevail.
(2)
Standards for keeping of animals in the course of normal farming
operations.
(a)
Buildings for livestock shall be designed for ease of manure
removal and handling. Manure storage shall be designed, constructed,
maintained and operated in accordance with the applicable laws and
regulations. Permits shall be secured from all governmental agencies
having jurisdiction over this activity.
(b)
Setback requirements for the zoning district shall be complied
with for all structures.
(c)
A fenced or otherwise enclosed outside area shall be provided
which is capable of containing the livestock and is of sufficient
size and properly located for good sanitation practices. Materials
used for fencing shall be of sufficient sturdiness and properly designed,
installed and maintained so as to prevent straying.
(d)
The owner shall provide proof of a written manure management
plan or certified nutrient management plan, as applicable, that identifies
any animal concentration areas and best management practices as required
by the Department of Environmental Protection ("DEP") and DEP's Manure
Management Manual, or successor publication.
(e)
The owner shall provide proof of a written agricultural erosion
and sediment control plan to the Township, if such a plan is required
by DEP.
(f)
The owner shall provide proof of a written odor management plan
to the Township, if such a plan is required by DEP.
(g)
The owner shall comply with applicable federal, state and county
laws and regulations regarding animal density.
(3)
Standards for keeping of pet animals and other animals, including
livestock, which are not part of normal farming operations.
(a)
Buildings for shelter shall be provided for all animals housed
outside. Livestock shall have loafing sheds, covered feeding areas
or other appropriate facilities.
(b)
All buildings on the property for animals shall be designed
to serve only the number of animals permitted on the property.
(c)
All buildings shall be designed for ease of manure removal and
handling.
(d)
No more than one dog may be left outside the home or a soundproof
canine building at night.
(e)
Unless otherwise specified in this section, setback requirements
for the zoning district shall be complied with for all structures.
[1]
In zoning districts where the setback requirement is less than
100 feet from the property line, buildings for more than two or more
livestock animals, excluding fowl, shall be located at least 100 feet
from any property line.
[2]
Buildings for fowl shall be located at least 25 feet from any
property line.
(f)
A fenced or otherwise enclosed outside area shall be provided
which is capable of containing the animals and is of sufficient size
and properly located for good sanitation practices. Materials used
for fencing shall be of sufficient sturdiness and properly designed,
installed and maintained so as to prevent straying.
(g)
Manure storage shall be set back a minimum of 100 feet from
the property line. No uncovered manure storage shall be permitted
100 feet uphill of any stream. No manure may be stored within a swale,
drainageway or storm water management feature. Manure storage shall
be designed, constructed, maintained and operated in accordance with
the applicable laws and regulations. Permits shall be secured from
all governmental agencies having jurisdiction over this activity.
(h)
Muddy or dusty ungrassed pasturage areas shall be stabilized
to prevent erosion.
(i)
The following are limitations on adult animals:
[2]
Adult animals already living on a property as of June 12, 2018,
that are in excess of the number permitted by this section may be
kept by the owner for the adult animal's lifetime, provided that the
general standards of this chapter are met. After the animal's death,
the owner shall not replace the animal and shall come into compliance
with this section. If the general standards are violated, the property
owner will have a maximum of one year from the time of citation in
which to eliminate the violation(s) or dispose of the animals.
[3]
Animal Density Table.
|
Type of Animal
|
Minimum Acreage Required
|
Ratio (Animal Unit: Acre)
|
Maximum Number of Animals
|
|---|---|---|---|
|
Fowl
|
1 Acre
|
1 animal: 1/6 fenced acre
|
30
|
|
Small livestock, such as goat and sheep
|
2 Acres
|
1 animal: 1/2 fenced acre
|
N/A
|
|
Large livestock, such as horses, cows and pigs
|
5 Acres
|
1 animal: 1 fenced acre
|
N/A
|
|
Pet animals
|
N/A
|
N/A
|
5
|
A.
Purpose. The purpose of this section of the East Bradford Township Zoning Ordinance is to further the overall purposes of the Zoning Ordinance as set out in § 115-2 hereof and, also, to provide for the protection and preservation of natural resources and agricultural land and activities and to protect and promote the health, cleanliness, comfort and safety of the citizens of the Township of East Bradford.
B.
Authorization. This section of the East Bradford Township
Zoning Ordinance is enacted pursuant to the authority granted to the
Township by the Legislature of the Commonwealth of Pennsylvania in
the following duly enacted statutes:
(1)
The sections of the Second Class Township Code authorizing
the Township to enact ordinances dealing with the protection of the
health of Township residents, refuse materials, nuisances and public
safety, codified in Volume 53 of Purdon's Consolidated Statutes of
the Commonwealth of Pennsylvania in §§ 66526, 67107,
66529 and 66527, as amended.
(2)
The applicable provisions of the Pennsylvania Municipalities
Planning Code dealing with zoning ordinances codified in Volume 53
of Purdon's Consolidated Statutes of the Commonwealth of Pennsylvania
in §§ 10601 and 10603, as amended.
(3)
The applicable provisions of the Pennsylvania Solid
Waste Management Act, codified in Volume 35 Purdon's Consolidated
Statutes of the Commonwealth of Pennsylvania in § 6010,
as amended.[1]
[1]
Editor's Note: Section 6010 and the rest of
the Solid Waste Management Act of 1968 was repealed by Section 1001
of Act 1980, July 7, P.L. 380, No. 97. For current provisions, see
35 P.S. § 6018.101.
C.
Conditional use. Agricultural utilization or other
land application of sludge is permitted only as a conditional use
in the R-1 Zoning District within the Township, subject to the provisions
of this chapter.
D.
Applications. A person wishing to utilize sludge on property in the Township shall present an application for a conditional use, pursuant to the procedures specified in § 115-77 of this chapter, which shall contain the following:
(1)
A narrative describing the proposed sludge utilization
program, including the source of the sludge, the proposed utilization
rate per acre and the total amount to be applied during the utilization
period.
(2)
A topographical drawing, prepared by a registered
engineer, to a scale no greater than one inch equals 200 feet, showing:
(a)
The location of the site relative to public
roads.
(b)
The identity of owners of adjacent properties.
(c)
Boundaries of the area to be used for sludge
utilization.
(d)
The location of public and private water supplies,
wells, springs, streams, swamps or other bodies of water within 1/4
of one mile of the boundaries of the proposed sludge utilization site.
(3)
A soils, geologic and groundwater report of the characteristics
of the proposed sludge utilization site. The report shall be based
on a soils, geology and hydrology investigation and on a published
standard soil survey or equivalent data and shall encompass and include
the following criteria:
(a)
Excavations and borings or wells shall be made
to determine the valid and conclusive soil, geology and groundwater
conditions, including a minimum of three borings or wells which shall
be drilled 10 feet into the groundwater or to bedrock, to delineate
groundwater flow system(s). A minimum of one groundwater quality monitoring
point shall be established in each dominant direction of groundwater
movement, and one monitoring point upgradient of the site. The location
of all monitoring points shall be approved by the Township Engineer
in advance of drilling, but in no event shall any monitoring point
be located more than 500 feet from the nearest boundary of the proposed
sludge utilization site. Monitoring points shall be accessible to
the applicant and to the Township and its Engineer. Chemical analyses
and hydrologic data shall be submitted quarterly to the Township Engineer
on a form provided to the applicant by the Township, which shall contain
all data required from time to time by the Township. Each monitoring
point shall be purged prior to obtaining each sample for analysis.
(b)
Detailed soil descriptions based on soil borings
obtained through the well-drilling procedures.
(4)
A chemical analysis of the sludge, which shall include,
but not be limited to, the ranges of the following: moisture content,
percent total nitrogen (moist and dried), percent ammonium (NH4-N) (moist and dried), percent organic nitrogen (moist
and dried), BOD, pH, and the following reported on a dry-weight basis:
cyanide, sodium, cadmium, zinc, copper, nickel, lead, chromium, mercury
and molybdenum and other toxic substances and enteric pathogens. Chemical
analyses are required according to the following schedule:
(5)
A statement from the Pennsylvania Department of Environmental
Protection or its successor indicating the general feasibility of
the site for utilization of sludge.
(6)
Identity of the owner of the site and an explanation
of the relationship of the applicant to the owner and a notarized
statement of the property owner that sludge utilization is permitted
on the property.
(7)
An estimate of the expected useful life of the site
for utilization of sludge.
(8)
An estimate of the number of vehicles weighing over
20,000 pounds, loaded, which are expected to visit the site.
(9)
A statement of the applicant's prior experience, if
any, with utilization of sludge.
E.
Requirements and standards applicable to utilization of sludge. Prior to approving a site for utilization of sludge, the Board of Supervisors and the Planning Commission, acting in conformity with §§ 115-115 through 115-119 of this chapter, shall require that:
(1)
Any application for utilization of sludge shall be
in compliance with the requirements of the Pennsylvania Department
of Environmental Protection and that, prior to the onset of site utilization,
a permit shall be obtained from the Pennsylvania Department of Environmental
Protection for said operations.
(2)
Any such site shall be so located that safe and adequate
access is available over public roads at all times. The Board of Supervisors
may require that any Township road providing access to the proposed
site be a minimum of 24 feet in width and paved with surface and base
course of sufficient depth to withstand traffic loads to be determined
by the number and weight of trucks anticipated in the operation of
the proposed site. The Board of Supervisors may further require that
the cost of improvement of any Township road to provide this standard
of access may be charged against the applicant, either by requiring
contribution of moneys sufficient to pay for the improvement of the
road or by charging truck usage fees on the operation of the site
sufficient to pay for the improvement and maintenance of access roads.
(3)
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.
(4)
The applicant maintain records of quantities, dates
and locations of sludge application and furnish copies of such records
to the Township upon request.
F.
Storage. In no event and under no circumstances shall
any person be permitted to store or otherwise retain or keep sludge
on any property within the Township for any purpose for any period
of time, except that a person who has obtained approval for a conditional
use to utilize sludge may retain or store on the site for which the
conditional use approval has been granted a quantity of sludge equivalent
to one day's usage, provided that, at the expiration of 24 hours after
the commencement of the storage period, said sludge must either be
applied or removed from the property.
G.
Minimum acreage. No site shall be approved for sludge
utilization which contains less than 10 contiguous acres. In computing
site sizes, properties divided by public roads shall not be deemed
contiguous.
H.
Performance bond. In order to assure the Township
that the various tests and duties imposed upon an applicant by this
chapter 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 a corporate bond or
the deposit of funds or securities in escrow sufficient to cover the
costs, as estimated by the Township Engineer, of performing the various
tests and duties imposed upon him by the chapter over the expected
useful life of the site, plus five years. The bond shall be furnished
under such conditions and form and with surety as shall be approved
by the Board of Supervisors to guarantee and secure that all such
tests and duties are fully and adequately performed and are paid for
by the applicant and that the Township shall in no event be held liable
for the cost of any such duties or tests. In lieu of a bond, the applicant
may deposit cash or securities with the Township or a bank or trust
company to guarantee and secure the same requirements as set forth
above. In the event that such cash or securities are deposited, said
deposit must be made pursuant to an escrow agreement prepared or approved
by the Township Solicitor and the Board of Supervisors. The escrow
agent for the deposit of such cash or security shall be located in
Chester County and shall be subject to approval by the Board.
I.
Indemnification. In addition to the foregoing requirements,
all applicants to utilize sludge upon property within the Township
of East Bradford shall, prior to the utilization of any sludge, deliver
to the Township Board of Supervisors a liability indemnification on
a form to be prepared by or approved by the Township Solicitor and
secured by a policy of insurance from a reputable insurance company,
pursuant to the terms of which indemnification agreement the applicant
specifically agrees to fully indemnify and hold harmless the Township
of East Bradford 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.
[Amended 8-14-1990 by Ord. No. 120-1990; 6-9-1992 by Ord. No. 135-1992; 1-10-1995 by Ord. No. 158-1995; 5-13-1997 by Ord. No. 1-1997; 11-8-2005 by Ord. No. 9-2005]
A conditional use is a use permitted by the
Board of Supervisors pursuant to the provisions of this chapter. Where
this chapter has provided for conditional uses to be granted or denied
by the Board of Supervisors, the procedures outlined in this section
shall be adhered to; and the Board shall give consideration to such
conditional uses in accordance with the criteria set forth herein
and in other specifically applicable sections of this chapter. The
provisions in this chapter are intended to limit plan revisions during
the conditional use process. The applicant has ample opportunities
to obtain input from the staff, Planning Commission and other advisory
boards and commissions during the sketch plan stage.
A.
The applicant is strongly encouraged to submit a sketch plan prepared in accordance with § 95-12 of the Code. By submitting a sketch plan, the applicant will benefit from input from the staff, Planning Commission and other advisory boards and commissions before presenting the conditional use plan to the Planning Commission and Board of Supervisors.
B.
Applications for conditional uses. An application for a conditional use shall be made to the Board of Supervisors, in writing, on a form furnished by the Township, and shall be accompanied by a plan prepared in accordance with § 115-77F of the Code. In addition, the applicant shall complete and execute a cash escrow agreement on a form supplied by the Township. The cash escrow agreement shall be initially funded in an amount estimated by the Township to be sufficient to cover all Township costs, fees and charges to be incurred by it as a result of the application. The applicant shall also pay the filing fee as set forth in a resolution of the Board of Supervisors. Twenty copies of the application and all supporting documents shall be submitted. Additional copies may be required.
[Amended 9-9-2008 by Ord. No. 2-2008]
C.
Procedure.
[Amended 12-13-2006 by Ord. No. 8-2006; 2-12-2019 by Ord. No. 01-2019; 5-19-2019 by Ord. No.
02-2019]
(1)
Upon receipt of a complete application for a conditional use, the
Board of Supervisors shall promptly send copies of the application
and all supporting materials to the East Bradford Township Planning
Commission and any other advisory boards/commissions, the Chester
County Planning Commission, the Township Engineer and other consultants,
as required.
(2)
Upon receipt of the application, the Board of Supervisors shall schedule,
advertise and hold a public hearing at which the application shall
be considered. The hearing shall be held within 60 days of the date
upon which the application was submitted to the Board of Supervisors.
(3)
The Township advisory boards/commissions, the Chester County Planning
Commission, the Township Engineer and other consultants shall promptly
submit their review comments to the East Bradford Township Planning
Commission.
(4)
The Planning Commission shall promptly review and consider the application
and all supporting materials and shall make recommendations thereon.
(5)
All owners of land within 500 feet of the property and all persons registered with the Township to receive notice under § 115-119.1A shall be notified by the applicant of the conditional use application pursuant to the criteria set forth in § 115-119.1. The applicant shall show proof at the conditional use hearing that all property owners were notified.
(6)
A stenographic record of the hearing proceedings shall be made by
a court reporter. The appearance fee for the court reporter shall
be shared equally by the applicant and the Board. Any party requesting
the original transcript or a copy of the transcript shall bear the
cost of the same.
D.
Determination by the Board of Supervisors.
(1)
The Board of Supervisors shall, within 45 days of
the date of such hearing, render a final decision and shall, by official
written communication to the applicant, either:
(2)
Each decision shall be accompanied by findings of
fact and conclusions based thereon, together with any reasons therefor.
Conclusions based upon any provisions of the Pennsylvania Municipalities
Planning Code (MPC) or of any ordinance, rule or regulation of the
Township shall contain a reference to the provision relied on and
the reasons why the conclusion is deemed appropriate in light of the
facts found.
(3)
When the Board of Supervisors fails to render the
decision within the period required by this subsection or fails to
hold the required hearing within 60 days from the date of the applicant's
request for a hearing, the decision shall be deemed to have been rendered
in favor of the applicant unless the applicant has agreed, in writing
or on the record, to an extension of time. When a decision has been
rendered in favor of the applicant because of the failure of the Board
of Supervisors to meet or render a decision as hereinabove provided,
the Board of Supervisors shall give public notice of the decision
within 10 days from the last day it could have met to render a decision
in the same manner as required by the public notice requirements of
the MPC. If the Board of Supervisors shall fail to provide such notice,
the applicant may do so.
(4)
Nothing in this subsection shall prejudice the right
of any party opposing the application to appeal the decision to the
Court of Common Pleas of Chester County.
(5)
A copy of the decision shall be delivered to the applicant
personally or mailed to the applicant no later than the day following
the date of the decision.
E.
General standards. In considering any application
for conditional use permitted by this chapter, the Board shall, in
addition to applying the express standards and criteria set forth
in this chapter:
(1)
Assure itself that the proposed use is consistent
with the spirit, purpose and intent of the Zoning Ordinance.
(2)
Determine that the proposed use will not substantially
injure or detract from the use of the neighborhood property or from
the character of the neighborhood and that the use of the property
adjacent to the area included in the proposed change or plan is adequately
safeguarded.
(3)
Determine that the proposed use will serve the best
interests of the Township, the convenience of the community, where
applicable, and the public welfare.
(4)
Consider the effect of the proposed use upon the logical,
efficient and economical extension of public service and facilities
such as public water, sewers, police and fire protection and public
schools and assure adequate arrangements for sanitation in specific
instances.
(5)
Be guided in its study, review and recommendation
by sound standards of land development practice where applicable.
(6)
Guide the development of state and county highway
frontage insofar as possible so as to limit the total number of access
points and encourage the frontage of buildings on parallel marginal
roads or on roads perpendicular to the highway.
(7)
In approving a conditional use application, where
such use is authorized under this chapter, the Board of Supervisors
may, in its sole discretion, attach such conditions to its approval
as it deems necessary to further the purposes of this chapter. Such
conditions may include, but need not be limited to:
(a)
Specific modifications to area and bulk requirements
as might otherwise be applicable;
(b)
Provisions for additional utility or traffic
safety facilities;
(c)
Additional easements on properties to assure
proper site design;
(d)
Modifications to the applicable design standards;
(e)
Provisions requiring harmonious design of buildings,
plantings and maintenance of sight and sound screens; or
(f)
Provisions minimizing obnoxious, offensive or
hazardous elements or odors.
(8)
Weigh each case on its own merits, separately, based
upon pertinent information presented or known to the Board and without
regard to any previous case.
(9)
Consider the comments, if any, provided to the Board
by the Chester County Planning Commission and the Chester County Health
Department.
F.
Plan requirements.
(1)
Drafting requirements.
(a)
Maps shall be drawn to a scale not smaller than
50 feet to the inch.
(b)
The material to be submitted for consideration
as the conditional use plan shall be prepared in accordance with the
Act of May 23, 1945 (P.L. 913, No. 367), known as the "Professional
Engineers Registration Law."[1]
[1]
Editor's Note: Said Act is now known as the
"Engineer, Land Surveyor and Geologist Registration Law." See 63 P.S.
§ 148 et seq.
(c)
The sheets submitted shall be no smaller than
17 inches by 22 inches and no larger than 34 inches by 44 inches.
If more than one sheet is necessary, each sheet shall be the same
size and numbered to show its relation to the total number of sheets
in the plan, for example "Sheet No. 1 of 5 sheets."
(d)
There two or more sheets are submitted, a key
map at a scale sufficient to show their relationship shall be provided.
(e)
Plans must also be submitted in an electronic
format using software compatible with the Township Engineer (AutoCAD
software).
(2)
Location, identification and background.
(a)
A sketch or map, drawn approximately to scale,
showing the location of the proposed subdivision or land development
in relation to adjacent properties and existing streets.
(b)
The limits, dimensions and acreage of the tract
to be subdivided or developed.
(c)
The date, scale and North point.
(d)
The name and address of the landowner.
(e)
The name, address, telephone number and e-mail
address, if available, of the applicant.
(f)
The zoning applicable to the tract to be subdivided
or developed, along with all zoning boundaries, if any, that traverse
or are within 300 feet of the tract.
(3)
Existing features.
(a)
Natural features.
[2]
Steep slopes. In plotting steep slopes, the
applicant shall distinguish by shading those slopes between 20% and
30% from those slopes in excess of 30% and shall indicate the extent
of those slopes considered to be man-made.
[3]
In determining the area of steeply sloping land
on any site, the following rules shall apply:
[a]
The maximum elevation difference
over which steep slope, including prohibitive slopes, may be determined
is 20 feet.
[b]
The limit of steeply sloping areas
is to be determined by the first contour interval over which twenty-percent
slopes occur or, in the case of prohibitive slopes, over which thirty-percent
slopes occur, and steep slope areas may not be averaged over areas
of lesser slopes.
[c]
Areas of steep slope, including
those areas of prohibitive slope, consisting of two contour intervals
or less and less than 1,000 square feet in extent may be excluded,
provided that they do not adjoin or abut larger areas of steep slopes,
as defined herein.
[d]
Small areas of less than steep
and prohibitive slope occurring in the midst of larger areas of similar
slope shall be averaged into the adjoining steep slope area.
[e]
For the purpose of lot area calculation,
the total area of steep slope shall be carefully measured and enumerated
on the plan with respect to their occurrence in each of the individual
lots proposed.
[4]
Generalized soil types as mapped in the Soil
Survey of Chester and Delaware Counties.
[5]
Wetlands delineation completed by a wetland
specialist certified in delineation of wetlands per United States
Army Corps of Engineers regulations and guidelines.
[6]
A description of each soil classification found on the parcel, which explains limitations for on-site sewage disposal and is correlated with the results of percolation tests that may be required under § 95-13C(1)(j).
[7]
Areas within the Floodplain District, including
floodway, floodway fringe and approximated floodplain areas as delineated
by the Flood Insurance Rate Maps and Flood Insurance Studies prepared
for the Township of East Bradford by the Federal Insurance Administration.
[8]
Water bodies and watercourses, both perennial
and seasonal.
[9]
The location of existing individual trees over
six inches dbh, tree masses and their associated vegetation layers,
mature trees and other vegetation such as hedgerows; wetland vegetation;
old field; meadow, pasture or cropland; orchard; cultivated and ornamental
garden areas; etc.
[10]
If applicable, the boundaries of the Brandywine Scenic River District, including the locations of areas designated as "visually significant landscapes." The applicant shall indicate the relationship between the boundaries of the BSR District and the locations of ridge lines identified as per § 95-13C(1)(k).
[11]
A delineation of those portions
of the tract visible from adjacent public roads.
[12]
Any other significant natural
features within the proposed subdivision and within 50 feet of the
boundaries of the proposed subdivision.
(b)
Built features.
[1]
Existing structures and other improvements.
[2]
All existing streets on or immediately adjacent
to the tract, including name, right-of-way width and cartway width.
[3]
The location and, where applicable, the dimensions
of existing easements, rights-of-way, public lands, monuments and
other similar features.
[4]
All existing sewers, water mains, culverts,
petroleum products or gas mains, fire hydrants, wells, septic systems,
drain fields and other significant man-made facilities on the tract
and within 50 feet of the boundaries of the tract.
[5]
Locations on the tract or within 50 feet of
the property boundary of resources of known or potential local, state
or national historical significance, including buildings, structures,
objects, sites or districts (above or below ground).
[6]
Existing paths and trails.
[7]
Locations within the tract, and off the tract within 300 feet of the tract boundary, of all structures and areas of known or identified historical significance. Where such structures or areas of historical significance are required to be located on the plan, a notation shall be included on the plan indicating whether or not an historic resource impact study has been submitted to the Township in accordance with Article XX, § 115-131.1, of the Township Zoning Ordinance.
[Added 9-13-2011 by Ord. No. 3-2011]
(4)
Proposed features.
(a)
A statement describing proposed public improvements,
including streets and gutters, and including the means of water supply
and sanitary drainage to be provided.
(b)
A description of the proposed use of the development.
(c)
Calculations showing the lot area of each proposed
lot.
(d)
All building setback lines and driveway lines,
with distances from ultimate right-of-way lines.
(e)
Type of dwelling(s), if applicable.
(f)
All covenants relating to use, including all
existing and proposed easements and rights-of-way.
(g)
With respect to installations of any public
improvements within a subdivision and in conjunction with a subdivision
and in conjunction with any land development plan, notations must
be shown indicating all tree masses, specimen trees and trees over
six-inch caliper proposed to be cleared and all proposed alterations
of the natural grasses exceeding two feet.
(h)
All applications for conditional use shall be accompanied by information with regard to the means of sewage disposal and provision of water supply and, if community on-site sewage facilities are contemplated, the applicant shall submit a complete design of the system and analysis of the environmental impacts per the requirements of Chapter 73 of the Pennsylvania Code to ensure the proposal is feasible, the site layout will remain as proposed and all buffering requirements of the Pennsylvania Code are adhered to.
(i)
Identification of any land to be dedicated for
public use (refer to the Township Official Map).
(k)
A conditional use stormwater management plan, when required per § 95-26, Stormwater management, shall include:
[1]
A map showing approximate locations and a description
of stormwater management system components, design and operation,
including but not limited to:
[a]
The location and area of all forests,
lakes, ponds, watercourses, including drainage swales, and slopes
steeper than 20% located within the proposed site of subdivision or
land development.
[b]
Rights-of-way or easements proposed
to be created for drainage purposes and proposed ownership and maintenance
responsibility for those rights-of-way or easements.
[2]
A narrative summary of the project, including,
but not limited to, the following: a description of how the proposed
project complies with all requirements of federal, commonwealth and
county agencies with regard to stormwater management.
[3]
Plans and data shall be prepared and submitted
by a licensed professional engineer with experience and education
in soil mechanics. These reports shall include discussion of recharge
capability and recharge system applicability and offer suggestions
for water infiltration capacity, soil settling characteristics and
the suitability of existing soils.
(l)
Where the conditional use plan covers only a part of the applicant's entire contiguous holding and additional subdivision would be possible, a sketch shall be submitted of the prospective street and lot layout for the remainder per the requirements of § 95-12A(1) through (10), except submission of such materials shall be mandatory, not at the discretion of the applicant, as would be the case with a sketch plan.
(m)
On-site sewer and water service. For a development
where on-site water and/or on-site sewage disposal are permitted,
the applicant shall submit information as required by the Board of
Supervisors that adequate and safe water and sewer service is available
to serve the purposed development or use without causing adverse environmental
damage or negatively affecting adjacent property owners.
(5)
The names of current owners of all abutting unplotted
land and the names of all abutting subdivisions or developments.
(6)
Locations on the tract, and off the tract within 300 feet of the tract boundary, of all structures and areas of known or identified historical significance. Where such structures or areas of historical significance are required to be located on the plan, a notation shall be included on the plan indicating whether or not an historic resource impact study has been submitted to the Township in accordance with Article XX, § 115-131.1, of the Township Zoning Ordinance.
G.
Extension or change. A use of a building or lot authorized
as a conditional use, either by decision of the Board of Supervisors
or by the enactment of or amendment to this chapter, may be extended
or changed within the building or upon the lot only when authorized
as a conditional use following application to and approval by the
Board of Supervisors in accordance with procedures, standards and
criteria set forth in this chapter.
[Added 12-13-2006 by Ord. No. 8-2006]
