For the purposes of this chapter, the following regulations shall apply to all districts:
A. 
Reduction of lot area. No lot shall be so reduced that the area of the lots or the dimensions of the required open spaces shall be less than herein specified.
B. 
Obstructions to vision. On any lot, no wall, fence or other structure shall be erected, altered or maintained and no hedge, tree, shrub or other growth shall be planted or maintained which may cause danger to traffic on a street by obscuring the view.
C. 
Stripping of topsoil, excavation of clay, sand, gravel or rock. Such activities shall be permitted only under the following conditions:
(1) 
As part of the construction or alteration of a building or the grading incidental to such building.
(2) 
In connection with normal lawn preparation and maintenance.
(3) 
In connection with the construction or alteration of a street.
(4) 
In farming operations in those zoning districts where such use is permitted, provided sound soil conservation practices are observed.
(5) 
In quarry operations in those zoning districts where such use is permitted.
D. 
Projections into required yards.
(1) 
A projection from a building, utilizing such building for support but not being enclosed or part of the living area of such structure may extend into any required yard not more than 15 feet, provided that no projection shall extend closer than 10 feet to any street line or to any other lot line.
(2) 
The height of an antenna, of any design, shall be limited so that should the antenna fall it would not reach any property line.
(3) 
The requirements for open areas and yards and the restrictions on projections shall not apply to overhanging eaves, gutters or cornices.
E. 
Area and bulk exceptions.
(1) 
Building height limitations of this chapter shall not apply to any of the following, unless located within a residential district; spires, agricultural use buildings, belfries, cupolas, domes, monuments, chimneys, antennas and towers or poles used to support electrical transmission lines. This exception shall not apply to towers or poles for lighting fixtures which shall comply with the regulations of § 225-17E herein.[1]
[1]
Editor’s Note: Former Subsection E(2), which immediately followed this subsection and included provisions on the applicability of lot coverage limitations, was repealed 7-20-2011 by Ord. No. 2011-01.
F. 
Yard requirement for corner lot. In the case of a corner lot, a front yard as provided for in the area and bulk requirements for the various districts shall be required on each street on which the lot abuts. The remaining two yards shall be side yards of the depth required for the various districts.
G. 
Limitations on areas counted toward minimum lot area and yard requirements. As listed in the definition of lot area, the following are regulations on land which can be counted for purposes of determining compliance with the minimum lot area and yard requirements of all districts:
(1) 
Steep slopes.
(a) 
No more than 50% of areas with a vertical change of grade of six feet or more and slopes of 15 to 20% and no more than 25% of areas with a vertical change of grade of six feet or more and slopes over 20% may be counted towards the applicable minimum lot area requirement.
(b) 
A plot plan must be prepared for all development, even that on a single existing lot. Plot plans must show two foot contour intervals. All areas that have a vertical change of grade of six feet or more with slopes of 15% to 20% and with slopes of more than 20% should be separately identified on the plot plan. The plot plan must be submitted as part of the application for a zoning permit and/or application for subdivision or land development.
(2) 
Courses and natural bodies of water.
(a) 
The area occupied by courses and/or bodies of water and their floodplains shall not count towards the applicable minimum lot area requirements.
(b) 
All water courses and bodies and their floodplains shall be identified on the requisite plot plan.
(3) 
Wetlands.
(a) 
Any area identified as wetland following the procedures outlined in the 1989 Federal Manual for Identifying and Delineating Jurisdictional Wetlands, and any subsequent amendments, shall not be counted towards the applicable minimum lot area requirement. The East Caln Township Comprehensive Municipal Environmental Resources Map may be used as a guide as to areas where these limitations may apply, however, a site-specific engineered plot plan shall be used for the final determination.
The following regulations shall apply to existing uses, structures, lots and signs which do not conform to the provisions of this chapter. It is the policy of East Caln Township to seek the elimination of such nonconformities to the maximum extent practical while avoiding undue hardship on property owners.
A. 
Continuation. Any lawful structure or any lawful nonconforming use of a structure or land legally existing on the effective date of this chapter and any amendment thereto, may be continued, except as otherwise herein provided.
B. 
Discontinuance. If a nonconforming use of land or of a building ceases or is discontinued for a continuous period of one year or more, subsequent use of such building or land shall be in conformity with the provisions of this chapter, unless the Zoning Hearing Board shall authorize, as a special exception, the resumption of the discontinued use.
C. 
Nonconforming structures.
(1) 
Extension and additional structures. Any lawful nonconforming structure or any structure of which a lawful nonconforming use is made may be extended upon the lot occupied by such building or structure and held in a single and separate ownership on the effective date of this chapter when permitted as a special exception by the Zoning Hearing Board subject to the provisions of Article VIII of this chapter. The area or volume of such structure or structures shall not be increased by more than 50% of the total area or volume of such structure or structures existing on the date it first became a nonconforming structure or a structure of which lawful nonconforming use is made.
[Amended 1-19-2022 by Ord. No. 2022-03]
(a) 
Except as provided in § 225-16C(1)(b), any structural alteration, extension or addition to existing structures shall conform with all area, height, width, yard and coverage requirements for the district in which it is located.
(b) 
In the R-2 Zoning District, where the existing lawful nonconforming structure is lawfully nonconforming:
[1] 
As to a yard setback, the structural alteration, extension or addition may exceed the minimum yard requirements of the R-2 Zoning District, provided it does not exceed the existing nonconforming setbacks of the existing lawful nonconforming structure. No special exception shall be required for such an alteration, extension or addition, where the nonconformity is limited to yard setback.
[2] 
As to building coverage and/or impervious coverage, no special exception is required for a structural alteration, extension or addition so long as the alteration, extension or addition is in compliance with § 225-5C(1)(d) and the nonconformity is limited to building coverage and/or impervious coverage.
[3] 
As to all other area, height, width, yard, and coverage requirements, any structural alteration, extension or addition to an existing lawful nonconforming structure shall be in compliance with the requirements for the R-2 Zoning District.
(2) 
Restoration of structures. Any lawful nonconforming building or other structure which has been damaged or destroyed by fire, explosion, windstorm or other similar active cause, to an extent of not more than 75% of its fair market value, may be reconstructed in the same location, provided that:
(a) 
The reconstructed building or structure shall not exceed the height, area or volume of the damaged or destroyed building or structure.
(b) 
Reconstruction shall begin within one year from the date of damage or destruction and shall be carried on without interruption.
D. 
Nonconforming use.
(1) 
Change of use. Any lawful nonconforming use of a building or land may be changed to another nonconforming use of substantially the same character or less nonconforming, and for such purpose, a building may be extended on the same lot when authorized as a special exception by the Zoning Hearing Board. When making its determination the Board shall employ, among other, the following criteria:
(a) 
The applicant shall show that the existing nonconforming use cannot reasonably be changed to a permitted use for the district where it is located.
(b) 
Any proposed structural alterations shall be the minimum necessary to facilitate the proposed use and shall not exceed 50% of the structures existing area or volume. The proposed alterations shall not create nor increase any area, bulk or yard nonconformity.
(c) 
The applicant shall have the burden of showing that the proposed use will have the same or lesser impact than the existing nonconforming with respect to traffic generation and congestion, stormwater runoff and nuisance characteristics relative to the uses.
(d) 
Whenever the nonconforming use of a building or land has been changed to a conforming use, such conforming use shall not thereafter be changed to nonconforming use.
(2) 
Extension of nonconforming use of land. Any lawful nonconforming use of land exclusive of buildings and the use contained therein may be extended upon the lot upon which it exists at the time of the effective date of this chapter, but such extension shall conform to area and bulk regulations and to the design standards of the zoning district in which it is located. The extension of a nonconforming use on a lot shall be limited to the lot which was in existence on the effective date of this chapter.
E. 
Nonconforming lots.
(1) 
Lots nonconforming as to area and width regulations or with unusual dimensions.
(a) 
Subject to Subsection E(1)(b) hereof, a building may be erected or altered on any lot held at the effective date of this chapter in single and separate ownership which is not of the required minimum area or width, or is of such unusual dimensions that the owner would have difficulty in providing the yard areas required for the district in which such lot is situated, provided a special exception is authorized by the Zoning Hearing Board, subject to the provision of Article VIII, and provided further that the applicant does not own or control other adjoining property sufficient to enable him to comply with the provisions of this chapter as amended. In considering a special exception to permit erection or alteration of a building on a lot nonconforming as to area and width regulations, the Zoning hearing Board shall impose the following requirements:
[1] 
That the use of the lot be required to conform to the permitted uses in the district in which such lot is situated.
[2] 
That the building height be restricted to that specified for other buildings within the district in which the lot lies.
[3] 
That the use comply with the design standards for the district in which the use is situated.
[4] 
That adequate on or off-site sewage disposal and water supply facilities are available for the use intended.
[5] 
Impose such conditions as are necessary to assure that the general purposes and intent of this chapter are complied with.
(b) 
In any district in which single-family detached dwellings are permitted, notwithstanding the area limitation imposed by other provisions of this chapter, a single-family detached dwelling and customary accessory buildings may be erected on any single lot or record in existence at the effective date of adoption or amendment of this chapter, without Zoning Hearing Board action, provided the following:
[1] 
Such lot must be a single and separate ownership.
[2] 
The applicant does not own an abutting property which could be used to create a conforming lot.
[3] 
That adequate on- or off-site sewage disposal and water supply facilities are available for the use intended.
F. 
Nonconforming signs.
(1) 
Any sign, signboard, billboard or advertising device legally existing at the time of the passage of this chapter that does not conform with the regulations of this chapter shall be considered a nonconforming sign and may be used in its existing location provided it is maintained in good condition and repair at all times.
(2) 
Nonconforming signs once removed may be replace only with conforming signs, however, legal nonconforming signs may be repainted or, after issue of a permit, repaired or modernized, provided that such repaired or modernized sign does not exceed the dimensions of the existing sign.
The following regulations shall apply to all uses in all districts unless otherwise stated within this chapter:
A. 
Landscape and screening requirements.
(1) 
Landscape plan.
(a) 
All required landscaping shall be installed and maintained in accordance with a landscape plan prepared by a registered landscape architect licensed to practice in the Commonwealth of Pennsylvania. The landscape plan shall depict all proposed plantings required to compliment, screen or accentuate buildings, roads, parking areas, sidewalks, walkways, sitting areas, service or maintenance structures, courtyards and other site features and/or structures. Plant sizes, spacing and types shall be in accordance with this section and the table of the Appendix of this chapter.[1]
[1]
Editor's Note: Tables 1 through 5 are included at the end of this chapter.
(b) 
All required landscape plans shall be submitted at the time when all other required applications and/or plans are submitted. Plans shall be based on and reflect the following:
[1] 
A design which is responsive to the functional and aesthetic characteristics of the tract or lot, existing and proposed principal and accessory buildings and other structures and existing vegetation.
[2] 
A design which demonstrates an effective proposal for screening the proposed use or activity from the adjoining properties, as applicable.
[3] 
A design which enhances views from and within the site.
[4] 
A design which creates visual interest for the users and/or residents of the proposed project.
[5] 
A design which preserves, wherever possible, existing trees and other significant vegetation.
[6] 
The use of plant material which is: acclimated to local conditions, located and spaced to achieve required screening, compatible groupings and other effective purposes, not injurious to persons or pedestrians and vehicular circulation and enhances natural habitats and wildlife corridors.
(c) 
The landscape plan shall include a narrative, notes, diagrams, sketches or other depictions to demonstrate compliance with Subsection A(1) and the following:
[1] 
An analysis of the site in terms of: the existing views to and from the areas which are proposed for development, existing topography and vegetation conditions, and other significant existing natural conditions which are relevant to the site.
[2] 
An analysis of proposed planting and other landscaping needs as related to: screening views of buildings, screening buildings and sections of buildings, screening parking areas and other areas where vehicles are parked, screening storage areas, screening site utilities and other appropriate types of screening such as along streets and driveways.
[3] 
The consideration of location where plantings and other landscaping is needed to: provide visual interest, define outdoor spaces, compliment the proposed architectural style and achieve other functional and aesthetic requirements for buffer areas, buffer planting strips and other landscaped areas.
[4] 
A narrative describing the intent of the registered landscape architect with regard to design, layout and selection of plant material.
(d) 
A landscape plan shall reflect compliance with the following requirements:
[1] 
A planting screen and buffer areas shall be installed and maintained at the width required in Subsection A(4) to form a continuous visual buffer.
[2] 
Parking lots and parking areas for five or more vehicles shall be landscaped and screened as follows:
[a] 
Off-street parking areas and parking lots shall be landscaped to reduce wind and air turbulence, heat and noise and the glare of automobile lights, to reduce the level of carbon dioxide, to provide shade, to ameliorate stormwater drainage problems, to replenish the groundwater table and to provide for a more attractive setting.
[b] 
Each parking lot shall have one three to 3 1/2 inch caliper shade tree for every five parking spaces. Shrubs, ground covers and other plant materials shall be used within planting islands and/or peninsulas to complement the required shade trees. Trees and shrubs shall be pruned to allow for safe sight distance.
[c] 
The landscaping and planting areas shall be reasonably dispersed throughout the parking area or parking lot, except where there are more than 20 parking spaces in which case the following shall apply:
[i] 
Landscaping "islands" shall be provided at the end of each parking row, which shall not exceed 10 contiguous spaces. Such "islands" shall be a minimum of 10 feet in width and 20 feet in length. Such raised planting islands and the landscaping within them shall be designed and arranged so as to provide vertical definition to major traffic circulation aisles, entrances and exits, to channel internal traffic flow, to prevent indiscriminate diagonal movement of vehicles and to provide cooling shade and visual relief from the visual monotony and summer heat of a large paved parking area. Curbs of such islands shall be designed so as to facilitate surface drainage. There shall be tire stops to prevent vehicles from overhanging sidewalks or damaging landscaping materials.
[ii] 
All planting islands and planting beds within a parking lot shall be planted with canopy trees, shrubs and groundcovers and/or dwarf shrubs and shall not be lawn unless otherwise approved by the Board of Supervisors. However, stone, mulch and shredded hardwood mulch may be interspersed with groundcovers and shrubs, provided that no more than 1/4 of any planting island shall be surfaced with such mulch.
[d] 
The perimeter of all such off-street parking areas or parking lots shall be screened from any abutting property.
[e] 
Screening shall be in the form of a continuous visual buffer eight feet in height at the time of planting, (except within the clear sight triangle) through the use of the following: plant materials or walls and/or mounding through the use of berms forming a continuous visual buffer. Fencing may be used for screening only when specially approved by the Township.
[f] 
The area for planting, fencing, walls or berms shall not extend beyond the street line. No nonresidential off-street parking or loading and unloading facilities shall be located within 20 feet of the street line unless provided for otherwise in other sections of this chapter.
[Amended 10-2-2015 by Ord. No. 2015-05]
[g] 
The required planting screen shall be a minimum of 10 feet in width or shall be wider as set forth in the Appendix.
[h] 
Whenever fencing, walls or berms are employed, the effective height of such continuous visual buffer shall be no less than eight feet, except within the required clear sight triangle. If a wall is approved as a means of screening, it would be exempt from the setback requirements of this chapter.
[3] 
All buildings shall be landscaped in accordance with the following criteria:
[a] 
A combination of evergreen and deciduous trees and shrubs shall be planted along and near building perimeters except as provided in Subsection A(1)(d)[3][c] below.
[b] 
Shrubs shall be planted in contiguous groupings in mulched planting beds no less than eight feet in width along the perimeter of the building. Ten evergreen and 10 deciduous shrubs shall be planted for every 30 feet of building perimeter unless large trees are proposed as set forth in Subsection A(1)(d)[3][c] below.
[c] 
Trees shall be planted to achieve a particular landscape architectural purpose along building perimeters or within 60 feet of buildings. One three to 3 1/2 inch caliper deciduous tree and one evergreen eight to 10 foot high tree shall be planted for every 50 feet of building perimeter. Further, for every additional tree of 3 1/2 inches or greater, 10 shrubs as required above may be deleted. (The intent is to promote large tree plantings and to limit conventional "foundation" planting.)
[d] 
Trees and shrubs shall be grouped in accordance with specific needs and objectives.
[e] 
Plants shall be placed at appropriate distances from the building to accommodate the natural growth and spread of the species and to allow for periodic plant maintenance.
[4] 
Street trees shall be planted as follows:
[a] 
Street trees shall be placed between three to five feet back of the right-of-way line of any street so as not to interfere with the installation and maintenance of any sidewalk and/or utilities.
[b] 
One three to 3 1/2 inch caliper street tree shall be planted for each 40 feet or road frontage on each side of the street.
[c] 
Street trees shall be placed in an alternating spacing on each side of a street.
[d] 
Street trees shall be in accordance with the "Approved List of Street Trees" found in the Appendix.[2]
[2]
Editor's Note: See Table 3, which is included at the end of this chapter.
[e] 
The screening requirements of Subsection A(4) shall preempt these standards where the format are applicable.
[f] 
"Naturalistic" tree groupings may be proposed by the developer or required by the Board of Supervisors in lieu of regularly spaced street tree plantings, subject to the approval of the Board of Supervisors. Size and quantity requirements shall be at a minimum of those illustrated in Subsection A(4)(b).
[g] 
Where existing trees are retained along street rights-of-way, street trees do not need to be planted other than to replace diseased or undesirable varieties.
[5] 
Other landscaping including trees, shrubs and groundcovers shall be provided along walkways, in courtyards, around sitting areas, at the entrance to the site and in other highly visible locations, especially on the outer side of any internal access roads which are visible from a public street which may adjoin a lot or tract, at the entrance to buildings and around structures used for service, storage or maintenance purposes.
[6] 
Requirements and standards for landscaping, in addition to that specified above, shall be as determined by the Board of Supervisors. The Board may require plantings: to reduce glare, to abate other nuisances, to enhance the planting area in conjunction with streets and to fulfill screening and other functional purposes.
(2) 
Plant characteristics and maintenance.
(a) 
All plants shall conform with the most current version of the "American Standard for Nursery Stock" of the American Association of Nurserymen. A note stating same shall be shown on all landscape plans.
(b) 
Trees and shrubs shall be typical of their species and variety, have normal growth habits, well developed, densely foliated branches and vigorous, fibrous root systems.
(c) 
Trees and shrubs shall be free from defects and injuries and certified by appropriate Federal and State authorities to be free from diseases and insect infestations.
(d) 
Trees and shrubs shall be freshly dug and/or containerized nursery grown stock. They shall have been grown under climatic conditions similar to those in the locality of the project or properly acclimated to conditions of the locality of the project.
(3) 
Maintenance and inspection.
(a) 
All proposed landscaping shall be part of the required subdivision and land development agreement. The performance guarantee required by the Subdivision and Land Development Ordinance [Chapter 185] shall include funds escrowed for the proposed landscaping.
(b) 
All landscaping work shall be performed in accordance with an inspection schedule approved by the Township Engineer or his designee as stipulated in the Subdivision and Land Development Ordinance [Chapter 185]. No work shall proceed to a subsequent phase until inspected and approved by the Township Engineer or his designee.
(c) 
When the developer has completed all or any approved phase of the landscape improvements, the developer shall notify the Board of Supervisors in writing in accordance with the Subdivision and Land Development Ordinance [Chapter 185]. To authorize the release of funds escrowed for landscape improvements, the Township Engineer or his designee must inspect and approve the improvements in accordance with the procedure set forth in the Subdivision and Land Development Ordinance [Chapter 185].
(d) 
A maintenance guarantee in accordance with the Subdivision and land Development Ordinance [Chapter 185] is required for all landscape improvements.
(e) 
Any tree or shrub which dies within the term of a maintenance agreement or otherwise no less than 18 months, shall be replaced by the landowner or developer. Any tree or shrub which is deemed, in the opinion of the Township, not to have survived or grown in a manner characteristic of its type, shall be replaced. Substitutions for certain species of plants may be made only when recommended by the Planning Commission and approved by the Board of Supervisors, by means of the approval of a revision to the approved landscape plan.
(f) 
Following the period designated in Subsection A(3)(e), it shall be the responsibility of the landowners, tenants and/or other occupants of the premises to adequately and properly maintain the premises to adequately and properly maintain the landscaped areas, whose responsibility shall include watering, cleaning of weeds and debris, pruning and trimming, replacement of dead, diseased, stolen or otherwise removed plantings and fertilizing to maintain healthy growth.
(g) 
All trees within the right-of-way of any property shall be kept trimmed at least nine feet above any sidewalk and at least 11 feet above all streets.
(h) 
All shrubs abutting any sidewalks shall be maintained at last six inches from the edge of the sidewalks.
(i) 
To prevent the obstruction of vision at the corner of an intersection of streets and/or driveways, existing and proposed trees and shrubs or other landscape treatment shall be maintained at a height of no more than 30 inches and below 10 feet within the required clear sight triangle. To facilitate this standard, shrubs or groundcovers to be planted shall be of the dwarf variety and shall not exceed 30 inches in height at maturity.
(4) 
Screening.
(a) 
Buffer areas and planting screens shall be required under the following circumstances:
[1] 
Where a proposed commercial or industrial use abuts an existing residential use, institutional use or residential district.
[2] 
Where any proposed multifamily residential, mobile home park or institutional use abuts another residential district or an existing single-family or two-family dwelling.
[3] 
Any other instance where a buffer area and planting screen is required by this chapter or by the Township.
(b) 
The portion of the tract that abuts a use or district intended to be screened shall be provided with a buffer area and planting screen, the width, generic plant types and spacing requirements are set forth in the Appendix.[3] The buffer area and planting screen may be included in private yard space. The requirement for a buffer area is also applicable to those uses and districts separated by streets and roads.
[3]
Editor's Note: The Appendix materials are included at the end of this chapter.
(c) 
The use of earth sculpting or berms shall be required as an integral part of the buffer area frontage landscaping whenever topography and lack of existing woodlands permit. Such earth sculpting or berms shall not block the clear sight distance required at intersections and driveways. No signs or other structures are permitted on tops of berms.
(d) 
Buffer areas and planting screens shall be landscaped and maintained in accordance with Subsection A(1), (2) and (3) of this section.
(e) 
All plantings in the buffer areas and/or planting screens shall be installed and thereafter maintained by the property owner for the full width required in a particular district, except that certain structures may be placed within the buffer and/or planting screen including:
[1] 
Landscape treatment such as berms, fences or walls which aid in screening and do not conflict with the character of adjoining properties or block the clear sight distance required at intersections.
[2] 
Appurtenant landscaping structures such as: tree walls, tree guards and tree grates and retaining walls used to preserve stands or specimens of existing trees or used for other functional purposes.
[3] 
Roads which provide direct ingress/egress for the tract or lot, including appurtenant structures within such road rights-of-way as curbs, sidewalks, signs, lighting standards or benches.
[4] 
Underground utilities.
(f) 
No other structure shall be placed within the buffer area and/or planting screen and no manufacturing or processing activity or storage of materials shall be permitted.
(g) 
The planting screen shall comprise a mixture of evergreen trees and/or shrubs which are a minimum of eight feet in height for trees and three feet for shrubs at the time of planting as set forth in the Appendix.[4] The combined shrub and tree plantings shall constitute a continuous visual buffer the full length of the lot lines at the time of occupancy of any building and/or at the time of initiation of any use.
[4]
Editor's Note: The Appendix materials are included as an attachment to this chapter.
(h) 
In addition to the preceding requirements, the following shall apply:
[1] 
The plantings shall be broken only at points of vehicular or pedestrian access or as otherwise provided in this section.
[2] 
Existing vegetation. Existing deciduous trees larger than three inches in caliper and/or existing evergreen trees six feet or larger in height maybe counted to satisfy the buffer area planting requirements when approved by the Township. In all cases, existing plant material of the above caliper and height shall be preserved in any buffer area except where clearance is required to insure needed vehicular access and sight distance or if the material is unsuitable.
[3] 
The suggested plant list is set forth in the Appendix. The Township may permit other plant varieties if: they are hardy to the area, are not subject to blight or disease and are of the same general characteristic and growth habit of those listed in the Appendix.
(5) 
Modifications. By conditional use, the Board of Supervisors may grant a modification of the requirements of one or more provisions of Subsection A(1) through (4) if the Board determines literal compliance with the mandatory provisions to be unreasonable or cause undue hardship when an alternative standard can be demonstrated to provide equal or better satisfaction of the intent of the regulation(s) in question.
[Added 7-20-2011 by Ord. No. 2011-01]
(a) 
All requests for a modification shall be in writing and shall accompany and be a part of the application for development. The request shall state in full the provision(s) from which relief is sought, the basis on which the relief is requested, and shall include an alternative proposal addressing the purpose and intent of the regulations from which relief is sought to an equivalent or better standard.
(b) 
Any request for a modification pursuant to this section may be referred to the Township Planning Commission and professional consultants for advisory comments.
(c) 
The Board of Supervisors may consider a request for modification under this section at any tune during the land development process, including as a revision to an approved final land development plan.
(d) 
Proposed modifications may include, but are not limited to, the use of larger plantings, the grouping of plantings, relocations, improved species quality, and the promotion of stormwater management BMPs.
(e) 
The Board shall not approve any request for modification which is incomplete, unnecessary or inferior in appearance to compliance with the regulation(s) from which relief is sought, or which provides substantially less value to the property or the community than the existing requirement(s).
B. 
Storage. All outdoor storage shall be completely screened from view from any public right-of-way and any residential district which abuts the property. All organic rubbish or storage shall be contained in airtight, vermin-proof containers which shall also be screened from view from any public right-of-way and all abutting residential districts and uses. Over-the-road trailers may not be used for the storage of goods and material.
C. 
Access and traffic control. All accessways to any public street or highway shall be located at least 100 feet from the intersection of any street lines and shall be designed in a manner conducive to safe ingress and egress. In the interest of public safety, the number of access ways on high volume road and streets shall be the minimum feasible for the use. Where possible, exits shall be located on minor rather than major streets or highways. Developer shall be responsible for the construction of any necessary traffic control devices or additional acceleration lanes required by the Pennsylvania Department of Transportation in the case of ingress and egress to State roads and those required by the Township on Township roads.
D. 
Interior circulation.
(1) 
Interior drives shall be designed so as to prevent blockage of vehicles entering or leaving the site and do provide suitable stacking of vehicles.
(2) 
Areas provided for loading and unloading of delivery trucks and other vehicles and for the servicing of shops by refuse collection, fuel and other service vehicles shall be adequate in size, and shall be so arranged that they may be used without blockage or interference with the use of accessways or automobile parking facilities.
(3) 
Interior drives shall not be located within 25 feet of a lot line abutting a residential district or use.
E. 
Lighting.
(1) 
Lighting standards and requirements. Where required by this chapter, the owner shall install or cause to be installed, at the owner's expense, pole street lights serviced by underground conduit in accordance with a plan to be prepared by the owner's engineer and approved by the Board of Supervisors. The owner shall be responsible for all costs involved in lighting the streets from the date of first dwelling occupancy until such time that the streets are accepted by the Township. In addition, as a minimum in single-family subdivision, appropriate conduit and wiring shall be installed underground even though standards and lighting fixtures might not be constructed immediately.
(a) 
Standards. All lighting and accessory equipment shall meet acceptable industry standards as approved by the Board of Supervisors.
(b) 
Shielding. All above permitted lighting and external lighting fixtures appurtenant to a structure shall be shielded to eliminate stray light beyond an angle of 35° from a vertical plane of all residential properties and from all rights-of-way.
(2) 
Other lighting standards. The following standards shall apply to all exterior light fixtures within the Township, except street lighting and associated traffic devices provided by a public utility or governmental entity within a public right-of-way.
(a) 
The light from any luminaire shall be shaded, shielded or directed to prevent direct light from being distributed beyond an angle of 35° from a vertical plane onto adjacent properties and/or surrounding areas. Unshielded lamps, bulbs and tubes are not permitted, except for temporary holiday lighting.
(b) 
Lighting shall be designed so that the illumination does not exceed the 1/10 foot candles beyond the property line on which the lighting originates.
(c) 
Except for public street lights and traffic signals, freestanding lighting fixtures shall not exceed 16 feet in height for parking areas of 300 spaces or less and 40 feet in height for parking areas of more than 300 spaces. Security or floodlighting may exceed this height requirement when attached to a building provided that such lighting shall be arranged and installed to deflect and focus lights away from adjacent properties, in no case parking area be illuminated by building mounted lights.
(d) 
No luminaire shall have any blinking, flashing or fluttering lights or other illuminating device which has a changing light intensity, brightness or color nor is any beacon light permitted, except those required for fire alarm and/or emergency systems.
(e) 
Neither the direct nor reflected light from any luminaire shall create a disabling glare causing traffic hazards on public thoroughfares.
(f) 
The type, spacing and degree of cut-off of lighting for new development must be approved by the Board of Supervisors after review and recommendation by the Planning Commission.
(g) 
Parking areas shall be lighted using pole mounted lighting fixtures. The fixtures shall be located within or adjacent to parking areas, in raised traffic islands, parking bay separators or adjacent landscape areas. Poles and luminaries shall be located so as not to be damaged by automobiles being parked (front overhang: minimum 39 inches; rear overhang: minimum 60 inches).
(h) 
Levels of lighting.
[1] 
Levels of lighting in pedestrian and vehicular use areas shall adhere to the following standards:
Use
Minimum Average Illumination
(footcandle)
Pedestrian Walkways and Sidewalks
0.2-0.4
Residential Streets
0.4-0.6
Multifamily and Planned Residential Development
0.6-0.8
Signs Required to be Illuminated
0.6-1.2
Recreational/Institutional Activity
1.0-1.2
Industrial Office Campus Areas and Parking Lots
0.5-1.0
Commercial Area and Parking Lots
0.5-1.0
[2] 
Where possible, short post lighting should be incorporated to reduce glare. Any deviation from the above illumination levels shall meet the limits of the standards of Illumination Engineers Society (I.E.S.).
(3) 
Plan requirements, graphics and submissions.
(a) 
Preliminary and final lighting plan. The location and type of all proposed exterior lighting fixtures shall be indicated on the preliminary and final lighting plans along with the expected hours of operation. The lighting plan required for all pedestrian and vehicular use areas shall be drawn to sufficiently indicate the illumination levels furnished by each luminaire and the pattern of coverage on these areas. Reproduction of proposed lighting fixture drawing(s) shall be submitted with the lighting plan for each type of proposed exterior lighting fixture.
(b) 
Preliminary and final landscape plan. The location and type of all proposed exterior lighting fixtures shall be indicated on the preliminary and final landscape plans to insure that there is no conflict between the location of light standards and the location of light standards and the location of trees, and that trees will not adversely affect lighting patters. Lighting fixture locations shall be indicated on the plans by symbols.
(4) 
Exemption, nonconforming lighting. Nothing in this section shall be construed to be applied retroactively to existing lighting facilities or fixtures prior to effective date, unless work is scheduled to replace 50% or more of the existing outdoor light fixtures or to increase by 50% or more the number of outdoor light fixtures on the premises.
A. 
Off-street loading and unloading space(s) and facilities shall be provided on each lot, with proper and safe access from street or alley, either within a structure or in the open, to adequately serve the uses thereon.
B. 
Loading and unloading spaces shall be at least 12 feet wide, 45 feet long and shall have at least 14 foot vertical clearance.
C. 
Loading and unloading spaces shall have all-weather surfaces to provide safe and convenient access during all seasons.
D. 
Loading facilities shall not be constructed between the building setback line and a street line.
E. 
Loading facilities shall be completely screened, with a planting screen, from view from any public right-of-way and residential district or use.
F. 
Required off-street parking space shall not be used for loading and unloading purposes except during hours when business operations are suspended.
G. 
Loading facilities shall not be located within 25 feet of a lot line abutting a residential district.
[Amended 4-4-2001 by Ord. No. 2001-5]
A. 
Standards.
(1) 
Parking space for one vehicle shall be equal to at least 350 square feet for purposes of computing car spaces, including stalls and driveways, and shall have a stall of at least 10 feet by 20 feet in size. In residential districts, the area inside a garage may be included in computing parking spaces when such space is used for parking, provided it is irrebuttably presumed that the initial parking space in a garage is not routinely used for the parking of a vehicle and may not be used in computing parking spaces. Notwithstanding the above, a single-car garage may be used in computing parking spaces if the garage is a minimum of 16 feet wide and 22 feet deep, and the initial space in an oversized two-car garage may be counted if the garage is a minimum of 26 feet wide and 22 feet deep. All parking spaces shall have an approved all-weather dustless surface and shall have a safe and convenient access in all seasons.
[Amended 8-19-2015 by Ord. No. 2015-04]
(2) 
At the discretion of the Township, a parking stall may be reduced in size to 10 feet by 18 feet provided that an additional 20 square feet of pervious area is provided in front of the stall.
(3) 
No parking space shall be located, and no parking shall be permitted, so as to interfere with the free and unobstructed use of any sidewalk.
[Added 8-19-2015 by Ord. No. 2015-04]
B. 
Parking lots.
(1) 
Parking lots shall be set back from the street line at least 30 feet and the area between the cartway of the street and the parking lot shall be landscaped.
(2) 
Interior drives shall be designed so as to prevent blockage of vehicles entering or leaving the site.
(3) 
No less than 10% of an interior parking lot area shall be landscaped in accordance with § 225-17A(1)(d)[2]. In complying with the 10% landscaping requirements, the planting beds shall be distributed throughout the area as evenly as possible. Planting along the perimeter of a parking lot, whether for required screening or general beautification, will not be considered as part of the 10% parking lot area landscaping.
(4) 
Parking lots and interior drives shall not be located within 25 feet of a lot line abutting a residential district or use and shall be screened in accordance with § 225-17A(1)(d)[2].
(5) 
Parking lots shall be graded to a minimum slope of 1% to provide for drainage. Adequately sized french drains and/or inlets, storm sewers and retention or detention facilities shall be provided to manage stormwater in accordance with the standards of the Subdivision and Land Development Ordinance [Chapter 185].
(6) 
Parking lots for over 20 vehicles shall be so divided by permanent raised curbing that circulation lanes and parking bays are clearly defined and that moving traffic will be confined to designated circulation lanes.
(7) 
Traffic channelization shall be planned in such a way that a main driving aisle from which vehicles can flow into the parking bays, is remote from the building(s) so as to avoid traffic and pedestrian conflict in front of the building(s).
(8) 
Areas provided for loading and unloading of delivery trucks and other vehicles, and for refuse collection, fuel and other service vehicles shall be adequate in size and shall be so arranged that they may be used without blockage or interference with the use of other accessways or automobile parking facilities.
(9) 
Any establishment which furnished carts or mobile baskets as an adjunct to shopping shall provide clearly defined and adequately sized level areas within the required parking space areas for storage of said carts. Each designated storage area shall be clearly marked for storage of shopping carts. Such signs indicating storage shall not be considered as regulated by sign regulations, § 225-26, when used only for this purpose.
C. 
Nonresidential use requirements.
(1) 
Adequate off-street parking shall be provided for each use. A minimum of one such off-street parking space shall be provided per employee for all nonresidential uses. In computing the number of employees, only full-time employees working day shifts shall be counted. Additional spaces shall be required as specified by the appropriate formula. In applying such, the following definitions shall be utilized:
(a) 
Employees serving the public. Those employees who, as part of their employment, are expected to meet the public in the ultimate transaction of business.
(b) 
Sales area. Space on the first floor on which goods are displayed and/or business transacted and such space or other floors on which one or more sales person are regularly stationed.
(2) 
Off-street parking shall be required in any new construction or change of use in nonresidential uses imposing these regulations. All required parking shall be arranged so that access to customarily used entrances is reasonably convenient. The number of required spaces shall be determined by the application of the following formula to the contemplated use. In areas where several uses share parking spaces, the aggregate of all available spaces shall be compared to the sum required to serve all uses to determine whether there are sufficient spaces to permit the use.
(3) 
Parking spaces required for nonresidential uses shall be as follows:
(a) 
Private club, lodges: one for every 50 square feet of floor area available to patrons.
(b) 
Golf course: four for each hole plus club requirement as listed above.
(c) 
Golf driving range: two for each tee.
(d) 
Miniature golf: two for each hole.
(e) 
Bowling alley: five for each lane.
(f) 
Health club, spa: one for every 200 square feet of gross floor area devoted to such use.
(g) 
Outdoor recreation: one for every 1,500 square feet of area.
(h) 
Indoor recreation: one for every 150 square feet of gross area.
(i) 
Places of public or private assembly including churches, auditoriums, theaters and assembly halls: one for every four permanent or temporary seats, plus one for every 100 square feet of meeting room area.
(j) 
Hospital: 1 1/2 for each bed.
(k) 
Personal care, continuing care, congregate care, convalescent home, nursing home, sanitarium: one per every two beds.
(l) 
Schools: one for each faculty member and other full-time employee, plus two for each classroom, plus one for every eight students aged 16 years or older, plus one for every four seats for auditorium, gymnasium and/or stadium.
(m) 
Retail store or shop including department store or supermarket: one for every 250 square feet of store sales floor area or area serving customers.
(n) 
Personal service businesses such as barber shops, photo shops, tailor, beautician, shoe repair and the like: one for every 100 square feet of gross floor area.
(o) 
Restaurant: one for every two seats.
(p) 
Fast food restaurant: one for every 50 square feet of gross floor area.
(q) 
Self-service laundromat: one for every 1 1/2 machines.
(r) 
Automobile service and repair (in addition to gas service and station and auto dealer requirements, where applicable): four for each bay or one for every 200 square feet of floor and ground area devoted to repair (whichever is greater).
(s) 
Banks, credit union and the like: one for every 75 square feet of floor area for serving customers.
(t) 
Medical or dental offices and clinics: five for every 1,000 square feet of gross floor area.
(u) 
Funeral home: one for every 75 square feet of gross floor area.
(v) 
Professional and business offices: one for every 250 square feet of gross floor area.
(w) 
Shopping center or mall: five for every 1,000 square feet of gross floor area.
(x) 
Hotel or motel: one for each rental room or suite plus the requirements for ancillary uses.
(y) 
Movie theater (part of shopping center): one for every four seats.
(z) 
Movie theater (freestanding): one for every two seats.
(aa) 
New and used automobile sales: one for every 200 square feet of floor and ground area devoted to sales and accessory service use.
(bb) 
Gas station (in addition to automobile repair where applicable): one for every pump island plus six stacking spaces for each pump island required.
(cc) 
Car wash, automated: six, plus six dry-off spaces, plus 25 stacking spaces.
(dd) 
Car wash, nonautomated: two for each bay plus three stacking spaces for each bay.
(ee) 
Industrial and manufacturing establishments, truck terminals and wholesale warehouses: one for each employee on the combined major and next largest shift.
(ff) 
Research and development facilities, laboratories: three for every 1,000 square feet of gross floor area.
(gg) 
Independent living facility: 1.3 spaces per dwelling unit.
[Added 12-7-2011 by Ord. No. 2011-07]
(4) 
Buildings or uses other than those specified above. Determination of the appropriate parking space requirements shall be made by the Zoning Officer consistent with the standards set forth herein for comparable buildings or uses after review of a study prepared by qualified Traffic Engineer.
(5) 
As an alternative to this regulation, 75% of the required parking area shall be constructed prior to the issuance of the use and occupancy permit and the remaining 25% set aside, in an area suitable for parking, in grass until needed for parking. The Board of Supervisors may permit this alternative at their discretion and shall require the area set aside and be constructed when needed.
(6) 
The Board of Supervisors may permit a reduction in the number of aggregate parking spaces required for multiple use development if the applicant can demonstrate that, due to different hours of operation, a proposed shared parking scheme is adequate for peak usage. The applicant must submit a shared parking analysis which documents the source data used and delineates, as a minimum, the following:
(a) 
The applicable parking standard for Subsection C(3), for each use, both weekday and weekend.
(b) 
The percentage of parking space needs broken down by time of day (day time and evening) for both weekday and weekend.
(c) 
The total shared parking space requirement is computed by multiplying the requisite number of spaces for each use by the percentage of time of day and adding the total of each use. The time period with largest number of spaces will indicate the minimum number of parking spaces to be provided.
D. 
Residential requirements.
[Amended 6-30-2010 by Ord. No. 2010-01; 8-19-2015 by Ord. No. 2015-04]
(1) 
All dwelling units, including, without limitation, single-family detached, single-family semidetached, single-family attached, townhouse, multifamily and apartment dwelling units: three off-street parking spaces per unit.
(2) 
No more than two commercial vehicles may be parked overnight on any property whose primary use is residential, provided that such vehicles are parked off the street on a paved surface in a side or rear yard and are primarily driven by a resident of the premises. In all other cases, the overnight parking of a commercial vehicle on a property whose primary use is residential is prohibited. This regulation shall not be interpreted to prohibit commercial vehicles from loading or unloading in any residential district. For purposes of this subsection, commercial vehicle is defined as a vehicle owned, leased or used by a business, corporation, association, partnership, or the sole proprietorship of any entity conducting business. Examples of commercial vehicles include box trucks, delivery trucks, bucket trucks, food trucks, garbage trucks, towing and recovering vehicles, buses, coaches, passenger vans which can carry eight or more passengers, tractor-trailers, semitrailers, trailers, construction vehicles and equipment, heavy duty vehicles in excess of 26,000 lbs., and other vehicles of a similar nature and purpose or designed or used for a commercial purpose.
[Added 2-16-2022 by Ord. No. 2022-05]
[Amended 4-7-2004 by Ord. No. 2004-01]
A. 
Uses, buildings and structures accessory to agriculture.
(1) 
The storage, processing and sale of farm products by the owner, lessee or tenant of the property is permitted provided that:
(a) 
At least 50% of the dollar value of annual sales shall be derived from products which have been produced on the property (property refers to farm as set forth in § 225-21A).
(b) 
Parking space for at least three cars shall be provided behind the highway right-of-way line.
(c) 
Sale of farm products shall be conducted from a temporary stand, dismounted at the end of the growing season, or from a permanent building located at least 100 feet from the street line.
(2) 
Agricultural structures such as fencing, sheds and the like are permitted.
B. 
Uses, buildings and structures accessory to dwellings.
(1) 
Detached private garages, private parking spaces, private stables, private barns, private sheds, private shelters for pets owned by the property owner, private swimming pools, private tennis courts, private bath houses and private greenhouses are permitted.
(2) 
Accessory use structures in yards. In any residential district, unless otherwise specified, accessory structures or buildings may be located, erected or maintained in the side yard or rear yard, provided that in no case shall such accessory use structure or building be closer to any street line than 10 feet and/or property line of five feet, except for:
(a) 
Fences and walls. The following regulations shall apply to all districts:
[1] 
No fence or wall shall obstruct vision at a street intersection of public or private roads or driveways in accordance with § 225-17B.
[2] 
All fences or walls erected in the front and front side yard or any lot shall not exceed four feet in height and shall have no more than 50% of its vertical plan opaque.
[3] 
Fences or walls erected at the side or rear yard of any building or structure shall not exceed six feet in height and may be solid.
[4] 
Swimming pools shall be enclosed with a fence in accordance with Subsection B(3)(b)[4].
(b) 
A shared driveway for no more than two lots which may straddle property lines, when approved by the Board of Supervisors.
(c) 
Structures for which no other viable location exists, when approved by the Board of Supervisors as a conditional use.
(3) 
Swimming pools, exterior hot tubs and saunas, permitted as an accessory use shall comply with the following conditions and requirements:
(a) 
The swimming pool, hot tub or sauna shall be used solely for the enjoyment of the occupants of the principally permitted use of the property on which it is located and their guests, and shall not be operated commercially.
(b) 
Swimming pools, designed to contain more than 18 inches of water shall be erected in conformity with the following requirements (hot tubs and saunas are described in separate section dealing with outside placement of such units):
[1] 
A permit shall be required to locate, construct or maintain a swimming pool.
[2] 
Swimming pools and buildings affiliated to the pool may be located in the rear, rear side or side yard, but shall be no closer to any rear or side lot line than: 20 feet on a side yard and 40 feet on the rear yard.
[3] 
Any walk, paved area or open deck related to the pool shall be no closer than 10 feet to any rear or side lot line.
[4] 
Swimming pools without a locking cover shall be enclosed with four foot high non-climbing/safety fence equipped with a self-closing, self-latching gate.
[5] 
All of the following information must be submitted with the application for an in-ground or above-ground swimming pool:
[a] 
Side and rear yard impact views and/or plan.
[b] 
Storm water impact on subject property and any adjoining property.
[c] 
Screening design
[d] 
Fencing type and design
[e] 
Provide a topography and grading plan, in two foot increments for pre- and post-installation.
(c) 
Hot tubs and saunas. All exterior hot tubs and sauna units shall be placed within the building setback line and in conformity with the following requirements:
[1] 
A permit shall be required to locate, construct or maintain a hot tub or sauna, outside.
[2] 
Hot tubs, saunas and affiliated buildings may be located in the rear yard, rear side or side yard, but no closer to any rear or side lot line than: 20 feet on a side yard and 40 feet on a rear yard.
[3] 
Hot tubs and saunas without a locking cover or door shall be enclosed with a barrier to prevent access and/or a four foot high nonclimbing/safety fence equipped with a self-closing, self-latching gate.
(4) 
Tennis courts. A tennis court, fence and related lighting shall be located in either a rear or side yard and shall not be closer to a rear or side lot line than the distance of the required building setback of the R-1 Zoning District in which it is proposed.
(a) 
Tennis court fences shall be permitted, but shall not exceed 12 feet in height.
(5) 
Home occupations. Any activity for financial gain customarily carried on in a dwelling, or in a building or structure accessory to a dwelling, as an accessory use of the dwelling.
(a) 
Uses permitted.
[1] 
Non-traffic-generating home occupation shall be permitted upon completion of a registration and permit issued by the Township. Such home occupations may be: telecommunications/computer web design, brokerage agents, and any other non-traffic-generating type occupation authorized by the Zoning Official.
[2] 
No-impact home-based business. A no-impact home-based business shall be a permitted use in all residential zoning districts of the Township, provided that:
[a] 
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
[b] 
The business shall employ no employees other than family members residing in the dwelling.
[c] 
There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
[d] 
There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
[e] 
The business activity may not use an equipment or process which creates nose, vibration, glare, fumes, odors or electrical/electronic interference, including interference with radio or television reception, which is detectible in the neighborhood.
[f] 
The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
[g] 
The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable space of the floor area.
[h] 
The business does not involve any illegal activity.
[i] 
None of the provisions of this section shall operate to supersede any deed restriction, covenant or agreement restricting the use of land, nor any master deed, bylaw or other document applicable to a common interest, ownership or community.
(6) 
Satellite dish antennas. The following regulations shall apply for all satellite dish antennas:
(a) 
Limitation in number. Only one satellite dish antenna shall be permitted per lot, except retail sales of satellite dish antennas for permanent display purposes, and provided further that such display shall be in accordance with the required setback provisions of the applicable commercial district. The satellite dish antenna shall be considered as a permissible accessory use, subject to the rules and regulations of this section, in all zoning districts.
(b) 
Size permitted.
[1] 
If ground mounted, the maximum diameter of the satellite dish antenna shall not exceed 10 feet. When separately supported, the total height of the satellite dish antenna shall not exceed 12 feet.
[2] 
If roof mounted, the maximum diameter of the satellite dish antenna shall not exceed four feet.
(c) 
Location and mountings.
[1] 
Ground mounted satellite dish antennas shall be located only in the rear yard or in the side yard not extending beyond the front of the building setback and adhere to all setback requirements of the applicable zoning district.
[2] 
Ground mounted satellite dish antennas shall be secured by a foundation approved by the Township Engineer.
[3] 
When roof mounted, the satellite dish antenna shall be located on a portion of the roof sloping away from the front of the lot and no part thereof shall project above the roof ridge line.
(d) 
General regulations.
[1] 
The erection of all satellite dish antennas shall comply with all applicable regulations of the Federal Communications Commission or other regulatory agency having jurisdiction. The burden to show compliance shall be on the applicant and shall be stated in the permit application.
[2] 
Satellite dish antennas shall be properly enclosed and installed in accordance with the building code and subsequent permit issued.
[3] 
The section shall in no event be construed to permit as a permissible accessory use a satellite dish antenna for satellite communication used or intended to be used for the propagation of radio, micro or electromagnetic waves. The use of a satellite dish antenna for transmission shall be permitted only by special exception within the industrial district, subject to the provisions of § 225-42D.
[4] 
No satellite dish antenna installation shall be permitted in any parking lot or parking area.
(e) 
Permit procedure. Before erection of any satellite dish antenna, a permit application shall be made to the Township, a permit issued and a fee paid, the amount of which shall be set from time to time by resolution of the Township. All applications for a satellite dish antenna permit shall be made to the Zoning Officer in writing on a form furnished by the Township and shall be accompanied by plans, in duplicate and to scale, showing:
[1] 
For ground mounted satellite dish antennas:
[a] 
The dimensions of the lot and location of the buildings thereon.
[b] 
Details of all satellite dish antenna anchors, supports and foundations the exact size of the antenna, including dish and exact proposed location of the satellite dish antenna on the lot.
[c] 
When satellite dish antennas are attached to an existing structure, details of how the satellite dish antenna loads will be distributed to the existing structure.
[2] 
For roof mounted satellite dish antennas:
[a] 
Design wind load on each anchor and allowable wind load on each anchor.
[b] 
Forces on foundation, including live load and dead load.
[c] 
Strength and allowable stresses of cables, rods or braces and the actual force and allowable force for each cable, rod and brace.
[d] 
Details of all satellite dish anchors and supports, the exact size of the antenna and proposed location of the satellite dish antenna.
[3] 
If the manufacturer's specifications submitted with the application specify the installation criteria for Subsection B(6) above, they shall be made part of the plan and separate calculations shall not be required.
(7) 
Keeping of chickens.
[Added 4-19-2023 by Ord. No. 2023-02]
(a) 
The purpose of this section is to provide minimum standards for the keeping of domesticated chickens. This section enables residents to keep domestic chickens on a noncommercial basis as an accessory use to a residence, while limiting the adverse effects of the activity on surrounding properties. Such adverse effects can include noise, odors, unsanitary conditions, attraction of predators, chickens running at large, unsightly conditions, and similar adverse conditions.
(b) 
For purposes of this section, the following words shall have the following meaning:
CHICKEN RUN OR PEN
A fenced or other type of enclosure that is mostly open to the elements, for the purpose of allowing domestic chickens to leave the henhouse or chicken coop while remaining in a predator-safe environment. The chicken run or pen is typically attached to the henhouse or chicken coop and is a permanent stationary structure.
DOMESTIC CHICKENS
A subspecies of the species Gallus gallus domesticus.
HENHOUSE OR CHICKEN COOP
A permanent stationary structure providing shelter for domestic chickens which is completely enclosed.
MOBILE CHICKEN COOP OR CHICKEN TRACTOR
A chicken coop and run with built in wheels and handles which is moved to a new location on a daily basis by the property owner. A mobile chicken coop or chicken tractor is not a permanent or stationary structure.
(c) 
The keeping of domestic chickens is permitted as an accessory use to a single-family detached dwelling in the R-1, R-2, R-3 and R-4 zoning districts.
(d) 
Domestic chickens shall be kept for noncommercial purposes only. The incidental sale of eggs is prohibited on the property.
(e) 
No roosters shall be permitted at any time on any property.
(f) 
Standards for keeping of chickens:
[1] 
Minimum lot size: one acre.
[2] 
Number of chickens per lot: The maximum number of domestic chickens permitted on a lot with a single-family dwelling shall be determined based on the lot size as set forth below:
[a] 
Lots of two acres or more: 10 chickens.
[b] 
Lots of one acre to 1.99 acre: eight chickens.
[3] 
Setbacks.
[a] 
Chicken runs, pens, henhouses and chicken coops shall have the following minimum setbacks:
[i] 
From all adjacent residences not occupied by the owner of the chickens: 100 feet.
[ii] 
From the residence of the owner of the chicken: 10 feet.
[iii] 
From all property lines: 15 feet.
[b] 
Facilities for the storage of manure or feed shall have the following minimum setbacks:
[i] 
From all adjacent residences not occupied by the owner of the chickens: 50 feet.
[ii] 
From all property lines: 50 feet.
[c] 
All structures relating to the domestic chickens shall be located in the side or rear yard of the lot.
[d] 
Mobile chicken coops or tractors shall not be moved to or located in the front yard of the lot any time.
[4] 
Structures.
[a] 
Enclosed and predator-resistant structure. A henhouse or chicken coop shall be provided. Chicken runs, pens, henhouses and coops shall be enclosed and constructed of durable materials to prevent entry by predators or the escape of domestic chickens. All walls and ceiling and roof areas shall also be protected against entry by predators.
[b] 
Construction materials. Chicken runs, pens, henhouses and chicken coops shall be constructed of weather-resistant materials that can readily be cleaned and maintained and kept in good appearance.
[c] 
Prevention of entry by burrowing. A horizontal at-grade area not less than one foot in width along the interior or exterior perimeter of the chicken run or pen shall be composed of chain link or other material to prevent entry by burrowing predators. Alternatively, a barrier to burrowing not less than one foot in depth may be placed along the perimeter of the chicken run or pen.
[d] 
Elevation of structures. Henhouses and chicken coops shall be elevated at least 18 inches above grade, with an elevated floor that will prevent entry by predators. The applicant shall provide details of how manure will be properly cleaned from henhouse and chicken coop floors.
[e] 
No external illumination. The exterior areas of henhouses and chicken coops shall not be illuminated.
[f] 
Minimum area per chicken in henhouse or coop. A henhouse or chicken coop shall be provided and provide not less than four square feet of area per domestic chicken, as well as separate roosting or egg-laying areas. The area in the chicken run or pen may not be counted toward the required area per domestic chicken.
[g] 
Minimum area per chicken run or pen. A chicken run or pen shall be provided and be large enough to allow freedom of movement, but shall provide not less than eight square feet per domestic chicken. The area in the henhouse or coop may not be counted toward the required area per domestic chicken.
[h] 
Feed and water required. Adequate feed and water shall be continuously provided, with protection against freezing.
[i] 
Screening. Chicken runs, pens, henhouses and coops shall be screened from adjoining residential properties by a solid fence or a continuous visual landscape buffer consisting of a combination of evergreen and deciduous trees and shrubs.
[j] 
Height. Henhouses and chicken coops shall not exceed eight feet in height, including the required 18 inches above the grade.
[k] 
A property owner may utilize one mobile chicken coop or tractor in addition to (but not in lieu of) the chicken run or pen and henhouse or coop. The mobile chicken coop or tractor shall comply with the provisions of Subsection B(7)(f)[3], B(7)(f)[4][a], B(7)(f)[4][b],B(7)(f)[4][d] through B(7)(f)[4][h], and B(7)(f)[4][j].
[5] 
Conduct of owner.
[a] 
Odor. Odors shall not be perceptible at the property line.
[b] 
Noise. Noise shall not be perceptible at the property line.
[c] 
Waste and manure storage and removal. A written waste storage and removal plan shall be submitted to the Township with the application. All stored manure shall be placed within a fully enclosed container. No more than three cubic feet of manure shall be stored at any time. The chicken run, pen, henhouse, coop and surrounding area shall be kept free of trash and accumulated manure.
[d] 
Mortality. Dead domestic chickens shall be disposed of promptly and consistently with applicable waste regulations of the Township.
[e] 
Slaughtering. Slaughtering of domestic chickens shall not be conducted outdoors.
[f] 
Feed. All feed shall be stored in rodent-proof closed containers.
[g] 
Roaming. Domestic chickens shall be kept in an enclosed structure at all times. No domestic chicken shall be permitted to roam freely.
(g) 
Prior to commencing the keeping of chickens accessory use, the property owner shall register the use with the Township utilizing the Township form and pay the required registration and inspection fee. The registration and inspection fee shall be set by the Board of Supervisors by resolution from time to time. The Township Zoning Officer shall annually inspect the use for compliance with this chapter.
(h) 
Adult domestic chickens or roosters already living on the property as of the effective date of this Subsection B(7) which are in excess of the number or type permitted by the section may be kept by the property owner for the adult animal's lifetime, provided that the standards of this section are met. After the animal's death or sale, the property owner shall not replace the domestic chicken or rooster and shall come into compliance with this section. If the other standards are violated, the property owner will have a maximum of three months from the time of citation in which to eliminate the violation(s) or dispose of the animals. All legally existing nonconformities relating to the keeping of chickens as an accessory use shall be immediately brought into compliance with this section upon the sale of the property to a new property owner or rental of the property to a new occupant.
C. 
Uses, buildings and structures accessory to commercial and industrial uses. No accessory use shall be conducted or accessory structure erected within the required yard areas of any property in a commercial or industrial district. Recreational facilities for the use of employees are permitted but shall be located in a landscaped area and set back 50 feet from any street line.
A. 
Standards. The following restrictions shall apply in all districts in which agriculture is permitted:
(1) 
The minimum lot are for agricultural use shall be 10 acres.
(2) 
No farm building or any other outbuilding shall be constructed closer than 50 feet to any property line.
(3) 
All grazing or pasture areas shall be fenced.
(4) 
The construction of operation of a building for the cultivation of mushrooms shall be permitted as a special exception when authorized by the Zoning Hearing Board subject to Article VIII of this chapter.
(5) 
Horses for recreational use are permitted, at the ratio of no more than one horse per acre, on lots of three acres or more.
(6) 
The raising of pigs and poultry shall not be permitted when it constitutes more than 1/3 of all farm income except when authorized as a special exception by the Zoning Hearing Board subject to the provisions of Article VIII of this chapter.
(7) 
No slaughter area or manure storage shall be established closer than 100 feet to any property line.
(8) 
There shall be no more than one additional dwelling for each three acres of farm.
B. 
Sale of farm products. The display and sale of farm products shall be permitted in accordance with § 225-20A.
A. 
Specific intent. The following open space recreation regulations are set forth to implement the goals, objectives and regulations of East Caln Township Recreation and Open Space Plan of 1991. The following regulations shall apply to all districts where open space recreation is permitted. Ownership of open space recreation area may be municipal, private or resident association.
B. 
Minipark. Subject to the following regulations:
(1) 
Activities permitted.
(a) 
Tot lot with swings, slides and climbers.
(b) 
Trails; walking, jogging, fitness, nature and bicycling.
(c) 
Court games; tennis basketball, volleyball, badminton and racquetball.
(d) 
Picnicking.
(e) 
Lawn games, horseshoes and shuffleboard.
(2) 
Design standards.
(a) 
Minimum lot size of 21,780 square feet shall be provided, whether designed as a separate lot or as part of a resident association open space. When designed as part of a resident's association open space, the required 21,780 square feet must be set aside for the exclusive use of a minipark and no other.
(b) 
Planting screen shall be provided adjacent to any residential use or district.
(c) 
Lot shall be designed to discourage pedestrian or bicycle traffic across private property.
(d) 
Lighting for facility use shall not be permitted.
(e) 
No more than 25% of the area devoted to a minipark shall comprise those limitations listed in § 225-15G.
(f) 
A landscape plan in accordance with § 225-17A.
C. 
Neighborhood park. Subject to the following regulations:
(1) 
Activities permitted.
(a) 
All activities permitted under Subsection B(1) above.
(b) 
Playfields; baseball, softball, football and soccer.
(c) 
Swimming pool.
(d) 
Garden plots.
(2) 
Design standards.
(a) 
Minimum lot size of five acres shall be provided, whether designed as a separate lot or as part of a resident's association open space. When designed as part of a resident's association open space, the required five acres must be set aside for the exclusive use as a neighborhood park and no other.
(b) 
Restrooms with toilet facilities shall be provided.
(c) 
The only buildings allowed are restroom and buildings directly related and/or accessory to a permitted activity.
(d) 
Planting screen shall be provided adjacent to any residential use or district.
(e) 
Lot shall be designed to discourage pedestrian or bicycle traffic across private property.
(f) 
Off-street parking shall be provided in compliance with the regulations of this chapter.
(g) 
All outdoor lighting shall be in accordance with § 225-17E.
(h) 
No park activities shall be permitted between the hours of 11:00 p.m. and 6:00 a.m.
(i) 
No more than 33% of the area devoted to a neighborhood park shall comprise those limitations listed in § 225-15G.
(j) 
A landscape plan in accordance with § 225-17A.
D. 
Community park. Subject to the following regulations, except when owned or operated privately or by a resident association, such use may be constructed when authorized by the Board of Supervisors as a conditional use subject to the provisions of this section and § 225-35.
(1) 
Activities permitted.
(a) 
All activities permitted under Subsection C(1) above.
(b) 
Facilities determined to meet the open space and recreational needs of the residents of the Township.
(2) 
Design standards.
(a) 
A minimum lot size of 16 acres shall be provided, whether designed as a separate lot or as part of a resident's association open space. When designed as part of a resident's association open space, the required five acres must be set aside for the exclusive use as a neighborhood park and no other.
(b) 
Restrooms with toilet facilities shall be provided.
(c) 
Planting screen shall be provided adjacent to any residential use or district.
(d) 
Lot shall be designed to discourage pedestrian or bicycle traffic across private property.
(e) 
Off-street parking shall be provided in compliance with the regulations of this chapter.
(f) 
All outdoor lighting shall be in accordance with § 225-17E.
(g) 
As part of the conditional use permit, the Board of Supervisors shall establish the hours of operation.
(h) 
The application for the conditional use permit shall include a plan for park security.
(i) 
No more than 50% of the area devoted to a neighborhood park shall comprise those limitations listed in § 225-15G.
(j) 
A landscape plan in accordance with § 225-17A.
[Amended 8-18-1999 by Ord. No. 1999-5]
A. 
Specific intent.
(1) 
To ensure this section, Slope control regulations, is consistent with the April 1999 Comprehensive Plan.
(2) 
To conserve and protect steep slopes from inappropriate development such as excessive grading, landform alteration and extensive vegetation removal.
(3) 
To avoid potential hazards to property and the disruption of ecological balance which may be caused by increased runoff, flooding, soil erosion and sedimentation, blasting and ripping of rock and landslide and soil failure.
(4) 
To encourage the use of steep slopes for conservation and other uses which are compatible with the preservation of natural resources and protection of areas of environmental concern.
B. 
Designation of area.
(1) 
Areas regulated under this section are all areas of the Township which meet the following slope ranges for three consecutive two foot contour intervals (six cumulative vertical feet of slope):
(a) 
Moderately steep slopes: 15% to 25%.
(b) 
Steep slopes: over 25%.
(2) 
The slopes ranges are generally located in accordance with the Chester County Soil Survey. The areas where these slope conditions actually appear shall be delineated on the required plans, based on an actual field survey or aerial mapping.
C. 
Uses permitted. The following uses only are permitted in areas subject to slope controls:
(1) 
Parks and outdoor recreation (i.e., conservation/open space areas). Such uses shall be permitted provided their activities do not conflict with the use of the land as a watershed.
(2) 
Residential dwellings and accessory buildings thereto, constructed in accordance with this chapter, as amended, provided that no portion of any building, private driveway or stormwater management facility (i.e., basin or pond) is constructed in a steep slope (greater than 25%) area.
(3) 
Roadways. Disturbance caused by roadways passing through steep slopes shall be minimized through the following measures; avoidance when possible, reduced street widths, elimination of on-street parking and the allowance of cut and fill slope modifications up to 1 1/2:1 cuts and 2:1 fills in accordance with on-site geotechnical conditions.
(4) 
Tree farming, forestry and similar uses. Such uses shall be subject to the agriculture regulations of this chapter and shall be conducted in conformance with conservation practices that ensure adequate protection against soil erosion.
(5) 
Utilities. Such uses include electric, gas, telephone, sewer, water and stormwater collection/conveyance.
D. 
Procedure. Every application for a subdivision/land development or zoning permit shall state the use to be made of any area subject to slope controls. All applications shall be accompanied by a plan drawn to a scale of at least one inch equals 50 feet with the areas subject to slope controls designated as follows:
(1) 
The location, dimensions, elevation and natural features of the property.
(2) 
Existing and proposed uses and development.
(3) 
An earthmoving plan which indicates existing and proposed grades with contour lines at two foot intervals within the area of any proposed activity, disturbance or construction. All areas of moderately and steep slopes shall be graphically distinguished.
(4) 
A site plan indicating existing and proposed structure, other impervious surfaces, storm drainage facilities and retaining walls. The site plans also shall locate and identify existing vegetation including woodlands, hedgerows, open areas and their groundcover type within moderately steep and slope areas, as well as proposed landscaping material to be installed.
(5) 
Typical cross-sections and elevations of the property and proposed structures at intervals prescribed by the Township Engineer, as well as architectural plans, elevations and sections.
(6) 
A statement, signed and sealed by a registered architect or professional engineer, explaining the building methods to be used in overcoming foundation and other structural problems created by slope conditions, preserving the natural drainage, preventing soil erosion and excessive surface water runoff to neighboring properties and/or streets and type of sewage disposal and water supply.
(7) 
A statement, signed by the landowner at the time of subdivision, land development or building permit application, that there is a full understanding of potential difficulties associated with construction and access involving such slope.
(8) 
No plan shall be approved by the Board of Supervisors without the Township Engineer's review of this material and his recommendations thereon.
E. 
Standards and criteria for applications. In evaluating any application for conditional use, subdivision, land development or zoning permit within moderately steep and steep slopes, the Board of Supervisors shall determine consistence of the proposal with the following:
(1) 
Disturbance to particularly sensitive features of the site shall be minimized; special emphasis in planning for the site shall be given to the protection of:
(a) 
The steepest areas of slopes.
(b) 
Soils on the edge of the steep slope areas with seasonal high water table.
(c) 
Underlying geology which comprises, or contributes to, a major groundwater resource, including the flow of existing springs.
(2) 
Disturbances shall be minimized where the length or area of moderately steep or steep slopes is extensive both on the site and on adjacent lands within 200 feet of the site. The area which is regraded and/or stripped of vegetation shall not exceed 50% of moderately steep slopes up to a maximum of 10 acres nor 25% of steep slopes up to a maximum of five acres.
(3) 
The proposed development, any impervious groundcover and their resultant disturbance to the land and existing vegetative cover shall not cause runoff and/or related environmental problems off the site.
(4) 
Removal of, or disturbance to, existing vegetation in areas with moderately steep and steep slopes shall be minimized. The proposed impact on existing vegetation shall be evaluated in terms of the potentially detrimental effects on slope stability, conveyance and recharge of stormwater, aesthetic characteristics of the landscape and existing drainage patterns. Further, it shall be demonstrated that any and all reasonable mitigation techniques and procedures will be utilized or have been considered in the preparation of the subdivision and/or land development plan, such as revegetation measures, control of soil erosion and sedimentation, stormwater management and the like.
(5) 
Important desirable visual qualities of the site shall be retained to the maximum extent feasible. In addition to vegetation, these include hilltops/ridgelines, rock outcroppings and the natural terrain and contours of the site.
(6) 
Road construction shall follow the natural topography, with cuts and grading minimized.
(7) 
Innovative, imaginative building techniques that are well-suited to slope conditions are encouraged, consistent with other applicable codes and regulations.
(8) 
The stability of the slope, as characterized by the existing interrelationships among the soil, vegetation and rock shall be disturbed as little as possible.
(9) 
Proposed buildings and structures shall be of sound engineering design and footings shall be designed in response to the site's slope, soil and bedrock characteristics. Footings shall extend to stable soil and/or bedrock.
[Amended 11-20-1996 by Ord. No. 1996-5; 7-19-2006 by Ord. No. 2006-01; 10-18-2006 by Ord. No. 2006-3; 7-19-2017 by Ord. No. 2017-05]
A. 
Statutory authorization. The Legislature of the Commonwealth of Pennsylvania has, by the passage of the Pennsylvania Flood Plain Management Act of 1978,[1] delegated the responsibility to local governmental units to adopt floodplain management regulations to promote public health, safety, and the general welfare of its citizenry. Therefore, the Board of Supervisors of the Township of East Caln does hereby order as follows.
[1]
Editor's Note: See 32 P.S. § 679.101 et seq.
B. 
General provisions.
(1) 
Intent. The intent of this section is to:
(a) 
Promote the general health, welfare, and safety of the community.
(b) 
Encourage the utilization of appropriate construction practices in order to prevent or minimize flood damage in the future.
(c) 
Minimize danger to public health by protecting water supply and natural drainage.
(d) 
Reduce financial burdens imposed on the community, its governmental units, and its residents by preventing excessive development in areas subject to flooding.
(e) 
Comply with federal and state floodplain management requirements.
(2) 
Applicability. It shall be unlawful for any person, partnership, business or corporation to undertake, or cause to be undertaken, any construction or development anywhere within the identified floodplain area of the Township of East Caln unless a permit has been obtained from the Floodplain Administrator.
(3) 
Abrogation and greater restrictions. This section supersedes any other conflicting provisions which may be in effect in identified floodplain areas. However, any other ordinance provisions shall remain in full force and effect to the extent that those provisions are more restrictive. If there is any conflict between any of the provisions of this section, the more restrictive shall apply.
(4) 
Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this section shall be declared invalid for any reason whatsoever, such a decision shall not affect the remaining portions of the section, which shall remain in full force and effect, and for this purpose the provisions of this section are hereby declared to be severable.
(5) 
Warning and disclaimer of liability.
(a) 
The degree of flood protection sought by the provisions of this section is considered reasonable for regulatory purposes and is based on accepted engineering methods of study. Larger floods may occur or flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This section does not imply that areas outside any identified floodplain areas, or that land uses permitted within such areas, will be free from flooding or flood damages.
(b) 
This section shall not create liability on the part of the Township of East Caln or any officer or employee thereof for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder.
C. 
Administration.
(1) 
Designation of the Floodplain Administrator.
(a) 
The Township Zoning Officer is hereby appointed to administer and enforce this section and is referred to herein as the Floodplain Administrator. The Floodplain Administrator may 1) fulfill the duties and responsibilities set forth in these regulations, 2) delegate duties and responsibilities set forth in these regulations to qualified technical personnel, plan examiners, inspectors, and other employees, or 3) enter into a written agreement or written contract with another agency or private sector entity to administer specific provisions of these regulations at the direction of the Board of Supervisors. Administration of any part of these regulations by another entity shall not relieve the community of its responsibilities pursuant to the participation requirements of the National Flood Insurance Program as set forth in the Code of Federal Regulations at 44 C.F.R. 59.22.
(b) 
In the absence of a designated Floodplain Administrator, the Floodplain Administrator duties are to be fulfilled by the Assistant Township Zoning Officer.
(2) 
Permits required. A permit shall be required before any construction or development is undertaken within any identified floodplain area of the Township of East Caln.
(3) 
Duties and responsibilities of the Floodplain Administrator.
(a) 
The Floodplain Administrator shall issue a permit only after it has been determined that the proposed work to be undertaken will be in conformance with the requirements of this and all other applicable codes and ordinances.
(b) 
Prior to the issuance of any permit, the Floodplain Administrator shall review the application for the permit to determine if all other necessary government permits required by state and federal laws have been obtained, such as those required by the Pennsylvania Sewage Facilities Act (Act 1966-537, as amended)[2]; the Pennsylvania Dam Safety and Encroachments Act (Act 1978-325, as amended[3]); the Pennsylvania Clean Streams Act (Act 1937-394, as amended)[4]; and the U.S. Clean Water Act, Section 404, 33, U.S.C. 1344. No permit shall be issued until this determination has been made.
[2]
Editor's Note: See 35 P.S. § 750.1 et seq.
[3]
Editor's Note: See 32 P.S. § 693.1 et seq.
[4]
Editor's Note: See 35 P.S. § 691.1 et seq.
(c) 
In the case of existing structures, prior to the issuance of any development permit, the Floodplain Administrator shall review the proposed cost of improvements or repairs and the preimprovement market value of the structure so that a substantial improvement/substantial damage determination can be made, in accordance with FEMA's Substantial Improvement/Substantial Damage Desk Reference.
(d) 
During the construction period, the Floodplain Administrator or other authorized official shall inspect the premises to determine that the work is progressing in compliance with the information provided on the permit application and with all applicable municipal laws and ordinances. He/she shall make as many inspections during and upon completion of the work as are necessary.
(e) 
In the discharge of his/her duties, the Floodplain Administrator shall have the authority to enter any building, structure, premises or development in the identified floodplain area, upon presentation of proper credentials, at any reasonable hour to enforce the provisions of this section.
(f) 
In the event the Floodplain Administrator discovers that the work does not comply with the permit application or any applicable laws and ordinances, or that there has been a false statement or misrepresentation by any applicant, the Floodplain Administrator shall revoke the permit and report such fact to the Board of Supervisors for whatever action it considers necessary.
(g) 
The Floodplain Administrator shall maintain in perpetuity, or for the lifetime of the structure, all records associated with the requirements of this section, including, but not limited to, finished construction elevation data, permitting, inspection and enforcement.
(h) 
The Floodplain Administrator is the official responsible for submitting a biennial report to FEMA concerning community participation in the National Flood Insurance Program as requested.
(i) 
The responsibility, authority and means to implement the commitments of the Floodplain Administrator can be delegated from the person identified. However, the ultimate responsibility lies with the person identified in the floodplain ordinance as the Floodplain Administrator/Manager.
(j) 
The Floodplain Administrator shall consider the requirements of the 34 Pa. Code and the 2009 IBC and the 2009 IRC, or the latest revision thereof as adopted by the Commonwealth of Pennsylvania.
(4) 
Application procedures and requirements.
(a) 
Application for such a permit shall be made, in writing, to the Floodplain Administrator on forms supplied by the Township of East Caln. Such application shall contain the following:
[1] 
Name and address of applicant.
[2] 
Name and address of owner of land on which proposed construction is to occur.
[3] 
Name and address of contractor.
[4] 
Site location, including address.
[5] 
Listing of other permits required.
[6] 
Brief description of proposed work and estimated cost, including a breakout of flood-related cost and the market value of the building before the flood damage occurred, where appropriate.
[7] 
A plan of the site showing the exact size and location of the proposed construction as well as any existing buildings or structures.
(b) 
If any proposed construction or development is located entirely or partially within any identified floodplain area, applicants for permits shall provide all the necessary information in sufficient detail and clarity to enable the Floodplain Administrator to determine that:
[1] 
All such proposals are consistent with the need to minimize flood damage and conform with the requirements of this and all other applicable codes and ordinances;
[2] 
All utilities and facilities, such as sewer, gas, electrical and water systems, are located and constructed to minimize or eliminate flood damage;
[3] 
Adequate drainage is provided so as to reduce exposure to flood hazards;
[4] 
Structures will be anchored to prevent flotation, collapse, or lateral movement;
[5] 
Building materials are flood-resistant;
[6] 
Appropriate practices that minimize flood damage have been used; and
[7] 
Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities have been designed and located to prevent water entry or accumulation.
(c) 
Applicants shall file the following minimum information plus any other pertinent information as may be required by the Floodplain Administrator to make the above determination:
[1] 
A completed permit application form.
[2] 
A plan of the entire site, clearly and legibly drawn at a scale of one inch being equal to 100 feet or less, showing the following:
[a] 
North arrow, scale, and date;
[b] 
Topographic contour lines, if available;
[c] 
The location of all existing and proposed buildings, structures, and other improvements, including the location of any existing or proposed subdivision and development;
[d] 
The location of all existing streets, drives, and other accessways; and
[e] 
The location of any existing bodies of water or watercourses, identified floodplain areas, and, if available, information pertaining to the floodway and the flow of water, including direction and velocities.
[3] 
Plans of all proposed buildings, structures and other improvements, drawn at suitable scale showing the following:
[a] 
The proposed lowest floor elevation of any proposed building based upon North American Vertical Datum of 1988;
[b] 
The elevation of the base flood;
[c] 
Supplemental information as may be necessary under 34 Pa. Code, the 2009 IBC or the 2009 IRC, or the latest revision thereof as adopted by the Commonwealth of Pennsylvania.
[4] 
The following data and documentation:
[a] 
Detailed information concerning any proposed floodproofing measures and corresponding elevations.
[b] 
If available, information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with a base flood.
[c] 
Documentation, certified by a registered professional engineer or architect, to show that the effect of any proposed development within a floodway area (see Subsection D(2)(a)) will not increase the base flood elevation at any point.
[d] 
Documentation, certified by a registered professional engineer or architect, to show that the cumulative effect of any proposed development within an AE Area/District without floodway (see Subsection D(2)(b)) when combined with all other existing and anticipated development, will not increase the base flood elevation more than one foot at any point within the community.
[e] 
A document, certified by a registered professional engineer or architect, which states that the proposed construction or development has been adequately designed to withstand the pressures, velocities, impact and uplift forces associated with the base flood. Such statement shall include a description of the type and extent of floodproofing measures which have been incorporated into the design of the structure and/or the development.
[f] 
Detailed information needed to determine compliance with Subsection E(3)(f), Storage, and Subsection E(4), Development which may endanger human life, including:
[i] 
The amount, location and purpose of any materials or substances referred to in Subsections E(3)(f) and E(4) which are intended to be used, produced, stored or otherwise maintained on site.
[ii] 
A description of the safeguards incorporated into the design of the proposed structure to prevent leaks or spills of the dangerous materials or substances listed in Subsection E(4) during a base flood.
[g] 
The appropriate component of the Department of Environmental Protection's "Planning Module for Land Development."
[h] 
Where any excavation or grading is proposed, a plan meeting the requirements of the Department of Environmental Protection to implement and maintain erosion and sedimentation control.
(d) 
Applications for permits shall be accompanied by a fee, payable to the municipality, based upon the estimated cost of the proposed construction as determined by the Floodplain Administrator.
(5) 
Review of application by others. A copy of all plans and applications for any proposed construction or development in any identified floodplain area to be considered for approval may be submitted by the Floodplain Administrator to any other appropriate agencies and/or individuals (e.g. Planning Commission, Municipal Engineer, etc.) for review and comment.
(6) 
Changes. After the issuance of a permit by the Floodplain Administrator, no changes of any kind shall be made to the application, permit or any of the plans, specifications or other documents submitted with the application without the written consent or approval of the Floodplain Administrator. Requests for any such change shall be in writing, and shall be submitted by the applicant to Floodplain Administrator for consideration.
(7) 
Placards. In addition to the permit, the Floodplain Administrator shall issue a placard, or similar document, which shall be displayed on the premises during the time construction is in progress. This placard shall show the number of the permit, the date of its issuance, and be signed by the Floodplain Administrator.
(8) 
Start of construction.
(a) 
Work on the proposed construction or development shall begin within 180 days after the date of issuance of the development permit (which shall include, but is not limited to, a building or grading permit). Work shall also be completed within 12 months after the date of issuance of the permit or the permit shall expire unless a time extension is granted, in writing, by the Floodplain Administrator. The issuance of development permit does not refer to the zoning approval.
(b) 
The "actual start of construction" means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
(c) 
Time extensions shall be granted only if a written request is submitted by the applicant, who sets forth sufficient and reasonable cause for the Floodplain Administrator to approve such a request, and the original permit is compliant with the ordinance and FIRM/FIS in effect at the time the extension is granted.
(9) 
Enforcement.
(a) 
Notices. Whenever the Floodplain Administrator or other authorized municipal representative determines that there are reasonable grounds to believe that there has been a violation of any provisions of this section, or of any regulations adopted pursuant thereto, the Floodplain Administrator shall give notice of such alleged violation as hereinafter provided. Such notice shall:
[1] 
Be in writing;
[2] 
Include a statement of the reasons for its issuance;
[3] 
Allow a reasonable time, not to exceed a period of 30 days, for the performance of any act it requires;
[4] 
Be served upon the property owner or his agent as the case may require; provided, however, that such notice or order shall be deemed to have been properly served upon such owner or agent when a copy thereof has been served with such notice by any other method authorized or required by the laws of this state;
[5] 
Contain an outline of remedial actions which, if taken, will effect compliance with the provisions of this section.
(b) 
Penalties. Any person, partnership or corporation who or which has violated or permitted the violation of the provision of this section shall, upon being found liable therefore in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by the Township as a result thereof. In default of such payment, such person shall be imprisoned in County Prison for a period not to exceed 10 days. Each day during which any violation of this section continues shall constitute a separate offense. In addition to the above penalties, all other actions are hereby reserved, including an action in equity for the proper enforcement of this section. The imposition of a fine or penalty for any violation of, or noncompliance with, this section shall not excuse the violation or noncompliance or permit it to continue. All such persons shall be required to correct or remedy such violations and noncompliance within a reasonable time. Any development initiated or any structure or building constructed, reconstructed, enlarged, altered, or relocated in noncompliance with this section may be declared by the Board of Supervisors to be a public nuisance and abatable as such.
(10) 
Appeals.
(a) 
Any person aggrieved by any action or decision of the Floodplain Administrator concerning the administration of the provisions of this section may appeal to the Zoning Hearing Board. Such appeal must be filed, in writing, within 30 days after the decision, determination or action of the Floodplain Administrator.
(b) 
Upon receipt of such appeal the Zoning Hearing Board shall consider the appeal in accordance with the Municipalities Planning Code[5] and any other local ordinance.
[5]
Editor's Note: See 53 P.S. § 10101 et seq.
(c) 
Any person aggrieved by any decision of the Zoning Hearing Board may seek relief therefrom by appeal to court, as provided by the laws of this state, including the Pennsylvania Flood Plain Management Act.[6]
[6]
Editor's Note: See 32 P.S. § 679.101 et seq.
D. 
Identification of floodplain areas.
(1) 
Identification.
(a) 
The identified floodplain area shall be:
[1] 
Any areas of Township of East Caln classified as special flood hazard areas (SFHAs) in the Flood Insurance Study (FIS) and the accompanying Flood Insurance Rate Maps (FIRMs) dated September 29, 2017, and issued by the Federal Emergency Management Agency (FEMA) or the most recent revision thereof, including all digital data developed as part of the Flood Insurance Study.
(b) 
The above-referenced FIS and FIRMs, and any subsequent revisions and amendments, are hereby adopted by Township of East Caln and declared to be a part of this section.
(2) 
Description and special requirements of identified floodplain areas. The identified floodplain area shall consist of the following specific areas:
(a) 
The floodway area shall be those areas identified in the FIS and the FIRM as floodway and which represent the channel of a watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without increasing the water surface elevation by more than one foot at any point. This term shall also include floodway areas which have been identified in other available studies or sources of information for those special flood hazard areas where no floodway has been identified in the FIS and FIRM.
[1] 
Within any floodway area, no encroachments, including fill, new construction, substantial improvements, or other development shall be permitted unless it has been demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.
[2] 
Within any floodway area, no new construction or development shall be allowed unless the appropriate permit is obtained from the Department of Environmental Protection Regional Office.
(b) 
The AE Area/District shall be those areas identified as an AE Zone on the FIRM included in the FIS prepared by FEMA for which base flood elevations have been provided.
[1] 
The AE Area adjacent to the floodway shall be those areas identified as an AE Zone on the FIRM included in the FIS prepared by FEMA for which base flood elevations have been provided and a floodway has been delineated.
[2] 
AE Area without floodway shall be those areas identified as an AE zone on the FIRM included in the FIS prepared by FEMA for which base flood elevations have been provided but no floodway has been determined.
[a] 
No encroachments, including fill, new construction, substantial improvements, or other development shall be permitted in an AE Zone without floodway, unless it has been demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the proposed development, together with all other existing and anticipated development, would not result in an increase in flood levels of more than one foot within the entire community during the occurrence of the base flood discharge.
[b] 
No new construction or development shall be located within the area measured 50 feet landward from the top-of-bank of any watercourse, unless the appropriate permit is obtained from the Department of Environmental Protection Regional Office.
(c) 
A Area/District.
[1] 
The A Area/District shall be those areas identified as an A Zone on the FIRM included in the FIS prepared by FEMA and for which no base flood elevations have been provided. For these areas, elevation and floodway information from other federal, state, or other acceptable sources shall be used when available. Where other acceptable information is not available, the base flood elevation shall be determined by using the elevation of a point on the boundary of the identified floodplain area which is nearest the construction site.
[2] 
In lieu of the above, the municipality may require the applicant to determine the elevation with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough technical review by the municipality. In the absence of any of the above data or documentation, the community may require elevation of the lowest floor to be at least three feet above the highest adjacent grade.
(d) 
The AO and AH Area/District shall be those areas identified as Zones AO and AH on the FIRM and in the FIS. These areas are subject to inundation by one-percent-annual-chance shallow flooding where average depths are between one and three feet. In Zones AO and AH, drainage paths shall be established to guide floodwaters around and away from structures on slopes.
(3) 
Changes in identification of area. The identified floodplain area may be revised or modified by the Board of Supervisors where studies or information provided by a qualified agency or person documents the need for such revision. However, prior to any such change to the special flood hazard area, approval must be obtained from FEMA. Additionally, as soon as practicable, but not later than six months after the date such information becomes available, a community shall notify FEMA of the changes to the Special Flood Hazard Area by submitting technical or scientific data. See Subsection E(1)(b) for situations where FEMA notification is required.
(4) 
Boundary disputes. Should a dispute concerning any identified floodplain boundary arise, an initial determination shall be made by the Township of East Caln, and any party aggrieved by this decision or determination may appeal to the Board of Supervisors. The burden of proof shall be on the appellant.
(5) 
Jurisdictional boundary changes. Prior to development occurring in areas where annexation or other corporate boundary changes are proposed or have occurred, the community shall review flood hazard data affecting the lands subject to boundary changes. The community shall adopt and enforce floodplain regulations in areas subject to annexation or corporate boundary changes which meet or exceed those in 44 CFR 60.3.
E. 
Technical provisions.
(1) 
General.
(a) 
Alteration or relocation of watercourse.
[1] 
No encroachment, alteration, or improvement of any kind shall be made to any watercourse until all adjacent municipalities which may be affected by such action have been notified by the municipality, and until all required permits or approvals have first been obtained from the Department of Environmental Protection Regional Office.
[2] 
No encroachment, alteration, or improvement of any kind shall be made to any watercourse unless it can be shown that the activity will not reduce or impede the flood-carrying capacity of the watercourse in any way.
[3] 
In addition, FEMA and the Pennsylvania Department of Community and Economic Development shall be notified prior to any alteration or relocation of any watercourse.
(b) 
When Township of East Caln proposes to permit the following encroachments: any development that causes a rise in the base flood elevations within the floodway; or any development occurring in Zones A1-30 and Zone AE without a designated floodway, which will cause a rise of more than one foot in the base flood elevation; or alteration or relocation of a stream (including but not limited to installing culverts and bridges), the applicant shall (as per 44 CFR 65.12):
[1] 
Apply to FEMA for conditional approval of such action prior to permitting the encroachments to occur.
[2] 
Upon receipt of the FEMA Administrator's conditional approval of map change and prior to approving the proposed encroachments, a community shall provide evidence to FEMA of the adoption of floodplain management ordinances incorporating the increased base flood elevations and/or revised floodway reflecting the post-project condition.
[3] 
Upon completion of the proposed encroachments, the applicant shall provide as-built certifications. FEMA will initiate a final map revision upon receipt of such certifications in accordance with 44 CFR 67.
(c) 
Any new construction, development, uses or activities allowed within any identified floodplain area shall be undertaken in strict compliance with the provisions contained in this section and any other applicable codes, ordinances and regulations.
(d) 
Within any identified floodplain area, no building or structure shall be located within the area measured 50 feet landward from the top-of-bank of any watercourse.
(2) 
Elevation and floodproofing requirements. Within any identified floodplain area, any new construction or substantial improvements shall be prohibited. If a variance is obtained for new construction or substantial improvements in the identified floodplain area in accordance with the criteria in Subsection H then the following provisions apply:
(a) 
Residential structures.
[1] 
In AE, A1-30, and AH Zones, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation.
[2] 
In A Zones, where there are no base flood elevations specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation determined in accordance with Subsection D(2)(c) of this section.
[3] 
In AO Zones, any new construction or substantial improvement shall have the lowest floor (including basement) at or above the highest adjacent grade at least as high as the depth number specified on the FIRM.
[4] 
The design and construction standards and specifications contained in the 2009 International Building Code (IBC) and in the 2009 International Residential Code (IRC) or the latest edition thereof adopted by the Commonwealth of Pennsylvania, and ASCE 24 and 34 Pa. Code (Chapters 401 to 405, as amended) shall be utilized, where they are more restrictive.
(b) 
Nonresidential structures.
[1] 
In AE, A1-30 and AH Zones, any new construction or substantial improvement of a nonresidential structure shall have the lowest floor (including basement) elevated up to, or above, the regulatory flood elevation, or be designed and constructed so that the space enclosed below the regulatory flood elevation:
[a] 
Is floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water; and
[b] 
Has structural components with the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy:
[2] 
In A Zones, where no base flood elevations are specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated or completely floodproofed up to, or above, the regulatory flood elevation determined in accordance with Subsection D(2)(c) of this section.
[3] 
In AO Zones, any new construction or substantial improvement shall have their lowest floor elevated or completely floodproofed above the highest adjacent grade to at least as high as the depth number specified on the FIRM.
[4] 
Any nonresidential structure, or part thereof, made watertight below the regulatory flood elevation shall be floodproofed in accordance with the W1 or W2 space classification standards contained in the publication entitled "Flood-Proofing Regulations" published by the U.S. Army Corps of Engineers (June 1972, as amended March 1992) or with some other equivalent standard. All plans and specifications for such floodproofing shall be accompanied by a statement certified by a registered professional engineer or architect which states that the proposed design and methods of construction are in conformance with the above-referenced standards. There should be a statement submitted with the permit application and a statement submitted with the as-built floodproofing certificate prior to the issuance of the certificate of occupancy.
[5] 
Any nonresidential structure that will be floodproofed must submit the following to the Floodplain Administrator along with the nonresidential floodproofing certificate and prior to the issuance of the certificate of occupancy:
[a] 
An inspection and maintenance plan detailing the annual maintenance of floodproofed components, ensuring that all components will operate properly under flood conditions. Components that must be inspected include at a minimum:
[i] 
Mechanical equipment such as sump pumps and generators;
[ii] 
Flood shields and closures;
[iii] 
Walls and wall penetrations; and
[iv] 
Levees and berms (as applicable).
[b] 
A flood emergency operation plan detailing the procedures to be followed during a flooding event, and must include information pertaining to how all components will operate properly under all conditions, including power failures. The design professional must produce the plan. An adequate plan must include the following:
[i] 
An established chain of command and responsibility with leadership responsibilities clearly defined for all aspects of the plan.
[ii] 
A procedure for notification of necessary parties when flooding threatens and flood warnings are issued. Personnel required to be at the building should have a planned and safe means of ingress and should have no other emergency response duties during a flood event. Alternates should be assigned in the event that the primary persons responsible are unable to complete their assigned duties under the plan.
[iii] 
A list of specific duties assigned to ensure that all responsibilities are addressed expeditiously. The locations of materials necessary to properly install all floodproofing components must be included in the list.
[iv] 
An evacuation plan for all personnel or occupants; those without duties for the flood emergency as well as those with duties for implementing the plan. All possible ingress and egress routes must be identified.
[v] 
A periodic training and exercise program to keep personnel and occupants aware of their duties and responsibilities. Training drills should be held at least once a year and should be coordinated with community officials.
[6] 
The design and construction standards and specifications contained in the 2009 International Building Code (IBC) and in the 2009 International Residential Code (IRC) or the latest revision thereof as adopted by the Commonwealth of Pennsylvania, and ASCE 24 and 34 Pa. Code (Chapters 401 to 405, as amended) shall be utilized, where they are more restrictive.
(c) 
Space below the lowest floor.
[1] 
Fully enclosed space below the lowest floor (excluding basements) which will be used solely for the parking of a vehicle, building access, or incidental storage in an area other than a basement, shall be designed and constructed to allow for the automatic entry and exit of floodwaters for the purpose of equalizing hydrostatic forces on exterior walls. The term "fully enclosed space" also includes crawl spaces.
[2] 
Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or meet or exceed the following minimum criteria:
[a] 
A minimum of two openings having a net total area of not less than one square inch for every square foot of enclosed space installed on two separate walls.
[b] 
The bottom of all openings shall be no higher than one foot above grade.
[c] 
Openings may be equipped with screens, louvers, or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.
(d) 
Historic structures. Historic structures undergoing repair or rehabilitation that would constitute a substantial improvement, as defined in this section, must comply with all ordinance requirements that do not preclude the structure's continued designation as an historic structure. Documentation that a specific ordinance requirement will cause removal of the structure from the National Register of Historic Places or the State Inventory of Historic Places must be obtained from the Secretary of the Interior or the State Historic Preservation Officer. Any exemption from ordinance requirements will be the minimum necessary to preserve the historic character and design of the structure.
(e) 
Accessory structures. Structures accessory to a principal building need not be elevated or floodproofed to remain dry, but shall comply, at a minimum, with the following requirements:
[1] 
The structure shall not be designed or used for human habitation, but shall be limited to the parking of vehicles, or to the storage of tools, material, and equipment related to the principal use or activity.
[2] 
Floor area shall not exceed 200 square feet.
[3] 
The structure will have a low damage potential.
[4] 
The structure will be located on the site so as to cause the least obstruction to the flow of floodwaters.
[5] 
Power lines, wiring, and outlets will be elevated to the regulatory flood elevation.
[6] 
Permanently affixed utility equipment and appliances such as furnaces, heaters, washers, dryers, etc. are prohibited.
[7] 
Sanitary facilities are prohibited.
[8] 
The structure shall be adequately anchored to prevent flotation, collapse, and lateral movement and shall be designed to automatically provide for the entry and exit of floodwater for the purpose of equalizing hydrostatic forces on the walls. Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or meet or exceed the following minimum criteria:
[a] 
A minimum of two openings having a net total area of not less than one square inch for every square foot of enclosed space.
[b] 
The bottom of all openings shall be no higher than one foot above grade.
[c] 
Openings may be equipped with screens, louvers, etc., or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.
[9] 
For accessory structures that are 200 square feet or larger in area (footprint) and that are below the base flood elevation, a variance is required as set forth in Subsection H. If a variance is granted, a signed declaration of land restriction (nonconversion agreement) shall be recorded on the property deed prior to issuance of the certificate of occupancy.
[10] 
Prohibit the storage of hazardous materials in accessory structures.
(3) 
Design and construction standards. The following minimum standards shall apply for all construction and development proposed within any identified floodplain area:
(a) 
Fill. Within any identified floodplain area the use of fill shall be prohibited. If a variance is obtained in accordance with the criteria in Subsection H, then the following provisions apply:
[1] 
If fill is used, it shall:
[a] 
Extend laterally at least 15 feet beyond the building line from all points;
[b] 
Consist of soil or small rock materials only; sanitary landfills shall not be permitted;
[c] 
Be compacted to provide the necessary permeability and resistance to erosion, scouring, or settling;
[d] 
Be no steeper than one vertical to two horizontal feet unless substantiated data justifying steeper slopes are submitted to and approved by the Floodplain Administrator; and
[e] 
Be used to the extent to which it does not adversely affect adjacent properties.
(b) 
Drainage facilities. Storm drainage facilities shall be designed to convey the flow of stormwater runoff in a safe and efficient manner. The system shall ensure proper drainage along streets, and provide positive drainage away from buildings. The system shall also be designed to prevent the discharge of excess runoff onto adjacent properties.
(c) 
Water and sanitary sewer facilities and systems.
[1] 
All new or replacement water supply and sanitary sewer facilities and systems shall be located, designed and constructed to minimize or eliminate flood damages and the infiltration of floodwaters.
[2] 
Sanitary sewer facilities and systems shall be designed to prevent the discharge of untreated sewage into floodwaters.
[3] 
No part of any on-site waste disposal system shall be located within any identified floodplain area.
[4] 
The design and construction provisions of the UCC and FEMA No. 348, "Protecting Building Utilities From Flood Damages" and "The International Private Sewage Disposal Code" shall be utilized.
(d) 
Other utilities. All other utilities, such as gas lines, electrical and telephone systems, shall be located, elevated (where possible) and constructed to minimize the chance of impairment during a flood.
(e) 
Streets. The finished elevation of all new streets shall be no more than one foot below the regulatory flood elevation.
(f) 
Storage. All materials that are buoyant, flammable, explosive, or in times of flooding could be injurious to human, animal, or plant life, and not listed in Subsection E(4), Development which may endanger human life, shall be stored at or above the regulatory flood elevation or floodproofed to the maximum extent possible.
(g) 
Placement of buildings and structures. All buildings and structures shall be designed, located, and constructed so as to offer the minimum obstruction to the flow of water and shall be designed to have a minimum effect upon the flow and height of floodwater.
(h) 
Anchoring.
[1] 
All buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse, or lateral movement.
[2] 
All air ducts, large pipes, storage tanks, and other similar objects or components located below the regulatory flood elevation shall be securely anchored or affixed to prevent flotation.
(i) 
Floors, walls and ceilings.
[1] 
Wood flooring used at or below the regulatory flood elevation shall be installed to accommodate a lateral expansion of the flooring perpendicular to the flooring grain without causing structural damage to the building.
[2] 
Plywood used at or below the regulatory flood elevation shall be of a marine or water-resistant variety.
[3] 
Walls and ceilings at or below the regulatory flood elevation shall be designed and constructed of materials that are water-resistant and will withstand inundation.
[4] 
Windows, doors, and other components at or below the regulatory flood elevation shall be made of metal or other water-resistant material.
(j) 
Paints and adhesives.
[1] 
Paints and other finishes used at or below the regulatory flood elevation shall be of marine or water-resistant quality.
[2] 
Adhesives used at or below the regulatory flood elevation shall be of a marine or water-resistant variety.
[3] 
All wooden components (doors, trim, cabinets, etc.) used at or below the regulatory flood elevation shall be finished with a marine or water-resistant paint or other finishing material.
(k) 
Electrical components.
[1] 
Electrical distribution panels shall be at least three feet above the base flood elevation.
[2] 
Separate electrical circuits shall serve lower levels and shall be dropped from above.
(l) 
Equipment.
[1] 
Water heaters, furnaces, air conditioning and ventilating units, and other electrical, mechanical or utility equipment or apparatus, shall not be located below the regulatory flood elevation and shall be anchored to resist flotation, collapse, and lateral movement.
[2] 
Ductwork shall be elevated to or above the regulatory flood elevation or floodproofed to remain water-resistant.
(m) 
Fuel supply systems. All gas and oil supply systems shall be designed to prevent the infiltration of floodwaters into the system and discharges from the system into floodwaters. Additional provisions shall be made for the drainage of these systems in the event that floodwater infiltration occurs.
(n) 
Uniform Construction Code coordination. The Standards and Specifications contained in 34 Pa. Code (Chapters 401 to 405), as amended, and not limited to the following provisions shall apply to the above and other subsections of this section, to the extent that they are more restrictive and supplement the requirements of this section.
[1] 
International Building Code (IBC) 2009 or the latest revision thereof as adopted by the Commonwealth of Pennsylvania: Secs. 801, 1202, 1403, 1603, 1605, 1612, 3402, and Appendix G.
[2] 
International Residential Building Code (IRC) 2009 or the latest revision thereof as adopted by the Commonwealth of Pennsylvania: Secs. R104, R105, R109, R322, Appendix E, and Appendix J.
(4) 
Development which may endanger human life. Within any identified floodplain area, any structure of the kind described in Subsection (a) below shall be prohibited. No variance shall be granted.
(a) 
In accordance with the Pennsylvania Flood Plain Management Act,[7] and the regulations adopted by the Department of Community and Economic Development as required by the Act, any new or substantially improved structure which: 1) will be used for the production or storage of any of the following dangerous materials or substances; or 2) will be used for any activity requiring the maintenance of a supply of more than 550 gallons, or other comparable volume, of any of the following dangerous materials or substances on the premises; or 3) will involve the production, storage, or use of any amount of radioactive substances shall be prohibited. The following list of materials and substances are considered dangerous to human life;
[1] 
Acetone.
[2] 
Ammonia.
[3] 
Benzene.
[4] 
Calcium carbide.
[5] 
Carbon disulfide.
[6] 
Celluloid.
[7] 
Chlorine.
[8] 
Hydrochloric acid.
[9] 
Hydrocyanic acid.
[10] 
Magnesium.
[11] 
Nitric acid and oxides of nitrogen.
[12] 
Petroleum products (gasoline, fuel oil, etc.).
[13] 
Phosphorus.
[14] 
Potassium.
[15] 
Sodium.
[16] 
Sulphur and sulphur products.
[17] 
Pesticides (including insecticides, fungicides, and rodenticides).
[18] 
Radioactive substances, insofar as such substances are not otherwise regulated.
[7]
Editor's Note: See 32 P.S. § 679.101 et seq.
(5) 
Special requirements for subdivisions and development. All subdivision proposals and development proposals containing at least 50 lots or at least five acres, whichever is the lesser, in identified floodplain areas where base flood elevation data are not available shall be supported by hydrologic and hydraulic engineering analyses that determine base flood elevations and floodway information. The analyses shall be prepared by a licensed professional engineer in a format required by FEMA for a conditional letter of map revision (CLOMR) and letter of map revision (LOMR). Submittal requirements and processing fees shall be the responsibility of the applicant.
(6) 
Special requirements for manufactured homes.
(a) 
Within any identified floodplain area, manufactured homes shall be prohibited. No variance shall be granted.
(7) 
Special requirements for recreational vehicles. Within any identified floodplain area recreational vehicles shall be prohibited. If a variance is obtained in accordance with the criteria in Subsection H, then the following provisions apply:
(a) 
Recreational vehicles in Zones A, A1-30, AH and AE must:
[1] 
Be on the site for fewer than 180 consecutive days, and
[2] 
Be fully licensed and ready for highway use.
F. 
Prohibited activities.
(1) 
General. In accordance with the administrative regulations promulgated by the Department of Community and Economic Development to implement the Pennsylvania Flood Plain Management Act,[8] the following activities shall be prohibited within any identified floodplain area:
(a) 
All structures and buildings, with the exception of flood retention dams, culverts, and bridges as approved by the Commonwealth of Pennsylvania, Department of Environmental Resources, Bureau of Dams and Encroachments.
(b) 
The commencement of any of the following activities; or the construction, enlargement, or expansion of any structure used, or intended to be used, for any of the following activities:
[1] 
Hospitals.
[2] 
Nursing homes.
[3] 
Jails or prisons.
[4] 
The commencement of, or any construction of, a new manufactured home park or manufactured home subdivision, or substantial improvement to an existing manufactured home park or manufactured home subdivision.
[5] 
Landfill, dump, junkyard, outdoor storage of vehicles and/or materials and paved or all-weather parking lot.
[6] 
On-site sewage disposal systems.
[8]
Editor's Note: See 32 P.S. § 679.101 et seq.
G. 
Existing structures in identified floodplain areas.
(1) 
Existing structures. The provisions of this section do not require any changes or improvements to be made to lawfully existing structures. However, when an improvement is made to any existing structure, the provisions of Subsection G(2) shall apply.
(2) 
Improvements. The following provisions shall apply whenever any improvement is made to an existing structure located within any identified floodplain area:
(a) 
No expansion or enlargement of an existing structure shall be allowed within any Floodway Area/District that would cause any increase in BFE.
(b) 
No expansion or enlargement of an existing structure shall be allowed within an AE Area/District without floodway that would, together with all other existing and anticipated development, increase the BFE more than one foot at any point.
(c) 
Any modification, alteration, reconstruction, or improvement of any kind to an existing structure to an extent or amount of 50% or more of its market value shall constitute a substantial improvement and shall be undertaken only in full compliance with the provisions of this section.
(d) 
The above activity shall also address the requirements of the 34 Pa. Code, as amended, and the 2009 IBC and the 2009 IRC or most recent revision thereof as adopted by the Commonwealth of Pennsylvania.
(e) 
Within any floodway area/district (see Subsection D(2)(a)), no new construction or development shall be allowed, unless the appropriate permit is obtained from the Department of Environmental Protection Regional Office.
(f) 
Within any AE Area/District without floodway (see Subsection D(2)(b)), no new construction or development shall be located within the area measured 50 feet landward from the top-of-bank of any watercourse, unless the appropriate permit is obtained from the Department of Environmental Protection Regional Office.
H. 
Variances.
(1) 
General. If compliance with any of the requirements of this section would result in an exceptional hardship to a prospective builder, developer or landowner, the Township of East Caln Zoning Hearing Board may, upon request, grant relief from the strict application of the requirements.
(2) 
Variance procedures and conditions.
(a) 
Requests for variances shall be considered by the Township of East Caln Zoning Hearing Board in accordance with the procedures contained in Subsection C(10) and the following:
[1] 
No variance shall be granted for any construction, development, use, or activity within any floodway area/district that would cause any increase in the BFE.
[2] 
No variance shall be granted for any construction, development, use, or activity within any AE Area/District without floodway that would, together with all other existing and anticipated development, increase the BFE more than one foot at any point.
[3] 
No variances shall be granted for a proposed accessory structure that exceeds 600 square feet in size. A signed nonconversion agreement is required as a condition of receiving the variance.
[4] 
No variance shall be granted for prohibited activities (Subsection F) or to development which may endanger human life (Subsection E(4)).
[5] 
If granted, a variance shall involve only the least modification necessary to provide relief.
[6] 
In granting any variance, the Township of East Caln Zoning Hearing Board shall attach whatever reasonable conditions and safeguards it considers necessary in order to protect the public health, safety, and welfare, and to achieve the objectives of this section.
[7] 
Whenever a variance is granted, the Township of East Caln Zoning Hearing Board shall notify the applicant in writing that:
[a] 
The granting of the variance may result in increased premium rates for flood insurance.
[b] 
Such variances may increase the risks to life and property.
[8] 
In reviewing any request for a variance, the Township of East Caln Zoning Hearing Board shall consider, at a minimum, along with the requirements set forth in the Municipalities Planning Code,[9] the following:
[a] 
That there is good and sufficient cause.
[b] 
That failure to grant the variance would result in exceptional hardship to the applicant.
[c] 
That the granting of the variance will:
[i] 
Neither result in an unacceptable or prohibited increase in flood heights, additional threats to public safety, or extraordinary public expense; nor
[ii] 
Create nuisances, cause fraud on or victimize the public, or conflict with any other applicable state or local ordinances and regulations.
[9]
Editor's Note: See 53 P.S. § 10101 et seq.
[9] 
A complete record of all variance requests and related actions shall be maintained by the Township of East Caln Zoning Hearing Board. In addition, a report of all variances granted during the year shall be included in the annual report to the FEMA.
(b) 
Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capability of resisting the one-percent-annual-chance flood.
I. 
Definitions.
(1) 
General. Unless specifically defined below, words and phrases used in this section shall be interpreted so as to give this section its most reasonable application.
(2) 
Specific definitions. As used in this section, the following terms shall have the meanings indicated:
ACCESSORY USE OR STRUCTURE
A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.
BASE FLOOD
A flood which has a one-percent chance of being equaled or exceeded in any given year (also called the "one-hundred-year flood" or "one-percent-annual-chance flood").
BASE FLOOD DISCHARGE
The volume of water resulting from a base flood as it passes a given location within a given time, usually expressed in cubic feet per second (cfs).
BASE FLOOD ELEVATION (BFE)
The elevation shown on the Flood Insurance Rate Map (FIRM) for Zones AE, AH, A1-30 that indicates the water surface elevation resulting from a flood that has a one-percent or greater chance of being equaled or exceeded in any given year.
BASEMENT
Any area of the building having its floor below ground level on all sides.
BUILDING
A combination of materials to form a permanent structure having walls and a roof. Included shall be all manufactured homes and trailers to be used for human habitation.
COMMUNITY
As used in this section, refers to the Township of East Caln.
DECLARATION OF LAND RESTRICTION (NONCONVERSION AGREEMENT)
A form signed by the property owner to agree not to convert or modify, in any manner that is inconsistent with the terms of the permit and these regulations, certain enclosures below the lowest floor of elevated buildings and certain accessory structures. The form requires the owner to record it on the property deed to inform future owners of the restrictions.
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including but not limited to the construction, reconstruction, renovation, repair, expansion, or alteration of buildings or other structures; the placement of manufactured homes; streets, and other paving; utilities; filling, grading and excavation; mining; dredging; drilling operations; storage of equipment or materials; and the subdivision of land.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
FLOOD
A temporary inundation of normally dry land areas.
FLOOD INSURANCE RATE MAP (FIRM)
The official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY (FIS)
The official report provided by the Federal Emergency Management Agency that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.
FLOODPLAIN AREA
A relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse; and/or any area subject to the unusual and rapid accumulation of surface waters from any source.
FLOODPROOFING
Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
FLOODWAY
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
HISTORIC STRUCTURES
Any structure that is:
(a) 
Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
(b) 
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
(c) 
Individually listed on a state inventory of historic places in states which have been approved by the Secretary of the Interior; or
(d) 
Individually listed on a local inventory of historic places in communities with historic preservation that have been certified either:
[1] 
By an approved state program as determined by the Secretary of the Interior; or
[2] 
Directly by the Secretary of the Interior in states without approved programs.
IDENTIFIED FLOODPLAIN AREA
This term is an umbrella term that includes all of the areas within which the community has selected to enforce floodplain regulations. It will always include the area identified as the Special Flood Hazard Area on the Flood Insurance Rate Maps and Flood Insurance Study, but may include additional areas identified by the community. See Subsections D(1) and (2) for the specifics on what areas the community has included in the identified floodplain area.
LOWEST FLOOR
The lowest floor of the lowest fully enclosed area (including basement). An unfinished, flood-resistant, partially enclosed area used solely for parking of vehicles, building access, and incidental storage in an area other than a basement area is not considered the lowest floor of a building, provided that such space is not designed and built so that the structure is in violation of the applicable nonelevation design requirements of this section.
MANUFACTURED HOME
A structure, transportable in one or more sections, which is built on a permanent chassis, and is designed for use with or without a permanent foundation when attached to the required utilities. The term includes park trailers, travel trailers, recreational and other similar vehicles which are placed on a site for more than 180 consecutive days.
MANUFACTURED HOME PARK OR SUBDIVISION
A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
NEW CONSTRUCTION
Structures for which the start of construction commenced on or after September 29, 2017, and includes any subsequent improvements to such structures. Any construction started after September 30, 1980, and before September 29, 2017, is subject to the ordinance in effect at the time the permit was issued, provided the start of construction was within 180 days of permit issuance.
NEW MANUFACTURED HOME PARK OR SUBDIVISION
A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community.
PERSON
An individual, partnership, public or private association or corporation, firm, trust, estate, municipality, governmental unit, public utility or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.
POST-FIRM STRUCTURE
A structure for which construction or substantial improvement occurred after December 31, 1974, or on or after the community's initial Flood Insurance Rate Map (FIRM) dated September 30, 1980, whichever is later, and, as such, would be required to be compliant with the regulations of the National Flood Insurance Program.
PRE-FIRM STRUCTURE
A structure for which construction or substantial improvement occurred on or before December 31, 1974, or before the community's initial Flood Insurance Rate Map (FIRM), dated September 30, 1980, whichever is later, and, as such, would not be required to be compliant with the regulations of the National Flood Insurance Program.
RECREATIONAL VEHICLE
A vehicle which is:
(a) 
Built on a single chassis;
(b) 
Not more than 400 square feet, measured at the largest horizontal projections;
(c) 
Designed to be self-propelled or permanently towable by a light-duty truck;
(d) 
Not designed for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
REGULATORY FLOOD ELEVATION
The base flood elevation (BFE) or estimated flood height as determined using simplified methods plus a freeboard safety factor of 1 1/2 feet. The freeboard safety factor also applies to utilities and ductwork.
SPECIAL FLOOD HAZARD AREA (SFHA)
An area in the floodplain subject to a one-percent or greater chance of flooding in any given year. It is shown on the FIRM as Zone A, AO, A1-A30, AE, A99, or AH.
START OF CONSTRUCTION
Includes substantial improvement and other proposed new development and means the date the permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days after the date of the permit and shall be completed within 12 months after the date of issuance of the permit unless a time extension is granted, in writing, by the Floodplain Administrator. The "actual start" means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
STRUCTURE
A walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home.
SUBDIVISION
The division or re-division of a lot, tract, or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land, including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.
SUBSTANTIAL DAMAGE
Damage from any cause sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% or more of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT
Any reconstruction, rehabilitation, addition, or other improvement of a structure, of which the cost equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage regardless of the actual repair work performed. The term does not, however, include any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions.
UNIFORM CONSTRUCTION CODE (UCC)
The statewide building code adopted by The Pennsylvania General Assembly in 1999 applicable to new construction in all municipalities whether administered by the municipality, a third party or the Department of Labor and Industry. Applicable to residential and commercial buildings, the code adopted the International Residential Code (IRC) and the International Building Code (IBC), by reference, as the construction standard applicable with the state floodplain construction. For coordination purposes, references to the above are made specifically to various sections of the IRC and the IBC.
VARIANCE
A grant of relief by a community from the terms of a floodplain management regulation pursuant to the procedures in this section and Chapter 225, Zoning.
VIOLATION
The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in 44 CFR 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided.
Subject to the requirements of Article VIII of this chapter the Zoning Hearing Board may allow as special exception the conversion of a single-family dwelling into a dwelling for a greater number of families, subject to the following requirements:
A. 
A petition in favor of such exception is filed with the Zoning Hearing Board signed by the owners of 60% or more of the frontage on the same street within 1,000 feet of the designated lot.
B. 
No dwelling unit shall have less than 800 square feet of floor area.
C. 
The lot area per dwelling unit is not reduced below that required by this chapter for the district in which the designated lot is located.
D. 
The yard and building area requirements for the district in which the building is located shall not be reduced.
E. 
There is no external alteration of the building except as may be necessary for reasons of safety. Fire escapes and outside stairways shall, where practicable, be located to the rear of the building.
F. 
The Zoning Hearing Board shall specify the maximum number of families permitted to occupy such building, and may prescribe to occupy such building, and may prescribe such further conditions and restrictions as the Zoning Hearing Board may consider appropriate.
G. 
The off-street parking requirements of this chapter, or any other arrangements as deemed appropriate by the Zoning Hearing Board, are met.
H. 
The conversation shall be authorized only for a large dwelling with relatively little economic usefulness as a conforming use, or for any other arrangement, which may be deemed appropriate by the Zoning Hearing Board.
[Amended 12-4-1996 by Ord. No. 1996-7; 6-18-1997 by Ord. No. 1997-1]
A. 
Purpose statement. It is the purpose of this section to:
(1) 
Provide for signs as a means of effective visual communications.
(2) 
Promote the Township's adopted comprehensive planning and zoning objectives.
(3) 
Assure the compatibility of signs with land use and buildings in the vicinity of the sign and in the community as a whole.
(4) 
Reduce hazards to pedestrian and vehicle traffic by controlling the size, location and illumination of signs.
(5) 
Encourage signs which are well designed and pleasing in appearance, while providing for incentive and latitude for variety, in order to enhance the economic value of the community.
(6) 
Establish criteria designed to encourage signs which are compatible with their surroundings.
(7) 
Otherwise promote the public health, safety, morals and general welfare of the community.
(8) 
Regulate the use of signs through a sign permitting process.
(9) 
Enable the fair and consistent enforcement of these sign regulations.
B. 
Definitions. The following terms shall have the meanings herein indicated whenever they appear in this section:
ABANDONED SIGN
Any sign located on and/or related to the use of a property which becomes vacant and unoccupied for a period of six months or more, any sign erected for an occupant or business which has moved or gone out of business or any sign which relates to a time, event or purpose which is past.
BILLBOARD
[Added 12-19-2012 by Ord. No. 2012-07]
(1) 
A freestanding sign which meets any one or more of the following criteria:
(a) 
It is used as an off-premises sign;
(b) 
It is used for general advertising for hire;
(c) 
It functions as a principal or separate principal use of the land on which it is located.
(2) 
The term "billboard" applies to all physical parts of the sign, including display faces, structure, support poles, attached ladders, attached catwalks, and appurtenant lighting systems, and visual display systems.
BUILDING FRONTAGE
The face of a building that fronts on a public street. In the case of a building that fronts on more than one public street, the building frontage is each face of the building fronting on a public street. In cases where a building does not front on a public street, the building frontage is the face of the building where the principal entrance to the building is located.
[Added 1-18-2012 by Ord. No. 2012-01]
BUILDING SIGN
A business sign attached to or painted on a building. A building sign shall not include a window sign or a pedestrian concourse sign.
[Amended 1-18-2012 by Ord. No. 2012-01]
BUSINESS SIGN
A sign that directs attention to any nonresidential use or activity, but not including a home occupation sign or marquee sign.
[Amended 1-18-2012 by Ord. No. 2012-01]
CHANGEABLE DISPLAY SIGN
Any sign capable of changes in the signage display without physical alteration of the sign, including without limitation, LED displays.
[Added 9-21-2011 by Ord. No. 2011-05]
FREESTANDING SIGN
A business sign no attached to or painted on a building.
HOME OCCUPATION SIGN
A sign providing information about a business activity conducted within a single-family dwelling unit.
MARQUEE SIGN
A permanent sign located over the outside main entrance of a theater to provide a listing of the current attractions.
MULTIPLE COMMERCIAL USE SIGN
A sign at the entrance to a nonresidential development such as a shopping center, office complex or industrial park which has the sole purpose of identifying the development and the occupants therein.
OFF-PREMISES SIGN
A sign which directs attention to an object, product, service, place, activity, person, institution, organization or business that is primarily offered at a location other than the lot upon which the sign is located.
[Added 12-19-2012 by Ord. No. 2012-07]
PEDESTRIAN CONCOURSE SIGN
A fixed sign attached to or suspended from the ceiling of the concourse or a support thereof within a major retail development (MRD) or a shopping center development (SCD) for the purpose of individually identifying each of the occupants of the premises to pedestrians using the concourse. Such signs shall be securely mounted to prevent movement from the effects of wind or otherwise.
[Added 1-18-2012 by Ord. No. 2012-01]
RESIDENTIAL DEVELOPMENT SIGN
A sign at the entrance to a residential development which has the sole purpose of identifying the development.
SIGN
A device for visual communication that is used to bring the subject to the attention of the public. Signs shall include: lettering, logos, trademarks or other symbols which are an integral part of the architectural design of a building, which are affixed to a building, or which are located elsewhere on the premises; signs affixed to windows or glass doors or otherwise mounted such that they are obviously intended to be seen and understood by vehicular or pedestrian traffic outside the building; flags and insignia of civic, charitable, religious, fraternal, patriotic or similar organizations; architectural features which may be identified with a particular business or activity; insignia of government or government agencies; banners, streamers, pennants, spinners, reflectors, ribbons, tinsel and similar materials and inflatable objects. Signs do not include signs within a building which are obviously intended to be seen primarily from within the building; flags of the United States, flags of the United States armed services, flags of the Commonwealth of Pennsylvania, flags of government or government agencies; parking, public safety or traffic directional markings as duly approved by the Zoning Officer; and displays of merchandise behind store windows.
[Amended 10-3-2012 by Ord. No. 2012-06]
TOURIST-ORIENTED DIRECTIONAL SIGNING (TODS)
A Pennsylvania Department of Transportation policy to establish guidelines for the installation of signs within state highway rights-of-way to guide travelers to businesses, services, and attractions in which the traveling public would have a reasonable interest. These guidelines include the eligibility, location, design, installation, cost, and maintenance of these signs, which will be referred to as "TODS," or any like successor program.
[Added 9-20-2006 by Ord. No. 2006-02]
WINDOW SIGN
Any sign affixed to, painted to, or visible through a storefront window facing the outside or otherwise mounted such that it is obviously intended to be seen and understood by vehicular and/or pedestrian traffic outside the building and which is to be used for advertising purposes. A "storefront window" shall be defined as a window on the same side of the building where the main door to the establishment is located, or a window that is located in the main door to an establishment, or a door made of glass, or such window or door in the side of a building that faces a public street, right-of-way, or common parking lot. Hours of operation shall not be considered a window sign, provided that the area of such hours is no greater than one square foot.
[Added 1-18-2012 by Ord. No. 2012-01]
C. 
General regulations. The following regulations shall be observed in all districts:
(1) 
No sign which emits smoke, visible vapors or particles, sound or odor shall be permitted.
(2) 
No artificial light or reflecting device shall be used as a part of a sign where such light or device interferes with, competes for attention with, or may be mistaken for a traffic signal.
(3) 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection C(3), which provided regulations on floodlighting, was repealed 1-18-2012 by Ord. No. 2012-01.
(4) 
Every sign permitted shall be constructed of durable material and kept in good repair. In addition to any other remedies available to the Township, any sign which is allowed to become dilapidated may be removed by the Township at the expense of the owner or lessee of the property on which such sign is located or the sign permittee.
(5) 
All distances provided for in this section shall be measured along straight lines from/to the nearest edge of any sign or sign structure. This paragraph shall apply in all cases including locating new signs in relationship to currently existing conforming and nonconforming signs.
(6) 
A permit shall be obtained before erecting any sign authorized by these regulations. No other signs, except temporary signs authorized by § 225-26, shall be erected.
(7) 
No portion of a sign may scroll, flash, scintillate, oscillate, blink or otherwise give the appearance of movement or variation in display. Such signs shall be considered animated signs and are prohibited.
[Amended 1-18-2012 by Ord. No. 2012-01]
(8) 
No sign shall be erected as to obstruct the clear sight triangle of any intersection or driveway or any traffic control device.
(9) 
No sign shall be erected within the right-of-way of any public street or road.
(10) 
Illuminated signs.
[Added 1-18-2012 by Ord. No. 2012-01]
(a) 
Sign illumination can be from either an internal or external light source.
(b) 
Shielding. Signs illuminated by an internal or external light source shall be shielded so no direct or indirect light will shine on abutting properties or in the normal line of vision of the public using the street.
(c) 
A light illuminating a sign shall be arranged so that the source of the light is not visible from any point off the lot and only the sign is illuminated.
(d) 
No sign shall be illuminated by flashing, intermittent, or animated lighting.
(e) 
No sign shall be internally illuminated by incandescent light bulbs.
(f) 
Illuminated signs shall only be permitted in a Residential District by conditional use approval.
(g) 
All light sources must not be of such intensity or brilliance as to cause glare or otherwise impair the vision of the driver of any motor vehicle or otherwise interfere with any driver's operation of a motor vehicle.
(h) 
No more than 1/2 footcandle of light from any illuminated sign shall be detectable along the boundary of any adjacent property.
[Added 10-3-2012 by Ord. No. 2012-06]
D. 
Sign permits.
(1) 
Application for sign permits shall be filed in duplicate and on forms furnished by the Township and shall be accompanied by detailed drawings and specifications and such other information deemed necessary by the Zoning Officer to determine the location and details of construction of such sign.
(2) 
Permit fees shall be established by the Township Board of Supervisors in accordance with the provisions of § 225-33 of this chapter.
E. 
Abandoned signs.
(1) 
No person shall maintain or permit to be maintained on any premises owned or controlled by him, a sign which has been abandoned. Any abandoned sign shall be removed within 30 days of the date of abandonment and the site restored to its original condition.
(2) 
After 30 days after the abandonment date, in addition to any other remedies available to the Township, the Township may remove the abandoned sign at the expense of the owner or lessee of the property on which the sign is located or the sign permittee.
F. 
Sign area and height. The following shall apply when interpreting the area and height regulations of this section:
(1) 
Area. The area of a sign shall be the area of a rectangle that will encompass all elements of the sign, including all letters, figures, symbols, designs or other display.
(a) 
When the sign is a separate unit, the area shall include any borders, framing, trim, decorative attachments, backgrounds and space between elements; it shall not include any supporting structure(s) for the sign unless such structure is illuminated, is in the form of a symbol or contains advertising elements.
(b) 
When the sign is painted on a wall or otherwise has no definable edges, the area shall include the rectangle which contains all color, artwork or other means used to differentiate the sign from the surface upon which it is placed.
(2) 
Height. Except for building sings, the height of a sign shall be measured from the average ground level beneath the sign to the highest point of the sign or supporting structure. The ground level shall be the lower of the ground level existing to any earth disturbance at the site. This prior ground level may be established by any reliable source including, without limitation, existing topographic maps, aerial photographs, photographs of the site or affidavits of people who are personally familiar with the site. No person(s) shall artificially increase the maximum height of a sign by altering the grade at the base of the sign by any means.
G. 
Freestanding signs.
(1) 
Freestanding signs shall be located at least 10 feet from any side lot line and at least the height of the sign and supporting structure from the street line.
(2) 
Freestanding signs shall be erected only within the front yard of the lot on which they are located.
(3) 
Freestanding signs on the same lot shall not be spaced closer to each other than a distance equal to 10 times the largest dimension (height or width) of the sign and supporting structure having the largest dimension.
(4) 
The maximum area of a freestanding sign shall not exceed 20 square feet.
(5) 
The maximum height of a freestanding sign shall not exceed eight feet.
H. 
Building signs.
(1) 
A building sign shall not exceed two square feet in total area for each linear foot of building wall or section of wall on which the sign is erected.
(2) 
The maximum width of any building sign shall be 30 feet or 40% of the width of the wall or section of wall on which the sign is erected, whichever is smaller.
(3) 
The maximum height of a building sign shall be as follows:
(a) 
For buildings with a first floor area of 40,000 square feet or more: six feet.
(b) 
For buildings with a first floor area of 20,000 square feet to 39,999 square feet: four feet.
(c) 
For buildings with a first floor are of 19,999 square feet and smaller: two feet.
(4) 
Building signs may be located at any elevation on the wall or section of wall on which they are erected, provided that they shall not extend higher than the top of the wall at any point.
(5) 
Building signs shall be installed parallel to the supporting wall and shall project not more than 10 inches from the face of the wall.
(6) 
If a building sign is to be illuminated, it shall only be illuminated from an internal light source.
[Amended 1-18-2012 by Ord. No. 2012-01]
I. 
Business signs.
(1) 
All business signs shall comply with the freestanding and building sign regulations of this section.
(2) 
No business sign shall be erected on a lot other than to advertise a business or articles or merchandise for sale on the same lot; however, at the discretion of the Board of Supervisors, where two or more commercial parcels share a common access drive, and one of the parcels is located along a principal or minor arterial road, the permitted freestanding sign located along the arterial road may include off-site advertising for the other businesses that share the common access drive, provided that:
[Amended 1-18-2012 by Ord. No. 2012-01]
(a) 
The freestanding sign with the off-site advertising shall be located along the arterial road.
(b) 
The maximum height of the freestanding sign along the arterial road shall not exceed 14 feet.
(c) 
The maximum area for the on-site advertising portion of the sign shall not exceed 20 square feet.
(d) 
The maximum area for the off-site advertising portion of the sign shall not exceed 15 square feet.
(e) 
The off-site advertising portion of the sign shall only include the name of the development; individual business names shall not be permitted.
(f) 
If a sign is provided pursuant to this subsection, the freestanding sign permitted on the adjacent parcel(s) that share the common access drive shall be subject to the regulations in Subsection G, Freestanding signs, and the provisions of Subsection J, Multiple commercial use sign, shall not be applicable, regardless of the number of occupants.
(3) 
One freestanding sign shall be permitted per parcel, and one building sign per permitted principal use shall be permitted. At the discretion of the Board of Supervisors, when a freestanding building has building frontage on more than one street, a second building sign shall be permitted.
[Amended 1-18-2012 by Ord. No. 2012-01]
(4) 
Gasoline service stations shall be permitted one additional freestanding price sign for each street frontage, provided:
(a) 
Such sign shall not exceed 15 square feet in area or 10 feet in height.
(b) 
The sign may only be internally illuminated subject to Underwriters Laboratory standards.
J. 
Multiple commercial use sign.
(1) 
A multicommercial development with at least six occupants shall be permitted one multiple commercial use sign. If such development abuts two public roads, a second multiple commercial use sign may be permitted as a special exception by the Zoning Hearing Board subject to the provisions of Article VIII of this chapter.
(2) 
No freestanding sign shall be erected or maintained on any lot where a multiple commercial use sign is erected.
(3) 
The maximum area of a multiple commercial use sign shall not exceed 150 square feet.
(4) 
The maximum height of a multiple commercial use sign shall not exceed 20 feet.
(5) 
The name of the multicommercial development shall encompass at least 40% of the multiple commercial use sign area. The remaining 60% shall be divided among the occupants of the development who desire to use such space, however the sign space of any one occupant shall not exceed 20 square feet. The entire sign shall present a uniform, consistent appearance.
(6) 
Multiple commercial use signs shall be located at least 25 feet from any side lot line and at least the height of the sign from the street line.
(7) 
Multiple commercial use signs shall be located adjacent to the public road(s) serving the multicommercial development.
K. 
Residential development sign.
(1) 
A residential development sign shall be permitted for each residential subdivision or multifamily land development which has at least 10 dwelling units. If such residential development utilizes two or more roads for access, a second residential development sign shall be permitted.
(2) 
The maximum area of a residential development sign shall not exceed 50 square feet.
(3) 
The maximum height of a residential development sign shall not exceed six feet.
(4) 
Residential development signs shall be located adjacent to the primary access drive(s) to the residential development.
L. 
Home occupation sign.
(1) 
A home occupation permitted as a special exception by the Zoning Hearing Board shall be permitted one home occupation sign located on the same lot.
(2) 
A home occupation sign shall not exceed six square feet in area.
(3) 
A freestanding home occupation sign shall not exceed three feet in height, including the supporting structure.
(4) 
A freestanding home occupation sign shall be erected only within the front yard of the lot on which it is located and shall be located at least 10 feet from any side yard lot line.
M. 
Marquee sign.
(1) 
A theater shall be permitted one marquee sign in addition to one building sign.
(2) 
The face of the marquee sign which shall contain the listing of the current attractions shall be parallel to the wall of the building where the main entrance is located.
(3) 
The maximum height of a marquee sign shall be 10 feet, from top of sign to bottom of sign.
(4) 
The maximum width of a marquee sign shall be 35 feet or 40% of the width of the wall on which the marquee sign is located, whichever is smaller.
(5) 
The marquee sign may be located over the main theater entrance at any elevation on the wall or section of the wall on which it is located, provided that it shall not extend higher than the top of the wall at any point.
(6) 
A marquee sign that is illuminated shall only be internally illuminated with no flashing lights. No exposed source of light, bulbs or tubes shall be permitted.
(7) 
A marquee sign shall contain only two colors, white for the background and black for the lettering.
N. 
Tourist-oriented directional signing (TODS).
[Added 9-20-2006 by Ord. No. 2006-02]
(1) 
TODS shall be permitted only with the approval of the Board of Supervisors.
(2) 
Eligible uses shall include those under TODS (or its successor program).
(3) 
The applicant must submit an official Pennsylvania Department of Transportation application showing the location of the sign(s), the size of the sign(s), and the wording on the sign(s).
(4) 
Any conflict with other portions of the Sign Ordinance shall be superseded by this section.
(5) 
The Zoning Officer shall review the application and forward his comments to the Board of Supervisors and issue a permit for said sign(s) upon the approval of the application by the Board of Supervisors.
O. 
Changeable display signs.
[Added 9-21-2011 by Ord. No. 2011-05]
(1) 
Changeable display signs are prohibited except as expressly provided below.
(2) 
Changeable display signs shall comply with all applicable general signage and zoning district regulations of this chapter or as otherwise lawfully permitted.
(3) 
Changeable displays shall only be utilized as a component of a commercial use freestanding sign or a multiple commercial use sign.
(4) 
Changeable displays shall only be located on property frontage along East Lancaster Avenue, Quarry Road, Boot Road and in the OC-1 Zoning District only along Uwchlan Avenue.
[Amended 12-17-2014 by Ord. No. 2014-04]
(5) 
Changeable displays shall be limited to text in the form of letters and numbers, and may include a single image. Changeable displays shall not otherwise include pictures, images or videos.
[Amended 4-19-2017 by Ord. No. 2017-01]
(6) 
Changes in the signage display shall be instantaneous and shall not scroll, flash, scintillate, oscillate, blink or otherwise give the appearance of movement or other variation in display.
(7) 
Changes in the signage display shall include the entire display such that different portions of the display are not changing at different times.
(8) 
Changes in the sign display shall not occur more frequently than once every 60 seconds between 6:00 a.m. and 10:00 p.m.; and the sign display shall remain static (not change at all) between 10:00 p.m. and 6:00 a.m., or be turned off.
[Amended 12-17-2014 by Ord. No. 2014-04; 4-19-2017 by Ord. No. 2017-01]
(9) 
Signage display luminance shall be limited to 7,000 nits (candela per square meter) between sunrise and sunset and up to 250 nits (candela per square meter) during nighttime hours (sunset to sunrise). Signs must employ light-sensing devices or other devices or controls that can automatically adjust the brightness of the display within the limits described herein and also respond appropriately by adjusting to daily ambient light conditions.
[Amended 4-19-2017 by Ord. No. 2017-01]
(10) 
No light source for any changeable display sign shall constitute a nuisance or safety hazard.
(11) 
No more than 1/2 footcandle of light from the sign shall be detectable along the boundary of any adjacent property.
(12) 
Changeable display signs shall be subject to the building and electrical codes of East Caln Township.
(13) 
Changeable display signs may be used for public service and community announcements, but shall not be used for off-premises advertising.
(14) 
A nonconforming sign shall not be converted to, adapted, repurposed or otherwise approved as a changeable display sign unless it is modified to conform with the applicable regulations of the Zoning Ordinance.
[Added 12-17-2014 by Ord. No. 2014-04]
(15) 
Changeable display signs shall be required to coordinate/permit message access for local, regional, state and national emergency services during emergency situations. Emergency messages are not required to conform to message standards listed herein.
[Added 4-19-2017 by Ord. No. 2017-01]
P. 
Window signs.
[Added 1-18-2012 by Ord. No. 2012-01]
(1) 
Individual window signs shall not exceed 30% of the glazed area of the window the sign is located on.
(2) 
The total area of all window signs shall not exceed 20% of the total glazed area of all windows located on the building frontage, provided that the total area of all window signs (per building or storefront) shall not exceed 40 square feet in area, whichever is less.
(3) 
Window panels separated by muntins or mullions shall be considered as one continuous window area for the purpose of calculating the glazed area of a window.
(4) 
Window signs shall not be used in a residential dwelling to promote any nonresidential use or product unless such residence is zoned for commercial use, such product or business is located on said lot, and a commercial certificate is obtained by the owner/occupant.
(5) 
No lights shall be installed for the primary purpose of illuminating window signs.
Q. 
Billboards.
[Added 12-19-2012 by Ord. No. 2012-07]
(1) 
Purpose. It shall be the purpose of this section to provide opportunities for outdoor advertising through the use of billboards by conditional use to:
(a) 
Support the First Amendment rights of advertisers to promote legal products and services while retaining the sense of community and protecting the character of the Township.
(b) 
Ensure that billboards are provided for in the Township and located safely and appropriately where it can be viewed by the traveling public with the least distraction and degradation in driving performance.
(c) 
Place reasonable limits on billboards within the Township.
(d) 
Provide a timely and effective means for emergency and public service dissemination of information.
(e) 
Promote quality, appearance and safety of billboards through the use of the latest technology.
(2) 
Standards. Billboards are prohibited except as expressly provided below.
(a) 
Billboards authorized herein shall not be considered changeable display signs as otherwise permitted and regulated by the Code of the Township of East Caln.
(b) 
One billboard is permitted by conditional use approval from the East Caln Township Board of Supervisors, in addition to other signs which may be permitted by this chapter, on all commercial and industrial properties located in the NR-4, OC-2, OC-3, and OC-5 Zoning Districts which have frontage on State Route 30 (Exton Bypass/Coatesville-Downingtown Bypass [S.R. 6030]).
(c) 
All billboards shall be stationary and utilize digital technology to produce static images which may be changeable via a central processing unit. Billboards shall not scroll, flash, scintillate, oscillate, blink or otherwise give the appearance of movement or other variation in display. Conventional billboards requiring the physical placement of printed content shall not be permitted.
(d) 
All billboards shall be internally lit. No exterior lighting shall be permitted, except in connection with safety or maintenance and as approved by the Township. Illumination of billboard signs shall, at a minimum, follow the standards and requirements of the Illuminating Engineering Society of North America (IESNA) and shall be subject to review and approval by the Township.
(e) 
Changes in the signage display shall not occur more frequently than once every 30 seconds. Changes in the signage display shall include the entire display such that different portions of the display are not changing at different times. Messages may change immediately or fade in or out only.
(f) 
Only one different advertisement, display, or message may appear on a billboard face at any one time. When a billboard has two sides, each of the two sides of a billboard may contain a separate advertisement.
(g) 
Billboards may have not more than two sign faces of equal size, rectangular shape and dimension.
(h) 
The maximum sign face size shall be 240 square feet; inclusive of any border and trim, but excluding the base or apron, supports and other structural members. Extensions, projections and/or add-ons beyond the rectangular perimeter face of the sign are prohibited.
(i) 
Each face of a billboard shall be demonstrated to be oriented toward the road upon which the billboard fronts or faces to cause the least impact upon neighboring properties.
(j) 
Billboards shall be adequately screened, to the satisfaction of the Township, whenever a billboard is visible from a residential district or use.
(k) 
Billboards shall be freestanding and self-supporting. No part or portion of a billboard shall be attached or connected to any other building or structure. All utilities serving the billboard shall be located belowground.
(l) 
There shall be no objects or other structures attached to a Billboard or its structure except as may be necessary for the proper and safe operation and maintenance of the Billboard.
(m) 
Billboards shall be properly and adequately secured to prevent unauthorized access.
(n) 
Billboards, including support structures, shall be properly and regularly maintained and shall at all times be kept in a safe and operational manner.
(o) 
Billboards shall not exceed a maximum overall height of 25 feet above the center line of the adjacent roadway.
(p) 
No portion of the billboard shall be located closer than 20 feet to the ultimate right-of-way line of S.R. 6030 or a side property line; nor farther away than 60 feet from the ultimate right-of-way line of S.R. 6030.
(q) 
Billboards shall not be located closer than 2,000 linear feet on the same side of the roadway or 1,000 linear feet on the opposite side of the roadway from Billboard as measured along the right-of-way line.
(r) 
Billboards shall not be located closer than 500 feet from any dwelling unit.
(s) 
Billboards shall be located, constructed and maintained in accordance with all applicable Pennsylvania Department of Transportation regulations.
(t) 
Notwithstanding Subsection Q(2)(s) above, no billboard shall be located within the safe clear sight distance or safe stopping distance of an intersection, which distance shall be determined in accordance with applicable PA DOT standards; and no part of a billboard shall interfere with or obstruct vehicle traffic, travel or ingress and egress to a public street.
(u) 
Wood and beam frame structures are prohibited. All billboard structures shall be constructed of steel.
(v) 
Billboards shall be subject to the Building, Mechanical and Electrical Codes of East Caln Township.[2]
[2]
Editor's Note: See Ch. 90, Uniform Construction Codes, Arts. II, VII and X, respectively.
(w) 
The applicant shall provide financial security, in a form acceptable to the Township, sufficient to secure to the Township the removal of any billboard upon which no advertising is located or otherwise ceases to be used for a period of three consecutive months. The applicant shall further provide, in a form acceptable to the Township, proof that the record owner and the licensee or other person in control of the signage consents to the removal of the billboard for the reasons as set forth in this subsection, which consent shall be in such form so as to be recorded of record with the Chester County Recorder of Deeds.
(x) 
Audio speakers and/or any form of pyrotechnics are prohibited.
(y) 
An automatic light output adjustment for the billboard shall be provided to minimize light output to appropriate levels for the existing ambient light conditions. The applicant shall demonstrate that the intensity of the display shall not create or constitute a nuisance or safety hazard. However, no more than 1/2 footcandle of light, above adjacent ambient light levels, from the display shall be detectable along the boundary of any adjacent property.
(z) 
Where billboards are visible from a residential district or use, the billboard shall be extinguished automatically by a form of programmable controller, with astronomical and daylight saving time control and automatic outage reset, from 11:00 p.m. until 6:00 an. on the following day.
(aa) 
All signs must be equipped with a properly functioning default mechanism that will stop the sign and return to a solid black display should a malfunction occur.
(bb) 
Billboards shall not advertise adult or sexually oriented businesses or materials or display lewd or obscene images or text.
(cc) 
Notwithstanding anything set forth above, no billboard or billboard display shall constitute a nuisance or safety hazard. No electrical interference with other uses shall be permitted.
(3) 
Public safety. The applicant shall be required to coordinate/permit message access for local, regional, state and national emergency services during emergency situations. Emergency messages are not required to conform to the message standards set forth herein.
(4) 
Land development. The erection of a billboard shall constitute land development and be subject to the subdivision and land development requirements of the Code of the Township of East Caln.[3]
[3]
Editor's Note: See Ch. 185, Subdivision and Land Development.
A. 
Specific intent. The purpose of this section is to conserve natural resources and prevent erosion and pollution in the public interest and for the public good and welfare. This section shall apply to all applications for subdivision and land development.
B. 
Regulations for removal and replacement.
(1) 
Prior to construction of each dwelling unit or other building, the developer shall stake in the field the location of the building foundation, driveway and any utility easements to be constructed and cleared in the course of said construction. Following the placement of stakes, the developer shall notify the Township and the Township will, following notification to the developer of the time for the same, conduct an inventory of trees greater than or equal to six inches in caliper located on the lot and no less than 10 feet from the staked construction. In order to facilitate this procedure, the developer shall apply for building permits in groups of no more than 10 neighboring dwelling units or buildings. Following construction, an inventory will again be conducted and, for each such tree materially damaged or removed beyond the prescribed area caliper size, replacement shall be as follows:
Caliper of Tree to be Removed
(inches)
Minimum Number and Minimum Caliper of Tree to be Planted as a Replacement
(inches)
12 to 18
One, 5-5 1/2 or three, 3 1/2
18 to 24
One, 6-6 1/2 or four, 3 1/2
Greater than 24
Two, 6-6 1/2 or five, 3 1/2
(2) 
Upon application for a building permit, the applicant shall indicate thereon the location of all trees as described in Subsection B(1) above which must be removed because of construction of a building, driveways and recreation areas on the lot. Such trees may be removed upon approval of the Building Inspector. The Building Inspector shall issue a building permit only after the inspection of the proposed site to verify compliance with the terms of this section.
(3) 
The provisions of this section shall not apply to any person who owns and occupies a premises whereon a tree to be removed is growing, nor to members of his immediate family, servants and employees nor to persons owning or working in orchards or nurseries.
C. 
Protection of vegetation from mechanical injury and grading change.
(1) 
All trees greater than or equal to 12 inches to be retained within 25 feet of a building site, parking area or other proposed improvement shall be protected from equipment damage by snow fencing or other effective barriers approved by the Township; fencing or barriers around trees shall be placed at the drip line, unless determined to be appropriate at another location by the Township.
(2) 
No damage shall be inflicted upon any existing tree trunks and root systems by any means including driving heavy equipment within or otherwise disturbing the area circumscribed by the drip line of any tree. In addition, roots shall not be cut or disturbed within the area circumscribed by the drip line of any tree. If there is no alternative to locating a utility line within the tree drip line, tunneling is recommended, rather than trenching, to minimize potential damage to tree root systems. In such cases, the Township shall determine the most desirable location of this trench. Where trenching is unavoidable, trenched holes shall be filled as soon as possible and tamped lightly to avoid the creation of air spaces.
(3) 
Tree trunks or exposed roots damaged during construction shall be protected from further damage by fencing or other structural barrier. Treatment of damaged areas shall be dictated by the nature of the injury, e.g., damaged bark shall be cut back to a point where the bark is intact and tight to the tree; exposed roots shall be pruned back and covered with topsoil; tree limbs shall be cut back in proportion to the root area loss. Damage shall be pruned with a sharp instrument. All pruning implements shall be cleaned with isopropyl alcohol between work on each individual tree to eliminate the spread of pathogens. In such cases, the Township shall have the authority to determine the treatment technique(s) most suitable to the damaged area. In addition, where stipulated by the Township, liquid or dry fertilizer shall be applied to trees with disturbed root zones to compensate for loss of roots.
(4) 
Trees shall not be used for roping, cables, signs, fencing or lighting. Nails and spikes shall not be driven into trees.
(5) 
The area around the base of existing woody vegetation shall be left open. No impervious cover, storage of equipment, materials, debris or fill shall be allowed within the drip line of any existing tree.
(6) 
Grade changes at any location on the property shall not result in an alteration to soil or drainage conditions which may adversely affect existing vegetation to be retained following site disturbance, unless adequate provisions are made to protect such vegetation and its root systems.
(7) 
The Township may require that specimen plants with significant historic, visual or environmental qualities which would otherwise be removed during site preparation under the provisions of Subsection B(1) above be transplanted elsewhere.
(8) 
Should any existing vegetation on the site not scheduled or permitted to be removed be irreparably damaged during site preparation and die within 18 months of the conclusion of site disturbance activities, such vegetation shall be removed and replaced with similar vegetation in accordance with the requirements of Subsection B(1) above.
[Added 8-18-1999 by Ord. No. 1999-6]
A. 
Specific intent. It is the purpose of this section to provide an opportunity for landowners to obtain the allowable density of the underlying zoning district when environmental features constrain the property or when open space recreation is proposed for the undeveloped portion of the property. Such opportunity shall be accomplished through conditional use approval.
B. 
Use regulations. A building may be erected, altered or used and a lot may be used or occupied in accordance with the use regulations of the underlying zoning district. In addition, detached, semidetached, townhouse and apartment type units are permitted in the R-3 Residential District when approved pursuant to this section.
C. 
Height, area and bulk regulations. When the following standards are complied with, a tract of not less than 10 acres (gross tract area), may be developed in accordance with the following regulations:
(1) 
Maximum density (gross tract area):
(a) 
R1: one dwelling unit per acre.
(b) 
R2: two dwelling units per acre.
(c) 
R3: four dwelling units per acre.
(2) 
Height, area and bulk regulations.
(a) 
Single-family residential dwelling.
[1] 
Maximum height: 35 feet but not exceeding three stories.
[2] 
Minimum lot area: 8,000 square feet for each lot.
[3] 
Maximum number of units. The maximum number of units shall be based on the permitted density [per Subsection C(1) above] of the underlying zoning district and the gross tract area. For the purposes of this section, the lot area reduction formulas set forth in § 225-15G shall not apply to the tract as a whole nor to the individual lots.
[4] 
Minimum lot width. The minimum lot width at the building line shall be 70 feet. The minimum lot width at the street line shall be 40 feet for the depth (perpendicular to the street line) of 30 feet. No lot shall have a width of less than 25 feet at any point.
[5] 
Minimum yard requirements.
[a] 
Front yard: 25 feet. Corner lots shall have two front yards of at least 25 feet each.
[b] 
Side yard. On each lot there shall be two side yards. The minimum width of any side yard shall be five feet. Within a given subdivision, the combined side yards on a lot and the combined side yards between dwelling on adjacent lots shall have a minimum aggregate width of 20 feet. A corner lot shall be considered to have two front yards and two side yards (each being opposite a front yard) and no rear yard. Perimeter lots adjacent to another subdivision shall have a minimum side yard of 10 feet.
[c] 
Rear yard: 30 feet.
[6] 
Maximum building coverage: 35%.
[7] 
Maximum lot coverage: 45%.
[8] 
All dwellings shall be served by both public sewer and public water utilities.
(b) 
Single-family semidetached dwellings and townhouses.
[1] 
Maximum height: 35 feet, but not exceeding three stories. Accessory buildings or structures shall not exceed 16 feet.
[2] 
Minimum lot area.
Use
Minimum Lot Area
(square feet)
Semidetached Dwelling
4,000
Townhouse
2,200
[3] 
Maximum number of units. The maximum number of units shall be based on the permitted density [per Subsection C(1)] of the underlying zoning district and the gross tract area. For the purposes of this section, the lot area reduction formulas set forth in § 225-15G shall not apply to the tract as a whole nor to the individual lots.
[4] 
Minimum lot width.
Use
Minimum Lot Width
Semidetached Dwelling
40 feet at the front setback line 25 feet at the R.O.W. line
Townhouse
22 feet at the front setback line
[5] 
Minimum yard requirements.
[a] 
Front yards: 25 feet. Corner lots shall have two front yards of at least 25 feet each.
[b] 
Side yards.
[i] 
Semidetached dwelling. On each lot there shall be one side yard having a width of not less than 15 feet for each dwelling unit, except for corner lots.
[ii] 
Townhouse. End units shall be setback a minimum of 15 feet from the exterior side lot line.
[c] 
Rear yard: 30 feet.
[6] 
Maximum building coverage: 50%.
[7] 
Maximum lot coverage: 65%.
[8] 
All dwellings shall be served by both public sewer and public water utilities.
(c) 
Multifamily dwellings; apartment.
[1] 
Minimum lot area/unit: 5,000 square feet.
[2] 
Maximum number of units. The maximum number of units shall be based on the permitted density [per Subsection C(1)] of the underlying zoning district and the gross tract area. For the purposes of this section, the lot area reduction formulas set forth in § 225-15G shall not apply to the tract as a whole nor to the individual lots.
[3] 
Minimum lot width: 150 feet.
[4] 
Maximum height: 40 feet, but not exceeding three stories.
[5] 
Minimum yard requirements.
[a] 
Front yard: 25 feet. Corner lots shall have two front yards of at least 25 feet each.
[b] 
Side yard: 50 feet from side lot lines.
[c] 
Rear yard. There shall be a rear yard on each lot other than a corner lot, the depth of which shall not be less than 30 feet.
[d] 
Distance between buildings: 50 feet.
[6] 
Maximum building coverage: 30% of area not identified as conservation/open space area.
[7] 
Maximum lot coverage: 60% of the area not identified as conservation/open space area.
[8] 
Maximum single facade length: 5:1 length to height.
[9] 
All dwellings shall be served by both public sewer and public water utilities.
(3) 
Conservation/open space area.
(a) 
A minimum of 40% of the gross tract area shall be designed, restricted and used as conservation and/or open space areas.
(b) 
Areas counted for the conservation/open space requirements may be used in whole in part for active and/or passive recreational uses, and for natural resource preservation or in any manner similar thereto; provided, however, that the type of recreational uses permitted within conservation/open space areas shall be limited to those which are appropriate based upon the prevailing environmental conditions and as approved by the Township.
(c) 
Conservation/open space areas shall be arranged and located to take advantage of physical characteristics of the site and to place open spaces within easy access and view of dwelling units, at the same time preserving, and where applicable, enhancing natural features and environmentally sensitive areas such as woodlands, lakes, stream valleys and steep slope areas.
(d) 
Areas set aside for conservation/open space shall be suitable for the designated purpose and shall be consistent with the Comprehensive Plan policy for future land use in the Township. Conservation or open space areas shall contain no structures other than structures related to permitted open space uses, stormwater management or utilities.
(e) 
Any land counted toward the conservation/open space requirements shall be made subject to a declaration of covenants, restrictions and easements in a form acceptable to the Township Solicitor and duly recorded in the Chester County Office of the Recorder of Deeds. Such covenants, restrictions and easements shall prohibit development or further subdivision of open spaces except as to permit recreational uses.
(f) 
Conservation/open space areas may be dedicated to the Township for conservation or open space recreational use. In the event that the conservation/open space area or any portion thereof is not accepted by the Township the developer shall, at the Board of Supervisor's discretion, provide for its ongoing maintenance and ownership by one of the following methods:
[1] 
Conservation subdivision only. Create deed restricted conservation areas within some or all of the fee simple lots. Each individual property owner shall be responsible for the maintenance and operation of the conservation lands within their lot. Whether access to such conservation areas shall be provided to all residents or restricted from use shall be decided during the conditional use approval process and approved by the Board of Supervisors. Any deed restricted conservation area shall provide that in the event the landowner shall at any time after establishment of the conservation subdivision fail to maintain the conservation area in reasonable order and condition in accordance with the development plan in the opinion of the Township, the Township may proceed to demand that the maintenance deficiencies be corrected and may enter upon and maintain the conservation area if proper maintenance is not timely performed by the landowner. The cost of such maintenance by the Township shall be assessed against the property in question as a municipal lien. The Township, at the time of entering upon said conservation area for the purpose of maintenance, shall file a notice of lien in the Chester County office of the Prothonotary.
[2] 
Conservation/open space subdivisions. Establish an organization for the ownership and maintenance of the conservation/open space. Such organization shall not be dissolved nor shall it dispose of the conservation/open space by sale or otherwise (except to an organization conceived and established to own and maintain conservation/open space, subject to Township approval), except by dedication to the Township. The legal documents creating the organization shall be subject to Township approval and shall allow the organization to lien property owners within the conservation/open space subdivision for conservation/open space maintenance costs. All property owners within the subdivision shall be members of said organization. The organization may lease conservation/open space lands to the developer or other qualified person or corporation for operation and maintenance of conservation/open space lands, provided that: (a) the residents of the conservation/open space subdivision shall, at all times, have access to the conservation/open space; (b) the conservation/open space shall be properly maintained for the purposes set forth in this chapter and as allowed by the Township, and (c) the operation of the conservation/open space may be for the benefit of the residents of the subdivision only or open to the general public. The documents providing for the ownership and maintenance of the conservation/open space shall include:
[a] 
A complete description of the organization to be established for the ownership of the conservation/open space including its means of establishment, maintenance and financing. A method for assessing mandatory fees on all property owners in the conservation/open space subdivision for maintenance of the conservation/open space shall be provided. The obligation of each property owner relative to conservation/open space ownership, maintenance and mandatory membership in said organization shall be evidenced by documents in the chain of title for each lot.
[b] 
A method to give adequate notice to property owners within the conservation/open space subdivision in the event of the sale or other disposition of any part of the conservation/open space and in the event of assumption of the maintenance of conservation/open space lands by the Township as hereinafter provided.
[c] 
That in the event the organization established to own and maintain the conservation/open space, or any successor thereto, shall at any time after establishment of the conservation/open space subdivision fail to maintain the conservation/open space in reasonable order and condition in accordance with the development plan in the opinion of the Township, the Township may proceed to demand that the maintenance deficiencies be corrected and may enter upon and maintain the conservation/open space if proper maintenance is not timely performed by the organization. The cost of such maintenance by the Township shall be assessed ratably against the properties within the conservation/open space subdivision and shall become a municipal lien on said properties. The Township, at the time of entering upon said conservation/open space for the purpose of maintenance, shall file a notice of lien in the Chester County office of the Prothonotary upon the properties within the conservation/open space subdivision.
[3] 
Under no circumstances are motorized vehicles authorized within any conservation/open space area, except for the performance of public safety or maintenance of such area and the governing document restricting the use of such areas shall so specify.
(4) 
Steep slope controls in conservation or open space subdivision. The development of conservation and/or open space subdivisions shall comply with the provision set forth in § 225-23.
[Added 7-21-2004 by Ord. No. 2004-06]
The Township may maintain or authorize on all municipal property in all zoning districts any use or structure necessary or appropriate for the proper and efficient exercise of the Township's governmental powers, functions and duties as determined by the Board of Supervisors following review by the Township Planning Commission.