The provisions of this article represent regulations and standards which are common to all zoning districts. Unless exempted by applicable provisions or specified limitations, the following common regulations shall apply to all by-right uses and all uses permitted by special exception or conditional use. In the event that the provisions of this article conflict with other provisions of this chapter, the more restrictive provisions shall apply.
Federal and state owned property shall be subject to the provisions of this chapter only insofar as permitted by the Constitution and laws of the United States of America and of the Commonwealth of Pennsylvania.
A. 
Reduction of lot area. No lot shall be so reduced through subdivision that the area of the lot or the dimensions of the required yards and open spaces shall be smaller than herein prescribed.
B. 
Modification of front yard requirements. The front yard of a proposed building in any district may be decreased in depth to the average alignment or setback of existing buildings within 100 feet on each side of the proposed building, provided such calculation is limited to the same block. Such reduction may occur when the alignment of existing buildings is less than the front yard requirement for the applicable district. However, in no case shall said front yard encroach within the legal right-of-way of a street.
C. 
Projections into required yards. No building and no part of a building shall be erected within or shall project into any required yard in any district, except:
(1) 
A buttress, chimney, cornice, pier or pilaster of a building may project not more than 18 inches into a required yard.
(2) 
Open, unenclosed fire escapes, steps, bay windows and balconies may project not more than three feet into a required yard.
(3) 
A terrace, patio, or unenclosed porch that does not extend above the level of the first floor of the building, may be erected to extend into a required front or rear yard a distance of not more than six feet, provided that it shall not extend into such yard more than 1/5 the required depth of the yard.
(4) 
A pump, light standard, air tower, water outlet, or similar installation of a gasoline service station, where permitted, may be placed within a required front yard, but in no case closer to a street line than 15 feet.
(5) 
Accessory uses as specified in § 370-36 and fences as specified in § 370-74.
D. 
Corner and reverse frontage lots.
(1) 
Corner lots. A front yard as provided for in the lot area, bulk, and coverage requirements for the various districts shall be required on each street on which a corner lot abuts. Accessory buildings shall be located behind the setback lines of both streets.
(2) 
Reverse frontage lots. For reverse (double) frontage lots, the minimum front yard setback shall be met along the street for which the United States Postal District mailing address is assigned. Accessory buildings shall be located behind the setback lines of both streets.
E. 
Height limitations. No building or structure shall exceed the height limitations of this chapter, except for church spires, belfries, cupolas, monuments, observation towers, transmission towers, water towers, chimneys, smoke stacks, flagpoles, masts, windmills, solar panels, and other similar structures not devoted to human occupancy, provided the minimum setback for each structure from any lot line is a distance equal to or greater than the proposed height unless otherwise provided for in this chapter.
A. 
No fence or wall shall be erected and no hedge tree, shrub, or other vegetative growth shall be maintained which may obstruct required sight distance at street intersections, public streets, private roads or driveways in accordance with Chapter 320, Subdivision and Land Development, or § 370-82D of this chapter.
B. 
Unless otherwise required in this chapter, no fence or wall, except a retaining wall, or a wall of a building permitted under the terms of this chapter, over six feet in height, shall be erected within any of the yards required by this chapter unless that portion of the fence or wall which exceeds six feet in height has a ratio of open area to solid area of at least 4:1.
C. 
Fences or walls that are in conformance with all of the provisions of this and other applicable ordinances may be permitted within required setbacks.
D. 
Fences or walls shall not be located in drainage easements or drainage swales that are part of an approved storm water management plan.
E. 
Where the foregoing provisions conflict with landscaping, buffer area, planting or screening requirements, the Zoning Officer shall resolve the differences.
The following performance standards shall apply to all districts:
A. 
Air quality.
(1) 
There shall be no emission of smoke, ash, dust, fumes, vapors, gases, or other matter toxic or noxious to air which violates the Pennsylvania Air Pollution Control Laws, including the standards set forth in Chapter 103 (Standards for Contaminants), Chapter 131 (Ambient Air Quality Standards), and Article III, Title 25, Pennsylvania Department of Environmental Protection, Rules and Regulations.
(2) 
Visible air contaminants shall not be emitted in such a manner that the opacity of the emissions is equal or greater than 20% for a period or periods aggregating more than three minutes in any one hour or equal to or greater than 60% in any one time and shall comply with Pennsylvania Code Title 25, Chapter 127.A(7), or its most recent update.
(3) 
No user shall operate or maintain or be permitted to operate or maintain any equipment, installation or device which, by reason of its operation or maintenance, will discharge contaminants to the air in excess of the limits prescribed herein unless he shall install and maintain in conjunction therewith such control as will prevent the emission into the open air of any air contaminant in a quantity that will violate any provision of this chapter.
B. 
Fire and explosive hazards.
(1) 
All activities and all storage of flammable and explosive material at any point shall be provided with adequate safety devices against the hazard of fire and explosion, and adequate fire fighting and fire suppression equipment, and devices as detailed and specified by the laws of the Commonwealth of Pennsylvania.
(2) 
All buildings and structures and activities within such buildings and structures shall conform to the Building Code, and other applicable Township codes and ordinances. Any explosive material shall conform to the requirements of Chapter 211, Title 25, Rules and Regulations, Pennsylvania Department of Environmental Protection, for storing, handling and use of explosives.
C. 
Glare and heat.
(1) 
No direct or sky-reflected glare from high temperature processes, such as combustion, welding or otherwise shall be permitted so as to be visible at the lot line. These regulations shall not apply to signs or floodlighting of parking areas otherwise in compliance with § 370-77 of this chapter.
(2) 
There shall be no emission or transmission of heat or heated air so as to be discernible at the lot line.
D. 
Liquid and solid waste. There shall be no discharge at any point into any public or private sewerage system, or watercourses or into the ground, of any liquid and solid waste materials in such a way or of such a nature, as will contaminate or otherwise cause the emission of hazardous materials in violation of the laws of North Coventry Township and the Commonwealth of Pennsylvania, and specifically Chapters 73, 75, 95 and 97, Title 25, Pennsylvania Department of Environmental Protection, Rules and Regulations, as supplemented or amended.
E. 
Noise. Noise shall be controlled in conformance with the requirements and performance standards of Chapter 237, Noise.
F. 
Odor.
(1) 
No uses, except agricultural operations, shall emit odorous gases, or other odorous matter in such quantities to be offensive at any point on or beyond its lot lines.
(2) 
The guide for determining such quantities of offensive odors shall be the 50% response level of Table 1 (Odor Thresholds in Air), "Research or Chemical Odors: Part I - Odor Thresholds for 53 Commercial Chemicals," October 1968, Manufacturing Chemists Association, Inc., Washington, D.C.
G. 
Vibration. No vibration shall be produced which is transmitted through the ground and is discernible without the aid of instruments at or at any point beyond the lot lines nor shall any vibration produced exceed 0.002g peak measured at or beyond the lot line using either seismic or electronic vibration measuring equipment.
H. 
Radioactivity.
(1) 
There shall be no activities which emit dangerous levels of radioactivity at any point.
(2) 
No operation involving radiation hazards shall be conducted which violates the regulations and standards established in Title 10, Part 20, Code of Federal Regulations, "Standards for Protection Against Radiation," in its latest revised form.
(3) 
In addition, any proposed use which incorporates the use of radioactive material, equipment or supplies, shall be in strict conformity with Chapters 211, 223, 227 and 229, Title 25, Article V, Pennsylvania Department of Environmental Protection, Rules and Regulations.
I. 
Electrical and electromagnetic interference.
(1) 
There shall be no radio or electrical disturbance adversely affecting the operation of equipment belonging to someone other than the creator of disturbance.
(2) 
No use, activity, or process shall be conducted which produces electromagnetic interference with normal radio or television reception from off the premises where the activity is conducted.
J. 
Public health and safety. No use shall create any other objectionable condition in an adjoining area which will endanger public health and safety or be detrimental to the proper use of the surrounding area.
A. 
General requirements.
(1) 
Outdoor storage of man-made products shall be screened from view of public rights-of-way and adjacent residential uses. Screening shall be in accordance with § 370-79.
(2) 
Outdoor storage facilities for fuel, raw materials and products shall be enclosed with an approved safety fence compatible with the architectural and landscaping style employed on the lot. In addition to a fence, bulk storage tanks shall be enclosed by a moat or berm to contain potential spillage.
(3) 
All organic refuse or garbage shall be stored in tight, vermin-proof containers. In multiple-family, commercial, and industrial developments, garbage storage shall be centralized to expedite collection and enclosed on three sides by an architectural screen or plantings.
(4) 
No highly flammable or explosive liquids, solids, or gases shall be stored in bulk above ground, except the following:
(a) 
Tanks or drums of fuel connected directly with and located and operated on the same lot as the energy devices or heating appliances they serve.
(b) 
Tanks or drums for storage of not more than 300 gallons of fuel oil (other than that used for home heating) or gasoline or diesel fuel, provided such tanks are located no closer than 25 feet to any building or lot line or 50 feet from any street line.
(5) 
No materials or wastes shall be deposited upon a lot in such form or manner that they may be transported off the lot by natural causes or forces, nor shall any substance which can contaminate a stream or watercourse or otherwise render such stream or watercourse undesirable as a source of water supply or recreation, or which will destroy aquatic life, be allowed to enter any stream or watercourse.
(6) 
Unless otherwise permitted by this chapter, no more than one vehicle without a license or without proof of inspection shall be stored outside per lot, and no vehicle without a license or without proof of inspection may be stored outside on any lot for more than six months.
B. 
Residential outdoor storage.
(1) 
Major recreational equipment.
(a) 
For purposes of this chapter, major recreational equipment shall include boats and boat trailers, travel trailers, pickup campers or coaches (designed to be mounted on automotive vehicles), tent trailers, snowmobiles, and the like, and apparatus used for transporting recreational equipment, whether or not currently being used for the purpose.
(b) 
Major recreational equipment shall not be parked or stored on any lot in any residential district except in a carport or enclosed building or to the rear of the rear most wall of the dwelling; provided, however, that such equipment may be parked anywhere on residential premises for a period not to exceed 24 hours during loading and unloading. For the purposes of this section, if the rear yard of the premises is adjoining the side yard of an adjacent residential lot, it shall be considered to be the side yard, rather than the rear yard. [See also § 370-36B(8).]
(c) 
No such equipment shall be used for dwelling purposes on a residential lot.
(2) 
Storage of trailers when left in place and used as an extension to the building are not permitted in residential districts.
(3) 
No storage shall be permitted within the front yard of any lot.
C. 
Industrial and commercial outdoor storage. For all industrial and commercial districts or uses, storage of materials, equipment or vehicles, but not including parking and similar activities, shall be carried on within a building, except that outdoor storage for a permitted industrial or commercial use may be authorized where all of the following conditions are met:
(1) 
The industrial or commercial use involved traditionally employs outdoor storage.
(2) 
Such storage is needed for the successful operation of the use, and the proposed site is suitable for outdoor storage.
(3) 
It can be shown that indoor storage is not practical.
(4) 
The standards described in § 370-82, Access and traffic control, herein, shall be met.
(5) 
The storage shall comply with all applicable setback requirements and shall cover only that percentage of total lot area which is deemed practical and feasible in the opinion of the Zoning Hearing Board. Wherever feasible, outdoor storage shall be located to the side or rear of the property.
(6) 
The storage area shall be screened from view from any public right-of-way or any residential district by buildings, walls, or an effective screen as defined in Article II of this chapter.
(7) 
Any establishment which furnishes shopping carts or mobile baskets as an adjunct to shopping shall provide definite areas within the building and parking space area for storage of said carts. In no case shall any such cart be allowed to be removed more than 300 feet from said establishments. Each designated storage area shall be enclosed by a barrier at least six inches higher than the parking area surface, shall be clearly marked for storage of shopping carts. All shopping carts shall be stored indoors or otherwise secured during non-operating hours.
(8) 
Outdoor storage of raw materials and/or finished products shall be permitted only within the buildable area of the lot behind the front building line of the principal buildings, and shall not exceed eight feet in height.
A. 
Purpose. To require and set minimum standards for outdoor lighting to:
(1) 
Provide for and control lighting in outdoor public places where public health, safety and welfare are potential concerns.
(2) 
Protect drivers and pedestrians from the glare of nonvehicular light sources.
(3) 
Protect neighbors and the night sky from nuisance glare and light trespass from improperly selected or poorly placed, aimed, applied, maintained or shielded light sources.
(4) 
Promote energy efficient lighting design and operation.
(5) 
Protect and retain the intended visual character of the various Township venues.
B. 
Applicability.
(1) 
All uses within the Township where there is outdoor lighting, including, but not limited to, residential, multifamily residential, commercial, industrial, public and private recreational/sports, institutional uses, and sign, billboard, architectural and landscape lighting.
(2) 
Temporary seasonal decorative lighting and emergency lighting are exempt from all but the glare-control requirements of this chapter.
C. 
Definitions.
FOOTCANDLE
Unit of light intensity stated in lumens per square foot and measurable with an illuminance meter, aka, light meter.
FULL CUTOFF
Attribute of a lighting fixture from which no light is emitted at or above a horizontal plane drawn through the bottom of the fixture and no more than 10% of the lamp's intensity is emitted at or above an angle 10º below that horizontal plane, at all lateral angles around the fixture.
GLARE
Excessive brightness in the field of view that causes loss in visual performance or annoyance, to jeopardize health, safety or welfare.
ILLUMINANCE
Quantity of light, measured in footcandles.
LIGHT TRESPASS
Light emitted by a lighting fixture or installation, which is cast beyond the boundaries of the property on which the lighting installation is sited.
LUMEN
The light-output rating of a lamp (light bulb), as used in the context of this chapter.
D. 
Criteria.
(1) 
Illumination levels. Lighting, where required by this chapter, or otherwise required by the Township, or proposed by applicant, shall have intensities and uniformities in accordance with the recommended practices of the Illuminating Engineering Society of North America (IESNA), unless otherwise directed by the Township.
(2) 
Lighting fixture design.
(a) 
Fixtures shall be of a type and design appropriate to the lighting application and aesthetically acceptable to the Township.
(b) 
For the lighting of predominantly horizontal surfaces such as, but not limited to, roadways, vehicular and pedestrian passage areas, merchandising and storage areas, automotive-fuel dispensing facilities, automotive sales areas, loading docks, culs-de-sac, active and passive recreational areas, building entrances, sidewalks, paths, site entrances and parking areas, fixtures shall be aimed straight down and shall meet IESNA full-cutoff criteria. Fixtures with an aggregate wattage per-fixture that does not exceed the output of a standard 60-watt incandescent lamp, i.e., 1,000 lumens, are exempt from the requirements of this subsection.
(c) 
For the lighting of nonhorizontal surfaces such as, but not limited to, facades, landscaping, signs, billboards, fountains, displays, flags and statuary, the use of lighting fixtures that are installed and aimed so as to project their output into the windows of neighboring residences, adjacent uses, past the object being illuminated, skyward or onto a public roadway shall not be permitted. Fixtures with an aggregate wattage per-fixture that does not exceed the output of a standard 60-watt incandescent lamp, i.e., 1,000 lumens, are exempt from the requirements of this subsection.
(d) 
Barn lights, aka "dusk-to-dawn lights," shall not be permitted where they are visible from other uses unless fitted with a reflector to render them full cutoff.
(3) 
Control of glare.
(a) 
All lighting shall be aimed, located, designed, fitted and maintained so as not to present a hazard to drivers or pedestrians by impairing their ability to safely traverse and so as not to create a nuisance by projecting or reflecting objectionable light onto a neighboring use or property.
(b) 
Parking facility and vehicular and pedestrian way lighting (except for safety and security applications), for commercial, industrial and institutional uses shall be automatically extinguished no later than one hour after the close of business or facility operation. When safety or security lighting is proposed by applicant for after-hours illumination, it shall not be in excess of 33% of the illumination levels normally required or permitted during business hours.
(c) 
Illumination for signs, billboards, building facades and/or surrounding landscapes for decorative, advertising or aesthetic purposes is prohibited between 11:00 p.m. and dawn, except that such lighting situated on the premises for a commercial establishment may remain illuminated while the establishment is actually open for business, and until one hour after closing.
(d) 
Vegetation screens shall not be employed to serve as the primary means for controlling glare. Rather, glare control shall be achieved primarily through the use of such means as cutoff fixtures, shields and baffles, and appropriate application of fixture mounting height, wattage, aiming angle and fixture placement.
(e) 
The intensity of illumination projected from any use onto a residential use shall not exceed 0.1 initial vertical footcandle, measured line of sight from any point on the receiving residential property.
(f) 
Externally illuminated billboards and signs shall be lighted by fixtures mounted at the top of the billboard or sign and aimed downward. The fixtures shall be designed, fitted and aimed to place the light output on and not beyond the sign or billboard.
(g) 
Fixtures not meeting IESNA full-cutoff criteria shall not be mounted in excess of 16 feet above finished grade. Fixtures meeting IESNA full-cutoff criteria shall not be mounted in excess of 20 feet above finished grade. For recreational lighting maximum mounting height requirements, refer to Chapter 320, Subdivision and Land Development, § 320-56, under "recreational uses."
(h) 
Fixtures not aimed straight down, for such applications as facade, fountain, feature and landscape illumination shall be aimed so as not to project their output beyond the objects intended to be illuminated, shall be extinguished between the hours of 11:00 p.m. and dawn and shall not be in conflict with the Township's aim to maintain its rural character.
(i) 
Only the United States and the state flag shall be permitted to be illuminated from dusk till dawn and each flagpole shall be illuminated by a single source with a beam spread no greater than necessary to illuminate the flag. Flag lighting sources shall not exceed 10,000 lumens per flagpole.
(j) 
Under-canopy lighting, for such applications as a gas/service station, hotel/theater marquee, fast-food/bank/drugstore drive-thru, shall be accomplished using flat-lens full-cutoff fixtures aimed straight down and shielded in such a manner that the lowest opaque edge of the fixture shall be below the light source. The average illumination intensity in the area directly below the canopy shall not exceed 20 maintained footcandles and the maximum intensity shall not exceed 40 maintained footcandles.
(4) 
Installation.
(a) 
Electrical feeds for lighting standards shall be run underground, not overhead.
(b) 
Poles supporting lighting fixtures for the illumination of parking areas and located directly behind parking spaces, or where they could be hit by snow plows, shall be placed a minimum of five feet outside paved area or tire stops, or placed on concrete pedestals at least 30 inches high above the pavement, or suitably protected by other Township-approved means.
(c) 
Pole mounted fixtures for lighting horizontal tasks shall be aimed straight down.
(5) 
Maintenance. Lighting fixtures and ancillary equipment shall be maintained so as to always meet the requirements of this chapter.
E. 
Plan submission. Lighting plans, when requested by the Township, shall be submitted for variance, building permit and special exception applications for review and approval, in accordance with the plan-submission information requirements specified in Chapter 320, Subdivision and Land Development, § 320-56, Lighting requirements and design standards.
F. 
Compliance monitoring.
(1) 
Safety hazards.
(a) 
If the Township judges a lighting installation creates a safety hazard, the person(s) responsible for the lighting shall be notified and required to take remedial action.
(b) 
If appropriate corrective action has not been effected within 15 days of notification, the Township may take appropriate legal action.
(2) 
Nuisance glare and inadequate illumination levels.
(a) 
When the Township judges an installation produces unacceptable levels of nuisance glare, skyward light, excessive or insufficient illumination levels or otherwise varies from this chapter, the Township may cause notification of the person(s) responsible for the lighting and require appropriate remedial action.
(b) 
If the infraction so warrants, the Township may act to have the problem corrected as in Subsection F(1)(b) above.
G. 
Nonconforming lighting. Any lighting fixture or lighting installation existing on the effective date of this chapter that does not conform with the requirements of this chapter shall be considered as a lawful nonconformance. A nonconforming lighting fixture or lighting installation shall be made to conform with the requirements of this chapter when:
(1) 
Minor corrective action, such as re-aiming or shielding can achieve conformity with the applicable requirements of this chapter.
(2) 
It is deemed by the Township to create a safety hazard.
(3) 
It is replaced by another fixture or fixtures, abandoned or relocated.
(4) 
There is a change in use.
A. 
Utilities.
(1) 
When practicable, all utilities shall be placed underground in residential and commercial districts. Aboveground utilities shall be permitted by special exception in the Industrial Districts (I-1, I-2) and in the Town Center District (TC).
(2) 
The setback, lot area and bulk regulations of this chapter shall apply to any proposed building or extension, used or to be used by a public utility corporation, unless upon petition of the corporation, the Pennsylvania Public Utility Commission (PUC) shall decide that the situation of the building in question is necessary for the welfare of the general public.
B. 
Sewerage.
(1) 
All uses shall be served by a sewage system consistent with the policies and recommendations of the North Coventry Act 537 Wastewater Facilities Plan and the requirements of Chapter 320, Subdivision and Land Development, as amended. Proposed sewage systems shall be reviewed and approved by the Pennsylvania Department of Environmental Protection and the Chester County Department of Health, as applicable.
(2) 
Underground sewage pumping stations of the North Coventry Municipal Authority shall not be subject to minimum setback requirements, minimum lot size requirements, minimum lot width requirements, or any other area or bulk requirements of this chapter, nor any other provisions of Article XI or XII, except that each underground sewage pumping station shall have provisions for a pull-off area to accommodate off-street parking of a maintenance vehicle.
C. 
Water supply.
(1) 
Where available, proposed uses shall connect with the public water service in accordance with Chapter 150, Construction Codes, Uniform, of the North Coventry Code.
(2) 
North Coventry Water Authority is the lessee/operator of the public water system owned by North Coventry Township, which is the lessor.
(3) 
Underground pumping on pressure adjusting stations of the North Coventry Water Authority shall not be subject to the minimum lot size requirements, minimum lot width requirements, or any other area or bulk requirements of this chapter, nor any other provisions of Article XI or XII, except that each underground facility shall have provisions for a pull-off area to accommodate off-street parking of a maintenance vehicle.
D. 
Stormwater management and erosion control. All uses must meet the regulations of Chapter 194, Grading, Erosion and Sediment Control; Stormwater Management, and applicable portions of this and other local ordinances as well as federal, state, and county requirements to control stormwater runoff and reduce sedimentation and erosion problems.
[Amended 1-27-2014]
Buffering and screening shall be provided as required by § 320-54 of Chapter 320, Subdivision and Land Development.
Landscaping shall be provided in conformance with the requirements of § 320-54 of Chapter 320, Subdivision and Land Development.
[Added 4-7-2014]
A. 
Except as provided under Article IV of the Pennsylvania Municipal Planning Code, no building, structure, or improvement shall be located within the right-of-way of any street, greenway, or other feature designated as a "Potential Future Reservation" on the North Coventry Township Official Map.[1]
[1]
Editor's Note: The Official Map is on file in the Township offices.
B. 
Unless the reservation for future taking or acquisition of any street or public easement on the Official Map has lapsed in accordance with the provisions under Article IV of the Pennsylvania Municipal Planning Code, the minimum required setback from a street line shall include the street line of any street designated as a "Potential Future Reservation" on the North Coventry Township Official Map.
[Amended 12-12-2005; 3-12-2007]
Permanent open space, including common open space, portions of lots subject to deed restrictions or conservation easements, and private open space or recreation facilities, including land for active or passive recreation, designed to satisfy the requirements of this chapter or Chapter 320, Subdivision and Land Development, shall meet the use and design standards as outlined below. Such open space shall also be consistent with the applicable requirements of § 320-53, Community facilities, park land and open space, and § 320-59, Open space/protected lands review standards, of Chapter 320, Subdivision and Land Development.
A. 
Open space requirements.
(1) 
Uses permitted in open space. The following uses shall be permitted within the protected open space lands:
(a) 
Conservation of open land in its natural state (e.g., woodland, fallow field, or managed meadow).
(b) 
If permitted within the applicable zoning district, nonintensive agricultural and horticultural uses, including raising crops or livestock, wholesale nurseries, and associated buildings. Related agricultural residences may be located on the same lot as the agricultural uses, but the footprint of the residential building shall not be counted towards the minimum required open space. Agricultural uses specifically excluded are intensive agricultural uses and commercial livestock operations involving swine, poultry, mink, and other animals likely to produce highly offensive odors.
(c) 
Pasture land for horses used solely for recreational purposes. Equestrian related structures (stables, indoor riding rings, run-in sheds, etc.) shall be permitted, but the impervious coverage created by such structures shall not exceed 2% of the required open space or increase the total impervious surface of the subdivision beyond the maximum permitted in § 370-114 for each design option.
(d) 
Forestry, if conducted in compliance with the woodland protection and tree harvesting standards of § 370-29B(7) of this chapter. Clearcutting shall not be permitted in the open space.
(e) 
Neighborhood open space uses such as village greens, commons, picnic areas, community gardens, trails, and similar low-impact passive recreational uses specifically excluding motorized off-road vehicles, rifle ranges, and other uses similar in character and potential impact as determined by the Board of Supervisors.
(f) 
Active noncommercial recreation areas, such as playing fields, playgrounds, courts, and bikeways, provided such areas do not consume more than 50% of the minimum required open space or five acres, whichever is less.
[1] 
Playing fields, playgrounds, and courts shall not be located within 150 feet of abutting residential properties.
[2] 
Parking facilities for playing fields, playgrounds, and courts shall also be permitted, and they shall be gravel-surfaced or other pervious material, unlighted, properly drained, provide safe ingress and egress, and the number of parking spaces shall be consistent with the parking requirements of § 370-87 of this chapter. Any parking spaces above 10 shall not be counted towards the minimum required open space.
(g) 
If permitted within the applicable zoning district, golf courses may comprise up to 50% of the minimum required open space, but shall not include driving ranges or miniature golf. Associated parking areas and structures shall not be included within the minimum open space requirement. The number of parking spaces provided shall be consistent with the parking requirements of § 370-87 of this chapter.
(h) 
Water supply systems, sewage disposal systems (including individual off-lot systems) and stormwater retention areas designed, landscaped, and available as an integral feature of the open space area and capable of being used or enjoyed (e.g., a scenic feature, open meadow) by the residents of the development or Township, where applicable. Such features must specifically be approved by the Board of Supervisors as provided for in § 320-59B(1) of Chapter 320, Subdivision and Land Development.
(i) 
Easements for drainage, access, sewer or water lines, or other public uses.
(j) 
Underground utility rights-of-way. (Above ground utility and rights-of-way may traverse open space and conservation areas, but shall not count towards the minimum required open space.)
(2) 
Open space design standards. The location and configuration of proposed open space shall be based upon the guidelines and review standards outlined in §§ 320-58 and 320-59 of Chapter 320, Subdivision and Land Development. In addition, the open space shall meet the following design standards:
(a) 
Open space shall be laid out in general accordance with the Primary Conservation Areas and Secondary Conservation Areas, as defined in Chapter 320, Subdivision and Land Development, to ensure that an interconnected network of open space will be provided. To the maximum extent possible, all Primary Conservation Areas shall be included in the open space as indicated in the Comprehensive Plan Map of Potential Conservation Areas.
(b) 
Open space shall generally remain undivided and may be owned and maintained by the Township, homeowners' association, land trust, other conservation organization recognized by the Township, or by a private individual (typically as part of a conservancy lot) as outlined in § 370-81B(2).
[1] 
The above listed ownership options may be combined so that different entities may own different sections of the open space.
[2] 
Except where the primary purpose of the open space is the preservation of agricultural uses or conservation purposes, no less than 30% of the land comprising the adjusted tract area in the RR and RC districts and 50% of the land comprising the adjusted tract area in the R-1 District shall be available for the common use and passive enjoyment of the subdivision residents or Township residents, if applicable.
(c) 
Buffers for adjacent public parkland.
[1] 
Where the proposed development adjoins public parkland, a natural buffer of at least 150 feet in depth shall be provided within the development along its common boundary with the parkland, within which no new structures shall be constructed, nor shall any clearing of trees or understory growth be permitted, except as may be necessary for street or trail construction.
[2] 
Where the required buffer is unwooded, the Board of Supervisors may require vegetative screening to be planted, or that it be managed to encourage natural forest succession through "no mow" policies and the periodic removal of invasive plant species.[1]
[1]
Note: See Invasive Plant Species, Article II, Definitions.
[3] 
Proposed maintenance of the parkland buffer shall be included in the required Open Space Management Plan in § 370-81B(3).
(3) 
Other open space requirements.
(a) 
No portion of any building lot may be used, except as follows, to meet the minimum open space requirements:
[1] 
As permitted in country property lots (Option RC-2);
[2] 
Active agricultural land with farm buildings (excluding associated residences).
(b) 
Pedestrian and maintenance access, excluding those lands used for agricultural or horticultural purposes, shall be provided for open space land in accordance with the following requirements:
[1] 
Each neighborhood shall provide one centrally located access point per 15 lots. Such access points shall be a minimum of 35 feet in width.
[2] 
Access to open space land used for agriculture may be appropriately designated for public safety and to prevent interference with agricultural activities.
(c) 
Open space areas that are not wooded or farmed shall be landscaped in accordance with the landscaping requirements of this chapter and Chapter 320, Subdivision and Land Development.
(d) 
Ownership and maintenance. The applicant shall demonstrate compliance with the ownership and maintenance requirements for open space and common facilities of § 370-81B.
B. 
Ownership and maintenance of open space and common facilities.
(1) 
Permanent protection of open space.
(a) 
Designated open space shall be permanently restricted from future subdivision and land development. Except as otherwise specified in this article, development shall not be permitted in the open space at any time.
(b) 
Where disturbance of open space is proposed, the determination of necessity for such disturbance shall lie with the Board of Supervisors.
[1] 
Disturbance shall be kept to the minimum necessary. (For example, clearing of woodland habitat shall generally be prohibited, except as necessary to create trails, passive recreation facilities, or to install septic disposal systems or spray or drip irrigation facilities.)
[2] 
Any proposed disturbance of natural areas shall be in compliance with the standards of § 370-29, Natural Resource Conservation Overlay District, of this chapter.
(2) 
Ownership options for open space and common facilities. Although the Township requires the offer of dedication in fee simple of park and recreational areas and facilities, open space, and land used for trails, the Board of Supervisors, at its discretion, may require and approve the following forms of ownership. Such forms of ownership may be used individually or in combination when approved by the Board of Supervisors.
(a) 
Fee simple dedication to the Township. The Township may, but shall not be required to, accept dedication in the form of fee simple ownership of designated open space land. Where the Township accepts dedication of designated open space land that contains improvements, the Board of Supervisors may require the posting of financial security to ensure structural integrity of said improvements as well as the functioning of said improvements for a term not to exceed 18 months from the date of acceptance of dedication. The amount of financial security shall not exceed the actual cost of installation of said improvements plus 15%.
(b) 
Homeowners' association. The designated open space land and associated facilities may be held in common ownership by a homeowners' association. The association shall be formed and operated under the following provisions:
[1] 
The developer shall provide the Township with a description of the association, proof of incorporation of the association, a copy of its bylaws, and satisfactory proof of adoption thereof, a copy of the declaration of covenants, easements or restrictions or similar document(s) regulating the use of the property and setting forth methods for maintaining the open space.
[2] 
The association shall be organized by the developer and operated with financial subsidization from the developer before the sale of any lots within the development.
[3] 
Membership in the association shall be mandatory for all purchasers of homes therein and their successors. The conditions and timing of transferring control of the association from developer to the homeowners shall be identified.
[4] 
The association shall be responsible for maintenance and insurance on open space owned by the association, enforceable by liens placed by the homeowners' association. Maintenance obligations also may be enforced by the Township, which may place liens to recover its costs. Any governmental body with jurisdiction in the area where the development is located may place liens on the owners of the open space to collect unpaid taxes.
[5] 
The members of the association shall share equitably the costs of maintaining open space owned by the association. Shares shall be defined within the association bylaws or declaration. Association dues shall be structured to provide for both annual operating costs and to cover projected long-range costs relating to the repair of any capital facilities (which shall be deposited in a sinking fund reserved for just such purposes).
[6] 
In the event of a proposed transfer, within the methods here permitted, of open space by the homeowners' association, or of the assumption of maintenance of such land by the Township, notice of such action shall be given to all members of the association.
[7] 
The association shall have or hire adequate staff to administer common facilities and to properly and continually maintain the open space.
[8] 
The homeowners' association may lease open space lands to any other qualified person, or corporation, for operation and maintenance of such lands, but such a lease agreement shall provide:
[a] 
That the residents of the development shall at all times have access to the open space lands contained therein (except that access to land that is actively farmed shall be limited to times of the year when the fields are fallow);
[b] 
That the open space lands to be leased shall be maintained for the purposes set forth in this chapter; and
[c] 
That the operation of open space facilities may be for the benefit of the residents only, or may be open to the residents of the Township, at the election of the developer and/or homeowners' association, as the case may be.
[9] 
The lease referred to in Subsection B(2)(b)[8] above shall be subject to the approval of the Board of Supervisors, and any transfer or assignment of the lease shall be further subject to the approval of the Board. Lease agreements so entered upon shall be recorded with the Recorder of Deeds of Chester County within 30 days of their execution and a copy of the recorded lease shall be filed with the Secretary of the Township.
[10] 
Homeowners' association documentation approved by the Township demonstrating compliance with the provisions herein shall be recorded with the final subdivision and land development plans, and proof of recording thereof shall be provided to the Township prior to the issuance of any building permits for the property. At the time of preliminary plan submission, the applicant shall provide draft homeowners' association documentation with sufficient detail to demonstrate feasible compliance with this section.
(c) 
Condominium ownership. The designated open space land and associated facilities may be held in common by the unit owners as a condominium, the documents for which shall be approved by the Board of Supervisors. Such condominium documents shall be in conformance with the Pennsylvania Uniform Condominium Act of 1980, as amended. All common open space land shall be "common elements" or "limited common elements." To the degree applicable, condominium documents shall comply with the provisions of Subsection B(2)(b) above. Condominium documents shall be recorded with the final subdivision and land development plans. At the time of preliminary plan submission, the applicant shall provide draft condominium documents with sufficient detail to demonstrate feasible compliance with this section.
(d) 
Dedication of easements to the Township. The Township may, but shall not be required to, accept easements for public use of any portion or portions of designated open space land. In such cases, title to the land which remains in common ownership by condominium unit owners, homeowners' association, or private conservation organization are held by the Township.
(e) 
Private conservation organization or the county. With the permission of the Township, an owner may transfer either fee-simple title of the open space or easements on the open space to a private, nonprofit organization recognized by the Township, among whose purposes it is to conserve open space and/or natural resources, or the county, provided that:
[1] 
The organization is acceptable to Board of Supervisors, and is a bona fide conservation organization with perpetual existence;
[2] 
The conveyance contains appropriate provision for proper reverter or retransfer in the event that the organization becomes unwilling or unable to continue carrying out its functions;
[3] 
The open space is permanently restricted from future development through a conservation easement and the Township is given the ability to enforce these restrictions; and
[4] 
A maintenance agreement acceptable to the Board of Supervisors is entered into by the developer and the organization.
(f) 
Noncommon private ownership of designated open space.
[1] 
Designated open space may be retained in ownership by the applicant or may be transferred to other private parties subject to compliance with all standards and criteria for designated open space herein. Such open space shall be permanently restricted from future development through a conservation easement, and the Township shall have the ability to enforce these restrictions.
[2] 
All or portions of the designated open space may be included within an individual lot where deemed appropriate by the Board of Supervisors (for example, in the case of a working farm). The Board of Supervisors may require that responsibility for maintenance of the privately owned designated open space be conferred upon the owner(s) of said open space.
(3) 
Maintenance of open space and common facilities. Unless otherwise agreed to by the Board of Supervisors, the cost and responsibility of maintaining common facilities and open space shall be borne by the property owner, condominium association, homeowners' association, or conservation organization as outlined below.
(a) 
Required open space management plan. The applicant shall provide a plan for the long term management of the designated open space which is to be created as part of the development, including maintenance and management of any wastewater disposal, water supply, stormwater management or any other common facilities which may be located within areas of designated open space.
[1] 
Open space management plan information. Such a plan shall include a narrative discussion of the following items:
[a] 
The manner in which the designated open space and any facilities included therein will be owned and by whom it will be managed and maintained;
[b] 
The conservation, land management and agricultural techniques and practices which will be used to conserve and perpetually protect the designated open space, including conservation plan(s) approved by the Chester County Conservation District where applicable;
[c] 
The professional and personnel resources that will be necessary in order to maintain and manage the property;
[d] 
The nature of public or private access that is planned for the designated open space; and
[e] 
The source of money that will be available for such management, preservation and maintenance on a perpetual basis.
[2] 
At the time of preliminary plan submission, the applicant shall provide a draft open space management plan with sufficient detail to demonstrate feasible compliance with the provisions required under this section.
[3] 
The management plan shall be recorded with the final subdivision and land development plans in the office of the Recorder of Deeds of Chester County.
[4] 
The Board may require as a condition of subdivision and/or land development approval that appropriate management contracts be established as evidence of the ability to adhere to the provisions of the approved management plan.
[5] 
In order to allow for the changing needs inherent in the perpetual management of land, the management plan shall contain a provision to the effect that it may be changed by written application to the Board of Supervisors. Approval of such application by the Board shall not be unreasonably withheld or delayed, so long as:
[a] 
The proposed change is feasible, is consistent with the purposes of preservation of open space set forth in this section and with the approved subdivision and land development plans; and
[b] 
The plan for such change avoids a likelihood of the obligation for management and maintenance of the land falling upon the Township without the consent of the Board of Supervisors.
(b) 
Provisions for maintenance of designated open space.
[1] 
In the event that a homeowners' association, condominium, any successor organization, or any owner of the open space shall, at any time after establishment of a development containing open space land, fail to maintain such land in reasonable order and condition in accordance with the development plan, the open space management plan and/or association or condominium documents as applicable, the Township may serve written notice upon the owner of record, setting forth the manner in which the owner of record has failed to maintain the open space land in reasonable order and condition.
[2] 
Failure on the part of a homeowners' or condominium association to adequately maintain the open space land in reasonable order and condition shall constitute a violation of this chapter. The Township is hereby authorized to give notice, by personal service or by United States mail, to the owner or occupant, as the case may be, of any violation, directing the owner to remedy the same within 20 days.
[3] 
Upon default by any owner, homeowners' association, conservation organization, or other entity responsible for maintenance of designated open space and/or associated facilities, where such maintenance is required under the terms of the open space management plan, homeowners' association or condominium documents, any subdivision and/or land development plan for the property, the zoning approval for the property, or under any applicable requirements of any Township ordinances, permits or approvals, or where such maintenance is otherwise necessary to abate a nuisance, emergency, hazard or other condition threatening persons or property or the public health, safety or welfare, the Township may, but shall not be obligated, to take the following actions:
[a] 
Upon 30 days advance written notice to the person, association or entity responsible for such maintenance (or any such lesser period as may be specified in the notice in instances of emergency) and the failure of the responsible individual, entity or association within such thirty-day period (or such lesser period in the event of an emergency) to perform the necessary maintenance and otherwise remedy the condition set forth in the Township's notice, to enter upon the open space, accessing the same through any other lands of such entity, association or individual as may be necessary, to perform such maintenance and take any other action necessary to correct the condition provided in the Township's notice.
[b] 
Any and all costs incurred by the Township in connection with such notice and maintenance shall be paid by the responsible individual, entity or association within 10 days after written demand by the Township. Upon failure of the responsible entity, association or individual to pay such costs by the time required, there shall be added thereto interest at the rate of 15% per annum as well as all costs incurred by the Township in collection thereof.
[i] 
All such costs of maintenance, remediation, notices, and collection, including court costs and attorney's fees, shall constitute a municipal lien and be enforceable as such against the responsible entity, individual or association.
[ii] 
Such lien shall extend to all property of such individual, entity or association within the development containing the affected open space.
[iii] 
In the case of an association, such lien shall apply, pro rata, against all lot owners who are members of the association, in addition to applying to the affected open space.
(4) 
Open space performance bond and approved financial arrangements for perpetual maintenance.
(a) 
Where intended as common or public amenities, all landscape improvements, plantings, accessways and recreational facilities within designated open space areas shall be provided by the developer. A performance bond or other security acceptable to the Township shall be required to cover costs of installation of such improvements in the open space area. The performance bond or other security shall be in the same form and adhere to the same conditions as otherwise required for proposed improvements by Chapter 320, Subdivision and Land Development.
(b) 
Additionally, adequate financial security for the perpetual maintenance of the open space and landscaping shall be provided, as approved by the Board of Supervisors, to assure perpetual maintenance of the landscaping improvements, plantings, accessways, the open space, recreational facilities, and any other common facilities in the open space, including but not limited to utility and/or stormwater facilities, easements, trails, roads and sidewalks or other common amenities.
C. 
Discretionary density bonus. Additional density may be allowed by the Board of Supervisors if the following public benefits are achieved:
(1) 
Endowment for open space maintenance.
(a) 
When open space land is to be donated to a land trust or to the Township, the Board of Supervisors may allow up to a ten-percent density bonus where the applicant endows a permanent fund to offset the continuing costs of maintaining the open space land not maintained privately, including costs associated with active or passive recreation facilities. Such costs may include, but are not limited to, physical maintenance of the property, insurance premiums, and property taxes.
(b) 
Calculation of endowment. Because the bonus dwellings allowed under the option may reasonably be considered to be net profit, 75% of the net selling price of the endowment lots shall be donated by the applicant to the Open Space Maintenance Endowment Fund for the open space within the subdivision.
[1] 
Assuming an annual average interest rate of 5%, the amount designated for the endowment fund shall be at least 20 times the estimated annual maintenance costs.
[a] 
Such estimate shall be prepared by an agency, firm, or organization acceptable to the Board of Supervisors and with experience in managing conservation land and recreational facilities.
[b] 
When estimating the projected maintenance costs, land not accessible to the public or by subdivision residents for their common enjoyment need not be included. Such excluded lands would include those designated for agricultural, horticultural, silvicultural, or equestrian uses and which may be leased or sold to another party for those express purposes. In such cases, the density bonus shall be adjusted to reflect only the acreage that is accessible to subdivision residents or the public.
[2] 
Spending from the endowment fund shall be designated to expenditure of interest so that the principal may be preserved.
[3] 
The endowment fund shall be transferred by the developer to the designated entity with ownership and maintenance responsibilities at the time the entity is created.
To minimize traffic congestion and hazard, control street access and encourage orderly development of street highway frontage, the following regulations shall apply:
A. 
Lots abutting two or more streets. Unless clearly impractical or inappropriate, lots which abut two or more public streets shall have direct access only to the street of lesser functional classification.
B. 
Vehicular ingress and egress to major highways.
(1) 
Where lots are created having frontage on an expressway ramp, arterial, collector street, as classified by the Township Comprehensive Plan, any proposed development street pattern shall provide reverse (double) frontage to local streets within the subdivision unless clearly impractical due to lot configuration or topography. Where residential developments propose streets with reverse frontage lots, the following buffer requirements shall be met along the rear yard lot line:
(a) 
Where the rear lot line abuts a street with a functional classification of major or minor collector street, a Class A buffer, as defined by § 370-79, shall be provided.
(b) 
Where the rear lot line abuts a street with a functional classification of arterial or abuts an expressway ramp, a Class B buffer, as defined by § 370-79, shall be provided.
(2) 
Where any commercial district abuts an arterial or collector road, it is the intent of this chapter to encourage the installation of a parallel service street, or the combination of off-street parking facilities for two or more lots. Points of access to such major highway shall be spaced and designed in accordance with the street intersection and driveway standards of Chapter 320, Subdivision and Land Development.
(3) 
Where any multifamily dwelling, mobile home park, shopping center, or any use permitted in the Industrial Districts (I-1 and I-2) and the Town Center (TC) has vehicular access to and from an arterial or collector street, all vehicular entrances and exits shall be provided with deceleration and acceleration lanes as recommended or required by the Township Engineer and the Pennsylvania Department of Transportation. In no event shall vehicles be permitted to back directly into the public street from the off-street parking area.
C. 
Location of ingress and egress. Off-street parking for all uses shall be designed and arranged so that:
(1) 
The edge of any driveway access onto a street shall be at least 40 feet from any street intersection, and in no case, within the curb radius, except for a cul-de-sac turnaround.
(2) 
Each use with less than 100 feet of street frontage shall not have more than one accessway to such street, and no use with 100 feet or more of street frontage shall have more than two accessways to any one street for each 400 feet of street frontage. A common access point for two or more uses is encouraged, where practical, to minimize vehicular access points along streets other than local streets.
(3) 
Provision shall be made for safe and efficient ingress and egress to and from public streets without undue congestion or interference with normal traffic flow within the Township. Where applicable, the developer shall be responsible for preparing a transportation impact study in accordance with § 320-21 of Chapter 320, Subdivision and Land Development, which documents any necessary traffic control device and/or highway modifications required by Township and/or the Pennsylvania Department of Transportation (PennDOT).
D. 
Obstructions to vision.
(1) 
On any lot, no wall, fence, hedge, tree, shrub or other obstruction shall be allowed which dangerously obscures the view of approaching traffic along the street or at intersections.
(2) 
On a corner lot, nothing shall be erected, placed or allowed to grow which dangerously obscures the view within a clear sight triangle defined by the following:
(a) 
Above the height of 2 1/2 feet and below the height of 12 feet measured from the center line grades of the intersecting streets.
(b) 
Within the area bounded by the center line of intersecting streets and a line joining points on these center lines 75 feet from an intersection of the center lines of such streets.
(3) 
Driveway and street entrances onto public streets shall be maintained in accordance with the requirements of Chapter 320, Subdivision and Land Development.
Interior accessways, driveways, aisles, and parking areas shall comply with the following requirements. Streets to be publicly dedicated or maintained shall comply with the design standards of Chapter 320, Subdivision and Land Development.
A. 
Design of access aisles and drives.
(1) 
Interior drives shall be designed to prevent blockage of vehicles entering or leaving the site. Drives may be one-way or two-way. Areas designed for loading and unloading, refuse collection, fuel delivery, and other service vehicles shall be arranged as to prevent blocking or interfering with accessways or the use of automobile parking facilities or pedestrian ways, and shall have adequate turnaround surface so egress to the street is in a forward direction.
(2) 
Accessways, parking areas, and loading areas shall have clearly defined parking bays and traffic circulation lanes designated by markings, curbs, barriers and/or landscaped islands, so that operators of vehicles intending to patronize such parking areas shall not impede traffic as a result of any confusion as to location of entrances and exits and manner of reaching them.
(a) 
To assist in traffic channelization, raised islands shall be placed at the ends of parking bays so that the end of the bay adjacent to a driving aisle or ring road is clearly delineated. Such islands shall be landscaped in accordance with § 370-80, but shall be designed so as not to impair visibility needed for traffic flow and turning movements.
(b) 
Traffic channelizations shall be planned in such a way that a main driving aisle, from which vehicles can flow off the street and into the site and parking bays, is remote from the primary building(s) so as to avoid traffic conflicts in front of the primary building(s).
(c) 
Parking areas shall be designed so that a vehicle within a parking area shall not have to enter a public street to move from one location to any other location within the parking area or lot. Turnaround surface shall be provided so egress to the street is in a forward direction.
(3) 
All interior drives and accessways shall be paved with an approved paved, all-weather surface, and shall be graded, properly drained and maintained in a good condition. Interior drives shall have a maximum grade of 8%, measured along the center line, for a distance of not less than 25 feet from the street right-of-way line. Beyond that point, interior roads and drives shall have a maximum grade of 10%.
(4) 
Minimum interior drive cartway widths (with no abutting parking):
Use
One Lane One-Way Drives
(feet)
Two Lane Two-Way Drives
(feet)
Residential
10
18
Commercial/office
11
22
Industrial
12
25
B. 
Shared driveways. Common or shared access driveways to parking and loading areas is permitted and encouraged provided landowners shall submit a site plan and agreement indicating the extent of joint use and maintenance responsibility.
C. 
Emergency vehicle access.
(1) 
Criteria for driveways and access roads to structures. A proposed driveway or access road shall be designed to allow emergency vehicle access to within 100 feet of a principal structure. Where a principal structure is located more than 100 feet from the cartway or where an emergency vehicle would otherwise be prevented from reaching this minimum distance from the structure, the following requirements shall be met by the driveway to ensure access:
(a) 
Minimum cleared width: 14 feet.
(b) 
Minimum all-weather surface width: 10 feet.
(c) 
Minimum curve radii: 35 feet.
(d) 
Minimum overhead clearance: 12 feet.
(2) 
Criteria for driveways and access roads to water sources. In order to provide adequate access to designated fire-fighting water supplies, such as a river, pond, lake, or hydrant, proposed driveways or access drives to such water sources shall meet the minimum criteria of Subsection C(1) above to at least within 20 feet of the designated water source.
D. 
Pedestrian circulation. The following standards shall apply to all uses, including residential uses, as applicable:
(1) 
The developer shall preserve existing trails, install trails and pathways or other pedestrian facilities as necessary and desirable to achieve the following:
(a) 
Logically continue, link or expand existing pedestrian facilities on, across, and abutting the site.
(b) 
Provide pedestrian access to existing or anticipated public bus or train transportation pickup points, public parks, community facilities and commercial areas.
(c) 
Implement the Pedestrian Circulation Plan identified on Map 14 of the North Coventry Township Comprehensive Plan of 1989, as amended.
(d) 
Provide convenient and logical walkway connections between the entrances of a principal building and its required parking spaces, preferably in conjunction with landscaped planting islands required by § 370-80. A walkway shall be a minimum of six feet wide where it abuts the width of parking spaces where the vehicle may overhang the walkway. Alternatively, wheelstops shall be installed to prevent excessive vehicle overhang.
(2) 
Maximum separation of pedestrian and vehicular routes shall be encouraged for safety and well-being of pedestrians. Separation can be in the form of any one or combination of the following: horizontal distance; vertical distance (level changes such as overpass, underpasses, and embankments); street trees, landscaping, sidewalks, and other barriers such as bollards and fences.
A. 
Applicability. The following information shall be submitted with the application for a conditional use or special exception. This information shall be provided for all uses proposed in the I-2 Industrial Park District, whether permitted by right, special exception, or conditional use.
B. 
Plan submission. A plan describing the proposed special exception or conditional use shall be submitted to the Zoning Hearing Board or Board of Supervisors for their review and approval, and shall satisfy the following requirements. Information obviously not applicable to the proposed use shall not be required.
(1) 
The plan submission shall contain a site plan at a scale of one inch equals 100 feet or one inch equals 50 feet showing:
(a) 
Topography of the site depicted by contours at not greater than five-foot intervals.
(b) 
The location of the lot relative to the surrounding lots and buildings, including the names of property owners.
(c) 
The location, dimensions, and arrangement of all access points, off-street parking facilities, loading and unloading stations, pedestrian ways, sidewalks, and streets.
(d) 
The location, uses planned, dimensions, gross floor area, building coverage, and height of each building or other structure.
(e) 
The location, dimensions and arrangement of proposed signs, landscaping, screening, and buffering, and recreation areas.
(f) 
The location, dimensions and arrangement of sanitary and stormwater sewage, water supply, storage areas, solid waste disposal facilities, parking lot lighting, and all other utilities.
(g) 
Other information as deemed necessary by the Board of Supervisors or Zoning Hearing Board.
(2) 
The proposal shall demonstrate conformance to the policies of Township plans and ordinances and compatibility with adjacent land uses by indicating that:
(a) 
The plan shall be consistent with the Township Comprehensive Plan for the orderly development of the Township and with the purpose of this chapter to promote the health, safety, and general welfare of the Township.
(b) 
The use and value of property adjacent to the proposed development will not be adversely affected. Every reasonable attempt shall be made to make the use compatible with the adjacent properties and surrounding neighborhood in terms of parking, lighting, landscaping, and other design features.
(c) 
The capacity of existing streets and thoroughfares is adequate to absorb the additional burden created by the development. Where the proposal includes 25 or more dwelling units or the site is 10 acres or more of gross tract area for commercial, office or industrial use, a transportation impact study consistent with the requirements of § 320-21B(1) of Chapter 320, Subdivision and Land Development, shall be submitted.
[Amended 2-26-2007]
(d) 
The development shall consist of a harmonious grouping of buildings or other structures, adequate service, parking and open spaces.
(e) 
The development shall comply with all provisions of this chapter and all other Township ordinances and codes.
(f) 
All buildings shall have safe and adequate sewerage and water facilities. Where the proposal includes 25 or more dwelling units or the site is 10 acres or more of gross tract area for commercial, office or industrial use, a community facilities impact study consistent with the requirements of § 320-21B(2) of Chapter 320, Subdivision and Land Development, shall be submitted.
[Amended 2-26-2007]
(g) 
If the development is to be carried out in progressive stages, each stage shall be so planned that the foregoing conditions and intent of this chapter shall be fully complied with at the completion of any stage.
C. 
Review procedure. The review procedure for a conditional use outlined in § 370-138 or a special exception outlined in § 370-149 shall be followed in the review of development proposals as applicable.