Township of West Whiteland, PA
Chester County
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Table of Contents
Table of Contents
For the purposes of this chapter the following regulations shall apply to all districts and uses as applicable.
The following regulations shall apply to all districts:
A. 
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 required yards, unless 50% of the vertical plane of the fence or wall which exceeds six feet in height shall not be opaque. In no instance shall a fence exceed 12 feet in height.
[Amended 3-10-2004 by Ord. No. 310]
B. 
No fence or wall shall obstruct vision at street intersections or along streets, in accordance with § 325-36F.
[Amended 3-10-2004 by Ord. No. 310]
Such activities shall be permitted only if conducted in accordance with regulations set forth by the Pennsylvania Department of Environmental Protection and/or any other governmental body and the provisions of Chapter 281, Subdivision and Land Development, of the Code of the Township of West Whiteland. Commercial logging/lumbering shall not be permitted in any residential zoning district governed by Article III, "Town Center" governed by Article IV or "OL Office/Laboratory District" governed by Article VI of this chapter. Groundwater extraction is limited to the I-2 District as a conditional use. There shall be no degradation in water quantity or quality below the level prior to the initiation of use.
A. 
Accessory buildings may be erected in the rear or side yard of a lot as provided for in Subsection B. The accessory building shall be entirely separate from the principal building and located at least 10 feet farther back from the front property line than the rearmost portion of the principal building.
B. 
Projections into required yards. No structure or part of a structure shall be erected within or shall project into any required yard except:
[Amended 3-10-2004 by Ord. No. 308]
(1) 
Arbors, trellises, garden sheds and similar uninhabitable structures, not used for the storage of automobiles, shall be permitted, provided they are not more than 12 feet in height. Any structure less than 150 square feet shall be at least five feet from all property lines. Any structure between 151 square feet and 250 square feet shall be at least 10 feet from all property lines. Any structure more than 250 square feet shall not be permitted in the required yards. On reverse frontage residential lots, a six-foot-high opaque fence or a high vegetative site element screen shall buffer accessory structures within 25 feet of the street right-of-way, in accordance with § 281-35G(1)(b) of Chapter 281, Subdivision and Land Development, of the Code of the Township of West Whiteland.
(2) 
Garden sheds and similar uninhabitable structures permitted in Subsection B(2) that are located on reverse frontage lots shall be landscaped in accordance with § 281-35G(4) of Chapter 281, Subdivision and Land Development, to buffer the view from the street.
[Added 3-10-2004 by Ord. No. 310[1]]
[1]
Editor's Note: This ordinance also redesignated the subsequent subsection.
(3) 
The requirements for open areas and yards and the restrictions on projections shall not apply to overhanging chimneys, steps and entranceways, eaves, gutters or cornices not exceeding two feet in overall depth.
[Amended 3-10-2004 by Ord. No. 308]
Landscaping shall be in accordance with the provisions contained in Article IV of Chapter 281, Subdivision and Land Development, of the Code of the Township of West Whiteland.
[1]
Editor's Note: Former § 325-33, Buffers and screen, was repealed 3-10-2004 by Ord. No. 308.
Lighting shall be in accordance with § 281-48 of Chapter 281, Subdivision and Land Development, of the Code of the Township of West Whiteland.
A. 
All rubbish and substances, whether organic or inorganic, shall be stored in suitable containers and properly disposed of as soon as is practical. All garbage-like materials shall be contained in vermin-proof containers.
B. 
Except for single-family and two-family dwellings, all incidental storage shall comply with the following:
(1) 
All storage shall be buffered in accordance with § 325-33D.
(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 sufficient to contain potential spillage.
(3) 
Outdoor storage of raw materials and/or finished products shall be permitted only within the buildable area of the lot and shall not exceed 10 feet in height.
(4) 
In the Town Center District and Neighborhood Commercial District, no products and/or materials shall be stored, displayed or sold on the exterior of any building except for the sale of seasonal merchandise in accordance with § 325-28.
[Added 3-10-2004 by Ord. No. 310]
C. 
In all districts:
(1) 
No trailer, recreational vehicle, boat, unlicensed vehicle or other similar items shall be stored outdoors within any required yard area, except in junkyards permitted under this chapter.
(2) 
Storage trailers and storage boxes. No storage trailer or storage box shall be left on a single lot or at any location, not already approved for such storage, for more than 48 hours, unless a temporary-use permit has been issued by the Township. The following regulations shall apply to temporary storage trailers and boxes in West Whiteland Township:
[Amended 3-10-2004 by Ord. No. 310]
(a) 
A temporary use permit may be issued for a storage trailer or a storage box for a period of no more than 30 days and may be renewed for an additional 30 days if the Zoning Officer determines all conditions have been met. A temporary use permit may not be issued for a time period exceeding 60 days in a given calendar year.
(b) 
One outdoor storage trailer per business will be permitted in a given calendar year.
(c) 
Outdoor storage trailers are subject to all applicable fire, health, safety, and building regulations/codes.
(d) 
A plot plan showing the placement of the proposed storage trailers shall be submitted with the request for a temporary use permit.
(e) 
The storage trailer must be placed at the side or rear of the existing building or completely out of public view.
(f) 
The storage trailer shall not affect local traffic and pedestrian circulation around the building and or shopping center and may not be located in such a manner as to affect loading areas.
(g) 
The storage trailer shall not impede the growth or maintenance of required landscaping.
(h) 
Existing parking spaces may not be used for temporary storage containers.
(i) 
Storage trailer(s) shall be placed on an impervious (paved) surface.
(j) 
A deposit in accordance with the Township fee schedule shall be required prior to issuance of a temporary-use permit for the storage trailer to cover the cost incurred by the Township to remove any outdoor storage trailer that is found to be in violation of the above standards.
(k) 
Any trailer found to be in violation of this section shall be removed within three days of written notice from an agent of West Whiteland Township authorized to enforce this article. Such notice may be transmitted in letter form or may be conveyed using a West Whiteland Township Code violation notice.
(l) 
Any person(s), corporation, entity, tenant, property owner or agent of a property owner that violates this section or permits the violation of this section shall be subject to the penalties as set forth in Chapter 300, Vehicles and Traffic, Article VI, Removal and Impoundment of Illegally Parked and Abandoned Vehicles, § 300-44, of the Code of the Township of West Whiteland.
(m) 
Storage trailers, office trailers and similar items used strictly for purposes of lawful construction/land development under the applicable West Whiteland Township Building Code, Fire Prevention Code, Zoning Ordinances and Subdivision/Land Development Ordinance[1] shall be exempt from this article provided that a valid use and occupancy permit has been issued for such trailer in accordance with all applicable West Whiteland Township codes, ordinances and fee schedules.
[1]
Editor's Note: See, respectively, Ch. 129, Construction Codes, Uniform; Ch. 325, Zoning; and Ch. 281, Subdivision and Land Development.
(3) 
In residential districts, no more than one trailer, recreational vehicle, boat, unlicensed vehicle or similar items shall be stored outside at any one time on a single lot.
D. 
Shopping cart storage. Any establishment which furnishes 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 during nonoperating hours.
To minimize traffic congestion and hazard, control street access and encourage orderly development of street highway frontage, the following regulations shall apply:
A. 
Unless clearly impractical or inappropriate, lots which abut two or more streets shall have direct access only to a street of lesser functional classification.
B. 
Where lots are created having frontage on expressway, arterial, major collector and minor collector streets, as classified by the Comprehensive Plan, any proposed development street pattern shall provide reverse frontage to local streets within the subdivision unless clearly impractical due to lot configuration or topography. Residential developments which propose streets with reverse frontage lots shall buffer the reverse frontage lots along the rear yard lot line from the major street, in accordance with § 325-33.
C. 
Each use with less than 100 feet of street frontage shall not have more than one ingress and egress line 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.
D. 
All vehicular accessways to any public street shall be located at least 100 feet from any intersection of a street measured from center line to center line.
E. 
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. The developer shall be responsible for the design and construction, and the costs thereof, of any necessary traffic control device and/or highway modifications required by the Township and/or the Pennsylvania Department of Transportation (PennDOT).
F. 
Obstructions to vision.
(1) 
On any lot, no wall, fence or other obstruction shall be erected, allowed or maintained and no hedge, tree, shrub or other growth shall be planted or exist which dangerously obscures the view of approaching traffic along 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.
(c) 
Driveway and street entrances onto public streets shall be maintained in such a manner that a clear view is obtained in both directions according to the following standards:
[Amended 3-10-2004 by Ord. No. 310]
Posted Speed of Public Road
(mph)
Minimum Sight Distance
(feet)1
20
200
25
250
30
300
35
350
40
400
45
450
50
500
55
550
NOTE:
1
Measured 10 feet from the edge of the cartway of the public street.
The following regulations shall apply to all uses except single-family and two-family dwellings, unless otherwise specified:
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, 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, 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 will 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
Two Lane Two-Way Drives
(feet)
One Lane One-Way Drive
(feet)
Multifamily
24
12
Commercial/Office
24
14
Industrial
25
14
(5) 
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.
(6) 
Fire lane easements.
(a) 
Any use located more than 600 feet from a street shall provide a duly dedicated fire lane easement to within 150 feet of said use.
(b) 
Fire lane easements shall extend from existing and improved public streets and shall have a minimum unobstructed right-of-way width of 30 feet, within which there shall be constructed an all weather paved and well drained cartway not less than 20 feet wide.
(c) 
Fire lane easements which curve from or change directions shall have a minimum radius of 55 feet and those containing reverse curves shall have a minimum center-line tangent length of 50 feet between curves.
(d) 
Dead-end fire lane easements shall not exceed 400 feet in length and shall be terminated with an unobstructed vehicular turnaround or cul-de-sac with a minimum surface radius of 35 feet.
(7) 
Pedestrian circulation. The following regulations shall apply to all uses, including single-family and two-family dwellings, as applicable:
(a) 
The developer shall preserve existing trails or install trails and pathways or other pedestrian facilities as necessary and desirable to achieve the following:
[1] 
Logically continue, link or expand existing pedestrian facilities on, across and abutting the site consistent with the recommendations of the West Whiteland Township Comprehensive Plan.
[2] 
Provide pedestrian access to existing or anticipated public bus or train transportation pickup points, public parks, community facilities and commercial areas.
[3] 
Implement the pedestrian circulation plan identified on Map No. 17 of the Comprehensive Plan as it shall be amended and supplemented.
[4] 
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 that provide shade, visual relief from glare and physical separation from vehicular areas. A walkway shall be a minimum six feet wide where it abuts the width of parking spaces where the vehicle may overhang the walkway.
(b) 
Maximum separation of pedestrian and vehicular routes shall be encouraged, where space permits, for safety and comfort of pedestrians. Separation can be in the form of any one or combination of the following:
[1] 
Horizontal distance.
[2] 
Vertical distance (level changes such as overpasses, underpasses and embankments).
[3] 
Street trees, landscaping and other barriers such as bollards and fences.
In connection with any building or structure which is erected or substantially altered and which requires the receipt or distribution of materials or merchandise by trucks or similar vehicles, there shall be provided a sufficient number of off-street loading and unlading berths for the intended use, in accordance with the following minimum requirements.
A. 
Location. Such areas shall not be located between the building setback line and street line, and loading facilities shall be buffered in accordance with § 325-33E.
B. 
Space allowed. Space allowed to any off-street loading berth shall not, while so allocated, be used to satisfy the space requirements of any off-street parking facilities or portions thereof. Required off-street parking spaces or accessways shall not be used for loading and unloading purposes except during hours when business operations are suspended.
C. 
Access. Off-street loading and unloading areas shall be provided with proper and safe access, preferably separate from other vehicular and pedestrian circulation. In any case, loading and unloading operations, including arrival and departure, shall not interfere with traffic and pedestrian circulation on public streets or within required off-street parking areas.
D. 
Size. Loading and unloading space shall be at least 15 feet wide, 14 feet vertical clearance, 55 feet deep and shall have an adequate maneuvering apron.
E. 
Surfacing. Loading and unloading spaces shall have paved all-weather, dustless surfaces of sufficient load-bearing properties consistent with the intended use.
A. 
No building or structure shall hereafter be constructed, enlarged or modified and no use or activity shall be conducted or expanded unless provision is made on the same or adjacent lot for off-street parking facilities, either within a structure or in the open, and with proper and safe access from a street, to adequately serve the uses within the district according to the provisions of this section. In an effort to preserve open space amenities the construction of underground parking or parking in above ground facilities is encouraged. The following regulations shall apply to all uses except single-family and two-family dwellings, unless otherwise specified.
B. 
Required off-street parking facilities as accessory to uses listed herein shall be solely for the parking of passenger automobiles of patrons, occupants and/or employees.
C. 
No motor vehicle repair work of any kind except emergency service shall be permitted on parking lots.
D. 
Location.
(1) 
In no case shall any portion of a public or private street be utilized in complying with the parking requirements of this section.
(2) 
All parking spaces shall be on the same lot as the principal buildings except when permitted by the Board of Supervisors.
(3) 
The parking spaces required in Subsection H may be located elsewhere than on the same lot when authorized by the Board subject to the following conditions:
(a) 
The owners of two or more establishments shall submit with their application a site plan and agreement showing joint use, agreement, maintenance responsibility and location of a common off-street parking area.
(b) 
Some portion of the common off-street parking area shall lie within 200 feet of an entrance, regularly used by patrons, into the building served hereby.
(4) 
No parking or paved area, except for permitted accessways, shall directly abut a public street. Each such area shall be separated by a buffer meeting § 325-32 of this chapter.
[Amended 3-10-2004 by Ord. No. 310]
(5) 
For residential dwellings, the spaces shall be within 100 feet of the dwelling unit they serve.
(6) 
A garage may be located wholly or partly inside the walls of the principal building or may be attached to the outer walls. If separated from the principal building, the garage shall conform to all accessory building requirements and shall not be located in a required yard space. The garage may be constructed under a yard or court, when authorized as a conditional use, but may not extend within 10 feet of any lot line. The space above the underground garage shall be deemed to be part of the open space on the lot on which it is located to the extent determined by the Board of Supervisors when authorized as conditional use.
E. 
Size.
(1) 
A motor vehicle garage, or an outdoor parking space for each vehicle shall be at least 18 feet deep and shall be nine feet wide, except for required handicapped spaces which shall be eight feet wide with an adjacent five-foot-wide accessible aisle for passenger vehicles, or have an adjacent eight-foot-wide accessible aisle for van spaces.
(2) 
The required parking area shall be measured exclusive of interior drives or maneuvering areas.[1]
[1]
Editor’s Note: Former Subsection E(3), pertaining to stall depth, stall width and aisle, as amended and which immediately followed this subsection, was repealed 5-30-2012 by Ord. No. 399.
F. 
Design.
(1) 
Interior circulation within parking areas shall be in accordance with the provisions of § 325-37.
(2) 
Parking areas shall be landscaped in accordance with the applicable provisions of Article IV of Chapter 281, Subdivision and Land Development, of the Code of the Township of West Whiteland.
(3) 
Parking spaces shall be clearly delineated by suitable markings. Special use spaces such as short-term visitor parking, handicapped parking and pickup/dropoff zones shall be differentiated by suitable markings from long-term employee spaces.
[Amended 5-30-2012 by Ord. No. 399]
(4) 
Parking spaces shall have paved all-weather surface, unless otherwise approved by the Board of Supervisors. Pervious cover such as porous paving, concrete lattice blocks or gravel could be substituted if approved by the Board of Supervisors for reserve or overflow parking. Parking areas shall have a minimum slope of 1% in any direction to provide for drainage and a maximum slope of 6% in any direction for safety, user convenience and stormwater runoff control.
(5) 
Handicapped parking. All uses other than single-family detached dwellings shall comply with the handicapped parking requirements of the Americans with Disabilities Act (ADA).
(a) 
The number of required handicapped spaces shall be provided according to the following chart:
Total Parking In Lot
Handicapped Spaces Required
1 to 25
1
26 to 50
2
51 to 75
3
76 to 100
4
101 to 150
5
151 to 200
6
201 to 300
7
301 to 400
8
401 to 500
9
501 to 1,000
2% of total
1,001 and over
20 + 1 for each 100 over 1,000
(b) 
Said spaces shall be most accessible and approximate to the building or buildings which the parking spaces shall serve.
(c) 
Each space or group of spaces shall be identified with a clearly visible marking and signs displaying the international symbol of access.
(d) 
As required by the ADA code, curb ramps shall be provided to permit handicapped people access from the parking lot to the sidewalk or building entrance.
G. 
Residential parking requirements. Minimum off-street parking requirements for residential uses shall be as follows:
Housing Unit
Type/Size1
Parking Requirement2
Single-family detached
2-bedroom
1.5
3-bedroom
2.0
4-bedroom
2.53
5-bedroom
3.0
Apartment
1-bedroom
1.8
2-bedroom
2.03
3-bedroom
2.1
Townhouse
1-bedroom
1.8
2-bedroom
2.33
3-bedroom
2.4
Mobile home
1-bedroom
1.8
2-bedroom
2.03
Retirement community
50% of the above requirements
NOTES:
1
Requirements for attached units (apartment/condominium/townhouse) include provisions for guest parking.
2
When determination of the required number of parking spaces results in a fractional space for the entire development, any fraction of 1/2 or less may be disregarded, while a fraction in excess of 1/2 shall be counted as one parking space.
3
If applicant does not specify the number of bedrooms per unit, this off-street parking requirement shall apply.
H. 
Nonresidential parking requirement.
(1) 
Parking and, where appropriate, stacking spaces, shall be required of all uses in accordance with the table below. The standards include employee parking except when specified otherwise. Where multiple uses occur in the same building or on the same lot, the sum of the parking required for all uses shall be provided except when a modification is authorized as provided for by Subsection H(3) below. All calculations shall be on the basis of gross floor area.
(2) 
Where the required parking standard is based on floor area, the Planning Commission may recommend the reduction of the number of parking spaces required to be paved initially for a use or establishment after hearing credible testimony from the applicant that a lesser number of spaces will be required, based upon parking studies of similar uses. In such instances, the plan submitted must show that sufficient land is reserved and properly identified as such to meet the full requirements of this chapter at such time as any such additional parking space may be required and the applicant shall agree to install said reserve parking areas upon demand by the Township.
(3) 
The Board of Supervisors may authorize a reduction in the number of required parking spaces in cases where the Planning Commission has recommended that there will be a sharing of parking spaces by uses with different periods of peak parking demand and applicant can justify the reduction and still provide adequate facilities. Where a reduction is approved, the Board shall require the applicant to design parking reserve area on the development plan for the number of additional spaces that would satisfy the requirement of this subsection. The design for the parking reserve area shall comply with § 325-36, this § 325-39 and § 325-40 of this chapter. The Board may require that the parking reserve area be developed if and when it determines the need. Until such time it is developed, the parking reserve area shall be landscaped.
(4) 
Required parking spaces shall be provided in such a manner as to have direct and unimpeded access to a travel aisle, without potential blockage by another parking space.
(5) 
Stacking spaces, where required, shall be provided so as not to block or cross travel lanes, whether within a parking lot or on adjacent streets. A clear bypass lane shall be provided for the benefit of traffic that either does not wish to use the drive-through facilities or for motorists who have entered the drive-through lanes and wish to exit before reaching the sales or service window.
(6) 
Minimum off-street parking requirements in addition to employee spaces shall be as follows:
Use
Minimum Parking Requirements
Bowling alley
4 spaces per lane
Convenience market (gross floor area of less than 6,000 square feet)
6 spaces/1,000 square feet of floor area
Drive-through service or sales window
7 stacking spaces per lane shall be provided in addition to the space adjacent to the window
Eating and drinking establishments without drive-through lane
1 space/2 seats
Eating and drinking establishment with drive-through lanes
1 space/3 seats
Funeral home
1 space/50 square feet devoted to assembly or view room purposes
Furniture or carpet store of less than 50,000 square feet of floor area
3 spaces/1,000 square feet
Garden center plant display (exclusive of areas devoted to sales and display of inorganic materials)
2 spaces/1,000 square feet
Gasoline service station
1 spaces/3 gasoline pumps in addition to filling spaces
Golf course (regulation, regardless of the number of holes)
4 spaces/tee plus 1 per employee
Golf course (miniature)
2.5 spaces/hole plus 1 per employee
Golf course (driving range)
1.5 space/tee plus 1 per employee
Health or exercise club
10 spaces/1,000 square feet of floor area
Home occupation
1 spaces for each nonresident employee
Hospital
2 spaces/patient bed
Hotel/motel
1.25 spaces per room
Industry, manufacturing and assembly operations
[Amended 3-10-2004 by Ord. No. 310]
1 space/500 square feet of floor area or 1 space per 2 employees on the maximum shift, whichever is greater
Institution
1 space/2 beds
Laundromat
1 space/washing machine
Laboratories, research and development
3.5 spaces/1,000 square feet of floor area
Nursing home, skilled nursing facility, or similar institution
1 space/5 beds plus 1 space per employee
Offices, banking and financial
4.5 spaces/1,000 square feet of floor area
Offices, health sciences and clinics
1 space/150 square feet of floor area
Offices, general business and office buildings
3.5 spaces/1,000 square feet of floor area
Places of assembly, cinemas, theaters, churches, meeting places
1 space/3 seats
Recreational use not specified
1 space/3 individuals at estimated maximum capacity, including both spectators and participants
Retail stores of a category not specified, with less than 100,000 square feet of floor area; personal or business service establishments; and shopping centers of less than 600,000 square feet of floor area, where less than 5% of the floor area is devoted to eating and drinking establishments. Eating and drinking establishments in excess of 5% of the floor area and cinemas provided as part of a shopping center shall have parking demand for those uses calculated separately and added to the required parking after the floor area devoted to these uses as been subtracted out.
4.5 spaces per 1,000 square feet of floor area
Retail stores of a category not otherwise specified, with 100,000 square feet of floor area or more; and shopping centers of 600,000 square feet of floor area or more, where less than 5% of the floor area is devoted to eating and drinking establishments. Eating and drinking establishments in excess of 5% of the floor area and cinemas provided as part of a shopping center shall have parking demand for those uses calculated separately and added to the required parking after the floor area devoted to these uses has been subtracted out.
5 spaces per 1,000 square feet of floor area
Schools, colleges and technical
1 space per 2 students of maximum capacity
Vehicular repair
4 spaces per service bay
Vehicular sales
1 space/800 square feet of sales area reserved for customers and employees
Video rental establishment
6 spaces/1,000 square feet of floor area
Warehousing, wholesale storage or distribution
1 space/1,000 square feet of floor area
[Amended 12-11-2013 by Ord. No. 409[1]]
For any new use or modification of an existing use, the Township may require that a plan be prepared to provide adequately for drainage of all buildings and other impervious surfaces, including, where appropriate, areas of on-site retention and groundwater recharge, the use of natural drainage systems, and the installation of facilities for erosion and sedimentation control and stormwater management. Plans shall be prepared as specified in Chapter 270, Stormwater Management, of the Code of the Township of West Whiteland, as amended, which is incorporated herein by reference and made a part hereof.
[1]
Editor's Note: This ordinance provided an effective date of 1-1-2014.
The following regulations shall apply to all districts:
A. 
Air quality. 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 123 (Standards for Contaminants) and Chapter 131 (Ambient Air Quality Standards), Part III, Title 25, Pennsylvania Department of Environmental Protection, Rules and Regulations. 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. 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 and equipment and devices as detailed and specified by the laws of the Commonwealth of Pennsylvania. All buildings and structures and activities within such buildings and structures shall conform to the Building Code, the Fire Prevention Code, and other applicable Township ordinances.[1] 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.
[1]
Editor's Note: See Ch. 129, Construction Codes, Uniform.
C. 
Glare and heat. No direct or sky-reflected glare, whether from floodlights or high temperature processes such as combustion or welding or otherwise, so as to be visible at the lot line shall be permitted. These regulations shall not apply to signs or floodlighting of parking areas otherwise permitted by this chapter. 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 materials in such a way or such a nature, as will contaminate or otherwise cause the emission of hazardous materials in violation of the laws of West Whiteland Township and the Commonwealth of Pennsylvania, and specifically Chapters 73, 75, 95 and 97, Title 25, Pennsylvania Department of Environmental Protection, Rules and Regulations.
E. 
Noise. Limits on noise and the regulation thereof shall be in accordance with Chapter 213, Noise Disturbance, of the West Whiteland Township Code of Ordinances.
[Amended 3-10-2004 by Ord. No. 310; 5-30-2012 by Ord. No. 399; 9-11-2013 by Ord. No. 407]
F. 
Odor. 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. 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.
H. 
Radioactivity or electrical disturbances. There shall be no activities which emit dangerous radioactivity at any point. There shall be no radio or electrical disturbance adversely affecting the operation of equipment belonging to someone other than the creator of disturbance. If any use is proposed which incorporates the use of radioactive material, equipment or supplies, such use 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. 
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. 
Applicability. Impact statements shall be required for all preliminary applications for development when any of the following are proposed for a property:
(1) 
Residential development of 100 dwelling units or more.
(2) 
Institution or life-care facility of 100 or more bedrooms or residential units.
(3) 
Industrial, commercial and/or office development of 100,000 square feet of floor area or greater, or a subdivision of 20 or more lots/units.
(4) 
Where the development of wooded lands is proposed, the applicant shall establish to the satisfaction of the Board of Supervisors, on recommendation of the Township Planning Commission, that proposed improvements have been designed and located so as to minimize destruction of viable trees to the extent consistent with the reasonable use of the property. The applicant's presentation shall include a projection of the number and proportion of viable trees to be destroyed as the immediate or eventual consequence of the proposed development activities as determined by a professional forester, arborist or equivalent expert with reference to a forest density survey or other statistical means approved by the Board of Supervisors. The developer shall establish compliance with the following additional standards and criteria applicable to the development of wooded lands:
(a) 
Maximum residential building height shall be 30 feet.
(b) 
Exterior building surface color shall be limited to earth tones.
(c) 
All stormwater management facilities shall be reforested to the maximum extent permitted by the Commonwealth of Pennsylvania, Department of Environmental Protection.
(d) 
To the maximum extent practicable, any wooded portion of the North and South Valley Hills ridgeline located on the property shall be maintained in an undisturbed state. A photographic record and tree line profile of all such wooded ridgelines located on the property shall be made prior to all construction activities and shall serve as the "base line" condition to be restored by replacement plantings following construction.
B. 
The requirement of a fiscal impact analysis, Subsection C, shall apply only to uses permitted by conditional use and proposed zoning changes.
C. 
The Board shall consider the impact of the proposed use on the Township and on the facilities and systems as listed hereafter. When required by the Board, the applicant shall provide all of the information data and studies needed to allow the Board to reach conclusive evaluation of the areas set forth hereafter, which are applicable to the use proposed. The impact statement should be one written document. Necessary maps, charts, etc., should be labeled as consecutively numbered exhibits and properly referenced throughout the text of the written document. The statement should be written in a manner and style that clearly focuses the information, data and analysis on the issues and objectives requested by the Board. The source of all data should be appropriately documented.
(1) 
Traffic impact study.
(a) 
Purpose. A traffic impact study shall be required for any development proposed pursuant to this section. Such study shall enable the Board of Supervisors to assess the likely impact of a proposed development in the various components of the transportation system in the Township. The purpose of said study shall be to identify any traffic problems likely to affect egress, road capacities, and off-site traffic flow, and to determine its impact on public transportation and pedestrian and nonvehicular circulation in the area.
(b) 
Professional input. The applicant shall retain a qualified professional traffic engineer to prepare the traffic impact study. For purposes of this provision a qualified traffic engineer shall be deemed any individual holding a degree from an accredited university in any traffic engineering specialty, or any individual holding a university degree who also possesses membership in the Institute of Transportation Engineers, or any individual who conforms to the definition for a Municipal Traffic Engineer preferred in 67 Pa. Code, Chapter 612, as amended, entitled "Municipal Traffic Engineering Certification."
(c) 
Study area. A study area shall be defined by the traffic engineer which represents the area that is likely to be affected (from a traffic impact standpoint) by the development. Prior to identifying the study area, the traffic engineer shall discuss possible study area boundaries with the applicant and the Township. Specific intersections to be included in the study shall be mutually agreed upon prior to initiating work.
(d) 
Contents of impact study. A traffic impact study shall contain the following information:
[1] 
General site description. The size description shall include the size, location, proposed land uses, construction staging and completion date of the proposed development. A brief description of other major existing uses and approved recorded development plans that as agreed upon by the Township, and the traffic engineer, have bearing on the development's likely traffic impact shall be included as source data. The Township may, in addition, require consideration of development proposals not yet approved and recorded, but with sufficient status and probable impact to warrant inclusion.
[2] 
Transportation facilities description. Said description shall contain a full documentation of the proposed internal and external circulation system within the study area. Said description shall include proposed internal vehicular, bicycle and pedestrian circulation, all proposed ingress and egress locations, all internal roadway widths and rights-of-way, existing and proposed parking conditions, traffic channelizations and any traffic signals or other intersection control devices at all intersections within the project site. Said description shall include all major elements of the existing external roadway system within the study area. All major existing and proposed public transportation services and facilities within the study area also shall be documented. All future highway improvements, including proposed construction and traffic signalization, shall be noted. This information shall be obtained from the Pennsylvania Department of Transportation and from the Township Manager's office in West Whiteland Township.
[3] 
Existing traffic conditions. Existing traffic conditions shall be documented for all major roadways and intersections established as part of the study area under Subsection C(1)(c) above. Existing traffic volumes for average daily traffic and peak hour(s) traffic shall be recorded. Mechanical or manual traffic counts at major intersections in the study area shall be conducted encompassing the peak highway and development generated hour(s), and documentation regarding said traffic counts shall be included in the traffic engineer's report. A volume capacity analysis based upon existing volumes shall be performed during the peak highway hour(s) and the peak development generated hour(s) for all roadways and major intersections within the study area. The capacity analysis shall be conducted according to methods of analysis acceptable to the Pennsylvania Department of Transportation. The existing level of service associated with each major roadway and intersection evaluated shall be recorded. Data about the most recent available accident levels within the study area shall be indicated.
[4] 
Impact of development on area circulation. Estimates of vehicle trips to result from the proposed development shall be completed for the design-day peak highway hour(s) and peak development generated hour(s). In order to obtain vehicle trip generation base data, the traffic engineer shall consult either his firm's data bank, or the most current edition of the Institute of Transportation Engineers trip generation report, or local data from the Township Manager or, if available, a more current or comprehensive source. All turning movements associated with the proposed improvement generated hour(s) shall be computed and contained in the study. Traffic volumes generated by the proposed use shall be distributed and assigned to existing roadways and intersections throughout the study area for which existing conditions were recorded. Documentation of all assumptions used in the distribution and assignment of traffic shall be provided. Any characteristics of the site that are likely to cause particular traffic management problems shall be noted.
[5] 
Analysis of traffic impact. The traffic engineer shall evaluate the likely impact of the proposed development in the area's circulation system. Included shall be an evaluation of the proposal's likely impact on existing and planned public transportation improvements, the expected impact on pedestrian and nonvehicular circulation, an evaluation of the capacity of existing roadways within the study area to accommodate site-generated traffic, as well as total future traffic demand. (Total future traffic demand shall be defined to include existing vehicular volumes plus traffic volumes associated with approved developments within the study area.) This demand shall consist of a combination of the existing traffic expanded to the completion year (using an annual traffic rate available from Delaware Valley Regional Planning Commission), the development-generated traffic, and the traffic generated by other proposed developments affecting the study area. The traffic engineer shall render an opinion regarding the capacity of the existing roadway system to accommodate future traffic demand. Should the traffic engineer conclude that the existing roadway system cannot accommodate anticipated traffic demand, said engineer shall proffer a recommendation regarding what improvements are necessary to the area's roadway system. Said traffic engineer shall identify the relationship of site-generated traffic associated with the proposed development's impact on overall demand, and shall further identify the development's proportional relationship to the traffic system improvements that are likely to be required, in part, due to the development. The volume/capacity analysis performed in accordance with Subsection C(1)(d)[3] above shall be updated to include a volume/capacity analysis using the total future demand and future roadway capacity. In addition, if staging of the proposed development is anticipated, calculations for each stage of completion vis-a-vis the volume/capacity analysis shall be performed. The analysis shall be conducted, on a design day, during the peak-highway hour(s) and major intersections in the study area which are projected to be affected by the proposed development. All access points and pedestrian crossings shall be examined as to the need for and feasibility of installing traffic signals or other traffic control devices. To do this, the traffic engineer shall evaluate access points and pedestrian crossings pursuant to Pennsylvania Department of Transportation specifications for traffic signal warrants.
[Amended 3-10-2004 by Ord. No. 310]
[6] 
Conclusions and recommended improvements. Projected levels of service for all roadways and intersections shall be identified at the conclusion of each phase of the development. All roadways and/or intersections showing a level of service which is deemed deficient by the traffic engineer during peak hours of the day (peak hour defined to include peak hour of traffic on the particular roadway and peak hour of traffic of development generated traffic) shall be identified. Specific recommendations for elimination of traffic problems associated with the proposed development shall be identified. (Levels of service are defined in the 1965 Highway Capacity Manual, Highway Research Board, National Academy of Sciences, Special Report 87.) A listing of recommended improvements shall include the following elements: internal circulation design; site access locations and design, improvements and widenings; traffic signal installation and operation, including signal timing; transit design improvements and reduced intensities of use. All physical roadway improvements shall be shown in sketches as a part of the report. The listing recommending improvements for vehicular, pedestrian/nonvehicular, and transit modes shall include, for each improvement, the party proposed to be responsible for the improvement, the cost and funding of the improvement (to the extent possible) and the completion data for the improvement (to the extent possible.) The Township, with the assistance of its own traffic engineer, shall review the methodology, assumptions, findings and recommendations of the applicant's traffic engineer. The Board may impose upon the applicant additional improvements deemed necessary to accommodate impacts of the development.
(2) 
Utilities impact study. A study shall be prepared by a registered professional engineer indicating the likely impact of the proposed development on the existing sewer, water, ground water, solid waste and drainage systems serving West Whiteland Township. Said impact analysis shall identify the existing capacity of facilities which would serve the development, the prospects of those facilities being able to provide service to it, and any improvements that might be required as a direct result of the proposed development. Additionally, the study should identify the likely ability of sewer, water, solid waste and drainage systems to continue to provide efficient and economic service to existing residents and businesses within the Township, considering added service requirements of the proposed development. The study shall indicate what alternatives have been considered for sewage treatment and disposal, as well as measures to be initiated toward waste recycling and water conservation.
(3) 
Historic resources impact study. See § 325-92.
(4) 
Recreation. The study shall analyze the demand for recreational facilities which the proposed development will generate and determine whether adequate facilities exist or are planned or proposed. As a minimum, the study should include the following:
(a) 
A description of the projected age breakdown of the residents of the proposed development.
(b) 
A description of any recreational facilities to be provided by the developer.
(c) 
A description of who the responsible party(s) will be for ownership and maintenance (public or private) of any recreational facilities to be provided by the developer.
(d) 
A description of existing municipal recreational facilities and the impact of the proposed development on these facilities. Accepted standards for required recreation shall be indicated in the West Whiteland Open Space and Recreation Study.
(e) 
Discussion of potential for any recreational facilities to be provided by the developer to compensate for any anticipated deficiencies of the Township's recreational facilities.
(f) 
A description of accessibility of developer proposed facilities to general Township residents.
(g) 
A description of any contributions the developer plans to make for Township recreation to compensate for expected impacts.
(5) 
Fiscal impact analysis. A fiscal impact analysis shall be prepared for all conditional uses and proposed zoning changes identifying the likely impact of the development on the Township's tax structure and expenditure patterns. Included shall be a determination of the revenues to accrue to the Township as a result of a proposed development, as well as an identification of the costs associated with delivering services to the proposed development. The fiscal impact analysis shall deal with the impact of the proposed development on the ability of the Township to deliver fire, police, administrative, public works and utility services to the development on the Township's economy. In order to prepare the analysis, the applicant shall utilize a methodology proffered in the Development Assessment Impact Handbook (Urban Land Institute 1994, as modified from time to time), adapted as appropriate and to the Board's satisfaction. The "case study method" shall be the preferred alternative, in reviewing methodologies with the applicant, however, the Board may authorize a different methodology if the applicant can demonstrate to the Board's satisfaction substantial advantages in results achieved and/or efficiencies realized. The Township Manager shall serve as the key provider of local information for this analysis. Particular aspects of the Township's service delivery capability to be analyzed shall include:
(a) 
Public works. This includes potential effects on the maintenance, repair and upkeep of roads, signal systems, sewer, water and drainage systems, open space and recreation areas or any other applicable function of this department. This study shall address projected cost increases for the above mentioned items in terms of administration, personnel, equipment and materials.
(b) 
Administration. This includes time that would be required by the Board of Supervisors, Manager, Administrative Assistant, and clerical personnel to process the application and handle the project during construction, as well as long term administrative demands. This should include, but not be limited to, the handling of: plans, contracts, various legal instruments or agreements, permits, special problems, and escrow. Added demands on the code administration staff also shall be projected.
(c) 
Fire and emergency services. The analysis shall incorporate the development's impact on fire company capabilities including, but not limited to, municipal water supply, pumping capacity, specialized equipment and training requirements.
(d) 
Police. The study shall project the overall effects of the proposed development on existing Township police personnel numbers, equipment, vehicles and working space. The plan should include whatever facilities or assistance the development will provide to handle emergencies, criminal investigation, armed robbery or other security-related problems.
(6) 
Environmental impact study. The Board of Supervisors shall examine the applicant's environmental impact study in detail, together with the comments from the from the Planning Commission. The applicant shall minimize the negative environmental impact of the project and identify and propose effective mitigation measures to accomplish this. The environmental impact report shall contain the following information:
(a) 
Plan and description of development, proposed use of site. A project description, which shall specify what is to be done and how it is to be done during construction and operation, complete with maps and drawings, said maps and drawings to be drawn on a scale of one inch per 100 feet. The description shall include, but not be limited to, the following:
[1] 
Topographic contours.
[2] 
Buildings.
[3] 
Roads.
[4] 
Paved areas.
[5] 
Grading and regrading.
[6] 
Adjacent natural streams.
[7] 
The project's relation to surrounding property and utility lines.
[8] 
The method and schedule of construction, including grading and clearing operations.
[9] 
Solid waste generation and disposal.
[10] 
Wastewater pretreatment.
[11] 
External noise.
[12] 
Smoke or pollution generated from heating elements and power-generating facilities.
(b) 
Inventory of existing environmental conditions. Inventory or testing for existing development which is serviced by public water and sewer may be waived at the Board's discretion. For all other development applications specified, an inventory of existing environmental conditions on the project tract and in the area affected by the proposed development, including the location of testing, shall be provided and shall describe:
[1] 
Water quality, water supply hydrology, groundwater level and condition.
[a] 
Surface and groundwater studies for all applicants shall include the analysis of the state standards for residential cleanup and, without limitation, the following performed by a Pennsylvania state-certified laboratory facility:
[i] 
pH.
[ii] 
Nitrates.
[iii] 
Nitrites.
[Added 3-10-2004 by Ord. No. 310[1]]
[1]
Editor's Note: This ordinance provided for the redesignation of subsequent subsections.
[iv] 
Total suspended solids.
[v] 
Total phosphates.
[vi] 
BOD.
[vii] 
Fecal coliform.
[viii] 
Chlorides.
[ix] 
Turbidity.
[b] 
Any applicant whose property lies in a watershed affected by any upstream manufacturing or commercial establishment or whose property itself is such a manufacturing or commercial establishment shall include, in addition to the provisions above, the analysis of the following:
[i] 
Arsenic.
[ii] 
Cadmium.
[iii] 
Chromium.
[iv] 
Copper.
[v] 
Iron.
[vi] 
Lead.
[vii] 
Zinc.
[viii] 
Mercury.
[2] 
Air quality.
[3] 
Noise characteristics.
[4] 
Geology.
[5] 
Soils and properties thereof, including capabilities limitation.
[6] 
Topography.
[7] 
Slope.
[8] 
Slope stability.
[9] 
Terrain.
[10] 
Soil permeability.
All the provisions shall be described with reference to criteria contained in the Chester County Soils Survey, and any other pertinent soil standards.
[11] 
On-site and off-site sewerage systems, public and private.
[12] 
Vegetation [a separate map of existing vegetation shall be submitted with a scale identical to the development plan(s)].
[13] 
Wildlife.
[14] 
Wildlife habitat.
[15] 
Aquatic organisms.
(c) 
Assessment and mitigation of environmental impact of project.
[1] 
An assessment supported by environmental data of the environmental impact of the project upon the factors described above shall be submitted and shall include an evaluation of water use, liquid and solid waste disposal and the effects of liquid and solid waste on the quality and quantity of surface and ground waters. The assessment shall include an evaluation of the compatibility in use and scale of the project with employment, shopping, schools, roads, open space and police and fire protection. All potential impacts are to be defined to include, but not be limited to:
[a] 
Impact on geological and soil stability.
[b] 
Impact on soil erodibility.
[c] 
Impact on groundwater, aquifers and any aquifer recharge area.
[d] 
Impact on streams and lakes within or without the site, whether man-made or natural.
[e] 
Impact on vegetation and wildlife.
(d) 
Any data submitted by the applicant with the application or to other agencies, having jurisdiction over one or more of the environmental elements specified in this section shall be accepted by the Board as fulfilling the data requirements of this article, to the extent applicable.
(e) 
Evaluation of environmental impacts. To the extent not covered above, an evaluation of:
[1] 
Unusual environmental impacts and damages to natural resources both on the project tract and in the area affected.
[2] 
A description of steps to be taken to minimize such impacts during construction and operation, with particular emphasis upon air or water pollution. The description of steps to be taken shall be accompanied by appropriate maps, schedules and other explanatory data as may be needed to clarify and explain the actions to be taken.
[3] 
Increase in noise.
[4] 
Damage to plant, tree and wildlife systems.
[5] 
Increase in sedimentation and siltation.
[6] 
Increase in municipal services.
(f) 
Alternatives. The applicant shall be required to provide a statement of alternatives to the proposed project, consistent with the zoning on the site, which might avoid some or all of the unusual environmental effects of the proposed project. The statement shall include the reasons for the acceptability or nonacceptability of each alternative. One of the alternatives may show the mitigation of all the unusual environmental effect.
(g) 
Drainage. A showing that stormwater runoff from the site is so controlled that on-site and off-site erosion is neither significantly caused nor significantly worsened and that the potential of downstream flooding is not significantly increased, and the following:
[1] 
Volume and peak flow rates of stormwater runoff expected from the undeveloped site and to be generated by new improvements, which shall include volumes and rates, before and after the proposed development. Such data shall apply to the site in general and reflect that magnitude of change in runoff and shall not cover each and every reach of the entire drainage system.
[2] 
Data on landscaping, vegetation, trees and ground cover existing on the site, compared with that proposed.
[3] 
Changes of runoff rates and volumes to be caused by changes in land use and the time of concentration.
[4] 
Plans for disposition of stormwater, whether by retention on the site or by means of channeling so as to protect downstream property.
[5] 
Stream encroachments.
[6] 
Floodplains. A description of potential flood damages, including a summary of flood sites from state and federal sources.
[7] 
Air pollution. A showing that emissions to the atmosphere from point sources will be in compliance with state and federal laws and regulations and a description of the means by which dust created by construction of the building project will be controlled.
Any costs incurred by the Township, to study plans and/or studies submitted either by the Township's consulting engineer or a professional specifically retained for this purpose, shall be reimbursed to the Township as a component of the application review fee.
The purpose of these guidelines and objectives is to give a sense of the physical aspect of the environment to those contemplating new development in the community. Pertinent to the physical appearance is the design of the site, buildings and structures, plantings, signs, street hardware and miscellaneous objects that are observed by the public. These standards are not intended to restrict imagination, innovation or variety, but rather to assist in focusing on design principles which can produce creative solutions that will develop a satisfactory visual appearance within the Township, preserve taxable values and promote public health, safety and welfare.
A. 
The landscape shall be preserved in its natural state, insofar as practical, by minimizing tree and soil removal. Any grade changes shall be in keeping with the general appearance with the neighboring developed areas. The orientation of individual building sites shall be such as to maintain maximum natural topography and cover. Topography, tree cover and natural drainageways shall be treated as fixed determinants of road and lot configurations, rather than as malleable elements that can be changed to follow a preferred development scheme.
B. 
Streets shall be designed and located in such a manner as to maintain and preserve natural topography, cover, significant landmarks and trees, to minimize cut and fill and to preserve and enhance views in vistas on and off the subject parcel.
C. 
Proposed development shall be related harmoniously to the terrain and to the use, scale and architecture of existing buildings in the vicinity that have been functional or visual relationship to the proposed building. Proposed buildings shall be related to their surroundings.
D. 
All open space (landscaped and usable) shall be designed to add to the visual amenities of the area by maximizing its visibility for persons passing the site or overlooking it from nearby properties.
E. 
The color, size, height, lighting and landscaping of appurtenant signs and structures shall be evaluated for compatibility with the local architectural motif and the maintenance of views and vistas of natural landscapes, recognized historic landmarks, parks and landscaping.
F. 
The removal or disruption of historic, traditional or significant uses, structures or architectural elements shall be minimized insofar as practicable, whether these exist on the site or on adjacent properties, particular care is to be given to preserving the setting of historic properties.
[Added 7-27-2011 by Ord. No. 392]
A. 
Classification of use.
(1) 
A solar energy system shall be deemed to be the principal use of a lot when the peak output of the system as designed exceeds 125% of the estimated aggregated peak electrical demand of all consumptive equipment on that lot. Where there are multiple solar energy systems on a lot, this calculation shall be based upon the total peak design output of the aggregated systems. Solar energy systems as a principal use are permitted only where allowed by the district regulations.
(2) 
All solar energy systems that are not a principal use of a lot, as defined above, shall be deemed an accessory use.
B. 
Township review and approval.
(1) 
The following types of solar energy systems are permitted as an accessory use by right in all zoning districts:
(a) 
All roof-mounted systems.
(b) 
Solar heating and cooling systems.
(c) 
Solar hot-water systems.
(d) 
Ground-mounted photovoltaic systems where the area of the photovoltaic panels is not more than 1,000 square feet.
(2) 
The following types of solar energy systems are permitted as an accessory use by conditional use in all zoning districts:
(a) 
Ground-mounted photovoltaic systems where the area of the photovoltaic panels exceeds 1,000 square feet.
(3) 
The following types of solar energy systems are permitted as a principal use by conditional use in the I-1 and I-2 Zoning Districts only:
(a) 
Ground-mounted photovoltaic systems of any size.
(b) 
Concentrated solar power systems.
(c) 
Any other type of solar energy system intended to produce power for sale rather than for consumption on the subject property.
(4) 
The installation of a solar energy system shall be deemed a land development under any one of the following conditions and shall therefore be subject to the review and approval process established by the Township Subdivision and Land Development Ordinance.[1] Land development review and approval shall be in addition to any requirement for conditional use approval.
(a) 
Where the installation of the solar energy system requires grading of the property, pursuant to the definition of "land development" in § 325-8 above, regardless of whether it is the principal use of the property.
(b) 
Where the installation of the solar energy system will result in additional impervious cover of 2,000 square feet or more, pursuant to the definition of "land development" in § 325-8 above, and pursuant to the standard enumerated in § 324-44.1E(1) below, regardless of whether it is the principal use of the property.
(c) 
Where the solar energy system will be the principal use of the property.
[1]
Editor's Note: See Ch. 281, Subdivision and Land Development.
C. 
General regulations.
(1) 
The design, construction, and installation of solar energy systems shall comply with all applicable requirements of the West Whiteland Township Building Code (including the electrical and plumbing codes)[2] in addition to the requirements of this section and applicable industry standards. In the event of a conflict among the provisions of this section, industry standards, and the Building Code, the Building Code shall control.
[2]
Editor's Note: See Ch. 129, Construction Codes, Uniform.
(2) 
Solar energy systems shall comply with the Pennsylvania Uniform Construction Code, Act 45 of 1999, as amended, and all other applicable statutes or acts promulgated by the Commonwealth of Pennsylvania.
(3) 
A building permit shall be required for the installation of all solar energy systems. Where the installation of a solar energy system has been deemed to require review and approval as a conditional use and/or a land development, such approval(s) shall be received prior to the issuance of a building permit.
(4) 
In addition to other Township requirements, the individual or company responsible for installing the solar energy system shall be approved as a solar system installer by the Pennsylvania Department of Environmental Protection.
(5) 
Solar energy systems shall be sited to assure solar access without reliance upon adjacent properties.
(6) 
Solar energy systems may be roof-mounted in compliance with § 325-44.1D below, ground-mounted in compliance with § 325-44.1E below, or incorporated into the structure of a building. No component of a solar energy system shall be mounted upon another structure such that it extends beyond the footprint of that structure.
(7) 
Solar energy systems shall comply with the performance standards in § 325-41 above and shall be sited such that they will not cause any glare beyond the property line of the lot whereupon they are located. In the event that any element of a solar energy system shall be found to cause such impermissible glare, the Township shall have the authority to compel the property owner (and/or the owner of the system if he/she/it are not the property owner) to eliminate such glare by a means acceptable to the Township, up to and including the removal of the glare-causing elements.
(8) 
Requirement of glare analysis. Under any one of the following conditions, the applicant for a solar energy system that includes photovoltaic panels shall provide with the application a glare analysis prepared and sealed by an engineer licensed in the Commonwealth of Pennsylvania. Such analysis shall document the areas subject to glare from the proposed system. No approval shall be granted nor any building permit issued for a system where such analysis shows that glare will be projected onto any public street or any building on any property other than the one whereupon the system is located.
(a) 
Where the installation of photovoltaic panels is subject to review as a conditional use or land development as provided for above.
(b) 
Where photovoltaic panels are to be mounted such that the reflective surface directly faces or is angled toward a public street or any building (other than a building on the same lot as the said panels) without any intervening structure or permanent screen.
(9) 
No solar energy system shall be used to display advertising, signage, streamers, pennants, spinners, reflectors, ribbons, tinsel, balloons, flags, banners, or similar materials.
(10) 
Solar energy systems shall be promptly removed and properly disposed of when damaged or no longer in use.
D. 
Roof-mounted, solar energy systems.
(1) 
For the purposes of determining compliance with building height limits, a roof-mounted system shall be deemed a type of "mechanical equipment," as that term is used in the definition of "building height" in § 325-8 above.
(2) 
Roof-mounted systems shall be set back a minimum of three feet from the edge of the roof. In addition, when mounted upon a roof with a slope of 10% or more, the system shall be set back a minimum of three feet from the ridgeline or highest point of the roof.
(3) 
Electrical conduits serving the roof-mounted system shall be mounted a minimum of 10 inches below the decking of the roof.
(4) 
When mounted upon a roof with a slope of 30% or more, no part of a roof-mounted system shall extend more than one foot above the highest point of the roof upon which it is mounted.
(5) 
When mounted upon a roof with a slope of less than 30%, a roof-mounted system shall be surrounded by a visual screen having a minimum height equal to the tallest point of the system.
(6) 
No part of any roof-mounted system shall extend beyond the edge of the roof upon which it is mounted.
E. 
Ground-mounted solar energy systems.
(1) 
For the purposes of determining compliance with area and bulk regulations, a ground-mounted system shall be deemed a type of "building" and shall be subject to the limitations on height and building coverage as well as the setback requirements established for buildings by the applicable district regulations. The impervious cover calculation shall include only the areas that are paved or otherwise sealed against infiltration; where the system consists of panels elevated above the ground such that stormwater may infiltrate below such panels, the panels shall not be deemed to create impervious cover, although they shall be included in the calculation of building coverage.
(2) 
When the installation of a ground-mounted system will result in an increase in building coverage [as described in § 325-44.1E(1) above] of 2,000 square feet or more, the applicant for such installation shall provide a stormwater impact analysis describing the impact of the project upon stormwater and providing for appropriate stormwater management facilities as part of the installation. No building permit shall be issued until the analysis and recommendations are found satisfactory to the Township, as advised by the Township Engineer.
(3) 
When installed as an accessory to a residential use, a ground-mounted system shall not be placed within the front yard.
(4) 
All electrical and plumbing lines serving a ground-mounted solar energy system shall be in compliance with the applicable Township codes and shall be within a conduit and buried below ground.
(5) 
If a ground-mounted solar energy system has been abandoned (hereby defined as not having been in operation for a continuous period of six consecutive months), is defective, or is deemed unsafe by the Township's Code Enforcement Officer, the Township may direct the owner to repair the system to meet all applicable safety and code standards or to remove the system within a period of time to be established by the Code Enforcement Officer. If the owner fails to comply with the order of the Code Enforcement Officer, the Township may pursue a legal action to have the system removed at the owner's expense.