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]
[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]
[1]
Editor's Note: Former § 325-33,
Buffers and screen, was repealed 3-10-2004 by Ord. No. 308.
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.
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.
(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:
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.
F.
Design.
(1)
Interior circulation within parking areas shall be in accordance with the provisions of § 325-37.
(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
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[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.
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.
(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:
[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:
[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.
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[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:
(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:
(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:
(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.
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)
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.